[House Report 106-125]
[From the U.S. Government Publishing Office]
106th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 106-125
_______________________________________________________________________
MAKING EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR MILITARY OPERATIONS,
REFUGEE RELIEF, AND HUMANITARIAN ASSISTANCE RELATING TO THE CONFLICT IN
KOSOVO, AND FOR MILITARY OPERATIONS IN SOUTHWEST ASIA FOR THE FISCAL
YEAR ENDING SEPTEMBER 30, 1999, AND FOR OTHER PURPOSES
_______
May 4, 1999.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______________________________________________________________________
Mr. Young of Florida, from the Committee on Appropriations, submitted
the following
R E P O R T
together with
DISSENTING VIEWS
[To accompany H.R. 1664]
The Committee on Appropriations submits the following
report in explanation of the accompanying bill making emergency
supplemental appropriations for military operations, refugee
assistance, and humanitarian assistance relating to the
conflict in Kosovo, and for military operations in Southwest
Asia for the fiscal year ending September 30, 1999, and for
other purposes.
Bill Highlights
The bill accompanying this report provides $12,947,495,000
to respond to the unfunded needs relating to the conflict in
Kosovo and Operation Desert Fox as well as other urgent high
priority military readiness matters. It provides $70,500,000
for emergency diplomatic operations and security; $566,000,000
for international economic, refugee, and disaster assistance;
$9,401,569,000 for military personnel and equipment
requirements; $1,838,426,000 for pay and retirement increases;
and $1,071,000,000 for emergency military construction
requirements.
CHAPTER 1
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
The Committee recommends $17,071,000, to remain available
until expended, as an emergency appropriation. This amount
provides for the costs of diplomatic efforts related to the
Kosovo crisis, including the costs of shutting down embassy
operations in Belgrade and enhancing security at posts in the
region, as requested.
security and maintenance of united states missions
The Committee recommends a total of $50,500,000, to remain
available until expended, as an emergency appropriation. Of
this amount, $5,000,000 is for the costs of security upgrades
for post and housing facilities in the region, as requested.
An additional $45,500,000 is provided above the request,
and release of any portion of this funding is contingent upon a
Presidential emergency designation. Of this amount, $36,000,000
is for costs of site acquisition, design and construction of an
additional secure embassy facility in Tirana, Albania. Embassy
Tirana is a hub of U.S. Government operations in the region,
and will serve an increasingly important role in supporting the
military and diplomatic objectives of the U.S. Government and
any subsequent peace process. The remaining $9,500,000 in this
account is provided to make advance payment for the costs of
repairing damage to post facilities resulting from civil unrest
related to the Kosovo conflict. The Committee expects that host
governments will be held accountable for such damages, and
urges the Department to vigorously pursue full reimbursement.
The Committee directs the Department to use these
reimbursements and any remaining balance to fund a Marine
Security Guard quarters in Tirana.
emergencies in the diplomatic and consular service
The Committee recommends $2,929,000, to remain available
until expended, as an emergency appropriation. This amount
provides for the costs of evacuating post personnel and
dependents as a result of events related to the Kosovo
conflict, as requested. Language is included, as requested,
transferring $500,000 to the Peace Corps and $450,000 to the
U.S. Information Agency for the costs of evacuating personnel
and dependents of those agencies.
CHAPTER 2
DEPARTMENT OF DEFENSE--MILITARY
The President requested $5,458,069,000 in emergency
supplemental appropriations for the Department of Defense (DoD)
to finance the unbudgeted personnel, operations, and equipment
replacement and drawdown costs associated with fiscal year 1999
operations in Southwest Asia (Operations Desert Thunder, Desert
Fox, and Enhanced Northern and Southern Watch) and those
operations concerning Kosovo (including Operations Allied Force
and Allied Harbour, respectively NATO's ongoing military and
humanitarian operations in the Balkans). Of this amount,
$453,339,000 is for operations and the cost of munitions
expended in Southwest Asia and $5,004,730,000 is for Kosovo
operations and munitions replacement. The Committee notes that
the Administration's estimates for Kosovo are premised on
continued fiscal year 1999 operations at the current, planned
level with the currently approved forces.
