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Calendar No. 296
108th Congress Report
SENATE
1st Session 108-160
======================================================================
EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR IRAQ AND AFGHANISTAN SECURITY
AND RECONSTRUCTION, 2004
_______
October 2, 2003.--Ordered to be printed
_______
Mr. Stevens, from the Committee on Appropriations,
submitted the following
R E P O R T
[To accompany S. 1689]
The Committee on Appropriations reports the bill (S. 1689)
making emergency supplemental appropriations for Iraq and
Afghanistan security and reconstruction for the fiscal year
ending September 30, 2004, and for other purposes, reports
favorably thereon and recommends that the bill do pass.
C O N T E N T S
----------
Page
Background....................................................... 3
Title I--National Security:
Chapter 1: Subcommittee on Defense........................... 4
Chapter 2: Subcommittee on Military Construction............. 10
Chapter 3: General Provisions, This Title.................... 11
Title II--International Affairs:
Chapter 1: Subcommittee on Commerce, Justice, and State, the
Judiciary, and Related Agencies.......................... 13
Chapter 2: Subcommittee on Foreign Operations, Export
Financing, and Related Programs............................ 14
Chapter 3: General Provisions, This Title.................... 17
Title III--General Provision, This Act........................... 19
Compliance With Paragraph 7, Rule XVI of the Standing Rules of
the Sen-
ate............................................................ 20
Compliance With Paragraph 7(c), Rule XXVI of the Standing Rules
of the Senate.................................................. 20
Compliance With Paragraph 12, Rule XXVI of the Standing Rules of
the Senate..................................................... 21
Budgetary Impact................................................. 21
BACKGROUND
This bill makes appropriations for the military functions
of the Department of Defense as it prosecutes the war in Iraq
and Afghanistan, as well as for relief and reconstruction
efforts in Iraq and Afghanistan, and to continue anti-terrorism
efforts around the world.
Hearings
The Committee held hearings on September 22, 24, and 25,
2003 and heard testimony from Ambassador Paul Bremer; Hon.
Donald Rumsfeld, Secretary of Defense; General Richard Meyers,
Chairman, Joint Chiefs of Staff; General John Abizaid,
Commanding General United States Central Command; Dr. Dov
Zakheim, Under Secrteary of Defense (Comptroller); Peter
Rodman, Assistant Secretary of Defense Secretary for
International Security Affairs; and General Peter Pace, Vice
Chairman, Joint Chief of Staff from the Department of Defense.
Summary of the Bill
On September 17, 2003, the President submitted requests for
$87,039,804,000 in new budget authority for programs under the
Department of Defense, Department of State, United States
Agency for International Development, and the Iraq Relief and
Reconstruction Fund. The Committee recommends $87,004,004,000
in new budget authority.
The President's supplemental requests are contained in
budget estimate No. 17, transmitted on September 17, 2003 (H.
Doc. 108-126).
Committee Priorities
The primary goals of this bill are to fund the ongoing
military operations in Iraq and Afghanistan as well as relief
and reconstruction activities in those countries. To accomplish
the first goal, the Committee is providing $66,560,004,000 to
prosecute the war in Iraq and Afghanistan. These funds are for
increased operational tempo, military personnel costs, military
construction, procurement of equipment, increased maintenance
and military health care support. To achieve the second goal,
the Committee is providing $21,444,000,000 to help secure the
transition to democracy in both Iraq and Afghanistan. These
funds are for enhanced security and reconstruction activities
including border enforcement, building a national police
service in Iraq, standing up a new Iraqi army and continued
building of the Afghan National Army, reconstituted judicial
systems, rehabilitation of Iraq's oil infrastructure, and
provision of basic electricity, water and sewer services and
other critical reconstruction needs in Iraq and Afghanistan.
TITLE I--NATIONAL SECURITY
CHAPTER 1
Subcommittee on Defense
DEPARTMENT OF DEFENSE
2004 supplemental estimate.............................. $65,147,554,000
Committee recommendation................................ 65,147,554,000
MILITARY PERSONNEL
Special Pays and Allowances
The Supplemental request includes $1,248,200,000 for
enhanced Special Pays included Family Separation Allowance
[FSA], Imminent Danger Pay [IDP], and Hostile Duty Pay [HDP].
The Department's request would fund FSA and IDP at the enhanced
levels authorized in the fiscal year 2003 Emergency Wartime
Supplemental Appropriation Act (Public Law 108-11) for the
first 3 months of the fiscal year. Beginning January 1, 2004,
the Department requests that FSA and IDP return to the levels
authorized prior to enactment of Public Law 108-11, and that
the Committee authorize an increase in Hardship Duty Pay to
offset the reductions to FSA and IDP. However, the requested
increase in HDP would only cover those individuals serving in
the combat zone in support of Operation Iraqi Freedom and
Operation Enduring Freedom. The Department's proposal would not
provide a benefit to those servicemembers who have been
mobilized and deployed throughout the United States in support
of Operation Noble Eagle, nor would it provide a benefit to
those servicemembers deployed overseas in support of other
contingency operations such as Bosnia and Kosovo. The Committee
does not approve the Department's request, and instead supports
the continuation of FSA and IDP at the levels authorized in
Public Law108-11 for all of fiscal year 2004. The Committee
directs the Department to use the funds requested for increased
Hardship Duty Pay to fund the full year increase to FSA and IDP
for all eligible recipients.
Military Personnel, Army
2004 supplemental estimate.............................. $12,858,870,000
Committee recommendation................................ 12,858,870,000
The Committee recommends $12,858,870,000 for Military
Personnel, Army. The recommendation is equal to the estimate.
