[House Report 109-16]
[From the U.S. Government Publishing Office]
109th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 109-16
======================================================================
MAKING EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR THE FISCAL YEAR ENDING
SEPTEMBER 30, 2005, AND FOR OTHER PURPOSES
_______
March 11, 2005.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Lewis of California, from the Committee on Appropriations,
submitted the following
R E P O R T
together with
ADDITIONAL VIEWS
[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 [$32,000,000]
$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 [$3,500,000,000] $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'', [$185,000,000]
$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
[$500,000,000] $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, [in the
fiscal year after the effective date of this Act] during fiscal
years 2005 and 2006, the Director of National Intelligence--
(1) is authorized within the Office of the Director
of National Intelligence [500 new personnel billets] 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 [September 30, 2005] 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 [$12,000 (as adjusted under
subsection (c))] $100,000. For this purpose:
(1) * * *
* * * * * * *
[(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.]
* * * * * * *
----------
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 [to the
``Courts of Appeals, District Courts, and Other Judicial
Services, Salaries and Expenses'' appropriation to be used for
salaries and other expenses.] 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.
* * * * * * *
TITLE VI--GENERAL PROVISIONS
(INCLUDING RESCISSIONS)
* * * * * * *
Sec. 619. (a) For additional amounts under the heading
``Small Business Administration, Salaries and Expenses'',
$500,000 shall be available for the Adelante Development
Center, Inc.; $150,000 shall be available for the Advanced
Polymer Processing Institute; $150,000 shall be available for
the Alaska Procurement Technical Assistance Center; $250,000
shall be available for Business and Professional Women of
Alaska; $75,000 shall be available for the Center for Applied
Research and Economic Development at the University of Southern
Indiana; $300,000 shall be available for the Center for
Emerging Technologies; $225,000 shall be available for the
Center for Entrepreneurship and Technology at the Nevada
Commission for Economic Development; $100,000 shall be
available for the Central Connecticut State University
Institute of Technology and Business Development; $600,000
shall be available for the Des Moines Higher Education
Pappajohn Center; $150,000 shall be available for the East
Central Indiana Business Incubator at Ball State University;
$100,000 shall be available for the Entrepreneurial Venture
Assistance Demonstration Project at the Iowa Department of
Economic Development; $75,000 shall be available for the Idaho
Virtual Incubator at Lewis-Clark State College for an E-
Commerce Certification program; $600,000 shall be available for
the Industrial Outreach Service at Mississippi State
University; $2,000,000 shall be available for the Innovation
and Commercialization Center at the University of Southern
Mississippi; $100,000 shall be available for the Kennebec
Valley Council of Governments' Business Development Program;
$100,000 shall be available for the Knoxville College Small
Business Incubator Program; $250,000 shall be available for the
Louisiana State University Law School's Latin American
Commercial Law Program; $250,000 shall be available for the
Minority Business Development Center at Alcorn State
University; $600,000 shall be available for the Mississippi
Technology Alliance; $200,000 shall be available for the
Montana Department of Commerce for a State government
information sharing initiative; $125,000 shall be available for
the Myrtle Beach International Trade and Convention Center;
$250,000 shall be available for the Nanotechnology Research
Program at the Oregon Health and Science University; $550,000
shall be available for the New Product Development and
Commercialization Center for Rural Manufacturers; $125,000
shall be available for the New Hampshire Women's Business
Center; $500,000 shall be available for Operation Safe
Commerce; $200,000 shall be available for the Southern
University Foundation's Martin Luther King Initiative; $75,000
shall be available for Technology 2020; $1,000,000 shall be
available for the Technology Venture Center/InvestNet
Partnership for Alaska and Montana; $500,000 shall be available
for the Textile Marking System; $300,000 shall be available for
the Towson University International Business Incubator;
$1,000,000 shall be available for the Tuck School of Business/
MBDA Partnership; $325,000 shall be available for the
University of Colorado Nanotechnology and Characterization
Facility; $8,000,000 shall be available for the University of
South Carolina Thomas Cooper Library; $100,000 shall be
available for the Virginia Electronic Commerce Technology
Center at Christopher Newport University; $125,000 shall be
available for the Women's Business Development Center in
Stamford, Connecticut; and $100,000 shall be available for the
World Trade Center of Greater Philadelphia; $50,000 shall be
available for a grant to the Center for Excellence in
Education; $100,000 shall be available for a grant to The Cedar
Creek Battlefield Foundation; $100,000 shall be available for a
grant to Belle Grove Plantation; $150,000 shall be available
for a grant to the City of Manassas Park for economic
development; $100,000 shall be available for a grant to the
Shenandoah Valley Travel Association; $1,200,000 shall be
available for a grant to Shenandoah University to develop a
facility for a business program; $115,000 shall be available
for a grant to Economic Alliance Houston Port Region; $20,000
shall be available for a grant to the Town of South Boston,
Virginia, for small business development; $100,000 shall be
available for a grant to Patrick Henry Community College for a
workforce training program; $100,000 shall be available for a
grant for Danville Community College for a workforce training
program; $1,000,000 shall be available for a grant to the
University of Illinois for the Information Trust Institute
initiative; $500,000 shall be available for a grant to
Wittenberg University for a technology initiative; $500,000
shall be available for a grant to the Dayton Development
Coalition; $250,000 shall be available for a grant for REI
Rural Business Resources Center in Seminole, Oklahoma; $50,000
shall be available for a grant to Experience Works to expand
opportunities for older workers; $50,000 shall be available for
a grant to Project Listo for workforce development and
procurement opportunities; $100,000 shall be available for a
grant to North Iowa Area Community College for a small business
incubator; $450,000 shall be available for a grant to
California State University, in San Bernardino, California, for
development of the Center for the Commercialization of Advanced
Technology; $50,000 shall be available for a grant to Rowan
University for a workforce training program; $200,000 shall be
available for a grant to the Freeport Downtown Development
Foundation for a small business economic development
initiative; $1,500,000 shall be available for a grant to the
Rockford Area Convention and Visitors Bureau for a
manufacturing program; $200,000 shall be available for a grant
to Jefferson County Development Council; $200,000 shall be
available for a grant to Clearfield County Economic Development
Corporation; $500,000 shall be available for a grant to the
Columbus College of Art and Design for facilities development
to build partnerships with businesses; $115,000 shall be
available for a grant to Ohio Business Connection; $1,000,000
shall be available for a grant to the Southern and Eastern
Kentucky Tourism Development Association; $500,000 shall be
available for a grant to the Bridgeport Regional Business
Council for an economic integration initiative; $100,000 shall
be available for a grant to Cedarbridge Development Corporation
for a redevelopment initiative; $900,000 shall be available for
a grant to Western Carolina University for a computer
engineering program; $100,000 shall be available for a grant to
[Asheville-Buncombe Technical Community College] the
International Small Business Institute for an economic
development initiative; $100,000 shall be available for a grant
to Jubilee Homes for the Southwest Economic Business Resource
Center; $400,000 shall be available for a grant for the Connect
the Valley initiative; $400,000 shall be available for a grant
