99-809
1st Session
109-16
--MAKING EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2005, AND FOR OTHER PURPOSES
[To accompany H.R. 1268]
The Committee on Appropriations submits the following report in explanation of the accompanying bill making emergency supplemental appropriations for the fiscal year ending September 30, 2005, and for other purposes.
BILL SUMMARY
The bill recommended by the Committee includes $81,266,878,000 in emergency supplemental appropriations for fiscal year 2005, as detailed below. The recommendation is $614,423,000 below the President's supplemental request.
TITLE I--DEFENSE-RELATED APPROPRIATIONS
CHAPTER 1
DEPARTMENT OF DEFENSE
DEPARTMENT OF DEFENSE--MILITARY
OVERVIEW
On February 14, 2005, the President submitted a request for fiscal year 2005 supplemental appropriations of $73,796,753,000 for the Department of Defense and intelligence community activities under the jurisdiction of the Subcommittee on Defense. Funds are requested for Operation Iraqi Freedom; Operation Enduring Freedom, in Afghanistan; Army and Marine Corps restructuring; recapitalization and replacement of equipment; and replenishment of cash balances in certain working capital funds.
Amounts included in the supplemental request in the military personnel accounts for Basic Allowance for Housing (BAH), and in the operation and maintenance accounts for Facilities Sustainment, Restoration, and Modernization (FSRM), are addressed in chapter 2 of this title. Funds requested to replenish supplies and operating accounts for resources diverted from mission accounts for humanitarian relief efforts associated with the December 2004 Indian Ocean Tsunami ($222,050,000) are addressed in title IV.
The Committee recommendation includes an increase of $2,019,001,000 to address shortfalls in the request. In making this recommendation, the Committee is adhering to three guidelines:
- 1. Increases above the budget request are for equipment, supplies or operating expenses in support of deployed, soon-to-be-deployed, or returning troops;
- 2. Increases above the budget request are intended for equipment, supplies or operating expenses for which funds can be obligated in the remainder of fiscal year 2005; and
- 3. Increases above the budget request are targeted at programs that assist in force protection, or in increasing the survivability of troops in the field.
Major funding increases are provided for the Army and the Marine Corps, the two organizations that have borne the brunt of major combat in the past year, particularly in Iraq. The Committee is convinced that a modest investment in replacing and improving equipment for our ground forces will save lives in the future.
Where justified, the Committee recommendation includes expanded authorities for the Department of Defense for a number of activities. However, while sensitive to the need for flexibility, the Committee has not provided authorities which either have not been properly justified, can be accomplished using existing authorities, or for which no defined need has been identified.
The Committee has continued a commitment to accountability for the use of funds by providing for the application of a number of existing reporting and notification requirements to the obligation and expenditure of supplemental funds. In addition, the Committee is very concerned the Secretary of Defense has not submitted the first biannual report required under section 9010 of the Department of Defense Appropriations Act, 2005. This section requires a report on the military operations of the Armed Forces and the reconstruction activities of the Department of Defense in Iraq and Afghanistan. The Committee directs that said report be submitted as soon as possible, and that the second report be submitted as specified in law no later than April 30, 2005.
COMMITTEE RECOMMENDATIONS
In title I, chapter 1, the Committee recommends total appropriations of $73,815,754,000 (including $85,000,000 in transfers), which is an increase of $2,019,001,000 over the supplemental budget request. Funding by category is as follows:
| Military Personnel | $15,524,994,000 |
| Operation and Maintenance | 37,502,036,000 |
| Procurement | 18,317,255,000 |
| Research, Development, Test and Evaluation | 508,321,000 |
| Revolving and Management Funds | 1,443,700,000 |
| Other Department of Defense Programs | 257,148,000 |
| Related Agencies | 250,300,000 |
| General Provisions | 12,000,000 |
To provide a measure of flexibility to the Department of Defense (DoD), the Committee recommends providing appropriations in two new funds, the Afghanistan Security Forces Fund, and the Iraqi Security Forces Fund.
The Committee bill provides additional transfer authority for funds in this chapter, permitting up to $2,000,000,000 to be reprogrammed among activities following approval by the congressional defense committees through regular order prior-approval notification and reprogramming procedures.
In addition, the Committee bill provides transfer authority for funds provided in the Department of Defense Appropriations Act, 2005 (Public Law 108-287). The cumulative total amount that may be transferred is increased from $3,500,000,000 to $5,500,000,000. The Committee provides this additional transfer authority in order to ensure the Department of Defense has the ability to respond in a timely manner to urgent requirements in support of deployed forces, such as force protection, and to support homeland defense activities under Operation Noble Eagle.
CLASSIFIED ANNEX
The Committee's recommendations for intelligence activities are published in a separate and detailed classified annex. The intelligence community, Department of Defense, and other organizations are expected to fully comply with the recommendations and directions in the classified annex accompanying this bill. The Committee recommendation also includes language in the classified annex regarding reporting requirements for certain classified activities of the Department of Defense.
The following table summarizes, by appropriations account or general provision, the Committee's recommendations compared to the President's request.
REPORTING REQUIREMENTS
The Committee directs the Secretary of Defense to provide a report to the congressional defense committees within 30 days of enactment of this legislation on the allocation of the funds within the accounts listed in this chapter. The Secretary shall submit updated reports 30 days after the end of each fiscal quarter until funds listed in this chapter are no longer available for obligation. The Committee directs that these reports shall include: a detailed accounting of obligations and expenditures of appropriations provided in this chapter for the continuation of the war in Iraq and Afghanistan; and a listing of equipment procured using funds provided in this chapter. Additionally, for the Afghanistan Security Forces Fund, and the Iraq Security Forces Fund, the Secretary of Defense is required to notify the congressional defense committees five days prior to making transfers from the accounts, and to submit a report not later than 30 days after the end of each fiscal quarter detailing the transfer of funds into and out of these accounts so long as either fund remains operational.
Finally, the Committee expects that in order to meet unanticipated requirements, the Department may need to transfer funds within these appropriations accounts for purposes other than those specified in this report. The Committee directs the Department of Defense to follow normal prior-approval reprogramming procedures should it be necessary to transfer funding between different appropriations accounts in this chapter.
MODULARITY
The Department of Defense requested approximately $4.6 billion to purchase equipment for new combat brigades being created under the Army's force restructuring plan known as `modularity'. The Department also seeks just over $1.5 billion to cover the cost of military overstrength including pay and benefits of additional Army troops to man these new brigades. The Committee recommends the full amount requested for these activities.
Though concerns are being raised about the advisability of funding this Army restructuring program through emergency supplemental appropriations, the Committee is compelled to fully fund the Army request at this time by an urgency to address the significant challenges the Army now faces. An important catalyst for the Army modularity plan is the need to mitigate stress on the current active duty combat force by creating at least 10 additional combat brigades. At the same time these new forces are being added, all Army combat brigades will be redesigned to enhance their ability to deploy more rapidly and operate more independently on the battlefield. These are laudable goals, and the imperative for achieving them is undeniable.
The funding provided in this bill for equipment purchases under the modularity program will be used by units that will deploy to either Iraq or Afghanistan in the next two troop rotations scheduled for later this year and in 2006. By providing the funding now, the troops will receive much of this equipment prior to deployment. The continuing intensity of conflict, especially in Iraq, warrants outfitting these new units with the best equipment as quickly as possible.
The Committee directs the Secretary of Defense to submit to the congressional defense committees a report, not later than July 1, 2005, detailing the Department's long-range plan for executing and funding Army modularity. The report should identify personnel and equipment requirements, unit restructuring timelines, and associated costs. In addition, the Committee is concerned that the budgeting methods employed to support modularity may result in inefficient program management and contracting. Accordingly, the Committee directs that this report also include DoD plans to review multi-year procurement authority or any other measures to ensure that DoD can contract for required equipment as efficiently as possible.
RESETTING THE FORCE
The Department of Defense requested $6.6 billion for repairing and replacing equipment used in Iraq and Afghanistan under the program known as Army `reset'. The Army reset program encompasses efforts to maintain and restore equipment at bases overseas and depots in the United States (funded in the operation and maintenance accounts), as well as to replace equipment lost in combat through new purchases (funded in the weapons procurement accounts). The Committee recommends approving the full request, an amount the Committee believes to be the maximum amount of funding that can be reasonably obligated over the period covered by this supplemental.
The Committee is concerned, however, that the Army has failed to adequately articulate its reset requirements. Reports indicate that the Army's repair and equipment replacement costs associated with Operations Enduring Freedom and Iraqi Freedom will amount to billions of dollars in the foreseeable future. So that the Army's future reset needs may be addressed, the Committee strongly encourages the military service to develop a comprehensive funding and execution plan. The Committee intends to work with the Army to develop this plan.
As the Army redeploys equipment to the United States for major repair and depot maintenance, the Committee also believes the Army should take this opportunity to upgrade battle-worn equipment with the latest technology available. Working in partnership with industry, major repairs and upgrades can be accomplished in an effective, efficient manner to benefit of our forces.
The Department also requested $3.6 billion to cover the equipment repair and weapons replacement costs of the Marine Corps, Navy, Air Force, and Special Operations forces. The Committee recommends $3.9 billion for these programs, an increase of approximately $300,000,000.
MILITARY PERSONNEL
The Committee recommends a total of $15,524,994,000 for the incremental costs of pay and allowances of the active duty and Reserve personnel deployed overseas, retained on active duty to support military operations in Iraq or Afghanistan, or participating in or supporting the global war on terrorism. These include Imminent Danger Pay, Family Separation Allowance, Hardship Duty-location Pay, Subsistence, and additional costs related to the stop loss program that was implemented to retain military personnel in critical skill specialties. Also included in the request was funding provided for restoration of prior approval reprogrammings to the baseline military personnel funds, and enhanced death benefits. The Committee believes the Services will require these additional resources to cover their personnel and mobilization costs through the end of fiscal year 2005.
The following table provides details of the recommendations for the military personnel accounts:
OPERATION AND MAINTENANCE
The Committee recommends $37,502,036,000 for operation and maintenance accounts. Funds are provided for personnel support requirements including travel, subsistence, individual and organizational and equipment, reserve component activation costs, and incremental civilian personnel costs. Increases for operating support costs include funds for military operations including spare parts and consumable supplies, transportation, pre-deployment training and training in theater, forward base operating costs, communications, vehicle maintenance, and contracts for linguists, logistics and infrastructure support.
The following table provides details of the recommendations for the operation and maintenance accounts:
MOBILIZATION AND DEMOBILIZATION BASE SUPPORT OPERATIONS
Military installations experience an incremental workload due to an increased military population and an increased density of equipment as units are mobilized and prepared for deployment to theater. Installation costs include local transportation, lodging, dining facilities, utilities and other base installation support costs. Upon demobilization, units pass through a U.S. installation and these installations must cover similar incremental base operations support costs. The Committee recommends $152,000,000 in Operation and Maintenance, Army for incremental mobilization and demobilization base support operations costs.
MEDICAL SUPPORT FOR TACTICAL UNITS
The Committee recommends an increase of $150,000,000 in Operation and Maintenance, Army, to address medical requirements for those tactical units currently deployed to or returning from the Iraq or Afghanistan theaters. The Committee encourages the Department of the Army to focus these funds on the replenishment of medical supply and equipment needs within the combat theaters, to include bandages and other blood-clotting supplies that utilize advanced hemostatic, wound-dressing technologies, and on the provision of medical care for soldiers who have returned home in a medical holdover status.