Military Personnel, Navy
2004 supplemental estimate.............................. $816,100,000
Committee recommendation................................ 816,100,000
The Committee recommends $816,100,000 for Military
Personnel, Navy. The recommendation is equal to the estimate.
Military Personnel, Marine Corps
2004 supplemental estimate.............................. $753,190,000
Committee recommendation................................ 753,190,000
The Committee recommends $753,190,000 for Military
Personnel, Marine Corps. The recommendation is equal to the
estimate.
Military Personnel, Air Force
2004 supplemental estimate.............................. $3,384,700,000
Committee recommendation................................ 3,384,700,000
The Committee recommends $3,384,700,000 for Military
Personnel, Air Force. The recommendation is equal to the
estimate.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
2004 supplemental estimate.............................. $24,190,464,000
Committee recommendation................................ 24,946,464,000
The Committee recommends $24,946,464,000 for Operation and
Maintenance, Army. The recommendation is $756,000,000 above the
estimate.
The Committee is concerned that the estimate does not fully
reflect the Army's contingency costs to sustain ongoing
operations, or the costs necessary to reset the force. This
places the Army at considerable financial risk during fiscal
year 2004. Accordingly, the Committee recommends an increase of
$756,000,000 to the estimate as follows:
------------------------------------------------------------------------
SAPI body armor/Rapid Fielding Initiative/battlefield +$300,000,000
EOD cleanup..........................................
Increased organizational level maintenance +200,000,000
requirements.........................................
Second destination transportation for depot +174,000,000
maintenance..........................................
Theater stabilization communications.................. +72,000,000
Army and Air Force Exchange Service support for +10,000,000
deployed forces......................................
------------------------------------------------------------------------
The Committee has included $858,200,000 for the
Administrative and Operating Costs for the Coalition
Provisional Authority [CPA]. The Committee directs the
Department to use funds from the Iraq Freedom Fund if the
requirements for CPA exceed the $858,200,000 appropriated under
this heading.
Operation and Maintenance, Navy
2004 supplemental estimate.............................. $2,106,258,000
Committee recommendation................................ 1,976,258,000
The Committee recommends $1,976,258,000 for Operation and
Maintenance, Navy. The recommendation is $130,000,000 below the
estimate.
The Committee recommends a reduction of $130,000,000 to the
estimate as follows:
------------------------------------------------------------------------
Excess increased operational tempo.................... -$130,000,000
------------------------------------------------------------------------
Operation and Maintenance, Marine Corps
2004 supplemental estimate.............................. $1,198,981,000
Committee recommendation................................ 1,198,981,000
The Committee recommends $1,198,981,000 for Operation and
Maintenance, Marine Corps. The recommendation is equal to the
estimate.
Operation and Maintenance, Air Force
2004 supplemental estimate.............................. $5,948,368,000
Committee recommendation................................ 5,516,368,000
The Committee recommends $5,516,368,000 for Operation and
Maintenance, Air Force. The recommendation is $432,000,000
below the estimate.
The Committee recommends a reduction of $432,000,000 to the
estimate as follows:
------------------------------------------------------------------------
Unjustified ``incremental contingency costs''......... -$200,000,000
Excess inter/intra-theater airlift.................... -132,000,000
Excess DPEM........................................... -100,000,000
------------------------------------------------------------------------
Operation and Maintenance, Defense-Wide
2004 supplemental estimate.............................. $4,618,452,000
Committee recommendation................................ 4,218,452,000
The Committee recommends $4,218,452,000 for Operation and
Maintenance, Defense-Wide. The recommendation is $400,000,000
below the estimate.
The Committee recommends a reduction of $400,000,000 to the
estimate as follows:
------------------------------------------------------------------------
Excess support to key cooperating nations............. -$400,000,000
------------------------------------------------------------------------
Operation and Maintenance, Marine Corps Reserve
2004 supplemental estimate.............................. $16,000,000
Committee recommendation................................ 16,000,000
The Committee recommends $16,000,000 for Operation and
Maintenance, Marine Corps Reserve. The recommendation is equal
to the estimate.
Operation and Maintenance, Air Force Reserve
2004 supplemental estimate.............................. $53,000,000
Committee recommendation................................ 53,000,000
The Committee recommends $53,000,000 for Operation and
Maintenance, Air Force Reserve. The recommendation is equal to
the estimate.
Operation and Maintenance, Air National Guard
2004 supplemental estimate.............................. $214,000,000
Committee recommendation................................ 214,000,000
The Committee recommends $214,000,000 for Operation and
Maintenance, Air National Guard. The recommendation is equal to
the estimate.
Overseas Humanitarian, Disaster, and Civic Aid
2004 supplemental estimate.............................. $35,500,000
Committee recommendation................................ 35,500,000
The Committee recommends $35,500,000 for Overseas
Humanitarian, Disaster, and Civic Aid. The recommendation is
equal to the estimate.
Iraq Freedom Fund
2004 supplemental estimate.............................. $1,988,600,000
Committee recommendation................................ 1,988,600,000
The Committee recommends $1,988,600,000 for the Iraq
Freedom Fund. The recommendation is equal to the estimate.
PROCUREMENT
Missile Procurement, Army
2004 supplemental estimate.............................. $6,200,000
Committee recommendation................................ 6,200,000
The Committee recommends $6,200,000 for Missile
Procurement, Army. The recommendation is equal to the estimate.
Procurement of Weapons and Tracked Combat Vehicles, Army
2004 supplemental estimate.............................. $46,000,000
Committee recommendation................................ 104,000,000
The Committee recommends $104,000,000 for Procurement of
Weapons and Tracked Combat Vehicles, Army. The recommendation
is $58,000,000 above the estimate.