to the University of Tennessee Corridor Initiative; $500,000
shall be available for a grant to the Illinois Institute for
Technology to examine and assess advancements in
biotechnologies; $250,000 shall be available for a grant to the
City of Largo, Florida, for business information; $250,000
shall be available for a grant to Pro Co Technology, Inc., in
the Bronx, New York, for a computer training center; $50,000
shall be available for a grant for the Promesa Foundation in
the Bronx, New York, to provide community growth funding;
$200,000 shall be available for a grant to Bronx Shepherds for
community programs; $150,000 shall be available for a grant to
HOGAR, Inc., in the Bronx, New York; $200,000 shall be
available for a grant to Promesa Enterprises to provide
services and support to community based organizations in the
Bronx, New York; $200,000 for the Arthur Avenue Retail Market
in the Bronx, New York, for facility, improvement, and
maintenance needs to meet the Market's business requirements;
$200,000 shall be available for a grant to Pregones Theater in
the Bronx, New York, for business infrastructure; $200,000
shall be available for a grant to Presbyterian Senior Services
for their Grandparent Family Apartments project and programs in
the Bronx, New York; $100,000 shall be available for a grant to
Thorpe Family Residence, Inc., to continue its services and
programs in the Bronx, New York; $100,000 shall be available
for a grant to the Puerto Rican Traveling Theater in the Bronx,
New York, for outreach and programs; $100,000 shall be
available for Casita Maria's Career and College Placement
Preparation to be implemented in coordination with business
partners in New York City; $1,100,000 shall be available for a
grant to the MountainMade Foundation to fulfill its charter
purposes and to continue the initiative developed by the NTTC
for outreach and promotion, business and sites development, the
education of artists and craftspeople, and to promote small
businesses, artisans and their products through market
development, advertisement, commercial sale and other
promotional means; $1,000,000 shall be available for a grant
for Northwest Shoals Community College to complete the Center
for Business and Industry; $1,000,000 shall be available for
the Rhode Island School of Design in Providence, Rhode Island[,
for the continued modernization of the Mason Building];
$1,000,000 shall be available for a grant to the Norwegian
American Foundation to fulfill its charter purposes; $750,000
shall be available for a grant to St. Mary's College for a
telecommunications initiative; $400,000 shall be available for
a grant to the Economic Growth Council Procurement Assistance
Program; $500,000 shall be available for a grant to Johnstown
Area Regional Industries in Pennsylvania for an enhanced
economic development initiative; $300,000 shall be available
for a grant to the Good Old Lower East Side organization for a
small business economic development initiative for the Lower
East Side, New York; $200,000 shall be available for a grant
for the Sunnyside Chamber of Commerce to conduct a
redevelopment study for Sunnyside, Queens, New York, and to
implement improvements.
* * * * * * *
DIVISION C--ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT, 2005
TITLE I
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
The following appropriations shall be expended under the
direction of the Secretary of the Army and the supervision of
the Chief of Engineers for authorized civil functions of the
Department of the Army pertaining to rivers and harbors, flood
control, shore protection and storm damage reduction, aquatic
ecosystem restoration, and related purposes.
* * * * * * *
OPERATION AND MAINTENANCE
For expenses necessary for the operation, maintenance, and
care of existing river and harbor, flood and storm damage
reduction, aquatic ecosystem restoration, and related projects
authorized by law; for the benefit of federally listed species
to address the effects of civil works projects owned or
operated by the United States Army Corps of Engineers; for
providing security for infrastructure owned and operated by, or
on behalf of, the United States Army Corps of Engineers,
including administrative buildings and facilities,
laboratories, and the Washington Aqueduct; for the maintenance
of harbor channels provided by a State, municipality, or other
public agency that serve essential navigation needs of general
commerce, where authorized by law; and for surveys and charting
of northern and northwestern lakes and connecting waters,
clearing and straightening channels, and removal of
obstructions to navigation, $1,959,101,000, to remain available
until expended, of which such sums as are necessary to cover
the Federal share of operation and maintenance costs for
coastal harbors and channels shall be derived from the Harbor
Maintenance Trust Fund, pursuant to Public Law 99-662 may be
derived from that fund; of which such sums as become available
from the special account for the United States Army Corps of
Engineers established by the Land and Water Conservation Act of
1965, as amended (16 U.S.C. 460l-6a(i)), may be derived from
that account for resource protection, research, interpretation,
and maintenance activities related to resource protection in
the areas at which outdoor recreation is available; and of
which such sums as become available under section 217 of the
Water Resources Development Act of 1996, Public Law 104-303,
shall be used to cover the cost of operation and maintenance of
the dredged material disposal facilities for which fees have
been collected: Provided, That utilizing funds appropriated
herein, for the Intracoastal Waterway, Delaware River to
Chesapeake Bay, Delaware and Maryland, the Secretary of the
Army, acting through the Chief of Engineers, is directed to
reimburse the State of Delaware for normal operation and
maintenance costs incurred by the State of Delaware for the SR1
Bridge from station 58+00 to station 293+00 between October 1,
2003, and September 30, 2004: Provided further, That the
Secretary of the Army, acting through the Chief of Engineers,
is directed to use funds appropriated herein to rehabilitate
the existing dredged material disposal site for the project for
navigation, Bodega Bay Harbor, California, and to continue
maintenance dredging of the Federal channel: Provided further,
That the Secretary shall make suitable material excavated from
the Bodega Bay Harbor, California, disposal site as part of the
rehabilitation effort available to the non-Federal sponsor, at
no cost to the Federal Government, for use by the non-Federal
sponsor in the development of public facilities: Provided
further, That the Secretary of the Army, acting through the
Chief of Engineers, is authorized to undertake, at full Federal
expense, a detailed evaluation of the Albuquerque levees for
purposes of determining structural integrity, impacts of
vegetative growth, and performance under current hydrological
conditions: Provided further, That using $175,000 provided
herein, the Secretary of the Army, acting through the Chief of
Engineers is authorized to remove the sunken vessel State of
Pennsylvania from the Christina River in Delaware: Provided
further, That the Corps of Engineers shall not allocate any
funds to deposit dredged material along the Laguna Madre
portion of the Gulf Intracoastal Waterway except at the
placement areas specified in the Dredged Material Management
Plan in section 2.11 of the Final Environmental Impact
Statement for Maintenance Dredging of the Gulf Intracoastal
Waterway, Laguna Madre, Texas, Nueces, Kleberg, Kenedy,
Willacy, and Cameron Counties, Texas, prepared by the Corps of
Engineers dated September 2003: Provided further, That nothing
in the above proviso shall prevent the Corps of Engineers from
performing necessary maintenance operations along the Gulf
Intracoastal Waterway if the following conditions are met: if
the Corps proposes to use any placement areas that are not
currently specified in the Dredged Material Management Plan and
failure to use such alternative placement areas will result in
the closure of any segment of the Gulf Intracoastal Waterway,
then such proposal shall be analyzed in an Environmental Impact
Statement (EIS) and comply with all other applicable
requirements of the National Environmental Policy Act, 42
U.S.C. 4321 et seq., and all other applicable State and Federal
laws, including the Clean Water Act, 33 U.S.C. 1251 et seq.,
the Endangered Species Act, 16 U.S.C. 1531 et seq., and the
Coastal Zone Management Act, 16 U.S.C. 1451 et seq.: Provided
further, That, of the funds made available, $7,000,000 is to be
used to perform work authorized in section 136 of Public Law
[108-357] 108-137.