TRANSPORTATION WORKING CAPITAL FUND TRANSFER TO OPERATION AND MAINTENANCE, AIR FORCE
Section 8123 of Public Law 108-287, the fiscal year 2005 Defense Appropriations Act, reduced funding in the Operation and Maintenance, Air Force account and directed that the same amount be transferred to Operation and Maintenance, Air Force from Transportation Working Capital Fund cash that was anticipated to accumulate in excess of requirements. Due to rate changes and changing business conditions, cash growth has been less than expected in the Transportation Working Capital Fund. To offset the shortfall in cash transferred from the Transportation Working Capital Fund, the Committee recommends an increase of $167,940,000 for Operation and Maintenance, Air Force.
OVERSEAS HUMANITARIAN, DISASTER AND CIVIC AID
The Committee recommends $10,000,000 for Overseas Humanitarian, Disaster and Civic Aid, the amount requested by the President, to restore funding for Combatant Commanders' humanitarian assistance programs in Iraq, Afghanistan, and other areas.
AFGHANISTAN SECURITY FORCES FUND
The Committee recommends $1,285,000,000 to accelerate efforts to provide assistance to Afghan Security Forces to be appropriated in the `Afghanistan Security Forces Fund.' This fund shall be available to provide assistance to the security forces of Afghanistan, including the provision of equipment, supplies, services, training, facility and infrastructure repair, renovation, and construction, and funding that will allow Afghanistan to increasingly assume responsibility for its security. The Committee directs that funds in the `Afghanistan Security Forces Fund' may not be transferred for obligation unless the Secretary of Defense notifies the congressional defense committees in writing the details of transfers not fewer than five days prior to making transfers from the appropriation. The Secretary is also directed to submit a report no later than 30 days after the end of each fiscal quarter summarizing the details of the transfer of funds.
IRAQ SECURITY FORCES FUND
The Committee recommends $5,700,000,000 to accelerate efforts to provide assistance to Iraqi Security Forces to be appropriated in the `Iraq Security Forces Fund.' This fund shall be available to provide assistance to the security forces of Iraq, including the provision of equipment, supplies, services, training, facility and infrastructure repair, renovation and construction, and funding. The Committee directs that funds in the `Iraq Security Forces Fund' may not be transferred for obligation unless the Secretary of Defense notifies the congressional defense committees in writing the details of transfers not fewer than five days prior to making transfers from the appropriation. The Secretary is also directed to submit a report no later than 30 days after the end of each fiscal quarter summarizing the details of the transfer of funds. Additionally, the Committee has included language supporting the President's request for authority and funding to enhance existing training facilities in Jordan using funds provided within the `Iraq Security Forces Fund.'
PROCUREMENT
The Committee recommends a total of $18,232,255,000 for various procurement appropriations. This recommendation provides for the replacement of equipment lost in operations; for equipment needed to maintain and improve the protection of deployed forces; and for equipment needed to outfit units that will support upcoming rotations. In several instances, described elsewhere in this report, the Committee's recommendation provides for accelerating the pace of acquisitions beyond that included in the Supplemental request. This acceleration will enable the services to better meet the needs described above as well as to address the stresses placed on equipment due to the severity of environmental conditions and the pace of operations. In some cases, the Committee recommends funding for programs not otherwise included in the Supplemental request to better meet these requirements.
The following table identifies changes made to the request and other funding provided. Within each appropriation, funding provided for procurement for items not specifically addressed in the tables, including equipment, ammunition or vehicles, is for the purposes stated in the February 2005, Department of Defense Fiscal Year 2005 Supplemental Request for Operation Iraqi Freedom (OIF), Operation Enduring Freedom (OEF), and Operation Unified Assistance.
EQUIPMENT SHORTFALLS
The Committee recognizes that DoD has requirements to equip the ground forces of the Army and Marine Corps beyond the levels provided in the Supplemental request. For example, DoD faces urgent requirements in the areas of force protection, force restructuring and recapitalization (as described elsewhere in this report), as well as the replacement of combat losses. In addition, the Committee is aware that both the Army and the Marine Corps completed equipment stress studies late in 2004. One of the main conclusions of these studies is that much of the equipment supporting Operation Iraqi Freedom and Operation Enduring Freedom is rapidly aging beyond the point of being economically repairable and will have to be replaced. Accordingly, the Committee has provided $2,298,890,000 above the budget request to meet emergent needs stemming from this equipment shortfall. The Committee recommendation provides funding both for programs not otherwise included in the Supplemental request, and to accelerate programs for which funding has been requested. The table below outlines funding increases necessary to meet urgent requirements as described above. Total program funding for each item listed below is described elsewhere in this report.
| [In thousands of dollars] | |
| Program | Recommended Increase |
| Missile Procurement, Army: | |
| ITAS/TOW Mods | $46,500 |
| Procurement of Weapons and Tracked Combat Vehicles, Army: | |
| Bradley Reactive Armor Tiles | 26,000 |
| Stryker | 69,540 |
| Abrams Modification program (TIGER engine upgrade) | 90,000 |
| Small Arms Modifications | 68,000 |
| Procurement of Ammunition, Army: | |
| Ammunition Industrial Base | 57,800 |
| Other Procurement, Army: | |
| Up-Armored HMMWVs (M1114) | 51,300 |
| Other HMMWVs (M1151) | 134,200 |
| FMTV | 401,000 |
| FHTV | 207,100 |
| Add-On Armor Kits | 48,000 |
| SINCGARS Family | 55,500 |
| Improved HF Radios (including PRC-150 and PRC-148) | 28,000 |
| Jammers (Warlock) | 60,000 |
| Night Vision Devices | 94,000 |
| Force XXI Battle Command Brigade and Below (FBCB2) | 146,100 |
| Handheld Stand-off Mine Detection System (HSTAMIDS) | 18,300 |
| CRAM | 75,000 |
| Army Total | 1,676,000 |
| Procurement of Ammunition, Navy and Marine Corps: | |
| Small Arms Ammunition | 8,100 |
| Procurement, Marine Corps: | |
| Light Armored Vehicle (LAV) | 277,500 |
| Night Vision Equipment | 183,850 |
| Radio Systems (including EPLRS, PRC-117 and HF Communications Vehicle) | 103,100 |
| HMMWVs (Including $5,000,000 for survivability upgrades) | 50,000 |
| Marine Corps Total | 622,550 |
| Grand Total | 2,298,890 |
STRYKER
The Committee recommends a total of $114,040,000, an increase of $69,540,000 above the supplemental request for additional Strykers. The Committee notes that Stryker has played an important role and achieved considerable success in support of Operation Iraqi Freedom. While the supplemental request replaces some combat losses, the Committee recognizes that additional vehicles above those included in the request are necessary to replace all known combat losses. Accordingly, additional funding is provided to make 19 Strykers available to replace combat losses above those identified in the supplemental request.
SMALL ARMS PROGRAMS
The Committee recommends a total of $68,000,000 for modifications and spare parts for small arms. Overall, the DoD supplemental request for Army and Marine Corps small arms totals nearly $264,000,000. This amount includes both procurement of weapons as well as modifications and spare parts. The Committee notes that this is a critical operational and force protection issue for U.S. personnel deployed in support of Operation Iraqi Freedom and Operation Enduring Freedom. The Committee is also aware that DoD has found it necessary to reprogram significant amounts in fiscal year 2005 to meet its requirements. Despite reprogramming funds, and requesting additional funds in the Supplemental, the Committee is concerned that DoD has not fully funded its requirements. Accordingly, the Committee has provided additional funding to accelerate small arms modifications and spare parts acquisition. Of the additional amount provided, the Committee recommends that the Army allocate $52,000,000 for modifications and spares for the M4 Carbine, $4,000,000 for the Squad Automatic Weapon, $8,500,000 for Medium Machine Guns and $3,500,000 for the M16 rifle.
AMMUNITION INDUSTRIAL BASE
The Committee recommends a total of $57,800,000 for programs related to the ammunition industrial base. In the fiscal year 2005 Department of Defense Appropriations Act (Public Law 108-287) the Congress provided additional funding to begin improving ammunition production capability necessary to meet the demands of supporting the Global War on Terrorism (GWOT). These improvements are urgently required to meet both operational ammunition demands as well as the need to rebuild DoD war reserves. The Committee notes that DoD must increase small arms ammunition production from the current capacity of 1.2 billion rounds per year up to 1.5 billion rounds to meet these needs. Accordingly, the Committee has provided funding above the supplemental request to continue these efforts. Of the funds made available, the Committee directs that $17,800,000 be made available to continue improvements in small arms ammunition production at the Lake City Army Ammunition Plant, and that $40,000,000 be made available to the Radford Army Ammunition Plant to continue improvements in acid and nitrocellulose production.
TRUCKS
The Committee recommends $735,432,000 for the Family of Medium Tactical Vehicles (FMTV), an increase of $401,000,000 above the supplemental request, and $516,677,000 for the Family of Heavy Tactical Vehicles, an increase of $207,100,000 above the budget request. The Committee believes that DoD must accelerate the production of trucks within these programs to address requirements associated with recapitalization and modularity. Also, as noted elsewhere in this report, the stress on equipment supporting the GWOT averages 5 times greater than for peacetime operations. As a result much of the equipment now supporting GWOT operations is aging beyond the point of economical repair and will have to be replaced. In addition to accelerated production, the Committee is also aware of the need to provide for more effective means of installing communications and electronic equipment such as radios in all types of tactical wheeled vehicles including HMMWVs, FMTVs and FHTVs. Accordingly, the Committee recommends that $30,000,000 of the increase provided for each of these programs be made available for the purpose of installing brackets, wiring harnesses, electrical connections, and other equipment necessary to enable quick installation and release of radios and other electronic equipment. The Committee also recommends that funds from the increase provided for truck programs be used to install oil management systems in vehicles being used in Operation Iraqi Freedom to minimize the deterioration of vehicle lubricants in desert environments.
ADD-ON ARMOR KITS
The Committee recommends a total of $610,900,000 for add-on armor kits, an increase of $48,000,000 above the budget request. The Committee understands that the budget request does not fully fund add-on armor kits required for HMMWVs, medium and heavy trucks, tankers and ambulances. The Committee notes that over the past two years DoD has spent in excess of $4 billion to provide armor protection for all types of tactical wheeled vehicles. Further, the Committee is aware that DoD is approaching its objective of providing armor protection for all vehicles operating outside of unprotected areas. The Committee recommends the increase in funding in order to more quickly reach this objective. In addition, in order to support operational units as they adapt to changing insurgency tactics, the Committee directs that $10,000,000 of the funding provided for add-on armor shall be used to provide raw armor plate, supporting hardware, and cutting equipment as required, to combat and combat service support units operating in Iraq and Afghanistan.'
NIGHT VISION EQUIPMENT
The Committee recommends a total of $837,129,000 for Army and Marine Corps Night Vision Equipment, an increase of $277,850,000 above the supplemental request. Of this amount, the Committee recommends $131,629,000 in Other Procurement, Army, an increase of $94,000,000, and $705,500,000 for Procurement, Marine Corps, an increase of $183,850,000. The Committee is aware that both the Army and Marine Corps require additional night vision equipment to make this capability more widely available to soldiers and Marines, and that additional equipment is required to equip units now preparing for rotations to support Operation Iraqi Freedom and Operation Enduring Freedom. Accordingly, the Committee has provided additional funding to accelerate the acquisition of this equipment. The Committee recommends that additional funding for Night Vision Equipment be allocated for the purchase of night vision goggles, thermal weapon sights, aiming lights, laser designators, sniper night sights, and related equipment.