The Committee recommends an increase of $58,000,000 to the
estimate as follows:
------------------------------------------------------------------------
Replenishment of Army Prepositioned Stock items +$58,000,000
destroyed during combat operations...................
------------------------------------------------------------------------
Other Procurement, Army
2004 supplemental estimate.............................. $930,687,000
Committee recommendation................................ 1,078,687,000
The Committee recommends $1,078,687,000 for Other
Procurement, Army. The recommendation is $148,000,000 above the
estimate.
The Committee recommends an increase of $148,000,000 to the
estimate as follows:
------------------------------------------------------------------------
Theater stabilization communications.................. +$64,000,000
Replenishment of Army Prepositioned Stock items +84,000,000
destroyed during combat operations...................
------------------------------------------------------------------------
Aircraft Procurement, Navy
2004 supplemental estimate.............................. $128,600,000
Committee recommendation................................ 128,600,000
The Committee recommends $128,600,000 for Aircraft
Procurement, Navy. The recommendation is equal to the estimate.
Other Procurement, Navy
2004 supplemental estimate.............................. $76,357,000
Committee recommendation................................ 76,357,000
The Committee recommends $76,357,000 for Other Procurement,
Navy. The recommendation is equal to the estimate.
Procurement, Marine Corps
2004 supplemental estimate.............................. $123,397,000
Committee recommendation................................ 123,397,000
The Committee recommends $123,397,000 for Procurement,
Marine Corps. The recommendation is equal to the estimate.
Aircraft Procurement, Air Force
2004 supplemental estimate.............................. $40,972,000
Committee recommendation................................ 40,972,000
The Committee recommends $40,972,000 for Aircraft
Procurement, Air Force. The recommendation is equal to the
estimate.
Missile Procurement, Air Force
2004 supplemental estimate.............................. $20,450,000
Committee recommendation................................ 20,450,000
The Committee recommends $20,450,000 for Missile
Procurement, Air Force. The recommendation is equal to the
estimate.
Other Procurement, Air Force
2004 supplemental estimate.............................. $3,441,006,000
Committee recommendation................................ 3,441,006,000
The Committee recommends $3,441,006,000 for Other
Procurement, Air Force. The recommendation is equal to the
estimate.
Procurement, Defense-Wide
2004 supplemental estimate.............................. $435,635,000
Committee recommendation................................ 435,635,000
The Committee recommends $435,635,000 for Procurement,
Defense-Wide. The recommendation is equal to the estimate.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Navy
2004 supplemental estimate.............................. $34,000,000
Committee recommendation................................ 34,000,000
The Committee recommends $34,000,000 for Research,
Development, Test and Evaluation, Navy. The recommendation is
equal to the estimate.
Research, Development, Test and Evaluation, Air Force
2004 supplemental estimate.............................. $39,070,000
Committee recommendation................................ 39,070,000
The Committee recommends $39,070,000 for Research,
Development, Test and Evaluation, Air Force. The recommendation
is equal to the estimate.
Research, Development, Test and Evaluation, Defense-Wide
2004 supplemental estimate.............................. $265,817,000
Committee recommendation................................ 265,817,000
The Committee recommends $265,817,000 for Research,
Development, Test and Evaluation, Defense-Wide. The
recommendation is equal to the estimate.
REVOLVING AND MANAGEMENT FUNDS
Working Capital Funds, Defense-Wide
2004 supplemental estimate.............................. $600,000,000
Committee recommendation................................ 600,000,000
The Committee recommends $600,000,000 for Defense Working
Capital Funds. The recommendation is equal to the estimate.
National Defense Sealift Fund
2004 supplemental estimate.............................. $24,000,000
Committee recommendation................................ 24,000,000
The Committee recommends $24,000,000 for the National
Defense Sealift Fund. The recommendation is equal to the
estimate.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
2004 supplemental estimate.............................. $658,380,000
Committee recommendation................................ 658,380,000
The Committee recommends $658,380,000 for the Defense
Health Program. The recommendation is equal to the estimate.
Drug Interdiction and Counter-Drug Activities, Defense
2004 supplemental estimate.............................. $73,000,000
Committee recommendation................................ 73,000,000
The Committee recommends $73,000,000 for Drug Interdiction
and Counter-Drug Activities, Defense. The recommendation is
equal to the estimate.
RELATED AGENCIES
Intelligence Community Management Account
2004 supplemental estimate.............................. $21,500,000
Committee recommendation................................ 21,500,000
The Committee recommends $21,500,000 for the Intelligence
Community Management Account. The recommendation is equal to
the estimate.
CHAPTER 2
Subcommittee on Military Construction
MILITARY CONSTRUCTION
Military Construction, Army
2004 supplemental estimate.............................. $119,900,000
Committee recommendation................................ 119,900,000
The Committee recommends an additional $119,900,000 for
Military Construction, Army, to be used as follows:
------------------------------------------------------------------------
Base Camp Support Facilities, Iraq...................... $115,900,000
Planning and Design..................................... 4,000,000
------------------------------------------------------------------------
The Committee fully supports the administration's request
to provide adequate support facilities for United States
soldiers serving in base camps in Iraq, but is concerned that
project details and justifications contained in the
administration's request for these facilities were not
sufficiently defined. The Committee therefore directs that the
Army brief the congressional defense committees on its final
plans for these facilities before obligating any of the
military construction funds appropriated in this Act.
Military Construction, Air Force
2004 supplemental estimate.............................. $292,550,000
Committee recommendation................................ 292,550,000
The Committee recommends an additional $292,550,000 for
Military Construction, Air Force, to be used as follows:
------------------------------------------------------------------------
Airfield Runway Repair, Bagram, Afghanistan............. $48,000,000
Airfreight Terminal, Dover Air Force Base, Delaware..... 56,000,000
AEF FOL Communications Remote Switch Facility, Diego 3,450,000
Garcia.................................................