* * * * * * *
GENERAL PROVISIONS
CORPS OF ENGINEERS--CIVIL
Sec. 101. Beginning in fiscal year 2005 and thereafter,
agreements proposed for execution by the Assistant Secretary of
the Army for Civil Works or the United States Army Corps of
Engineers after the date of the enactment of this Act pursuant
to section 4 of the Rivers and Harbor Act of 1915, Public Law
64-291; section 11 of the River and Harbor Act of 1925, Public
Law 68-585; the Civil Functions Appropriations Act, 1936,
Public Law 75-208; section 215 of the Flood Control, Act of
1968, as amended, Public Law 90-483; sections 104, 203, and 204
of the Water Resources Development Act of 1986, as amended,
Public Law 99-662; section 206 of the Water Resources
Development Act of 1992, as amended, Public Law 102-580;
section 211 of the Water Resources Development Act of 1996,
Public Law 104-303; and any other specific project authority,
shall be limited to credits and reimbursements [per project not
to exceed $10,000,000 in each fiscal year, and total credits
and reimbursements for all applicable projects not to exceed
$50,000,000 in each fiscal year, except that for environmental
infrastructure projects, the $10,000,000 limitation shall apply
to each State wherein such projects are undertaken.] for all
applicable programs and projects not to exceed $80,000,000 in
each fiscal year.
* * * * * * *
TITLE II
DEPARTMENT OF THE INTERIOR
Central Utah Project
* * * * * * *
WATER AND RELATED RESOURCES
(INCLUDING TRANSFER OF FUNDS)
For management, development, and restoration of water and
related natural resources and for related activities, including
the operation, maintenance, and rehabilitation of reclamation
and other facilities, participation in fulfilling related
Federal responsibilities to Native Americans, and related
grants to, and cooperative and other agreements with, State and
local governments, Indian tribes, and others, $859,481,000, to
remain available until expended, of which $53,299,000 shall be
available for transfer to the Upper Colorado River Basin Fund
and $33,794,000 shall be available for transfer to the Lower
Colorado River Basin Development Fund; of which such amounts as
may be necessary may be advanced to the Colorado River Dam
Fund; of which not more than $500,000 is for high priority
projects which shall be carried out by the Youth Conservation
Corps, as authorized by 16 U.S.C. 1706: Provided further, That
such transfers may be increased or decreased within the overall
appropriation under this heading: Provided further, That of the
total appropriated, the amount for program activities can be
financed by the Reclamation Fund or the Bureau of Reclamation
special fee account established by 16 U.S.C. 460l-6a(i) shall
be derived from that Fund or account: Provided further, That
funds contributed under 43 U.S.C. 395 are available until
expended for the purposes for which contributed: Provided
further, That $250,000 is provided under the Weber Basin
project for the Park City, Utah feasibility study: Provided
further, That funds advanced under 43 U.S.C. 397a shall be
credited to this account and are available until expended for
the same purposes as the sums appropriated under this heading:
Provided further, That funds available for expenditure for the
Departmental Irrigation Drainage Program may be expended by the
Bureau of Reclamation for site remediation on a non-
reimbursable basis: Provided further, That $4,023,000 of the
funds appropriated under this heading shall be deposited in the
San Gabriel Basin Restoration Fund established by section 110
of title I of division B of the Miscellaneous Appropriations
Act, 2001 (as enacted into law by Public Law 106-554).
* * * * * * *
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
* * * * * * *
Nuclear Waste Disposal
For nuclear waste disposal activities to carry out the
purposes of Public Law 97-425, as amended, including the
acquisition of real property or facility construction or
expansion, $346,000,000, to be derived from the Nuclear Waste
Fund and to remain available until expended: Provided, That of
the funds made available in this Act for Nuclear Waste
Disposal, $2,000,000 shall be provided to the State of Nevada
solely for expenditures, other than salaries and expenses of
State employees, to conduct scientific oversight
responsibilities and participate in licensing activities
pursuant to the Nuclear Waste Policy Act of 1982, Public Law
97-425, as amended: Provided further, That $8,000,000 shall be
provided to affected units of local governments, as defined in
Public Law 97-425, [to conduct scientific oversight
responsibilities and participate in licensing activities
pursuant to the Act] to participate in licensing activities and
other appropriate activities pursuant to the Act: Provided
further, That the distribution of the funds as determined by
the units of local government shall be approved by the
Department of Energy: Provided further, That the funds for the
State of Nevada shall be made available solely to the Nevada
Division of Emergency Management by direct payment and units of
local government by direct payment: Provided further, That
within 90 days of the completion of each Federal fiscal year,
the Nevada Division of Emergency Management and the Governor of
the State of Nevada and each local entity shall provide
certification to the Department of Energy that all funds
expended from such payments have been expended for activities
authorized by Public Law 97-425 and this Act: Provided further,
That failure to provide such certification shall cause such
entity to be prohibited from any further funding provided for
similar activities: Provided further, That none of the funds
herein appropriated may be: (1) used directly or indirectly to
influence legislative action on any matter pending before
Congress or a State legislature or for lobbying activity as
provided in 18 U.S.C. 1913; (2) used for litigation expenses;
or (3) used to support multi-State efforts or other coalition
building activities inconsistent with the restrictions
contained in this Act: Provided further, That all proceeds and
recoveries realized by the Secretary in carrying out activities
authorized by the Nuclear Waste Policy Act of 1982, Public Law
97-425, as amended, including but not limited to, any proceeds
from the sale of assets, shall be available without further
appropriation and shall remain available until expended.