ELECTRONIC JAMMERS (WARLOCK)
The Committee recommends $60,000,000 for electronic jammers including Warlock systems. Of this amount, the Committee recommends that $10,000,000 be available to rapidly field the Low Cost Jammer. The supplemental request does not provide funding for this program. The Committee notes that the Army has deployed about 25 percent of the electronic jammers required to provide force protection against improvised explosive devices in theater. While additional funding is currently available within the Department of Defense to improve availability of this equipment, the Committee is nevertheless concerned that this funding falls short of requirements. The Committee firmly believes that DoD must aggressively pursue the fielding of current generation jammers in addition to continuing work on next-generation equipment to afford the greatest possible degree of protection for U.S. personnel.
COUNTER ROCKET, ARTILLERY, AND MORTAR (CRAM)
In the Committee's view, the Department of Defense must take more aggressive measures to provide for early detection and warning in the case of insurgent attacks on forward operating bases supporting operations in Iraq. In order to provide better capabilities in this regard, the Committee recommends an increase of $75,000,000 above the supplemental request to provide for improved sensors and warning devices at forward operating bases, and also to provide an initial logistics and maintenance capability to support these systems. In addition, the Committee also encourages the Army to continue its efforts to integrate a weapons platform into the CRAM system.
LIGHT ARMORED VEHICLE (LAV)
The Committee recommends $620,705,000 for the Marine Corps's Light Armored Vehicle, an increase of $277,500,000 above the Supplemental request. This amount provides $173,500,000 for acceleration of the LAV Product Improvement Program (PIP). Within the increased PIP funding, the Committee recommendation includes $15,700,000 to provide for an emergent requirement to install automatic fire suppression equipment in LAVs supporting GWOT operations. In addition, the Committee recommendation includes $104,000,000 to provide 48 additional LAVs to meet requirements associated with the Marine Corps's Force Structure Review.
F/A-18(D) LITENING POD
The Committee has provided $40,000,000 for Aircraft Procurement, Navy for additional LITENING pods for F/A-18(D) aircraft. According to the Navy, these systems have shown significant value in ongoing OIF and OEF operations.
INFRARED COUNTERMEASURES
The Committee has provided $183,600,000 for installation of infrared countermeasures against shoulder launched missiles on C-17, C-130 and C-40 aircraft in theater.
C-130J MULTI-YEAR PROCUREMENT
In recent testimony before the Committee, the Secretary of Defense indicated that a proposal to terminate the current C-130J Joint Service Multiyear Procurement contract for the Air Force and Marine Corps is being reexamined as part of the ongoing Mobility Capability Study (MCS). The Committee believes this is a prudent action, and encourages the Department to resolve this matter as soon as possible so that any decision to transmit a budget amendment to the congressional defense committees may be given due consideration as part of the FY 2006 authorization and appropriations process.
PROCUREMENT, DEFENSE-WIDE
The Committee has provided $477,302,000 in Procurement Defense-Wide for equipment required for operations by Special Operations forces, an increase of $55,000,000 above the budget request.
COMMUNICATIONS EQUIPMENT AND ELECTRONICS
The Committee recommends $83,427,000 for Communications and Electronic Equipment for the Special Operations Command, an increase of $39,500,000 above the budget request. The Committee is aware that three of the programs included in the budget request to enhance Special Operations Force communications capabilities require additional funding to meet the needs of deploying forces. Accordingly, the Committee recommends a total of $25,875,000 for the procurement of Multi-Band, Inter/Intra Team radios, $16,500,000 for SOF Deployable Node-Medium satellite terminals, and $25,000,000 for Multi-Band/Multi Mission radios.
SMALL ARMS AND WEAPONS
The Committee recommends $119,600,000 for Small Arms and Weapons for the Special Operations Command, an increase of $15,500,000 above the budget request. The Committee is aware of shortfalls in protective combat gear, low signature fire control devices, and aerial surveillance systems. Accordingly, the Committee recommends a total of $13,500,000 for SOF Personal Equipment and Advanced Requirements protective combat uniforms, $7,000,000 for Improved Night/Day Observation/Fire Control Devices, and $5,000,000 for Silver Fox Unmanned Aerial Vehicles.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
The Committee recommends a total of $508,321,000 for various research, development, test and evaluation appropriations. The following table identifies changes made to the request and other funding provided. Within each appropriation, funding provided for items not specifically addressed in the tables is for the purposes stated in the February 2005, Department of Defense Fiscal Year 2005 Supplemental Request for Operation Iraqi Freedom (OIF), Operation Enduring Freedom (OEF), and Operation Unified Assistance. The Committee is aware of the need for additional force protection applied research associated with the development of thin film batteries for military weapons power systems, and encourages the Navy to review the requirements for such research as it executes funding provided in this Act.
QUADRENNIAL DEFENSE REVIEW
The Committee notes that the Quadrennial Defense Review will include an assessment of joint air dominance and believes an assessment of joint air to ground capability should also be included. Accordingly, the Committee directs that the Department include in the Quadrennial Defense Review an assessment of joint air to ground capability, the integrated joint capabilities that contribute to it, and the appropriate contributions by all types of strategic and tactical aircraft, bombers, missiles, and unmanned vehicles to joint air to ground capability in future warfare.
DEFENSE WORKING CAPITAL FUNDS
The Committee recommends $1,411,300,000 for the Defense Working Capital Funds. These funds are necessary to cover unforeseen fuel price increases, fuel delivery costs associated with a new mission for the Defense Logistics Agency previously performed by the Army, and an urgent requirement for the Navy Working Capital Fund. The amounts provided are to be allocated as follows:
| [In thousands of dollars] | |
| Recommendation | |
| Defense Logistics Agency (DLA) Fuel Costs | $742,300 |
| Military Sealift Command Fuel Costs | 67,000 |
| DLA Fuel Delivery Costs | 402,000 |
| Navy Working Capital Fund | 200,000 |
NAVY WORKING CAPITAL FUND
The supplemental request included $200,000,000 in Operation and Maintenance, Navy that was intended to be collected from working capital fund customers, via a surcharge, in order to restore Navy Working Capital Fund cash that was transferred from the fund in order to meet urgent fiscal year 2004 requirements. The Committee understands that the Navy has implemented advance billing in its working capital fund in order to restore the minimum level of operating cash. The Committee recommends that rather than implementing a surcharge, the requested funds be appropriated directly to the Navy Working Capital Fund, in order to more quickly address the cash balance problem, and to mitigate the need for advance billing.
NATIONAL DEFENSE SEALIFT FUND
The Committee recommends $32,400,000 for the National Defense Sealift Fund. These funds are needed to address increased maintenance and repair of Ready Reserve Force ships, Roll-On Roll-Off ships, and Fast Sealift Ships used extensively in OIF operations, as well as increased fuel price costs.
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE
The Committee recommends $257,000,000 for Drug Interdiction and Counter-Drug Activities for the Department of Defense, the amount requested by the President to fund training, equipment, intelligence, infrastructure, and information operations related to the campaign against narcotics trafficking and narcotics-related terrorist activities in Afghanistan. The Committee expects the Department to fully restore funding to the National Guard State Plan projects that was used to initiate these activities.
OFFICE OF THE INSPECTOR GENERAL
The Committee recommends an appropriation of $148,000, for operation and maintenance for the Office of the Inspector General, the amount requested by the Administration. The funds are to be used to fund premium pay, travel, and per diem costs for the Inspector General's criminal investigative personnel involved in efforts directly supporting the War on terror in Iraq and Afghanistan.
INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT
The Committee recommendation includes $250,300,000 for the Intelligence Community Management Account, including $181,000,000 to remain available until September 30, 2006. Within this amount is funding for construction of a facility to house the new Office of the Director of National Intelligence. Further descriptions regarding activities funded under this account are included in the classified annex accompanying this bill.
GENERAL PROVISIONS--THIS CHAPTER
Title I of the Committee bill contains 16 general provisions. A description of the recommended general provisions follows.
Section 1101 provides for transfer between appropriations of up to $2,000,000,000 of funds in chapter 1 of title I, and provides that transfer authority in this section is in addition to any other transfer authority available to the Department of Defense, and is subject to the same terms and conditions as provided in section 8005 of the Department of Defense Appropriations Act, 2005.
Section 1102 amends section 8005 of the Department of Defense Appropriations Act, 2005, to increase transfer authority up to $5,500,000,000.
Section 1103 provides that funds in the Defense Cooperation Account may be transferred to other defense accounts.
Section 1104 provides that funds made available in `Drug Interdiction and Counter-Drug Activities, Defense' be available until December 31, 2005 for assistance to the counter-narcotics forces of Afghanistan and Pakistan.
Section 1105 provides the Department of Defense with $8,000,000 in additional authority for extraordinary and emergency expenses in order to support emergent requirements associated with the ongoing war on terrorism.
Section 1106 provides that working capital funds of the Department of Defense may increase the limitation on advance billing up to $1,500,000,000.
Section 1107 amends the National Defense Authorization Act for Fiscal Year 2005 to amend the amount of funds provided for the Commander's Emergency Response Program (CERP).
Section 1108 provides an increase of $25,000,000 pursuant to section 8090(b) in Public Law 108-287.
Section 1109 waives, for calendar year 2005 only, the annual limitation on total compensation for civilian employees while in the U.S. Central Command's area of responsibility in support of military operations.
Section 1110 provides the Director of National Intelligence (DNI) with language requested with respect to filling the additional positions authorized for the Office of the DNI.
Section 1111 extends the authority contained in the 2003 National Defense Authorization Act through December 31, 2005, to support coalition liaison officers.
Section 1112 provides authority to increase the maximum amount of the reserve affiliation bonus.
Section 1113 amends title 38 to increase the Servicemembers Group Life Insurance maximum from $250,000 to $400,000; requires spousal concurrence if the member declines life insurance, elects to be insured at less the maximum, or designates any other person as beneficiary; and amends title 10 to permanently change the military death gratuity from $12,000 to $100,000.
Section 1114 provides death gratuity increases retroactive to October 7, 2001 provided that the military death gratuity payment results from a death incurred in Operation Iraqi Freedom or Operation Enduring Freedom and the Servicemembers Group Life Insurance death gratuity payment results from a death incurred in the performance of duty.
Section 1115 deems funds appropriated or made available by transfer in this chapter for intelligence activities to be authorized by Congress.
Section 1116 prohibits the initiation of new start programs without prior congressional approval.
CHAPTER 2
DEPARTMENT OF DEFENSE
MILITARY QUALITY OF LIFE
The Committee recommends a total of $3,108,156,000 for Military Quality of Life, which is $74,794,000 below the Administration's request. Included in this amount is $1,324,206,000 for military construction, $1,542,100,000 for basic allowance for housing, $66,300,000 for facilities sustainment, restoration and modernization, and $175,550,000 for the Defense Health Program.