Munitions Maintenance, Storage, and Wash Pad, Camp 5,000,000
Darby, Italy...........................................
Ramp and Fuel Hydrant System, Al Dhafra, United Arab 47,000,000
Emirates...............................................
Airlift Ramp, Balad Air Base, Iraq...................... 18,000,000
Airlift Aprons (Confidential Location).................. 17,500,000
Tactical/Strategic Ramp Expansion, Al Udeid Air Base, 20,000,000
Qatar..................................................
Refueler Ramp, Al Udeid Air Base, Qatar................. 40,000,000
Temporary Cantonment Area, Al Dhafra Air Base, United 15,300,000
Arab Emirates..........................................
Planning and Design..................................... 22,300,000
------------------------------------------------------------------------
The Committee supports the administration's request for
additional military construction funds for Air Force facilities
in Southwest Asia. However, while the Air Force has provided
detail about specific projects, it has provided little
information about its overall plan for facilities in the
theater of operations and how projects contained in the
supplemental request fit into that plan. The Committee
therefore directs the Air Force to report to the congressional
defense committees, in both classified and unclassified form,
on its master plan for facilities in the Central Command area
of responsibility, including the planned disposition of
aircraft and personnel, no later than December 1, 2003.
CHAPTER 3
GENERAL PROVISIONS, THIS TITLE
Sec. 301. The Committee recommendation amends a provision
proposed by the Administration which allows the Department of
Defense to reimburse the Services for a drawdown authority
under the Afghanistan Freedom Support Act of 2002.
Sec. 302. The Committee recommendation modifies a provision
proposed by the Administration which provides the Secretary of
Defense with additional transfer authority.
Sec. 303. The Committee recommendation includes a provision
proposed by the Administration which provides specific
authorization for the funds appropriated in this title for
intelligence activities.
Sec. 304. The Committee recommendation includes a new
provision regarding the alteration of command responsibility or
permanent assignment of forces.
Sec. 305. The Committee recommendation includes a provision
proposed by the Administration which sustains existing
authority to cover travel and transportation benefits for
family members of military personnel injured during Operation
Iraqi Freedom, Operation Enduring Freedom, or Operation Noble
Eagle.
Sec. 306. The Committee recommendation includes a provision
that sustains the increase in the statutory maximum payable for
Imminent Danger Pay and Family Separation Allowance.
Sec. 307. The Committee recommendation includes a provision
recommended by the Administration which allows the Department
to make necessary accounting adjustments to the Defense
Emergency Response Fund.
Sec. 308. The Committee recommendation includes a new
provision that requires the Secretary of Defense to provide a
report to the Committees on Appropriations.
Sec. 309. The Committee recommendation includes a new
provision that requires the Department of Defense to describe
alternatives for replacing the capabilities of the KC-135 fleet
of aircraft.
Sec. 310. The Committee recommendation includes a new
provision which limits the use of procurement and research,
development, test and evaluation funds.
Sec. 311. The Committee recommendation includes a provision
proposed by the Administration which allows the Department to
use funds for supplies, services, transportation, and other
logistical support of troops supporting military and stability
operations in Iraq.
Sec. 312. The Committee recommends a provision proposed by
the Administration which allows training and equipping the
Afghanistan National Army and the New Iraqi Army.
Sec. 313. The Committee recommendation includes a provision
requiring a report on military readiness.
Sec. 314. The Committee recommendation includes a provision
regarding the exemption of certain members of the Armed Forces
from the requirement to pay subsistence charges while
hospitalized.
Sec. 315. The Committee recommends a general provision
which provides the Secretary of Defense with additional
authority for contingency military construction expenses
necessary to protect against or respond to acts of terrorism,
or to support Department of Defense operations in Iraq.
TITLE II--INTERNATIONAL AFFAIRS
CHAPTER 1
Subcommittee on Commerce, Justice, and State, the Judiciary, and
Related Agencies
DEPARTMENT OF STATE
Administration of Foreign Affairs
DIPLOMATIC AND CONSULAR PROGRAMS
(INCLUDING RESCISSION)
2004 supplemental estimate.............................. $76,300,000
Committee recommendation................................ 35,800,000
The Committee recommends a rescission and re-appropriation
of $35,800,000 for the costs of security and operations related
to the establishment of United States diplomatic presences in
Iraq and Afghanistan. The recommendation is $40,500,000 below
the request. The problem of Machine Readable Visa [MRV] fee
shortfalls is addressed under the Emergencies in the Diplomatic
and Consular Service account. Funds previously appropriated
under this heading in the Emergency Wartime Supplemental
Appropriations Act of 2003 are subject to the standard
reprogramming procedures set forth in section 605, Division B
of Public Law 108-7.
EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE
2004 supplemental estimate.............................. $60,500,000
Committee recommendation................................................
The Committee does not recommend any funding for Embassy
security, construction and maintenance. The recommendation is
$60,500,000 below the supplemental budget request. The request
included $60,500,000 to construct an interim United States
diplomatic facility in Iraq. The Committee reminds the
Department that $61,500,000 was provided for this purpose in
Public Law 108-11, the Emergency Wartime Supplemental
Appropriations Act of 2003. The Committee is aware of the
Department's reprogramming request to utilize $43,900,000 of
these funds to construct an interim facility for United States
Agency for International Development and other United States
Government employees engaged in reconstruction efforts in
Afghanistan and $16,600,000 of these funds to cover the
personnel, transportation, and equipment costs of United States
Government officials tasked with advising the Afghan
transitional government on reconstruction. This request is
contained under the ``Capital investment fund'' of chapter 2 of
this title. Also, the Committee approves the Department's
reprogramming request to utilize $14,500,000 under Worldwide
Security Upgrades for security requirements in Afghanistan, and
directs that these funds only be used for the security of the
main United States Embassy compound and security assistance to
United Nations offices and personnel and non-governmental
organization offices and personnel.
EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE
2004 supplemental estimate.............................. $50,000,000
Committee recommendation................................ 90,500,000
The Committee recommends $90,500,000 for Emergencies in the
Diplomatic and Consular Service. The recommendation is
$40,500,000 above the supplemental budget request. Funds
provided under this heading will ensure that rewards of up to
$25,000,000 may be paid for Osama bin Laden and Saddam Hussein.
The recommendation also includes language directing that
$2,000,000 of previously appropriated funds be made available
for a reward for the person deemed most responsible by the
Special Court for Sierra Leone for the war crimes, crimes
against humanity, and serious violations of international
humanitarian law that took place during Sierra Leone's civil
war. The recommendation also includes language directing that
$8,451,000 in carryover balances be transferred to and merged
with the Diplomatic and Consular Programs account for the
Department's consular, or ``border security'' operations.
CHAPTER 2
Subcommittee on Foreign Operations, Export Financing, and Related
Programs
BILATERAL ECONOMIC ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
United States Agency for International Development
OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT
2004 supplemental estimate.............................. $40,000,000
Committee recommendation................................ 40,000,000
The Committee provides $40,000,000 for an additional amount
for Operating Expenses of the United States Agency for
International Development for costs associated with
reconstruction and other activities in Iraq and Afghanistan.
CAPITAL INVESTMENT FUND
2004 supplemental estimate..............................................
Committee recommendation................................ $60,500,000
The Committee provides $60,500,000 for an additional amount
for the Capital Investment Fund for safe and secure facilities
in Afghanistan, Iraq, and elsewhere.
OTHER BILATERAL ECONOMIC ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
Iraq Relief and Reconstruction Fund
(INCLUDING TRANSFERS OF FUNDS)
2004 supplemental estimate.............................. $20,304,000,000
Committee recommendation................................ 20,304,000,000
The Committee provides $20,304,000,000 for the Iraq Relief
and Reconstruction Fund for security, rehabilitation and
reconstruction in Iraq.
The Committee notes that funds appropriated under this
heading are subject to the regular notification procedures of
the Committees on Appropriations, except that notification
shall be transmitted at least 5 days in advance of the
obligation of funds. The Committee also provides that funds
allocated under this heading for programs and sectors may be
reallocated by the President for those programs and sectors.
The Committee strongly supports programs and activities to
promote freedom, democratic institutions, and the rule of law
in Iraq and provides that not less than $100,000,000 shall be
made available for democracy building activities in that
country in support of the development and ratification of a
constitution, national elections and women's development
programs. The Committee directs that not less than $5,000,000
be made available to Iraqi nongovernmental organizations in
Iraq in a timely manner, in grants of up to $100,000. The
Committee also expects sufficient funding to be provided to the
National Endowment for Democracy, the International Republican
Institute and the National Democratic Institute for political
party and other democracy building activities.
The Committee recommends not less than $20,000,000 for
media outreach activities in Iraq that utilizes low cost,
advanced technology tools.
The Committee recommends $5,000,000 for a program, such as
that administered by the International Commission on Missing
Persons, to locate, recover, and identify Iraqis missing as a
result of authoritarian rule or conflict.
The Committee again provides that funds shall be made
available for Iraqi civilians who suffer losses as a result of
military operations in Iraq. The Committee supports the
provision of medical, rehabilitation, shelter, microcredit and
other appropriate assistance to these individuals. The
Committee expects all relevant agencies and organizations to
coordinate efforts in providing this assistance.
The Committee recognizes that conflict and decades of
neglect devastated Iraq's health infrastructure, resulting in a
lack of medical equipment and supplies, and health
professionals with expertise in pediatric medical specialties.
The Committee is concerned that children with critical health
problems cannot obtain life-saving treatments in Iraq. The
Committee strongly supports activities that can have an
immediate impact in addressing the needs of these children,
such as the Emergency Health Services for the Children of Iraq
program sponsored jointly by Kurdish Human Rights Watch and
Vanderbilt University Children's Hospital.
The Committee notes the important contributions that
nongovernmental organizations have made to relief and
reconstruction efforts in Iraq, and urges that they be utilized
to the maximum extent practicable. The Committee also
recommends that organizations with experience in post-conflict
governance matters--such as the United States Institute of
Peace--be utilized in reconstruction efforts in Iraq and
Afghanistan.
The Committee recommends that not less than $2,000,000 be
made available to support organizations working in Iraq,
Afghanistan and other complex humanitarian emergency and war
settings, to apply public health strategies and epidemiology to
mitigate the impact of the conflict on civilian populations.
Programs supported should include those which collect, analyze,
and use multi-sector data for programmatic decision-making and
evaluation of assistance programs during and after conflict.
Economic Support Fund
2004 supplemental estimate.............................. $422,000,000
Committee recommendation................................ 422,000,000
The Committee provides $422,000,000 for an additional
amount for Economic Support Fund (ESF) for accelerated
assistance for Afghanistan.
The Committee also provides authority to use up to
$200,000,000 in Economic Support Funds contained in the Foreign
Operations, Export Financing, and Related Programs
Appropriations Act, 2004 for debt reduction for Pakistan.
The Committee recognizes the progress of Internews in the
establishment of independent news media in Afghanistan.
However, absent additional long-term support opportunities for
advancement may be lost. The Committee recommends that
additional funds be made available for the expansion of local
stations to regional stations, the establishment of national
independent broadcasting, and support for daily news programs.