The Committee recommends approving the full amount of the
President's request (although it has realigned some funding to
the proper appropriations accounts). The Committee also
recommends an additional $461,800,000 for munitions, based on
potential Operation Allied Force requirements identified by the
military services, and $400,000,000 only for a new operational
enhancements rapid response account, intended to support
specific requests from U.S. regional commanders, for the rapid
fielding and support of equipment needed for Operation Allied
Force or to provide substitute capabilities in other theaters
to replace assets diverted to this operation.
Further, the Committee recommends an additional
$3,081,700,000 to address existing and urgent shortfalls in key
readiness categories (spare parts, depot maintenance of
equipment, recruiting of military personnel, training and
operational tempo support, and base operations). These
represent unfunded requirements identified by the military
services prior to the onset of Operation Allied Force, needs
which will certainly be exacerbated by the operations against
the Federal Republic of Yugoslavia. The Committee believes
these demands must be addressed now, as they are directly
related to the immediate capability of U.S. forces to meet
their global commitments. The Committee notes there are many
other unfunded requirements confronting the Department of
Defense, not only affecting immediate and near-term
preparedness but also long-term readiness (particularly in the
weapons modernization accounts). The Committee expresses its
determination to address these additional shortfalls as it
develops its fiscal year 2000 appropriations bills.
Finally, the Committee recommends $1,838,426,000 for the
military personnel accounts, only for increases in military
basic pay, targeted pay increases against certain grades, and
for reform of the military retirement system. The obligation of
these funds would be subject to the enactment of subsequent
authorizing legislation and the designation of the funds as an
emergency appropriation by the President.
The following table summarizes the appropriations provided
in this chapter of the bill.
[In thousands of dollars]
------------------------------------------------------------------------
Supplemental Committee
request recommendation
------------------------------------------------------------------------
Military Personnel:
Army................................ 2,920 2,920
Navy................................ 7,660 7,660
Marine Corps........................ 1,586 1,586
Air Force........................... 4,303 4,303
-------------------------------
Total............................. 16,469 16,469
===============================
Overseas Contingency Operations Transfer
Fund:
Overseas Contingency Operations 4,591,600 3,907,300
Transfer Fund (Emergency)..........
Readiness/Munitions (Contingent).... 850,000 1,311,800
-------------------------------
Total............................. 5,441,600 5,219,100
===============================
Procurement:
Weapons Procurement, Navy........... -- 431,100
Aircraft Procurement, Air Force..... -- 40,000
Missile Procurement, Air Force...... -- 178,200
Procurement of Ammunition, Air Force -- 35,000
-------------------------------
Total............................. 684,300
===============================
Operational Rapid Response Transfer Fund -- 400,000
Sec. 207. (Spare Parts)................. -- 1,339,200
Sec. 208. (Depot Maintenance)........... -- 927,300
Sec. 209. (Recruiting).................. -- 156,400
Sec. 210. (Readiness Training/OPTEMPO).. -- 307,300
Sec. 211. (Base Operations)............. -- 351,500
Sec. 212. (Pay and Retirement).......... -- 1,838,426
===============================
Grand total....................... 5,458,069 11,239,995
------------------------------------------------------------------------
Reporting Requirements
The Committee recognizes that the specific budget estimates
underlying the supplemental request for Kosovo operations may
require adjustments due to the evolving nature of the air
campaign, changes in deployment schedules and operational
tempo, and other requirements associated with current
operations and currently planned forces which were not
identified at the time the supplemental request was developed.