Overseas Construction Contingent Upon Submission of Master Plans.--The conference report accompanying the Military Construction Appropriation Act, 2004 directed the Secretary of Defense to submit comprehensive master plans for overseas military infrastructure with the fiscal year 2006 budget submission. The Committee has not received these plans. The Committee believes that it is vital to understand how the construction projects requested in the supplemental are integrated with the Department's long-term strategy for the basing of U.S. forces in the Central Command Area of Responsibility. These plans are an essential part of this evaluation. The Committee regrets that these plans were not provided in a timely fashion that would have allowed for a more thorough consideration of the request. The Committee has therefore included a proviso under each of the Military Construction accounts that prohibits the obligation of funds provided in those accounts for overseas military construction projects until the overseas basing master plans have been submitted to the Committee.
Military Construction in Kuwait.--The Army request includes $36,000,000 to construct a sixty-mile road (Main Supply Route Aspen) in Iraq that will connect at the Iraq-Kuwait border to a road constructed by the Government of Kuwait. The Kuwaiti road was constructed as a direct consequence of Kuwait's request that Coalition forces stop using the commercial highway. It is the Committee's understanding that the Department of Defense was aware of the need for this project three years ago, yet no advance information about this requirement was provided to the Committee. The Committee is also concerned that although this road is used by Coalition Forces, there is no Coalition support for the project. The Committee directs that the Secretary of Defense provide a report to the Committee regarding the status of Coalition support for this project no later than April 8, 2005.
In addition, the Air Force request includes $75,500,000 to construct the first phase of an aerial port of debarkation at Ali Al Salem Air Base in Kuwait. Similar to the Army request for MSR Aspen, this project is a consequence of the Government of Kuwait's request that Coalition forces vacate Kuwait City International Airport. The Committee is concerned that the Department is committing the United States to substantial military construction projects in Kuwait without informing the Committee. The Committee is also concerned by the apparent lack of any formal host nation agreement with Kuwait concerning these projects. The Committee is led to believe that these questions could be answered with submission of the overseas master plans. The Committee directs the Secretary to report to the Committee no later than April 8, 2005 regarding host nation support for this project.
MILITARY CONSTRUCTION, ARMY
The Committee recommends $930,100,000 for Military Construction, Army, which represents a $60,000,000 decrease from the request. The funds are provided as follows:
Overhead Cover System and CMU Barracks.--The request includes several construction projects in Iraq for hardening facilities and protecting troops against indirect fire attacks. This includes $300,000,000 to install overhead cover systems at various locations and $55,200,000 to construct concrete masonry unit (CMU) barracks at unspecified locations. The Committee believes that this force protection vulnerability could have been redressed through the use of authority to carry out military construction projects with operation and maintenance funds. The Committee is disturbed by the fact that the Department of Defense instead chose to wait for this supplemental request to correct the problem. Despite having forestalled this initiative, the Department has provided no details to the Committee on the extent of the vulnerability or the locations in Iraq where the overhead cover systems and barracks are to be provided. The Committee can therefore not be certain whether the request is sufficient to protect troops in Iraq. The Committee directs the Secretary of Defense to submit a detailed breakout of these two requests by location no later than April 8, 2005.
Fuel Tank Farm at Bagram, Afghanistan.--The Army requested $57,000,000 for the construction of a fuel storage tank farm and distribution system at Bagram, Afghanistan. The existing fuel farm is stored in fuel bladders. These bladders need to be replaced about once a year at a cost of $1,500,000 per bladder, which means that the cost of this project is not recovered until 2012. Given the uncertainty regarding the stationing requirements of U.S. forces in Afghanistan, the Committee believes this project is not justified and provides no funds for this request.
Open Bay Mobilization Barracks.--The Army request includes $70,000,000 to construct open bay barracks at Fort Bliss, Fort Riley, and Fort Carson for mobilization and training, primarily for Reserve component personnel. The Committee understands that this request is due to the current surge conditions and that under surge conditions 72 square feet is adequate personnel space vice the standard of 90 square feet in a non-surge environment. The Committee also understands that construction of these types of barracks is only a requirement during higher-than usual operations. The justification accompanying this request does not address the long-term plan for these facilities after surge conditions subside.
The Committee is concerned that these facilities are not being built to a 1 + 1 standard even though they are permanent facilities, and standard barracks would give the Army more flexibility to use these facilities for unaccompanied housing should facility requirements change. The Committee is also concerned with the medical conditions that can arise when housing soldiers in smaller than adequate space. As such, the Committee directs the Secretary of Defense to report back to the Committee no later than April 8, 2005 on the planned long-term use of these barracks, what effects these types of barracks have on a soldier's health, what precautions are being taken to prevent any health-related illnesses, and why a more standard type of barrack wasn't chosen for construction.
MILITARY CONSTRUCTION, NAVY AND MARINE CORPS
The Committee recommends $92,720,000 for Military Construction, Navy and Marine Corps, which represents a $14,660,000 decrease to the request. The funds are provided as follows:
Marine Corps Restructuring.--The Marine Corps request includes $75,000,000 to carry out construction and the associated planning and design related to the Force Structure Review Group (FSRG) initiative, which will provide additional combat forces within the current end-strength of 175,000. While the Committee recognizes that the FSRG was prompted by the demands of the Global War on Terrorism, the Committee is dismayed that the military construction requirements of FSRG were not brought to its attention until the supplemental request was submitted, even though the FSRG was established in April 2004. The Committee is also dismayed that the request does not fully fund the requirement, that important basing decisions have yet to be made, and that none of the projects requested will begin construction in fiscal year 2005. The Committee notes that this request could have been made through the fiscal year 2006 budget request, or through a budget amendment, but the Marine Corps chose to request it through the supplemental instead. Due to the uncertainty regarding the final basing decision for the second of two infantry battalions to be created under the FSRG, the Committee recommends a decrease of $14,660,000 from the request.
The Committee is additionally concerned that the Marine Corps request does not address the family housing needs that may arise because of troop relocations resulting from FSRG. While the Committee is sympathetic to the reason FSRG was undertaken, more information is required to allow for a fuller consideration of the merits of the initiative. The Committee therefore directs the Marine Corps to report to the Committee on family housing requirements that will result from FSRG as well as a detailed plan on how the Corps will fund the full cost of the FSRG. This report is due no later than April 8, 2005.
MILITARY CONSTRUCTION, AIR FORCE
The Committee recommends $301,386,000 for Military Construction, Air Force, which represents a $134,000 decrease to the request. The funds are provided as follows:
NATO Funding in Afghanistan.--The Committee notes that the Air Force requested $1,400,000 to build a coalition forces ramp at Bagram Air Base, Afghanistan. The Committee believes that construction benefiting the mission of the International Security Assistance Force (ISAF) in Afghanistan should be eligible for NATO Security Improvement Program funding. The Committee directs the Secretary of Defense to report to the Committee on NATO funding for military construction in Afghanistan, including efforts to secure such funding. This report shall be submitted no later than April 8, 2005.
MILITARY PERSONNEL, ARMY
The Committee recommends $1,542,100,000 for Military Personnel, Army, which is the same as the budget request. These funds are for basic allowance for housing for Army personnel and activated National Guard and Reserve personnel.
OPERATION AND MAINTENANCE, ARMY
The Committee recommends $66,300,000 for Operation and Maintenance, Army, which is the same as the budget request. These funds are for costs associated with facilities sustainment, restoration and modernization.
DEFENSE HEALTH PROGRAM
The Committee recommends $175,550,000 for the Defense Health Program, which is the same as the budget request.
National Capitol Region Medical Facilities.--The Committee appreciates the work by the Walter Reed Army Medical Center to provide care to our injured men and women in uniform. Unfortunately, the challenge to care for our troops, in some cases, is made more difficult by outdated and worn facilities at in the national capitol region. As such, the Committee directs the Secretary of the Defense to prepare a study on the entire national capitol region that includes options for both revamping facilities at Walter Reed and constructing a new hospital facility within the national capitol region. This study should include detailed plans for the options presented, the costs associated with these plans, and a timetable for implementation. The Secretary shall submit this study to the Committees on Appropriations and Committees on Armed Services of the House of Representatives and Senate no later than September 15, 2005.
TITLE II--INTERNATIONAL PROGRAMS AND ASSISTANCE FOR RECONSTRUCTION AND THE WAR ON TERROR
CHAPTER 1
Within the accounts included in chapter 1, the Administration requested $3.231 billion in emergency supplemental funding. The Committee has provided a total of $2.090 billion of which $1.095 billion is for emergency supplemental funding and $995.3 million is not designated as an emergency and is offset by means of a rescission to previously appropriated funding.
The $2.090 billion provided in chapter 1 as well as the $656 million provided in title IV of this bill (Tsunami Recovery and Reconstruction Fund), a total of $2.746 billion, represents funding for crucial requirements of approximately $1.751 billion needed urgently for emergencies or replenishment of funds expended for emergencies, troop protection, and the war on terrorism and $995 million for programs and projects that enhance United States foreign policy. The $995 million provided for programs and projects that enhance United States foreign policy is offset with a rescission of $995 million in funds provided in fiscal year 2003 (Public Law 108-11) for assistance for Turkey. The Committee recognizes that the funds for Turkey have been obligated to hedge against expiration of availability, however, to date no significant funds have been expended and it does not appear that the Treasury Department and the Turkish government have an agreement on the expenditure of these funds. Therefore, the Committee directs that these funds be de-obligated and used instead to meet current foreign policy requirements in support of democracy and the global war on terrorism.
BILATERAL ECONOMIC ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
INTERNATIONAL DISASTER AND FAMINE ASSISTANCE
The Committee includes $44,000,000 for the Darfur region of Sudan under `International Disaster and Famine Assistance', the same as the President's request. The Committee has not included language requested by the President that would allow funds made available under this heading to reimburse accounts previously expended for assistance to Darfur. The Committee expects this funding to be in addition to the $148,000,000 specifically appropriated for Darfur for fiscal years 2004 and 2005 under this heading in prior Acts.
OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
The Committee recommends $24,400,000 for USAID operating expenses to cover the extraordinary costs of administering an assistance program in Iraq.
OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
OFFICE OF INSPECTOR GENERAL
The Committee recommends $2,500,000 for operating expenses of the USAID Inspector General to audit the expenditures of funds used for relief and reconstruction in Iraq.
OTHER BILATERAL ECONOMIC ASSISTANCE
ECONOMIC SUPPORT FUND
The Committee appropriates $1,061,200,000 for the Economic Support Fund and allocates the following amounts for each country: $739,200,000 for Afghanistan, $100,000,000 for Jordan, $200,000,000 for Gaza/West Bank, and $22,000,000 for Sudan.
Funds in this account for assistance for Afghanistan include $138,500,000 for replenishment of fiscal years 2004 and 2005 Development Assistance, Economic Support Fund, and Afghanistan Freedom Support Act funds that were to be reprogrammed according to the terms of the January 27, 2005 congressional notification from the Department of State. If the reprogramming is not executed prior to the enactment of this Act, the Committee expects the Department of State to use these funds for the same purposes outlined in the January 27, 2005 congressional notification unless otherwise consulted and notified.