The Committee directs that not less than $15,000,000 be
made available for media outreach activities in Afghanistan
that utilizes low cost, advanced technology tools.
In addition to other purposes for which ESF assistance is
used in Afghanistan, not less than $5,000,000 should be made
available through appropriate humanitarian organizations for
additional food, clothing, heating and cooking fuel, emergency
shelter materials, and other basic necessities for displaced
Afghans in Kabul.
United States Emergency Fund for Complex Foreign Crises
2004 supplemental estimate.............................. $100,000,000
Committee recommendation................................ 100,000,000
The Committee provides $100,000,000 for the United States
Emergency Fund for Complex Foreign Crises. While the Committee
understands the need for flexibility in meeting unforeseen
complex foreign crises, it includes congressional notification
for these funds, which may be waived if human health or welfare
is at substantial risk.
Among other activities, the Committee expects these funds
to support operations and programs to prevent or respond to
foreign territorial disputes, armed ethnic and civil conflicts
that pose threats to regional and international peace, and acts
of ethnic cleansing, mass killing or genocide. In addition, the
Committee supports the use of these funds for peace and
humanitarian efforts, such as required in Liberia.
DEPARTMENT OF STATE
International Narcotics Control and Law Enforcement
2004 supplemental estimate.............................. $120,000,000
Committee recommendation................................ 120,000,000
The Committee provides $120,000,000 for an additional
amount in International Narcotics Control and Law Enforcement
assistance for Afghanistan. The Committee expects $110,000,000
to be used to train, equip, and deploy additional police in
Afghanistan, and $10,000,000 to be used to support the training
of prosecutors, public defenders and judges in Afghanistan and
to meet infrastructure needs of the Afghan legal sector.
Nonproliferation, Anti-Terrorism, Demining and Related Programs
2004 supplemental estimate.............................. $35,000,000
Committee recommendation................................ 35,000,000
The Committee provides $35,000,000 for an additional amount
for Nonproliferation, Anti-Terrorism, Demining and Related
Programs to support anti-terrorism training and equipment needs
in Afghanistan.
MILITARY ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
Foreign Military Financing Program
2004 supplemental estimate.............................. $222,000,000
Committee recommendation................................ 222,000,000
The Committee provides $222,000,000 for the Foreign
Military Financing Program. The Committee strongly supports the
use of these funds to accelerate assistance to build the new
Afghanistan army.
Peacekeeping Operations
2004 supplemental estimate.............................. $50,000,000
Committee recommendation................................ 50,000,000
The Committee provides $50,000,000 for an additional amount
for Peacekeeping Operations to support multinational
peacekeeping needs in Iraq and other unanticipated peacekeeping
crises.
CHAPTER 3
GENERAL PROVISIONS, THIS TITLE
Sec. 2301. The Committee includes transfer authority
between accounts in chapter 2 of this title, with the total
amount authorized to be transferred not to exceed $200,000,000.
The Committee directs that it be consulted before this
authority is exercised. The Committee includes the same
notification requirement as contained in section 501 of Public
Law 108-11.
Sec. 2302. The Committee includes authority permitting
assistance or other financing contained in chapter 2 of this
title for Iraq notwithstanding any other provision of law.
Sec. 2303. The Committee includes authority to allow
appropriations provided in chapter 2 of this title to be made
available without specific authorization of such appropriation.
Sec. 2304. The Committee extends section 1503 of Public Law
108-11 through September 30, 2005. The Committee notes that
extending the inapplicability of section 307 of the Foreign
Assistance Act of 1961 is particularly important as the United
States pursues long-range efforts to assist Iraq and marshal
resources from the international community.
Sec. 2305. The Committee amends the first proviso of
section 1504 of Public Law 108-11 to include Iraqi military,
private security force, other official security forces, police
force, or forces from other countries in Iraq supporting United
States efforts in Iraq. The Committee notes that other official
security forces include Ministry of Interior forces, border
guards, and civil defense forces. The Committee also notes that
a private security force include those providing security
services to contractors, nongovernmental organizations or other
organizations affiliated with United States efforts in Iraq.
Sec. 2306. The Committee extends key provisions of Public
Law 107-57 regarding restrictions that would otherwise limit
assistance to Pakistan.
Sec. 2307. The Committee includes authority to allow the
Overseas Private Investment Corporation to provide political
risk insurance, direct loans, and guarantees in Iraq.
Sec. 2308. The Committee includes a notification
requirement for certain accounts under chapter 2 of this title.
Sec. 2309. The Committee provides that the Secretary of
State shall submit a report on a monthly basis detailing Iraq
oil production and oil revenues.
Sec. 2310. The Committee directs that none of the funds in
this Act may be used to pay debts incurred by the former
government.
TITLE III--GENERAL PROVISION, THIS ACT
Sec. 3001. The Committee recommends that all the funds in
the bill be designated by the Congress as emergency
requirements pursuant to section 502 of House Concurrent
Resolution 95 (108th Congress), the fiscal year 2004 concurrent
resolution on the budget, as proposed by the President.
COMPLIANCE WITH PARAGRAPH 7, RULE XVI OF THE STANDING RULES OF THE
SENATE
Paragraph 7 of rule XVI requires that Committee reports on
general appropriations bills identify, with particularity, each
Committee amendment to the House bill ``which proposes an item
of appropriation which is not made to carry out the provisions
of an existing law, a treaty stipulation, or an act or
resolution previously passed by the Senate during that
session.''
The accompanying bill contains the following items which
lack authorization:
The Committee is filing an original bill.