Accordingly, the Committee understands the need for some
flexibility at this time and believes the funding and
authorities provided in the Committee bill give the DoD the
ability to make such adjustments as required. The Committee
expects the Department to use these funds and authorities
judiciously, with particular care given to ensure that other
important, ongoing DoD activities, especially those relating to
personnel, readiness, and important quality of life programs
such as the Defense Health Program, are not adversely affected
by the conduct of Operation Allied Force.
The Committee directs the Secretary of Defense to submit a
monthly report to the House and Senate Committees on
Appropriations which provides a detailed description of
Department of Defense obligations in support of operations in
and around Kosovo and in Southwest Asia. This report shall
indicate the cost of each operation for each affected
appropriation account (including those accounts to which funds
are transferred from the Overseas Contingency Operations
Transfer Fund). For the acquisition accounts, the report should
be provided at the R-1/P-1 level of detail. The first such
report should be provided no later than May 31, 1999. In
addition, language has been included under the Overseas
Contingency Operations Transfer Fund which allows the transfer
of funds to military construction. The Undersecretary of
Defense (Comptroller) is directed to notify the Committee on
Appropriations of any such transfers and the individual
projects to be provided.
Military Personnel
The supplemental budget request includes $16,469,000 for
special pays and allowances for military personnel deployed to
Southwest Asia in support of Operations Desert Thunder, Desert
Fox, and Enhanced Northern and Southern Watch. In addition, the
request includes $439,400,000 for personnel costs related to
operations in and around Kosovo. The Committee recommends the
budget request. Funding relating to Kosovo is provided in the
Overseas Contingency Operations Transfer Fund as requested by
the President.
Operation and Maintenance
The supplemental budget request includes $259,900,000 for
operations in and around Southwest Asia and $3,210,000,000 in
support of NATO operations in Kosovo. All Operation and
Maintenance funding for these operations is included in the
Overseas Contingency Operations Transfer Fund. The Committee
recommends the budget request.
Overseas Contingency Operations Transfer Fund
The President requested $5,441,600,000 for this account,
along with authority to transfer funds as needed to a variety
of appropriations accounts to meet estimated requirements.
Included in this total is $684,300,000 of procurement funding
requested to replace certain high value munitions expended
during Operation Desert Fox and Operation Allied Force, to
include air- and sea-launched cruise missiles, Joint Direct
Attack Munitions, and decoys (there is also $13,600,000 in
Operation and Maintenance funding requested to support these
purchases). The request also includes a total of $850,000,000
of contingent emergency appropriations to meet expected
munitions and readiness-related Kosovo expenses, funds which
would only be available after the subsequent submission of a
budget request by the President, with only those funds
requested being made available.
The Committee recommends a total of $5,219,100,000 for the
Overseas Contingency Operations Transfer Fund. This reflects
the following adjustments to the supplemental budget request:
--a deletion of $684,300,000 for procurement of
specific munitions as described above, which the
Committee recommends funding in the traditional
appropriations accounts as described elsewhere in this
report; and
--an addition of $461,800,000 of contingent emergency
appropriations, based on potential Operation Allied
Force munition requirements identified by the military
services, premised on continued fiscal year 1999
operations at the current, planned level with the
currently approved forces.