The Committee does not recommend funding for a number of programs that cannot be justified for emergency supplemental funding or offset with prior year's funding. The President's request for these programs under this heading in the supplemental request totals $570,100,000. Funding is not included for fiscal year 2006 operating costs for new and ongoing programs as well as large new construction projects or less urgent needs in the President's request. These programs include the refurbishment of the Kabul Airport, venture capital funding, industrial park funding, higher education including costs of a new law school in Kabul, and various long term construction projects including a hydropower and a gas-fired power plant, industrial parks, courthouses, and an IDP community housing project. The Committee expects to consider funding for some of these programs during the regular fiscal year 2006 appropriations process, or the Committee expects other countries and the Asian Development Bank and the World Bank to be appropriate donors.
Funds in this account for assistance to the West Bank and Gaza territories are bound by existing laws and authorities and shall not be used as direct, cash, assistance to the Palestinian Authority. The $200,000,000 provided in this account, shall only be allocated as requested and detailed in the following table:
| Committee Recommendation | |
| Economic Revitalization: | |
| Palestinian agriculture and agribusiness production and marketing | $15,000,000 |
| Trade promotion and capacity building | 24,000,000 |
| Home construction financing | 1,000,000 |
| Job creation, with an emphasis on construction of schools and community centers | 20,000,000 |
| Improved flow of people and goods into Israel | 50,000,000 |
| Subtotal, Economic Revitalization | 110,000,000 |
| Infrastructure Development: | |
| Roads and water | 50,000,000 |
| Democratic reform and the rule of law | 16,000,000 |
| Community Policing | 3,000,000 |
| Education, including vocational training | 8,000,000 |
| Health care and food assistance | 13,000,000 |
| Subtotal, Infrastructure Development | 90,000,000 |
| Total | 200,000,000 |
Any changes to the amounts or projects listed above requires consultation with the Committee prior to execution of these changes. For additional detail on the Committee's recommendation, see discussion of section 2106 addressed elsewhere in this report.
The Committee recommends $22,000,000 for southern Sudan under `Economic Support Fund', the same as the President's request. The Committee intends for this funding to be used to support the implementation of the Comprehensive Peace Agreement, including training and political party support for the National Democratic Alliance and the Sudanese People's Liberation Movement.
ASSISTANCE FOR THE INDEPENDENT STATES OF THE FORMER SOVIET UNION
The Committee includes $33,700,000 for Ukraine under `Assistance for the Independent States of the Former Soviet Union' instead of $60,000,000 as requested by the President. The Committee lauds the democratic initiative of the Ukrainian people and intends this funding to be used for projects that will quickly show support for the Yushenko government, as well as for costs associated with supporting the upcoming Parliamentary elections.
DEPARTMENT OF STATE
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
The Committee recommends $594,000,000 for police and counternarcotics programs in Afghanistan. Funds provided under this heading include $95,000,000 for replenishment of fiscal year 2005 funds for Afghanistan, Pakistan, and aviation support that were to be reprogrammed according to the terms of the January 27, 2005 congressional notification from the Department of State. If the reprogramming is not executed prior to the enactment of this Act, the Committee expects the Department of State to use these funds for the same purposes outlined in the January 27, 2005 congressional notification unless otherwise consulted and notified.
The Committee does not agree to provide $46,000,000 for aerial eradication as requested or $20,000,000 of the $30,000,000 for Pakistan that was requested. The Committee expects to consider some of this funding during the regular fiscal year 2006 appropriations process.
The Committee recommends $400,000,000, the same as the request, to provide assistance to Afghan police so that they can increasingly assume responsibility for their nation's security. Assistance provided can include training, equipping, and deploying Afghan police and assisting Afghanistan in the building of infrastructure and capabilities so that the Afghan government can begin to train, equip, and operate its own police.
MIGRATION AND REFUGEE ASSISTANCE
The Committee appropriates $53,400,000 under `Migration and Refugee Assistance', the same as the President's request. The Committee expects $48,400,000 of this funding to be used to meet the needs of Sudanese refugees in Chad and internally displaced persons in the Darfur region of Sudan, and $5,000,000 to facilitate the return and resettlement of refugees in southern Sudan.
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS
The Committee recommends $17,100,000 to support anti-terrorism training and protection programs in Afghanistan as requested. The Committee expects to consider funding for the request of $15,000,000 to support a classified Nonproliferation and Disarmament Fund activity during the regular fiscal year 2006 appropriations process.
MILITARY ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
FOREIGN MILITARY FINANCING PROGRAM
The Committee recommends $250,000,000 for the FMF program. Of this amount, $150,000,000 is for Pakistan to provide improved capabilities for border security in the fight against terrorism and to increase interoperability with the United States and coalition forces. For Jordan, $100,000,000 is recommended in order to support the continuation of programs that address border security challenges.
PEACEKEEPING OPERATIONS
The Committee recognizes that a lasting peace in southern Sudan will depend on a professional, civilian-led military and includes $10,000,000 under `Peacekeeping Operations', the same as the President's request, to support peace-consolidation activities in southern Sudan's security sector.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 2101. As requested, this provision would amend Section 307(a) of the Foreign Assistance Act of 1961 by striking `Iraq' from the list of countries for which the United States would otherwise be required to withhold voluntary contributions.
(RESCISSION)
Sec. 2102. This provision rescinds funds provided in Public Law 108-11. The funds appropriated in the 2003 emergency supplemental appropriations act (Public Law 108-11) under the heading `Economic Support Fund' in the amount of $1,000,000,000 for the purpose of providing loan guarantees for the Republic of Turkey for loans up to $8,500,000,000 would expire on September 30 of this year. These funds were intended to support the stablility of the Turkish economy during a volatile period caused by global economic downturn and the War in Iraq. The economy of the Republic of Turkey has performed remarkably and with the decision by the European Union to hold accession talks for Turkey and with greater global stability, the outlook for the economy looks favorable and the potential need for these funds has passed. The Republic of Turkey has not required the loans, for which these funds were intended to provide guarantee. Furthermore, greater global needs have emerged with the natural disasters in South Asia and the need to ensure progress in stabilizing Afghanistan and the Middle East. Therefore, the Committee recommends that the $1,000,000,000 be rescinded without prejudice in order to provide for more urgent needs elsewhere.
Sec. 2103. This provision requires the Comptroller General to audit the expenditure and execution of U.S. assistance for the West Bank and Gaza.
Sec. 2104. This provision requires the Secretary of State to present a plan within 30 days of enactment on the proposed use of all funds appropriated under Chapter 1 on a project-by-project basis for the following six months. The provision would allow for up to 10 percent of the funds to be obligated prior to submission of the plan.
Sec. 2105. This provision requires the Comptroller General to audit the expenditure and execution of U.S. counternarcotics and alternative livelihoods assistance for Afghanistan.
Sec. 2106. This provision mandates a report detailing specific steps for reform taken by the Palestinian Authority; sets aside up to $5,000,000 for an outside, independent audit by an internationally recognized accounting firm of Palestinian Authority expenditures; and specifies that the waiver authority provided in section 550(b) of the fiscal year 2005 Act making appropriations for foreign operations, export financing and related programs, may not be used to make appropriations from this supplemental available for funding to the Palestinian Authority. Section 550(a) of the fiscal year 2005 Act prohibits direct funding to the Palestinian Authority; Section 550(b) permits a waiver of that prohibition if the President determines such a waiver to be in the interests of national security. It is the intent of Congress that this restriction of waiver authority contained in this bill would only apply to the funds added by this supplemental not to funding appropriated by public law 108-447, or any other law. This section also prohibits the national security waiver issued by this President on December 8, 2004 and authorizing direct assistance to the Palestinian Authority from applying to funds added by this emergency supplemental.
CHAPTER 2
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
ADMINISTRATION OF FOREIGN AFFAIRS
DIPLOMATIC AND CONSULAR PROGRAMS
The recommendation includes $748,500,000 for `Diplomatic and Consular Programs'. The recommendation provides for costs of the U.S. mission in Iraq, including $30,000,000 for operations, $479,500,000 for security, $20,500,000 for technology, and $160,000,000 for logistical support. In addition, the recommendation includes $55,500,000 for operations and security requirements of the U.S. Mission in Kabul, Afghanistan as a result of the withdrawal of U.S. military forces. The recommendation does not include requested funds for costs associated with Federal employees detailed for reconstruction efforts and ministry expertise in Afghanistan. The recommendation assumes these requirements will be met by contributing Federal agencies. Finally, the recommendation includes $3,000,000 for costs of the Office of the Coordinator for Reconstruction and Stabilization related to post-conflict reconstruction and stabilization efforts. The recommendation does not include requested funds for additional personnel costs related to the response effort.
EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE
The recommendation includes $592,000,000 for the construction of a new secure embassy compound in Baghdad, Iraq, including office, housing, and support facilities, infrastructure, project supervision, and construction security. The recommendation is $66,000,000 below the request, and assumes a proportional reduction in overall projected mission staffing levels. The Committee understands that the recommended funding level is sufficient to ensure completion of a secure compound within 24 months of the project start date.
INTERNATIONAL ORGANIZATIONS
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES
(INCLUDING TRANSFER OF FUNDS)
The recommendation includes $580,000,000 for United States assessed contributions for international peacekeeping missions. The recommendation includes funding to pay anticipated assessments related to the creation of a peacekeeping mission in Sudan. The recommendation includes language allowing up to $55,000,000 to be made available to support an assessed or voluntary United States contribution to a Sudan war crimes tribunal.
RELATED AGENCY
BROADCASTING BOARD OF GOVERNORS
INTERNATIONAL BROADCASTING OPERATIONS
The recommendation includes $4,800,000, as requested, to expand United States broadcasting programs in local languages to Pakistan, Iran, Indonesia, and Muslim populations in Europe.
CHAPTER 3
DEPARTMENT OF AGRICULTURE
FOREIGN AGRICULTURAL SERVICE
PUBLIC LAW 480 TITLE II GRANTS
The Committee recommends an additional $150,000,000 to reimburse the `Public Law 480 Title II Grants' account for funds used to address emergency food needs for the growing population of individuals in need of humanitarian assistance in the Darfur region of Sudan and would allow additional contributions to this and other critical food situations.
TITLE III--DOMESTIC APPROPRIATIONS FOR THE WAR ON TERROR
CHAPTER 1
DEPARTMENT OF ENERGY
NATIONAL NUCLEAR SECURITY ADMINISTRATION
DEFENSE NUCLEAR NONPROLIFERATION
The bill provides $55 million for deployment of radiation detection equipment and the training of law enforcement officials in four overseas ports to provide them with the technical means to detect, deter, and interdict illicit trafficking in nuclear and other radioactive materials through the Megaports program. The bill also provides $55 million to address urgent priorities outside of the former Soviet Union to secure nuclear materials from diversion or theft by terrorists or states of concern.
CHAPTER 2
DEPARTMENT OF HOMELAND SECURITY
UNITED STATES COAST GUARD
OPERATING EXPENSES
The Committee recommends an additional $111,950,000 for U.S. Coast Guard operations in support of Operation Iraqi Freedom and Operation Enduring Freedom. This funding will allow Coast Guard forces currently stationed in the Persian Gulf to continue to provide port security and law enforcement capabilities as requested by the Department of Defense Combatant Commander. In addition, a portion of this funding will support the Coast Guard's strategic CONUS waterside security teams, which ensure the safety of military assets during maritime outload and return. The entire amount is designated as an emergency requirement.