COMPLIANCE WITH PARAGRAPH 7(C), RULE XXVI OF THE STANDING RULES OF THE
SENATE
Pursuant to paragraph 7(c) of rule XXVI, on September 30,
2003, the Committee ordered reported S. 1689, an original bill
making emergency appropriations Iraq and Afghanistan security
and reconstruction for the fiscal year ending September 30,
2004, subject to amendment and subject to the budget
allocation, by a recorded vote of 29-0, a quorum being present.
The vote was as follows:
Yeas Nays
Chairman Stevens
Mr. Cochran
Mr. Specter
Mr. Domenici
Mr. Bond
Mr. McConnell
Mr. Burns
Mr. Shelby
Mr. Gregg
Mr. Bennett
Mr. Campbell
Mr. Craig
Mrs. Hutchison
Mr. DeWine
Mr. Brownback
Mr. Byrd
Mr. Inouye
Mr. Hollings
Mr. Leahy
Mr. Harkin
Ms. Mikulski
Mr. Reid
Mr. Kohl
Mrs. Murray
Mr. Dorgan
Mrs. Feinstein
Mr. Durbin
Mr. Johnson
Ms. Landrieu
COMPLIANCE WITH PARAGRAPH 12, RULE XXVI OF THE STANDING RULES OF THE
SENATE
Paragraph 12 of rule XXVI requires that Committee reports
on a bill or joint resolution repealing or amending any statute
or part of any statute include ``(a) the text of the statute or
part thereof which is proposed to be repealed; and (b) a
comparative print of that part of the bill or joint resolution
making the amendment and of the statute or part thereof
proposed to be amended, showing by stricken-through type and
italics, parallel columns, or other appropriate typographical
devices the omissions and insertions which would be made by the
bill or joint resolution if enacted in the form recommended by
the committee.''
In compliance with this rule, the following changes in
existing law proposed to be made by the bill are shown as
follows: existing law to be omitted is enclosed in black
brackets; new matter is printed in Italics; and existing law in
which no change is proposed is shown in Roman.
With respect to this bill, it is the opinion of the
Committee that it is necessary to dispense with these
requirements in order to expedite the business of the Senate.
BUDGETARY IMPACT
Section 308(a)(1)(A) of the Congressional Budget and
Impoundment Control Act of 1974 (Public Law 93-344), as
amended, 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 fiscal year. All the funds
provided in this bill are designated by Congress as emergency
requirements.
Five-Year Projection of Outlays
In compliance with section 308(a)(1)(C) of the
Congressional Budget Act of 1974 (Public Law 93-344), as
amended, the following table contains 5-year projections
associated with the budget authority provided in the
accompanying bill:
------------------------------------------------------------------------
Millions of
dollars
------------------------------------------------------------------------
Budget authority: Fiscal year 2004...................... 87,004
Outlays:
Fiscal year 2004.................................... 36,695
Fiscal year 2005.................................... 33,098
Fiscal year 2006.................................... 11,721
Fiscal year 2007.................................... 3,037
Fiscal year 2008 and future years................... 1,872
------------------------------------------------------------------------
Note: The above table includes both mandatory and discretionary
appropriations.
Assistance to State and Local Governments
In accordance with section 308(a)(1)(D) of the
Congressional Budget Act of 1974 (Public Law 93-344), as
amended, the financial assistance to State and local
governments is as follows:
------------------------------------------------------------------------
Millions of
dollars
------------------------------------------------------------------------
New budget authority.................................... ..............
Fiscal year 2004 outlays................................ ..............
------------------------------------------------------------------------
COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY ESTIMATES AND AMOUNTS RECOMMENDED IN THE BILL
[In thousands of dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Committee
recommendation
Doc. No. Supplemental Committee compared with
estimate recommendation supplemental
estimate (+ or ^)
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TITLE I
NATIONAL SECURITY
CHAPTER 1
DEPARTMENT OF DEFENSE
Military Personnel
108-126 Military Personnel, Army (emergency) 12,858,870 12,858,870 ...................
108-126 Military Personnel, Navy (emergency) 816,100 816,100 ...................
108-126 Military Personnel, Marine Corps (emergency) 753,190 753,190 ...................
108-126 Military Personnel, Air Force (emergency) 3,384,700 3,384,700 ...................
----------------------------------------------------------------
Total, Military Personnel 17,812,860 17,812,860 ...................
Operation and Maintenance
108-126 Operation and Maintenance, Army (emergency) 24,190,464 ................... -24,190,464
-- (Contingent emergency appropriations) ................... 24,946,464 +24,946,464
108-126 Operation and Maintenance, Navy (emergency) 2,106,258 1,976,258 -130,000
108-126 Operation and Maintenance, Marine Corps (emergency) 1,198,981 1,198,981 ...................
108-126 Operation and Maintenance, Air Force (emergency) 5,948,368 5,516,368 -432,000
108-126 Operation and Maintenance, Defense-Wide (emergency) 4,618,452 4,218,452 -400,000
108-126 Operation and Maintenance, Marine Corps Reserve (emergency) 16,000 16,000 ...................
108-126 Operation and Maintenance, Air Force Reserve (emergency) 53,000 53,000 ...................
108-126 Operation and Maintenance, Air National Guard (emergency) 214,000 214,000 ...................
108-126 Operation and Maintenance, Overseas Humitarian, Disaster, Civic Aid 35,500 35,500 ...................
(emergency)
108-126 Operation and Maintenance, Iraq Freedom Fund (emergency) 1,988,600 1,988,600 ...................
----------------------------------------------------------------
Total, Operation and Maintenance 40,369,623 40,163,623 -206,000
Procurement
108-126 Missile Procurement, Army (emergency) 6,200 6,200 ...................