* * * * * * *
DIVISION D--FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS
APPROPRIATIONS ACT, 2005
* * * * * * *
TITLE V--GENERAL PROVISIONS
* * * * * * *
WEST BANK AND GAZA PROGRAM
Sec. 559. (a) * * *
* * * * * * *
(e) Subsequent to the certification specified in subsection
(a), the Comptroller General of the United States shall conduct
an audit and an investigation of the treatment, handling, and
uses of all funds for the bilateral West Bank and Gaza Program
in fiscal year 2005 under the heading ``Economic Support
Fund''. The audit shall address--
(1) the extent to which such Program complies with
the requirements of subsections (b) and (c), and
(2) an examination of all programs, projects, and
activities carried out under such Program, including
both obligations and expenditures.
* * * * * * *
DIVISION E--DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES
APPROPRIATIONS ACT, 2005
* * * * * * *
TITLE I--DEPARTMENT OF THE INTERIOR
* * * * * * *
Sec. 144. (a) * * *
(b) Transfer of Administrative Jurisdiction, Bureau of Land
Management Land, Clark County, Nevada.--
(1) * * *
(2) Description of land.--The parcel of land referred
to in paragraph (1) is the approximately 150 acres of
Bureau of Land Management land in Clark County, Nevada,
as generally depicted on the map entitled ``Veterans
Administration Conveyance'' and dated [September 24,
2004] November 12, 2004.
* * * * * * *
DIVISION H--TRANSPORTATION, TREASURY, INDEPENDENT AGENCIES, AND GENERAL
GOVERNMENT APPROPRIATIONS ACT, 2005
TITLE I
DEPARTMENT OF TRANSPORTATION
* * * * * * *
General Provisions--Department of Transportation
(INCLUDING TRANSFERS OF FUNDS)
* * * * * * *
Sec. 198. For the purpose of any applicable law under title
23 of the United States Code, for fiscal years 2004 and 2005,
the city of Norman, Oklahoma, shall be considered to be part of
the Oklahoma City urbanized area.
* * * * * * *
DIVISION I--DEPARTMENTS OF VETERANS AFFAIRS AND HOUSING AND URBAN
DEVELOPMENT, AND INDEPENDENT AGENCIES APPROPRIATIONS ACT, 2005
* * * * * * *
TITLE I--DEPARTMENT OF VETERANS AFFAIRS
* * * * * * *
Sec. 114. None of the funds made available to the Department
in this Act, or any other Act, may be used to implement
sections 2 and 5 of Public Law 107-287 and section 303 of
Public Law 108-422.
* * * * * * *
Sec. 117. Notwithstanding any other provision of law, at the
discretion of the Secretary of Veterans Affairs, proceeds or
revenues derived from enhanced-use leasing activities
(including disposal) [that are deposited into the Medical Care
Collections Fund may be transferred and merged with] may be
deposited into the ``Construction, major projects'' and
``Construction, minor projects'' accounts and be used for
construction (including site acquisition and disposition),
alterations and improvements of any medical facility under the
jurisdiction or for the use of the Department of Veterans
Affairs. Such sums as realized are in addition to the amount
provided for in ``Construction, major projects'' and
``Construction, minor projects''.
* * * * * * *
TITLE III--INDEPENDENT AGENCIES
* * * * * * *
Corporation for National and Community Service
NATIONAL AND COMMUNITY SERVICE PROGRAMS OPERATING EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses for the Corporation for National and
Community Service (the ``Corporation'') in carrying out
programs, activities, and initiatives under the National and
Community Service Act of 1990 (the ``Act'') (42 U.S.C. 12501 et
seq.), $545,884,000, to remain available until September 30,
2006: Provided, That not more than $290,000,000 of the amount
provided under this heading shall be available for grants under
the National Service Trust Program authorized under subtitle C
of title I of the Act (42 U.S.C. 12571 et seq.) (relating to
activities of the AmeriCorps program), including grants to
organizations operating projects under the AmeriCorps Education
Awards Program (without regard to the requirements of sections
121(d) and (e), section 131(e), section 132, and sections
140(a), (d), and (e) of the Act): Provided further, That not
less than $144,000,000 of the amount provided under this
heading, to remain available without fiscal year limitation,
shall be transferred to the National Service Trust for
educational awards authorized under subtitle D of title I of
the Act (42 U.S.C. 12601), of which up to $3,900,000 shall be
available to support national service scholarships for high
school students performing community service, and of which
$13,000,000 shall be held in reserve as defined in Public Law
108-45: Provided further, That in addition to amounts otherwise
provided to the National Service Trust under the second
proviso, the Corporation may transfer funds from the amount
provided under the first proviso, to the National Service Trust
authorized under subtitle D of title I of the Act (42 U.S.C.
12601) upon determination that such transfer is necessary to
support the activities of national service participants and
after notice is transmitted to Congress: Provided further, That
of the amount provided under this heading for grants under the
National Service Trust program authorized under subtitle C of
title I of the Act, not more than $55,000,000 may be used to
administer, reimburse, or support any national service program
authorized under section 121(d)(2) of such Act (42 U.S.C.
12581(d)(2)): Provided further, That not more than $13,334,000
shall be available for quality and innovation activities
authorized under subtitle H of title I of the Act (42 U.S.C.