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS
The Committee recommends an additional $49,200,000 to fund either procurement of new U.S. Coast Guard 110-foot patrol boats or major refits, renovation, and subsystem replacement for these boats. Currently, the Coast Guard has six 110-foot patrol boats deployed in support of Operation Iraqi Freedom that are operating at a much higher tempo than planned for domestically. Therefore, extensive system overhauls, or perhaps complete replacement, will be necessary. The entire amount is designated as an emergency requirement.
Prior to the obligation of funds, the Coast Guard is directed to provide to the Committee an analysis of the costs and benefits of procuring new 110-foot or 123-foot patrol boats versus renovating the existing 110-foot boats. This analysis should include the expected available patrol boat mission hours over the next 10 years with the existing fleet versus the yearly mission hours conducted since 9/11 and the 10 year projected mission hour needs. The analysis should lay out how Coast Guard intends to meet the mission needs of the patrol boat.
CHAPTER 3
DEPARTMENT OF JUSTICE
FEDERAL BUREAU OF INVESTIGATION
SALARIES AND EXPENSES
The recommendation includes $78,970,000 for the Federal Bureau of Investigation (FBI), which is $1,030,000 below the request. The recommendation includes $40,000,000, as requested, for support of FBI personnel deployed in Iraq. The recommendation includes $38,970,000 for the Terrorist Screening Center (TSC), which is $1,030,000 below the request.
The funding provided for TSC will provide for the expansion of operations to support new requirements, including the implementation of the Secure Flight program. The Committee understands that TSC will increase its capability to process up to 3 million additional terrorist watchlist queries per day, and the resulting increase in potential terrorist encounters requiring verification and follow-up with appropriate law enforcement and intelligence officials.
In addition to the $38,970,000 provided for TSC in this bill, the fiscal year 2006 budget proposes an additional $75,000,000 program enhancement. The Committee is concerned by the significant growth in funding requirements proposed for this program. The Committee understands that the Department of Justice Office of the Inspector General (OIG) is currently performing a program review of TSC. The Committee directs the OIG to also evaluate TSC's plan to support the Secure Flight program and report to the Committee no later than August 1, 2005 on its findings. The Committee directs the FBI to work closely with the OIG on this review to ensure the success of the program.
The recommendation does not include funds requested for increased TSC postage costs and for travel costs associated with temporary duty staff. Given the important mission of TSC, the Committee believes that the FBI can avoid these costs in part by assigning permanent positions to staff TSC and limiting its reliance on one to three month personnel rotations to meet immediate staffing needs.
DRUG ENFORCEMENT ADMINISTRATION
SALARIES AND EXPENSES
The recommendation includes $7,648,000, as requested, to support the Drug Enforcement Administration's counternarcotics efforts to reduce poppy and heroin production in Afghanistan.
TITLE IV--INDIAN OCEAN TSUNAMI RELIEF
CHAPTER 1
FUNDS APPROPRIATED TO THE PRESIDENT
OTHER BILATERAL ASSISTANCE
TSUNAMI RECOVERY AND RECONSTRUCTION FUND
The Tsunami Recovery and Reconstruction Fund would provide $656,000,000 to fund relief and long term recovery and reconstruction programs in countries affected by the December 26, 2004 earthquake and tsunami. Funding is not included for the budget costs of modifying any amounts owed by governments of the affected countries to agencies of the United States.
The Committee recommends education as an important priority for supplemental spending, with funds allocated to school building repair and construction, educational materials, teacher training and vocational training. The Committee also recommends extra efforts to support initiatives for the protection of women and children from violence, trafficking and exploitation. Finally, in addition to other efforts to promote economic opportunities, the Committee recommends $10,000,000 be used for small grants to support training and equipment for women-led local non-governmental organizations in tsunami-affected areas.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 4101. As requested, this provision would specify that funds made available, with disaster assistance authorities, in foreign assistance accounts other than the International Disaster and Famine Assistance account to address relief and rehabilitation needs in countries affected by the Indian Ocean earthquake and tsunami under the `borrowing authority' provision in section 492(b) of the Foreign Assistance Act, do not count against the $50,000,000 annual limitation on the use of this authority.
Sec. 4102. This provision requires the Secretary of State to present a plan within 30 days of enactment on the proposed use of all funds appropriated under this Chapter on a project-by-project basis. The provision would allow for up to 10 percent of the funds to be obligated prior to submission of the plan.
To provide a complete picture of resources being provided to tsunami-affected countries, this report should also include an estimate of private contributions pledged to or received by non-governmental organizations (including religious organizations). The report should include an analysis of the mechanisms established for transparency and accountability in the grant-making process. It should also include an estimate of contributions by all bilateral and multilateral official donors, including an assessment of how much will be disbursed within 2005.
The Committee requests the Government Accountability Office review United States assistance to the countries affected by the December 2004 earthquake and tsunami.
CHAPTER 2
DEPARTMENT OF DEFENSE--MILITARY
SUBMISSION OF BUDGET AMENDMENT
On February 14, 2005, the President submitted a request for fiscal year 2005 supplemental appropriations $222,050,000 to reimburse the military services and the Overseas Humanitarian, Disaster, and Civic Aid account for emergency relief, rehabilitation, and reconstruction aid provided by the military services following the December 2004 Tsunami in the Indian Ocean.
COMMITTEE RECOMMENDATIONS
The Committee recommends the total funding requested by the President in the accounts and amounts as requested:
| Operation and Maintenance, Navy | $124,100,000 |
| Operation and Maintenance, Marine Corps | 2,800,000 |
| Operation and Maintenance, Air Force | 30,000,000 |
| Operation and Maintenance, Defense-Wide | 29,150,000 |
| Overseas Humanitarian, Disaster, and Civic Aid | 36,000,000 |
The funds are provided in the amounts requested in order to reimburse the military services operating accounts for expenses incurred in providing emergency relief to the victims of the Indian Ocean Tsunami in December of 2004. The fast response by the U.S. Military demonstrated flexibility, creativity and human compassion in the face of unimaginable destruction and human suffering. The Committee commends the men and women of the Armed Forces for their hard work and dedication in protecting human life and relieving the suffering of countless thousands of tsunami victims.
CHAPTER 3
DEPARTMENT OF DEFENSE
MILITARY QUALITY OF LIFE
DEFENSE HEALTH PROGRAM
The Committee recommends $3,600,000 for the Defense Health Program, which is the same as the budget request.
CHAPTER 4
DEPARTMENT OF HOMELAND SECURITY
UNITED STATES COAST GUARD
OPERATING EXPENSES
The Committee recommends an additional $350,000 to fund the incremental cost of the U.S. Coast Guard's air operations in support of tsunami relief efforts in Southeast Asia, as requested by the Department of Defense. The entire amount is designated as an emergency requirement.
CHAPTER 5
DEPARTMENT OF THE INTERIOR
UNITED STATES GEOLOGICAL SURVEY
SURVEYS, INVESTIGATIONS, AND RESEARCH
The Committee recommends $8,100,000, as requested, to provide increased earthquake and tsunami detection in the United States and its territories through expansion of the Global Seismographic Network and the National Earthquake Information Center.
CHAPTER 6
DEPARTMENT OF COMMERCE
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
OPERATIONS, RESEARCH, AND FACILITIES
The recommendation includes $4,830,000 for costs associated with improving tsunami protection and preparedness in the United States, in the Pacific Basin as well as the Caribbean/Atlantic/Gulf of Mexico. The recommended funding level will support upgrade and expansion of NOAA's network of sea level monitoring and tidal gages; the expansion and acceleration of inundation mapping and modeling; round-the-clock operations at NOAA's existing tsunami warning centers; development efforts to improve the performance of Deep-ocean Assessment and Reporting of Tsunamis (DART) buoys; and increased community outreach and preparedness certification efforts. NOAA shall report to the Committee by May 15, 2005, on an implementation plan and timetable to identify and achieve preparedness certification for the most vulnerable United States coastal communities.
The Committee is aware that Washington and Oregon coastal communities located near the Cascadia subduction zone are among the most at-risk of a tsunami event in the United States, based on geological analysis and historical activity. The risk is especially high for Native American communities that live on or very near the shoreline. The Committee expects the implementation plan to address requirements of such communities. The recommendation under the Procurement, Acquisition and Construction account includes funding for deploying additional DART buoys. The Committee is aware of the challenges involved in operating and maintaining DART buoys and notes that additional operations and maintenance costs in fiscal year 2005 will be covered from within previously appropriated funds.
PROCUREMENT, ACQUISITION AND CONSTRUCTION
The recommendation includes $9,670,000 for costs associated with improving tsunami protection and preparedness in the United States, in the Pacific Basin as well as the Caribbean/Atlantic/Gulf of Mexico. The recommended funding level will support the improvement of seismic measurements, and the acquisition and deployment of an estimated 35 additional DART buoys, 28 for the Pacific Basin and 7 for the Caribbean/Atlantic/Gulf of Mexico.
TITLE V--GENERAL PROVISIONS AND TECHNICAL CORRECTIONS
Sec. 5001. The Committee recommends language limiting the availability of funds provided in this Act to this fiscal year unless expressly provided otherwise.
(TRANSFER OF FUNDS)
Sec. 5002. The Committee has included a general provision for Department of Defense--Military, which makes certain technical adjustments and directs the transfer of funds for the purpose of ensuring proper budget execution for critical force protection items previously funded. Specifically, $500,000 is transferred from `Other Procurement, Air Force', to `Research, Development, Test and Evaluation, Air Force', for the Digital Network Centric Remotely Operated Weapons System. In addition, $8,200,000 is transferred to `Other Procurement, Air Force', Line 56, only for the Mobile Common Data Link Gateway. These funds will be used to support ongoing production of communications gear to be integrated into systems deployed to Iraq. Funding for this program is transferred from `Other Procurement, Navy', Line 107, $4,200,000, All-in-One Wireless Access Points, and `Other Procurement, Navy', Line 18, $4,000,000, Wireless Network Capable Application Processors.
Sec. 5003. The Committee recommends language waiving certain authorization requirements.
Sec. 5004. The Committee recommends a provision that corrects a citation to a public law.
Sec . 5005. The Committee recommends a technical correction relating to credits and reimbursements and per state limitations on environmental infrastructure programs.
Sec. 5006. The Committee recommends a technical correction relating to the deposition of a previous appropriation in the San Gabriel Basin Restoration Fund.
Sec. 5007. The Committee recommends a correction relating to the derivation of funds appropriated for Nuclear Waste Disposal from the Nuclear Waste Fund, and to oversight activities by affected units of local government.
Sec. 5008. The Committee recommends a technical correction to a provision in the Department of the Interior and Related Agencies Appropriations Act, 2005, regarding a Bureau of Land Management land transfer to the Secretary of Veterans Affairs in Clark County, Nevada.
Sec. 5009. The Committee recommends language making technical corrections to projects funded through the fund for the improvement of education program.
Sec. 5010. The Committee recommends language making technical corrections to projects funded through the fund for the improvement of postsecondary education program.
Sec. 5011. The Committee recommends a technical correction to bill language for the Corporation for National and Community Service to allow the Corporation to use up to one percent of grant funds to defray the cost of conducting grant reviews for Learn and Serve America and Next Generation grants.
Sec. 5012. The Committee recommends language to continue the prohibition on funding of emergency preparedness centers from the Department of Veterans Affairs medical services account since this activity is duplicative of programs supported by the Department of Health and Human Services. Public Law 108-422 changed the definition of the emergency preparedness centers so that the appropriations provision in Public Law 108-447, did not prohibit funding for them. This technical correction is to clarify that VA medical services funds are not diverted to activities supported by HHS.