108-126 Procurement of Weapons and Tracked Combat Vehicles, Army (emergency) 46,000 ................... -46,000
-- (Contingent emergency appropriations) ................... 104,000 +104,000
108-126 Other Procurement, Army (emergency) 930,687 ................... -930,687
-- (Contingent emergency appropriations) ................... 1,078,687 +1,078,687
108-126 Aircraft Procurement, Navy (emergency) 128,600 128,600 ...................
108-126 Other Procurement, Navy (emergency) 76,357 76,357 ...................
108-126 Procurement, Marine Corps (emergency) 123,397 123,397 ...................
108-126 Aircraft Procurement, Air Force (emergency) 40,972 40,972 ...................
108-126 Missile Procurement, Air Force (emergency) 20,450 20,450 ...................
108-126 Other Procurement, Air Force (emergency) 3,441,006 3,441,006 ...................
108-126 Procurement, Defense-Wide (emergency) 435,635 435,635 ...................
----------------------------------------------------------------
Total, Procurement 5,249,304 5,455,304 +206,000
Research, Development, Test and Evaluation
108-126 Research, Development, Test and Evaluation, Navy (emergency) 34,000 34,000 ...................
108-126 Research, Development, Test and Evaluation, Air Force (emergency) 39,070 39,070 ...................
108-126 Research, Development, Test and Evaluation, Defense-Wide (emergency) 265,817 265,817 ...................
----------------------------------------------------------------
Total, Research, Development, Test and Evaluation 338,887 338,887 ...................
Revolving and Management Funds
108-126 Defense Working Capital fund (emergency) 600,000 600,000 ...................
108-126 National Defense Sealift fund (emergency) 24,000 24,000 ...................
----------------------------------------------------------------
Total, Revolving and Management Funds 624,000 624,000 ...................
Other Department of Defense Programs
108-126 Defense Health Program (emergency) 658,380 658,380 ...................
108-126 Drug Interdiction and Counter-Drug Activities, Defense (emergency) 73,000 73,000 ...................
----------------------------------------------------------------
Total, Other Department of Defense Programs 731,380 731,380 ...................
Related Agencies
108-126 Intelligence Community Management Account (emergency) 21,500 21,500 ...................
----------------------------------------------------------------
Total, Chapter 1 65,147,554 65,147,554 ...................
Emergency appropriations (65,147,554) (39,018,403) (-26,129,151)
Contingent emergency appropriations ................... (26,129,151) (+26,129,151)
================================================================
CHAPTER 2
MILITARY CONSTRUCTION
108-126 Military construction, Army (emergency) 119,900 119,900 ...................
108-126 Military construction, Air Force (emergency) 292,550 292,550 ...................
----------------------------------------------------------------
Total, Chapter 2 412,450 412,450 ...................
================================================================
Total, TITLE I 65,560,004 65,560,004 ...................
Emergency appropriations (65,560,004) (39,430,853) (-26,129,151)
Contingent emergency appropriations ................... (26,129,151) (+26,129,151)
================================================================
TITLE II
INTERNATIONAL SECURITY
CHAPTER 1
DEPARTMENT OF STATE
Administration of Foreign Affairs
108-126 Diplomatic and Consular programs (emergency) 40,500 35,800 -4,700
108-126 Reappropriation 35,800 ................... -35,800
-- Rescission ................... -35,800 -35,800
108-126 Embassy Security, Construction and Maintenance (emergency) 60,500 ................... -60,500
108-126 Emergencies in the diplomatic and consular service (emergency) 50,000 ................... -50,000
-- (Contingent emergency appropriations) ................... 90,500 +90,500
----------------------------------------------------------------
Total, Administration of Foreign Affairs 186,800 90,500 -96,300
----------------------------------------------------------------
Total, Chapter 1 186,800 90,500 -96,300
Emergency appropriations (186,800) (35,800) (-151,000)
Contingent emergency appropriations ................... (90,500) (+90,500)
Rescissions ................... (-35,800) (-35,800)
================================================================
CHAPTER 2
BILATERAL ECONOMIC ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
United States Agency for International Development
108-126 Operating expenses of the United States Agency for International Development 40,000 40,000 ...................
(emergency)
Capital Investment Fund
-- Capital Investment Fund (contingent emergency appropriations) ................... 60,500 +60,500
OTHER BILATERAL ECONOMIC ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
108-126 Iraq relief and reconstruction fund (emergency) 20,304,000 20,304,000 ...................
108-126 Economic support fund (emergency) 422,000 422,000 ...................
108-126 United States Emergency Fund for Complex Foreign Crises (emergency) 100,000 100,000 ...................
DEPARTMENT OF STATE
108-126 International narcotics control and law enforcement (emergency) 120,000 120,000 ...................
108-126 Nonproliferation, antiterrorism, demining and related programs (emergency) 35,000 35,000 ...................
MILITARY ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
108-126 Foreign Military Financing Program (emergency) 222,000 222,000 ...................
108-126 Peacekeeping operations (emergency) 50,000 50,000 ...................
----------------------------------------------------------------
Total, Chapter 2 21,293,000 21,353,500 +60,500
Emergency appropriations (21,293,000) (21,293,000) ...................
Contingent emergency appropriations ................... (60,500) (+60,500)
================================================================
Total, TITLE II 21,479,800 21,444,000 -35,800
Emergency appropriations (21,479,800) (21,328,800) (-151,000)
Contingent emergency appropriations ................... (151,000) (+151,000)
Rescissions ................... (-35,800) (-35,800)
================================================================
GRAND TOTAL (net) 87,039,804 87,004,004 -35,800
Emergency appropriations (87,039,804) (60,759,653) (-26,280,151)
Contingent emergency appropriations ................... (26,280,151) (+26,280,151)
Rescissions ................... (-35,800) (-35,800)
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