12853 et seq.), of which $4,000,000 shall be available for
challenge grants to non-profit organizations: Provided further,
That notwithstanding subtitle H of title I of the Act (42
U.S.C. 12853), none of the funds provided under the previous
proviso shall be used to support salaries and related expenses
(including travel) attributable to Corporation employees:
Provided further, That to the maximum extent feasible, funds
appropriated under subtitle C of title I of the Act shall be
provided in a manner that is consistent with the
recommendations of peer review panels in order to ensure that
priority is given to programs that demonstrate quality,
innovation, replicability, and sustainability: Provided
further, That $25,500,000 of the funds made available under
this heading shall be available for the Civilian Community
Corps authorized under subtitle E of title I of the Act (42
U.S.C. 12611 et seq.): Provided further, That $43,000,000 shall
be available for school-based and community-based service-
learning programs authorized under subtitle B of title I of the
Act (42 U.S.C. 12521 et seq.): Provided further, That
$3,550,000 shall be available for audits and other evaluations
authorized under section 179 of the Act (42 U.S.C. 12639):
Provided further, That $10,000,000 of the funds made available
under this heading shall be made available for the Points of
Light Foundation for activities authorized under title III of
the Act (42 U.S.C. 12661 et seq.), of which not more than
$2,500,000 may be used to support an endowment fund, the corpus
of which shall remain intact and the interest income from which
shall be used to support activities described in title III of
the Act, provided that the Foundation may invest the corpus and
income in federally insured bank savings accounts or comparable
interest bearing accounts, certificates of deposit, money
market funds, mutual funds, obligations of the United States,
and other market instruments and securities but not in real
estate investments: Provided further, That no funds shall be
available for national service programs run by Federal agencies
authorized under section 121(b) of such Act (42 U.S.C.
12571(b)): Provided further, That $4,500,000 of the funds made
available under this heading shall be made available to
America's Promise--The Alliance for Youth, Inc.: Provided
further, That to the maximum extent practicable, the
Corporation shall increase significantly the level of matching
funds and in-kind contributions provided by the private sector,
and shall reduce the total Federal costs per participant in all
programs: Provided further, That the Corporation may use up to
1 percent of program grant funds made available under this
heading to defray its costs of conducting grant application
reviews, including the use of outside peer reviewers.
* * * * * * *
----------
DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2004
(Division B of Public Law 108-199)
DIVISION B--DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY,
AND RELATED AGENCIES APPROPRIATIONS ACT, 2004
AN ACT Making appropriations for the Departments of Commerce, Justice,
and State, the Judiciary, and related agencies for the fiscal year
ending September 30, 2004, and for other purposes.
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2004, and for other purposes, namely:
* * * * * * *
TITLE VI--GENERAL PROVISIONS
(INCLUDING RESCISSIONS)
* * * * * * *
Sec. 621. For additional amounts under the heading ``Small
Business Administration, Salaries and Expenses'', $1,592,000
shall be available for the Advanced and Applied Polymer
Processing Institute; $500,000 shall be available for Northeast
South Dakota Tech-Based Skills Development; $750,000 shall be
available for the Southern Methodist University Law School Rule
of Law; $1,000,000 shall be available for the Accelerated
Entrepreneur ``AcE'' Program; $500,000 shall be available for
the National Mass Fatalities Institute; $1,000,000 shall be
available for the Textile Tracers Program; $500,000 shall be
available for the Maryland Technology-Based Rural Business
Incubation Initiative; $1,000,000 shall be available for the
Northeast Indiana Innovation Center; $750,000 shall be
available for the Lewis and Clark Bicentennial Bi-State Safety
Project; $1,000,000 shall be available for the Greenville
Automotive Research Park; $1,000,000 shall be available for the
Indiana University Kokomo Business Incubator; $1,593,000 shall
be available for the Tuck School of Business for its
partnership with the Minority Business Development
Administration; $500,000 shall be available for Project
Restore; $325,000 shall be available for the School of the
Building Arts Trade Program; $500,000 shall be available for
the South Carolina Export Consortium; $500,000 shall be
available for the Freewoods Farm Living Farm Museum in Horry
County, South Carolina; $1,590,000 shall be available for the
Alaska InvestNet/Technology Venture Center and Tech Ranch in
Montana; $1,000,000 shall be available for Youth and Family
with Promises; $500,000 shall be available for the Wisconsin
Procurement Institute; $1,000,000 shall be available for the
Next Generation Economy Initiative; $1,000,000 shall be
available for the Westside Intercept Project; $250,000 shall be
available for the International Trade Data Network; $1,000,000
shall be available for the University of Missouri-St. Louis
Information Technology Incubator Project; $750,000 shall be
available for the Idaho Virtual Incubator/Lewis-Clark State
College; $850,000 shall be available for the UNI Student
Business Incubator; $1,500,000 shall be available for the
promotion and operation of the grant to the Adelante
Development Center, Inc., in Albuquerque, New Mexico; $250,000
shall be available for the Mississippi Delta Technology
Council; $2,250,000 shall be available for a grant to the
Virginia Community College System (VCCS) for improvement of
distance learning programs; $175,000 shall be available for a
grant to the Loudoun Convention and Visitors Association in
Virginia; $100,000 shall be available for a grant to The Cedar
Creek Battlefield Foundation; $100,000 shall be available for a
grant to Belle Grove Plantation; $750,000 shall be available
for a grant to Shenandoah University to develop a historical
and tourism development facility; $1,000,000 shall be available
for a grant to the Northern Virginia Technology Council for a
technology entrepreneurship development and resource center;
$100,000 shall be available for a grant to the Washington
Airports Task Force to promote small business growth [of
passenger, cargo and other aviation services]; $100,000 shall
be available for a grant to Team Northeast Ohio; $500,000 shall
be available for a grant to Wilberforce University for a
technology initiative; $250,000 shall be available for a grant
for REI Rural Business Resources Center in Seminole, Oklahoma;
$1,100,000 shall be available for a grant to Iowa State
University for the development of a research park biologics
facility; $200,000 shall be available for a grant to the
Clarion County Economic Development Corporation; $200,000 shall
be available for a grant to the Venango Economic Development
Corporation; $900,000 shall be available for a grant to the
Illinois Institute of Technology to examine and assess
advancements in biotechnologies; $1,000,000 shall be available
for the Illinois Coalition for technology development
assistance activities; $200,000 shall be available for a grant
for the Port of Benton for the planning of a science and
technology park in Richland, Washington; $1,500,000 shall be
available for a grant to Rockford Area Ventures, Rockford,
Illinois, to establish a small manufacturing business incubator
and technology research and development center; $100,000 shall
be available for a grant to Western Kentucky University for a
business incubator; $200,000 shall be available for a grant for
the Chicago Field Museum for a collections resource center;
$100,000 shall be available for a grant for the Purdue
University School of Pharmacy for the development of a national
center for pharmaceutical technology; $100,000 shall be
available for a grant to the Cedarbridge Development Urban
Renewal Corporation for facilities development; $100,000 shall
be available for a grant for Concourse Village in the Bronx,
New York; $500,000 shall be available for a grant to Pro Co
Technology Computer Training Center in the Bronx, New York, for
a computer learning center; $200,000 shall be available for a
grant for the Promesa Foundation in South Bronx, New York, to
provide community growth funding; $560,000 shall be available
for a grant to Bronx Shepherds for a community resource center;
$200,000 shall be available for a grant to HOGAR, Inc., in the
Bronx, New York; $100,000 shall be available for a grant to the
Alliance for Community Services for economic development in the
Bronx, New York; $300,000 shall be available for a grant to
Promesa Enterprises to provide services and support to
community based organizations in the Bronx, New York; $300,000
shall be available for a grant to Bronx Overall Economic
Development Corporation for technical assistance opportunities
for businesses; $250,000 shall be available for a grant to St.