Sec. 5013. The Committee recommends language which would allow the Secretary of Veterans Affairs to deposit proceeds and revenues received through enhanced-use lease activities (including disposal) in the major and minor construction accounts. These funds can be used for site acquisition, construction and alterations for any medical facility under the jurisdiction or use of the Department of Veterans Affairs.
Sec. 5014. The Committee recommends language making a technical correction making certain funds for the Department of Veterans Affairs available without fiscal limitation.
Sec. 5015. The Committee recommends a technical correction to bill language related to a grant recipient.
Sec. 5016. The Committee recommends a technical correction modifying the purpose of a grant.
Sec. 5017. The Committee recommends a technical correction modifying the purpose of a grant.
Sec. 5018. The Committee recommends language allowing the Department of Justice to transfer funds, if necessary, to address a shortfall in the Detention Trustee account. Any transfer remains subject to reprogramming notification requirements in the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2005.
Sec. 5019. The Committee recommends language making technical corrections to certain economic development initiatives funded in Public Law 108-7.
Sec. 5020. The Committee recommends language making technical corrections to certain economic development initiatives funded in Public Law 108-199.
Sec. 5021. The Committee recommends language making technical corrections to certain economic development initiatives funded in Public Law 108-447.
Sec. 5022. The Committee recommends language making a technical correction to certain Judiciary fees.
Sec. 5023. The Committee recommends language making a technical correction to consideration of an urbanized area in Norman, Oklahoma.
Sec. 5024. The Committee recommends language making technical corrections and amendments to the use of District of Columbia local funds.
TITLE VI
HUMANITARIAN ASSISTANCE CODE OF CONDUCT
Language is included limiting the obligation of humanitarian assistance to those organizations which have adopted a code of conduct that provides for the protection of beneficiaries of such assistance from sexual exploitation or abuse in humanitarian relief operations.
EMERGENCY DESIGNATIONS
For the purposes of Section 402 of S. Con. Res. 95 (108th Congress), funds in this bill that are designated as emergency requirements are provided in response to a situation which poses a direct threat to life and property, is sudden, is an urgent and compelling need, is unpredictable, and is not permanent in nature. Using the criteria outlined in Section 402 as well as an analysis of truly critical needs, the Committee excluded or offset about $3.3 billion items requested by the President that were not urgent or essential. The remaining funds are for requirements that are justified as emergency in nature.
CHANGES IN THE APPLICATION OF EXISTING LAW
Pursuant to clause 3(f)(1) of rule XIII of the Rules of the House of Representatives, the following statements are submitted describing the effect of provisions in the accompanying bill that directly or indirectly change the application of existing law.
The bill includes several appropriations that are not authorized by law and as such may be construed as legislative in nature.
The bill includes several emergency appropriation designations that may be construed as legislative in nature.
Language is included that restricts the availability of the funds to the current fiscal year unless otherwise provided.
Language has been included for Department of Defense--Military in chapter 1, `Operation and Maintenance, Defense-Wide' which provides $25,000,000 for the Combatant Commander Initiative Fund; and up to $1,220,000,000 for reimbursements to other nations for logistical, military and other support provided for operations in Iraq.
Language has been included for Department of Defense--Military, in chapter 1, which creates a new appropriations paragraph `Afghanistan Security Forces Fund' which provides $1,285,000,000 to the Combined Forces Command--Afghanistan to provide assistance to the Afghan Security Forces.
Language has been included for Department of Defense--Military, in chapter 1, which creates a new appropriations paragraph `Iraq Security Forces Fund' which provides $5,700,000,000 to the Multi-National Security Transition Command--Iraq to provide assistance to Iraqi Security Forces.
Language has been included for Department of Defense--Military, in chapter 1, in `Drug Interdiction and Counter-Drug Activities, Defense' which provides an additional $257,000,000 for counter-drug activities and narcotics-related terrorist activities in Afghanistan and the Central Asia area.
Language has been included for Department of Defense--Military which provides $2,000,000,000 of additional transfer authority for funds made available in this chapter.
Language has been included for Department of Defense--Military which amends Section 8005 of the Department of Defense Appropriations Act, 2005 to provide the Department an additional $2,000,000,000 of general transfer authority.
Language has been included for Department of Defense--Military which provides that funds in the Defense Cooperation Account may be obligated or expended only to the extent and in the manner provided in subsequent appropriations Acts.
Language has been included for Department of Defense--Military which provides that funds made available in `Drug Interdiction and Counter-Drug Activities, Defense' be available for assistance to the counter-narcotics forces of Afghanistan and Pakistan.
Language has been included for Department of Defense--Military which provides the Department with additional authority for extraordinary and emergency expenses in order to support emergent requirements associated with the ongoing war on terrorism.
Language has been included for Department of Defense--Military which provides that working capital funds of the Department may increase the limitation on advance billing.
Language has been included for Department of Defense--Military which amends the amount of funds provided for the Commander's Emergency Response Program (CERP).
Language has been included for Department of Defense--Military concerning funds for intelligence related activities.
Language has been included for Department of Defense--Military which waives the annual limitation on total compensation for civilian employees while in the U.S. Central Command's area of responsibility in support of military operations.
Language has been included for Department of Defense--Military which provides the Director of National Intelligence (DNI) additional flexibility with respect to filling the additional positions authorized for the Office of the DNI.
Language has been included for Department of Defense--Military which extends the authority contained in the 2003 National Defense Authorization Act through December 31, 2005, to support coalition liaison officers.
Language has been included for Department of Defense--Military which increases the maximum amount of the reserve affiliation bonus.
Language has been included for Department of Defense--Military which increases the Service Members Group Life Insurance (SGLI) coverage to a maximum of $400,000 and increases the death gratuity from $12,000 to $100,000.
Language has been included for Department of Defense--Military which provides death gratuity increases, retroactive to October 7, 2001, for the increased Service Members Group Life Insurance coverage and increased death gratuity payment.
Language has been included in Department of Defense--Military which deems funds appropriated or made available by transfer in this chapter for intelligence activities to be authorized by Congress.
Language has been included for Department of Defense--Military which prohibits the initiation of new start programs without prior congressional approval.
Language has been included under Department of Defense, Military Construction programs, which places a limitation on the use of funds.
Language has been included under Department of Defense, Military Construction programs which allows the expenditure of funds for projects not otherwise authorized.
Language has been included in title II under the International Disaster and Famine Assistance, Economic Support Fund, Assistance for the Independent States of the Former Soviet Union, and International Narcotics Control and Law Enforcement accounts allocating funds for certain purposes.
Language has been included in title II which amends section 307(a) of the Foreign Assistance Act of 1961 to allow Iraq to receive assistance from international organizations to which the US makes voluntary contributions.
Language is included in title II which requires an audit of the expenditures and execution of U.S. assistance for the West Bank and Gaza.
Language is included in title II which requires certain notification reporting requirements for the proposed obligation and expenditure of certain funds.
Language is included in title II which requires an audit of the expenditures and execution of U.S. counternarcotics and alternative livelihoods assistance for Afghanistan.
Language is included in title II which modifies the application of section 550(b) in Public Law 108-447 to certain funds provided in this bill.
Language is included in title II, allowing the transfer of funds between specific accounts for a Sudan war crimes tribunal.
Language is included in title IV under the Tsunami Recovery and Reconstruction Fund account which provides certain transfer authorities and allows the use of funds for certain purposes.
Language is included in title IV making amounts made available for tsunami and earthquake relief and rehabilitation pursuant to section 492(b) of the Foreign Assistance Act of 1961 prior to enactment of this Act to be in addition to amounts that may be obligated in fiscal year 2005 under that section.
Language is included in title IV which requires certain notification and reporting requirements for the proposed obligation and expenditure of certain funds.
Language is included under the National Oceanic and Atmospheric Administration accounts specifying the purpose of such funds.
Language is included under title V in Department of Defense--Military which makes certain technical adjustments and directs the transfer of funds that are unexecutable as previously appropriated.
Language is included under title V waiving prior authorization requirements for the expenditure of funds by the Department of State or the Broadcasting Board of Governors.
Language is included under title V making various technical changes to Public Law 108-447.
Language is included under title V making various technical changes to Public Law 108-199.
Language is included under title V allowing the Department of Justice to transfer funds from any Department of Justice account to the `Detention Trustee' subject to existing notification requirements.
Language is included under title V making technical changes to certain economic development initiatives included in Public Law 108-7.
Language is included under title V making technical changes to certain economic development initiatives included in Public Law 108-199.
Language is included under title V making technical changes to certain economic development initiatives included in Public Law 108-447.
Language is included under title V making technical changes to the availability of receipts under 28 U.S.C. 1931.
Language is included under title V making a technical change to section 198 of division H of Public Law 108-447.
Language is included making technical corrections and changes to the use of District of Columbia local funds.
Language is included as title VI prohibiting the use of certain funds to organizations which have failed to adopt a humanitarian assistance code of conduct.
APPROPRIATIONS NOT AUTHORIZED BY LAW
Pursuant to clause 3(f)(1) of rule XIII of the Rules of the House of Representatives, the following table lists the appropriations in the accompanying bill which are not authorized by law:
TRANSFER OF FUNDS
Pursuant to clause 3(f)(2) of rule XIII of the Rules of the House of Representatives, the following is submitted describing the transfer of funds provided in the accompanying bill.
Language has been included in Department of Defense--Military, in chapter 1, `Afghanistan Security Forces Fund' which provides for the transfer of funds to other appropriations accounts of the Department of Defense.
Language has been included in Department of Defense--Military, in chapter 1, `Iraq Security Forces Fund' which provides for the transfer of funds to other appropriations accounts of the Department of Defense.
Language has been included in Department of Defense--Military, in chapter 1, `Drug Interdiction and Counter-Drug Activities, Defense' which transfers funds to other appropriations accounts of the Department of Defense.
Language has been included in Department of Defense--Military, in chapter 1, `Other Procurement, Army' which includes a transfer of funds from the `Iraq Freedom Fund'.
Language has been included in Department of Defense--Military in section 1101 which provides the Department with additional general transfer authority.
Language has been included in Department of Defense--Military in section 1103 which transfers amounts in or credited to the Defense Cooperation Account to other appropriations accounts of the Department of Defense.
Language has been included in title II, allowing the transfer of funds between specific accounts for a Sudan war crimes tribunal.
Language has been included in title IV under Tsunami Recovery and Reconstruction Fund allows that up to $10,000,000 may be transferred to and merged with `Development Credit Authority' for the cost of direct loans and loan guarantees, up to $15,000,000 may be transferred to and merged with `Operating Expenses of the United States Agency for International Development', up to $500,000 may be transferred and merged with `Operating Expenses of the United States Agency for International Development, Office of Inspector General', and up to $5,000,000 may be transferred and merged with `Administration of Foreign Affairs Emergencies in the Diplomatic and Consular Service'.
Language has been included in Department of Defense--Military in which makes certain technical adjustments and directs the transfer of funds that are unexecutable as previously appropriated.
Language has been included under title V which allows certain funds provided in the District of Columbia Appropriations Act, 2005 to be transferred between certain accounts and for certain purposes.