Contingency Operation Munitions Requirements
As discussed above, the supplemental budget request for the
Overseas Contingency Operations Transfer Fund includes
$850,000,000 in contingent emergency appropriations, including
an estimate of $700,000,000 to replace munitions expended in
Operation Allied Force and in Southwest Asia in order to
maintain adequate inventories for future operations. The
Committee recognizes that the request for contingent emergency
appropriations reflects the reality that additional funding
will be required to replace munitions, but that the exact
weapons types, quantities, and cost remain unknown at this time
as operations continue. Use of the contingent designation thus
ensures that funds will only be made available following a
specific determination of munitions needs, and only after
submission of a subsequent budget request by the President. The
Committee believes that given this degree of control, it is
prudent to provide a larger amount for potential munitions
replacement, and therefore recommends $1,161,800,000, an
increase of $461,800,000. The Committee makes this
recommendation based on requirements specifically identified by
the military services which may be required to support
continued fiscal year 1999 operations at the current planned
level with the currently approved forces, as follows:
Weapons Procurement, Navy:
SLAM-ER............................................. $40,000,000
HARM Modifications.................................. 81,000,000
JSOW (baseline variant)............................. 11,000,000
Procurement of Ammunition, Navy and Marine Corps:
Laser Guided Bombs.................................. 306,800,000
Expendables......................................... 16,300,000
Fuzes............................................... 10,000,000
Missile Procurement, Army:
Army Tactical Missile System........................ 135,000,000
Missile Procurement, Air Force:
AGM-130 Acceleration................................ 500,000
Maverick Modifications.............................. 28,100,000
HARM Modifications.................................. 147,300,000
Procurement of Ammunition, Air Force:
GBU-15 Modifications................................ 26,500,000
Laser Guided Bombs.................................. 165,700,000
Combined Effect Munitions........................... 23,100,000
Fuzes............................................... 10,000,000
Training Munitions.................................. 146,800,000
General Purpose Bombs............................... 13,000,000
Flares and Chaff.................................... 700,000
The Committee restates its intent that, at this time, the
DoD has the flexibility to reallocate these funds as needed to
meet emergent warfighting needs. However, should it be
determined that funds are required to support programs other
than those listed above, the Undersecretary of Defense
(Comptroller) shall notify the House and Senate Committees on
Appropriations in writing of any expected change, and the
reason why, prior to any obligation of funds. In addition, the
provision of these funds does not obviate the requirement for
the Department to notify the Congress in advance of proposed
new start programs.
Classified Programs
The Committee's recommendations regarding classified
programs are summarized in a classified annex accompanying this
report.
Procurement
As discussed earlier in this report, the Committee bill
recommends shifting $684,300,000 in procurement funding
allocated in the supplemental request for Tomahawk Land-Attack
Missile upgrades, Conventional Air-Launched Cruise Missiles
(CALCM), Joint Direct Attack Munitions, and towed decoys from
the Overseas Contingency Operations Transfer Fund, as proposed
in the request, to specific appropriations accounts, as
described below.
Weapons Procurement, Navy
The supplemental budget request includes $431,100,000 for
Tomahawk upgrades. The Committee recommendation provides this
amount. (The Committee also approves an additional $13,600,000
in operation and maintenance funding associated with Tomahawk
recertification, but has provided this funding in the Overseas
Contingency Operations Transfer Fund, as proposed in the
supplemental budget request.)
Aircraft Procurement, Air Force
The supplemental budget request includes $40,000,000 for
ALE-50 towed decoys. The Committee recommendation provides this
amount.
Missile Procurement, Air Force
The supplemental budget request includes $178,200,000
associated with replacement of Conventional Air-Launched Cruise
Missiles (CALCM). The Committee recommendation provides this
amount.
Procurement of Ammunition, Air Force
The supplemental budget request includes $35,000,000 for
additional Joint Direct Attack Munitions (JDAMs). The Committee
recommendation provides this amount.
Congressional Oversight of Weapons System Performance
To conduct its oversight and funding responsibilities, the
Committee must receive accurate and timely information on
weapons system performance in military operations. The military
services, the Office of the Secretary of Defense, and the Joint
Staff are all reminded of their obligation to be responsive to
Congress' responsibilities and prerogatives in this regard, and
their responsibility to comply on a prompt basis to Committee
inquiries regarding weapons system performance (including
failures, battle damage assessment, and targeting errors).
Operational Rapid Response Transfer Fund
The Committee recommends including a new appropriations
account (Operational Rapid Response Transfer Fund) to enable
the accelerated fielding of needed capabilities to U.S. forces
engaged in, or in support of, Operation Allied Force; as well
as to provide a potential means to rapidly deploy substitute or
replacement capabilities to other regional commands (such as
U.S. Central Command or U.S. Pacific Command) who have had
assets diverted from their theaters to support Operation Allied
Force.