Mary's College for a telecommunications initiative; $1,200,000
shall be available for a grant to the MountainMade Foundation
to fulfill its charter purposes and to continue the initiative
developed by the NTTC for outreach and promotion, business and
sites development, the education of artists and craftspeople,
and to promote small businesses, artisans and their products
through market development, advertisement, commercial sale and
other promotional means; $100,000 shall be available for the
Providence, Rhode Island Center for Women and Enterprise for
small business development programs and infrastructure
development; $900,000 shall be available for the Rhode Island
School of Design in Providence, Rhode Island[, for the
continued modernization of the Mason Building]; $1,200,000
shall be available for a grant for Northwest Shoals Community
College to establish a Center for Business and Industry;
$950,000 shall be available for a grant to the Family and
Children's Service in Minneapolis, Minnesota for community
support and development programs; $1,000,000 shall be available
for a grant to the Wisconsin Procurement Institute to develop
an electronic based system to provide access and opportunity to
Federal funding; $200,000 shall be for a grant to the National
Association of Development Organizations Research Foundation to
provide training and education assistance to small business
development finance professionals; $750,000 shall be for a
grant to the North Carolina Rural Economic Development Center
for expenses and activities in support of the Capital Access
Program; $500,000 shall be for a grant for the Women's
Initiative for Self Employment in San Francisco, California;
$400,000 shall be for a grant to Johnstown Area Regional
Industries in Pennsylvania for workforce development training
programs and Small Business Technology Centers; $400,000 shall
be for a grant to Seton Hill University for expenses in support
of the Virtual Entrepreneurial Center; $200,000 shall be for a
grant to the Economic Growth Connection Paperless Procurement
Program for the purpose of conducting the program and providing
financial assistance; $200,000 shall be for a grant for the
Ridgewood Myrtle Avenue Business Improvement District to
conduct a redevelopment study and to implement improvements;
$400,000 shall be for a grant to Progress, Inc., to establish a
Community Technology Center; $150,000 shall be for a grant for
UPROSE for the ``Sunset Youth Industries'' project; $415,000
shall be available for a grant to the Southern and Eastern
Kentucky Tourism Development Association for continuation of a
regional tourism promotion initiative; and $300,000 shall be
for the Arthur Avenue Retail Market in the Bronx, New York, for
facility, improvement, and maintenance needs to meet the
Market's business requirements: Provided, That section 625 of
title I of division B of Public Law 108-7 is amended with
respect to a grant of: (1) $450,000 to the Bronx Council on the
Arts by striking ``help promote stabilization of small arts
organizations'' and inserting ``provide financial assistance to
small arts organizations to help promote stabilization''; and
(2) $500,000 to the City of Merrill, Wisconsin by striking all
that follows after ``Wisconsin'' and inserting ``for the
capitalization of a business development fund.''.
* * * * * * *
----------
SECTION 307 OF THE FOREIGN ASSISTANCE ACT OF 1961
Sec. 307. Withholding of United States Proportionate Share
for Certain Programs of International Organizations.--(a)
Notwithstanding any other provision of law, none of the funds
authorized to be appropriated by this chapter shall be
available for the United States proportionate share for
programs for Burma, [Iraq,] North Korea, Syria, Libya, Iran,
Cuba, or the Palestine Liberation Organization or for projects
whose purpose is to provide benefits to the Palestine
Liberation Organization or entities associated with it or at
the discretion of the President, Communist countries listed in
section 620(f) of this Act.
* * * * * * *
----------
TITLE 38, UNITED STATES CODE
* * * * * * *
PART II--GENERAL BENEFITS
* * * * * * *
CHAPTER 17--HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE
* * * * * * *
Sec. 1703. Contracts for hospital care and medical services in non-
Department facilities
(a) * * *
* * * * * * *
(d)(1) * * *
(2) Amounts collected, by setoff or otherwise, as the result
of an audit under the program conducted under this subsection
[shall be available for the purposes] shall be available,
without fiscal limitation, for the purposes for which funds are
currently available to the Secretary for medical care and for
payment to a contractor of a percentage of the amount collected
as a result of an audit carried out by the contractor.
* * * * * * *
CHAPTER 19--INSURANCE
* * * * * * *
SUBCHAPTER III--SERVICEMEMBERS' GROUP LIFE INSURANCE
* * * * * * *
Sec. 1967. Persons insured; amount
(a)(1) * * *
* * * * * * *
(3)(A) Subject to subparagraphs (B) and (C), the amount for
which a person is insured under this subchapter is as follows:
(i) In the case of a member, [$250,000] $400,000 or
such lesser amount as the member may elect in
increments of $50,000.
* * * * * * *
(B)(i) A member may elect in writing to be insured or to
insure the member's spouse in an amount less than the amount
provided for under subparagraph (A). The member may not elect
to insure the member's child in an amount less than $10,000.
The amount of insurance so elected shall, in the case of a
[member or spouse] member, be evenly divisible by $50,000 and,
in the case of a member's spouse, be evenly divisible by
$10,000.
(ii) A member who is married may not, without the written
concurrence of the member's spouse--
(I) elect not to be insured under this subchapter or
to be insured under this subchapter in an amount less
than the maximum amount provided for under subparagraph
(A)(i); or
(II) designate any other person as a beneficiary
under this program.
(iii) Whenever a member who is not married elects not to be
insured under this subchapter or to be insured under this
subchapter in an amount less than the maximum amount provided
for under subparagraph (A)(i), the Secretary concerned shall
provide a notice of such election to any person designated by
the member as a beneficiary or designated as the member's next-
of-kin for the purpose of emergency notification, as determined
under regulations prescribed by the Secretary of Defense.
(C) In no case may the amount of insurance coverage under
this subsection of a member's spouse exceed the amount of
insurance coverage of the member as applicable to such member
under subparagraph (A)(i).