RESCISSIONS
Pursuant to clause 3(f)(2) of rule XIII of the Rules of the House of Representatives, the following is submitted describing the rescissions recommended in the accompanying bill:
Under `General Provisions' in title II, chapter 1, the unexpended balance appropriated by Public Law 108-11 under the heading `Economic Support Fund' and made available for Turkey is rescinded.
RESCISSIONS RECOMMENDED IN THE BILL
| Amounts | |
| recommended | |
| Department or Activity | for rescission |
COMPARISON WITH THE BUDGET RESOLUTION
Clause 3(c)(2) of rule XIII of the Rules of the House of Representatives requires an explanation of compliance with section 308(a)(1)(A) of the Congressional Budget and Impoundment Control Act of 1974 (Public Law 93-344), as amended, which requires that the report accompanying a bill providing new budget authority contain a statement detailing how that authority compares with the reports submitted under section 302 of the Act for the most recently agreed to concurrent resolution on the budget for the applicable fiscal year.
Appropriations in this bill are either designated emergency or offset in budget authority therein. Total emergency spending in this bill is $81,271,578,000 in budget authority. Emergency spending is not measured against the section 302 allocations.
Nonemergency spending totals $995,300,000 in budget authority, offset by a $1,000,000,000 rescission of budget authority for a net reduction of $4,700,000 in spending measured against the section 302 allocations.
FIVE-YEAR OUTLAY PROJECTIONS
In compliance with section 308(a)(1)(B) of the Congressional Budget and Impoundment Control Act of 1974 (Public Law 93-344), as amended, the following table contains five-year projections associated with the budget authority provided in the accompanying bill:
| Millions | |
| Budget Authority | 81,267 |
| Outlays: | |
| 2005 | 32,218 |
| 2006 | 30,545 |
| 2007 | 13,281 |
| 2008 | 3,819 |
| 2009 and beyond | 2,039 |
ASSISTANCE TO STATE AND LOCAL GOVERNMENTS
In accordance with section 308(a)(1)(C) of the Congressional Budget and Impoundment Control Act of 1974 (Public Law 93-344), as amended, the financial assistance to State and local governments is as follows:
| Millions | |
| Budget Authority | - - - |
| Fiscal Year 2005 outlays resulting therefrom | - - - |
CONSTITUTIONAL AUTHORITY
Clause 3(d)(1) of rule XIII of the Rules of the House of Representatives states that:
Each report of a committee on a bill or joint resolution of a public character, shall include a statement citing the specific powers granted to the Congress in the Constitution to enact the law proposed by the bill or joint resolution.
The Committee on Appropriations bases its authority to report this legislation from Clause 7 of Section 9 of Article I of the Constitution of the United States of America which states:
No money shall be drawn from the Treasury but in consequence of Appropriations made by law * * *
Appropriations contained in this Act are made pursuant to this specific power granted by the Constitution.
STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES
Pursuant to clause 3(c)(4) of rule XIII of the Rules of the House of Representatives, the following is a statement of general performance goals and objectives for which this measure authorizes funding:
The Committee on Appropriations considers program performance, including a program's success in developing and attaining outcome-related goals and objectives, in developing funding recommendations.
COMPLIANCE WITH RULE XIII, CL. 3(E) (RAMSEYER RULE)
- 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 italics, existing law in which no change is proposed is shown in roman):
DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2005
(PUBLIC LAW 108-287)
* * * * * * *
TITLE II
OPERATION AND MAINTENANCE
* * * * * * *
OPERATION AND MAINTENANCE, DEFENSE-WIDE
(INCLUDING TRANSFER OF FUNDS)
- For expenses, not otherwise provided for, necessary for the operation and maintenance of activities and agencies of the Department of Defense (other than the military departments), as authorized by law, $17,449,619,000: Provided, That not more than $25,000,000 may be used for the Combatant Commander Initiative Fund authorized under section 166a of title 10, United States Code, and of which not to exceed [Struck out->]
[ $32,000,000 ][<-Struck out] $40,000,000 can be used for emergencies and extraordinary expenses, to be expended on the approval or authority of the Secretary of Defense, and payments may be made on his certificate of necessity for confidential military purposes: Provided further, That notwithstanding any other provision of law, of the funds provided in this Act for Civil Military programs under this heading, $500,000 shall be available for a grant for Outdoor Odyssey, Roaring Run, Pennsylvania, to support the Youth Development and Leadership program and Department of Defense STARBASE program: Provided further, That of the funds made available under this heading, $2,550,000 shall be available only for a Washington-based internship and immersion program to allow U.S. Asian-American Pacific Islander undergraduate college and university students from economically disadvantaged backgrounds to participate in academic and educational programs in the Department of Defense and related Federal defense agencies: Provided further, That notwithstanding any other provision of law, the Office of Economic Adjustment of the Department of Defense may make grants and supplement other Federal funds using funds made available by this Act under this heading in accordance with the guidance provided in the Joint Explanatory Statement of the Committee of the Conference for the Conference Report to accompany H.R. 4613 and these projects shall hereafter be considered to be authorized by law: Provided further, That of the funds provided under this heading that are available for commercial imagery purchases, $500,000 shall be used by the National Geospatial-Intelligence Agency to pay for imagery and high-resolution terrain data collected in 2003 in support of the California wildfires: Provided further, That of the funds provided under this heading not less than $27,000,000 shall be made available for the Procurement Technical Assistance Cooperative Agreement Program, of which not less than $3,600,000 shall be available for centers defined in 10 U.S.C. 2411(1)(D): Provided further, That none of the funds appropriated or otherwise made available by this Act may be used to plan or implement the consolidation of a budget or appropriations liaison office of the Office of the Secretary of Defense, the office of the Secretary of a military department, or the service headquarters of one of the Armed Forces into a legislative affairs or legislative liaison office: Provided further, That $4,000,000, to remain available until expended, is available only for expenses relating to certain classified activities, and may be transferred as necessary by the Secretary to operation and maintenance appropriations or research, development, test and evaluation appropriations, to be merged with and to be available for the same time period as the appropriations to which transferred: Provided further, That any ceiling on the investment item unit cost of items that may be purchased with operation and maintenance funds shall not apply to the funds described in the preceding proviso: Provided further, That the transfer authority provided under this heading is in addition to any other transfer authority provided elsewhere in this Act.* * * * * * *
TITLE VIII
GENERAL PROVISIONS
* * * * * * *
(TRANSFER OF FUNDS)
- SEC. 8005. Upon determination by the Secretary of Defense that such action is necessary in the national interest, he may, with the approval of the Office of Management and Budget, transfer not to exceed [Struck out->]
[ $3,500,000,000 ][<-Struck out] $5,500,000,000 of working capital funds of the Department of Defense or funds made available in this Act to the Department of Defense for military functions (except military construction) between such appropriations or funds or any subdivision thereof, to be merged with and to be available for the same purposes, and for the same time period, as the appropriation or fund to which transferred: Provided, That such authority to transfer may not be used unless for higher priority items, based on unforeseen military requirements, than those for which originally appropriated and in no case where the item for which funds are requested has been denied by the Congress: Provided further, That the Secretary of Defense shall notify the Congress promptly of all transfers made pursuant to this authority or any other authority in this Act: Provided further, That no part of the funds in this Act shall be available to prepare or present a request to the Committees on Appropriations for reprogramming of funds, unless for higher priority items, based on unforeseen military requirements, than those for which originally appropriated and in no case where the item for which reprogramming is requested has been denied by the Congress: Provided further, That a request for multiple reprogrammings of funds using authority provided in this section must be made prior to June 30, 2005: Provided further, That transfers among military personnel appropriations shall not be taken into account for purposes of the limitation on the amount of funds that may be transferred under this section.* * * * * * *
(INCLUDING TRANSFER OF FUNDS)
- SEC. 8090. (a) * * *
- (b) Of the amounts appropriated in this Act under the heading, `Operation and Maintenance, Army', [Struck out->]
[ $185,000,000 ][<-Struck out] $210,000,000 shall remain available until expended: * * ** * * * * * *
-
SECTION 1201 OF THE RONALD W. REAGAN NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2005
SEC. 1201. COMMANDERS' EMERGENCY RESPONSE PROGRAM.
- (a) Fiscal Year 2005 Authority- During fiscal year 2005, from funds made available to the Department of Defense for operation and maintenance pursuant to title XV, not to exceed [Struck out->]
[ $500,000,000 ][<-Struck out] $854,000,000 may be used to provide funds--- (1) * * *
* * * * * * *
-
SECTION 1096 OF THE INTELLIGENCE REFORM AND TERRORISM PREVENTION ACT OF 2004
SEC. 1096. TRANSITIONAL AUTHORITIES.
- (a) * * *
- (b) TRANSFER OF PERSONNEL- In addition to any other authorities available under law for such purposes, [Struck out->]
[ in the fiscal year after the effective date of this Act ][<-Struck out] during fiscal years 2005 and 2006, the Director of National Intelligence--- (1) is authorized within the Office of the Director of National Intelligence [Struck out->]
[ 500 new personnel billets ][<-Struck out] a total of 500 new personnel positions; and* * * * * * *
-
TITLE 10, UNITED STATES CODE
* * * * * * *
SUBTITLE A--General Military Law
* * * * * * *
PART II--PERSONNEL
* * * * * * *
CHAPTER 53--MISCELLANEOUS RIGHTS AND BENEFITS
* * * * * * *
Sec. 1051a. Coalition liaison officers: administrative services and support; travel, subsistence, and other personal expenses
- (a) * * *
* * * * * * *
- (e) Expiration of Authority- The authority under this section shall expire on [Struck out->]
[ September 30, 2005 ][<-Struck out] December 31, 2005.* * * * * * *
CHAPTER 75--DECEASED PERSONNEL
* * * * * * *
SUBCHAPTER II--DEATH BENEFITS
* * * * * * *
Sec. 1478. Death gratuity: amount
- (a) The death gratuity payable under sections 1475 through 1477 of this title shall be [Struck out->]
[ $12,000 (as adjusted under subsection (c)) ][<-Struck out] $100,000. For this purpose:- (1) * * *
* * * * * * *
- [Struck out->]
[ (c) Effective on the date on which rates of basic pay under section 204 of title 37 are increased under section 1009 of that title or any other provision of law, the amount of the death gratuity in effect under subsection (a) shall be increased by the same overall average percentage of the increase in the rates of basic pay taking effect on that date. ][<-Struck out]* * * * * * *
-
CONSOLIDATED APPROPRIATIONS ACT, 2005
(PUBLIC LAW 108-447)
* * * * * * *
DIVISION B--DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED AGENCIES APPROPRIATIONS ACT, 2005
* * * * * * *
TITLE III--THE JUDICIARY
* * * * * * *
- SEC. 308. For fiscal year 2005 and hereafter, such fees as shall be collected for the processing of violations through the Central Violations Bureau cases as prescribed by the Judicial Conference of the United States shall be deposited [Struck out->]
[ to the `Courts of Appeals, District Courts, and Other Judicial Services, Salaries and Expenses' appropriation to be used for salaries and other expenses. ][<-Struck out] as offsetting receipts to the fund established under 28 U.S.C. 1931 and shall remain available to the Judiciary until expended to reimburse any appropriation for the amount paid out of such appropriation for expenses of the Courts of Appeals, District Courts, and Other Judicial Services and the Administrative Offices of the United States Courts.* * * * * * *