* * * * * * *
(d) Whenever a member has the opportunity to make an election
under subsection (a) not to be insured under this subchapter,
or to be insured under this subchapter in an amount less than
the maximum amount [of $250,000] in effect under subsection
(a)(3)(A)(i), and at such other times periodically thereafter
as the Secretary concerned considers appropriate, the Secretary
concerned shall furnish to the member general information
concerning life insurance. Such information shall include--
(1) * * *
* * * * * * *
Sec. 1977. Veterans' Group Life Insurance
(a)(1) Veterans' Group Life Insurance shall be issued in the
amounts specified in section 1967(a) of this title. In the case
of any individual, the amount of Veterans' Group Life Insurance
may not exceed the amount of Servicemembers' Group Life
Insurance coverage continued in force after the expiration of
the period of duty or travel under section 1967(b) or 1968(a)
of this title. No person may carry a combined amount of
Servicemembers' Group Life Insurance and Veterans' Group Life
Insurance in excess of [$250,000] $400,000 at any one time.
(2) If any person insured under Veterans' Group Life
Insurance again becomes insured under Servicemembers' Group
Life Insurance but dies before terminating or converting such
person's Veterans' Group Insurance, Veterans' Group Life
Insurance shall be payable only if such person is insured for
less than $250,000 under Servicemembers' Group Life Insurance,
and then only in an amount which, when added to the amount of
Servicemembers' Group Life Insurance payable, does not exceed
[$250,000] $400,000.
* * * * * * *
----------
DISTRICT OF COLUMBIA APPROPRIATIONS ACT, 2005
(Public Law 108-335)
* * * * * * *
TITLE III--GENERAL PROVISIONS
* * * * * * *
Sec. 331. The amount appropriated by this Act may be
increased by no more than [$15,000,000] $42,000,000, to remain
available until expended, from funds identified in the
comprehensive annual financial report as the District's fiscal
year 2004 unexpended general fund surplus. The District may
obligate and expend these amounts only in accordance with the
following conditions:
(1) * * *
* * * * * * *
[(5) The amounts may be obligated and expended only
if approved by the Committees on Appropriations of the
House of Representatives and Senate in advance of any
obligation or expenditure.]
(5) The amounts may be obligated or expended only if
the Mayor notifies the Committees on Appropriations of
the House of Representatives and Senate in writing 30
days in advance of any obligation or expenditure.
* * * * * * *
Sec. 348. The amount appropriated by this Act may be
increased by an additional amount of $206,736,000 (including
$49,927,000 from local funds and $156,809,000 from other funds)
to be transferred by the Mayor of the District of Columbia to
the various headings under this Act as follows:
(1) $174,927,000 (including $34,927,000 from local
funds, and $140,000,000 from other funds) shall be
transferred under the heading ``Government Direction
and Support'': Provided, That of the funds, $33,000,000
from local funds shall remain available until expended:
Provided further, That of the funds, $140,000,000 from
other funds shall remain available until expended and
shall only be available in conjunction with revenue
from a private or alternative financing proposal
approved pursuant to section 106 of DC Act 15-717, the
Ballpark Omnibus Financing and Revenue Act of 2004
approved by the District of Columbia, December 29,
2004, and
(2) $15,000,000 from local funds shall be transferred
under the heading ``Repayment of Loans and Interest'',
and
(3) $14,000,000 from other funds shall be transferred
under the heading ``Sports and Entertainment
Commission'', and
(4) $2,809,000 from other funds shall be transferred
under the heading ``Water and Sewer Authority''.
* * * * * * *
ADDITIONAL VIEWS OF THE HONORABLE DAVID R. OBEY
The Administration's $75 billion FY 2005 emergency
supplemental funding request for the Department of Defense's
Iraq and Afghanistan operations comes in addition to $25
billion of emergency spending already provided for this year.
The Committee worked to craft a bill that will provide our
troops with the equipment and support they need, including body
armor, up-armored Humvees, electronic jammers, and a host of
other force protection gear and equipment repair. However, the
Administration's request, and to a slightly lesser degree, the
Committee's bill, remains lacking in one critical area--
accountability.
For example, the Department's request includes $7 billion
in funding for two new accounts--the Iraq and Afghanistan
security forces funds. The Department asked that no
restrictions be placed on this funding and that the Secretary
be given discretion to move these funds between any Federal
accounts--not just Defense Department accounts--that he alone
chooses. For this $7 billion request, the Department only
provided two pages of written justification. There is no
reporting requirement and no oversight provision whatsoever
mentioned in their request.
The Committee has rightly restricted this request in its
bill. I believe it did so because of the Committee's experience
with the Administration and the Department over the past three
years.
Once this supplemental is enacted, Congress will have
provided this Administration with almost $300 billion for
military and reconstruction efforts in Afghanistan and Iraq.
These funds have been provided, by and large, in the amounts
requested and for the activities proposed by the
Administration. They have been supplied in a manner that allows
the Administration, including the Secretary of Defense,
significant flexibility to address uncertainties. Indeed, the
Congress has gone beyond what I believe to be reasonable in
this regard. And what has the Congress received in return?
A rationale for going to war in Iraq--to stop
Hussein from using weapons of mass destruction. However, it
appears that information concerning his weapons capabilities
was greatly exaggerated.
An initial Administration estimate that Iraq
reconstruction would cost between $1 and $2 billion and could
be financed by Iraqi oil revenues. Yet, to date, Congress has
appropriated over $20 billion for Iraq reconstruction.
Administration claims that we would be greeted as
liberators and that 6 months after the invasion we would could
begin withdrawing troops. This was, of course, before the Iraqi
insurgency resulted in 1,500 U.S. troop deaths, thousands
injured, many more Iraqis killed, and a continuing U.S. troop
deployment in Iraq of around 150,000.
A failure to plan that has our troops still
struggling to protect themselves with scrap metal body armor
and deal with a myriad of other equipment shortages.
And finally, an Administration bent on obstructing
the Congress every time we seek information about the possible
future costs of this war. For example, the Army tells us it
will need an additional $10 to $12 billion just to refurbish
equipment used in Iraq and Afghanistan.
This Committee has an obligation to ensure that U.S. policy
is adequate to achieve success, is realistic, and is consistent
with our values as a nation. We also have an obligation to
ensure that the funds requested are adequately justified and
that the Administration is accountable for their use. Yet
repeatedly, when we have sought to meet our obligation, the
Administration and the Department has acted as if the Congress
is an ATM machine rather than a coequal branch of government
whose responsibility it is to conduct proper oversight. There
are a number of questions for which this Committee deserves
answers.
Sections 9010 and 9012 of last year's Defense
Appropriations Act called for the Department to submit reports
to Congress detailing cost estimates and plans for Operations
Iraqi Freedom and Enduring Freedom. These reports were due
October 31st of last year and January 1st of this year. They
have not been submitted. Why?
The Inspector General reported that almost $9 billion in
reconstruction funding has been mishandled and poorly accounted
for. What happened to this $9 billion?
At one time DoD stated that 220,000 Iraq security forces
had been trained and equipped. Now the Department says only
136,000. Yet, reports from the Pentagon indicate that only a
handful of these forces are truly ``mission capable''. What are
the standards that these forces must meet achieve before they
can likely perform their missions successfully? How many of
these forces and units have achieved these standards? What are
the goals and when will they likely be achieved?
The Army reports that it is planning to keep 120,000 troops
in Iraq for the next two years. Is this the appropriate troop
level to achieve U.S. objectives?
To fully and reasonably address the Department's funding
needs and have an informed debate about U.S. policy in Iraq and
Afghanistan, the Administration must be accountable for its
activities, its claims, and its plans and associated costs. The
Congress will provide every dime the troops need to do their
job, but we need some straight answers so that we can do ours.
This was part of my reasoning behind offering two amendments.
ACCOUNTABILITY FOR DEFENSE DEPARTMENT INTELLIGENCE OPERATIONS
My first amendment addressed the need for greater
accountability from the Defense Department regarding their
intelligence operations. Those closely monitoring events should
be familiar with reports about the Defense Department's
intelligence operation--the Office of Special Plans--that
advised the Secretary of Defense and the White House about
weapons of mass destruction in Iraq, how we would be welcomed
as ``liberators,'' how many troops we would need to win the
peace, and the costs of reconstruction. All of their
predictions turned out not just to be wrong, but wildly off the
mark and possibly purposely misleading.
Now, another equally serious problem exists. By relying on
a narrow reading of the intelligence laws and related reporting
procedures regarding some clandestine military operations, the
Pentagon has denied the Appropriations Committee and other
relevant Congressional committees the opportunity to
appropriately oversee these activities. The 9/11 Commission
criticized the Congress--specifically the Intelligence, Armed
Services, and Appropriations committees--for failing to
adequately oversee intelligence activities. Improving the
reporting procedures governing sensitive clandestine military
operations is essential to enhancing Congressional oversight.
The power of the purse is one of the few levers Congress
has to shape U.S. policy. Without a full understanding of
Executive branch intelligence activities, that power is
frustrated. The intelligence committees obviously have a need
to know about all covert and clandestine intelligence
activities. These committees embody the necessary checks and
balance on Executive branch intelligence activities. But the
Appropriations Committee has a constitutional requirement to
ensure that the American taxpayers' dollars are being well
spent and supporting sound public policy.
The Administration has stated that they will propose
changes to the current notification and reporting procedures
governing these sensitive military operations, which is why I
withdrew my amendment during the Committee mark-up. The
Administration has an obligation to act in good faith. If they
do not, Congress has an obligation to do what is necessary to
carry out its Constitutional responsibilities.
ACCOUNTABILITY IN GOVERNMENT CONTRACTING
My second amendment, which was rejected, would have
authorized the establishment of a select committee to
investigate and study the awarding and carrying out of
Government contracts to conduct activities in Afghanistan and
Iraq.
At the dawn of World War II, questions were being asked
about widespread stories of contractor mismanagement. At that
time, Senator Harry S Truman called on the Congress to create a
select committee to study and investigate procurement and
manufacturing, which it did on March 1, 1941. From its creation
until it expired in 1948, the Select Committee to Investigate
the National Defense Program, known as the Truman Committee,
held 432 public hearings and 300 executive sessions, conducted
hundreds of fact-finding missions, issued 51 reports and saved
the taxpayers billions of dollars. Throughout, the Committee
earned high marks for its thoroughness and efficiency. It is
interesting to note that the Truman Committee was authorized by
a Democratic Congress to examine the conduct of a Democratic
administration.
If they were serving the Congress today, Truman Committee
members would hear a great deal that sounds familiar in the
news about contracting in Iraq. For example:
The Inspector General has reported that nearly $9
billion of money spent on Iraqi reconstruction is unaccounted
for because of inefficiencies and bad management. Auditors
stated they were unable to verify that the Iraqi money was
spent for its intended purpose. In one case, the Inspector
General raised the possibility that thousands of ``ghost
employees'' were on an unnamed ministry's payroll.
lt has been reported in the press that
whistleblowers have claimed that a government contractor
defrauded the Coalition Provisional Authority of tens of
millions of dollars in Iraq reconstruction funds. In one case,
a firm was allegedly paid $15 million to provide security for
civilian flights into Baghdad even though no planes flew during
the term of the contract.
Just recently, it was reported by the New York
Times that the Pentagon awarded a contract to provide thousands
of bulletproof ceramic plate inserts to, ``a former Army
researcher who had never mass-produced anything.'' According to
this story, the contractor ``struggled for a year, then gave up
entirely.'' From the day the order was placed by the Pentagon,
it took 167 days for troops in Iraq to begin receiving the
inserts.
What is in question is how taxpayer dollars are being
spent, whether taxpayers are getting their money's worth, and
whether the high-quality equipment and services that America's
soldiers deserve and require are being delivered. The creation
of a modern-day Truman Committee would help get to the bottom
of these issues. The amendment was defeated, but we believe it
is the obligation of the House to reverse that action.
THE NEXT SUPPLEMENTAL
This supplemental appropriations bill will soon become law.
But, before the ink of the President's signature dries, we will
already have known for a fact that this Congress will be asked
to provide another $60 to $80 billion in the near future. Yet,
even though the Army plans on having 120,000 in Iraq in 2006,
the Administration has not requested funding for Iraq and
Afghanistan in the FY 2006 Department budget request and the
Administration's long-range budget estimates contain no funding
for these missions.
What is most disturbing is not that the Administration
continues to provide the facts about Iraq to this Committee,
the Congress, and the American people on the installment plan.
This would not be the first administration to attempt to
circumvent Congressional oversight whenever possible. What is
most disturbing is that the Congress--three years, $200
billion, and 1,500 American lives later--continues to allow it
to happen. Most alarming of all is that the debate over the
next supplemental will likely sound identical to that
surrounding this $75 billion request. The nearly nonexistent
nature of Congressional oversight today will make sure of it.
Dave Obey.