During Operations Desert Shield/Desert Storm, the
Department of Defense accelerated the planned fielding of
several weapons systems to meet warfighting requirements
identified by the regional commander-in-chief (CINC). Among
these was the rapid fielding of the PAC-2 anti-tactical
ballistic missile variant of the PATRIOT surface-to-air missile
system (originally developed to engage aircraft, not ballistic
missiles), which was still in advanced development at the time.
Without this capability, U.S. and allied nations during the
Gulf War would have had no defense against the Iraqi SCUD
tactical ballistic missile. The Committee notes that other
systems, including then-advanced precision-guided ``bunker
busting'' munitions, were conceived, developed, and deployed
``from scratch'' during the timeframe of Operations Desert
Shield/Desert Storm.
At present, there are several broad, high-leverage
operational categories which U.S. assets are in short supply or
deficient, but which could be used to great effect if assets
were made available in sufficient numbers for Operation Allied
Force. These include (but are not limited to) tactical airborne
electronic warfare and surveillance; tactical imagery and
signals intelligence reconnaissance (particularly systems which
can loiter over engagement areas such as unmanned aerial
vehicles) and related communications datalinks which can
rapidly disseminate information; and tactical communications
systems in general.
A related, but competing challenge is that, in order to
meet the demands of Operation Allied Force, many U.S. military
assets have been deployed to U.S. European Command. However, in
many instances this has diverted forces and capabilities from
other regional commands which have their own daunting set of
operational requirements (for example, U.S. Central Command and
Iraq, or U.S. Pacific Command and North Korea). In testimony
before the Committee on April 21, 1999, the Chairman of the
Joint Chiefs of Staff characterized Operation Allied Force as
``a third MTW (major theater of war) where aviation assets are
concerned''. Clearly, carrying out Operation Allied Force with
the current ``two MTW'' force structure poses many risks at
many levels for U.S. planners and potentially for U.S. forces
in the field.
The Committee recognizes that the current campaign against
the Federal Republic of Yugoslavia is of uncertain duration.
Nevertheless, it believes a dedicated, ``quick response''
appropriation, expressly intended to accelerate the fielding of
systems, subsystems, support equipment or capabilities needed
to meet the many operational challenges confronting U.S.
European Command and other regional CINCs, could prove to be a
valuable resource in fielding badly needed capabilities in the
immediate future.
Therefore, the Committee recommends $400,000,000,
designated as a contingent emergency appropriation, only for
the Operational Rapid Response Transfer Fund. These funds will
only be available if designated as an emergency by the
President, and may be used only to rapidly develop, deploy or
field equipment or systems in response to specific requests
made by U.S. regional commands and only if the obligation of
funds is specifically approved by the Secretary of Defense or
his designee. The Committee does not intend that any of these
funds be used for systems or efforts which cannot be fielded
expeditiously, nor to procure items which can and should be
more appropriately budgeted in annual appropriations requests.
The Committee's sole intent is to ensure that the Department of
Defense and our warfighting CINCs, during this time of strained
resources, be able to respond in innovative and rapid fashion
to the operational challenges posed by Operation Allied Force.
Urgent Readiness Requirements
Spare Parts Shortfalls.--The Committee recommends a general
provision (Section 207) which appropriates $1,339,200,000,
designated as contingent emergency appropriations, only for the
provision of spare and repair parts and associated logistical
support necessary to improve the operational status of
Department of Defense weapons systems. For years the Committee
has expressed its concern about the steady decline in mission
capable rates of weapons systems, particularly Navy and Air
Force aircraft. This has been driven largely in recent years by
a combination of aging equipment, sustained high rates of
operational tempo, and a shortage of spare parts. Despite
having added hundreds of millions of dollars for spare parts in
recent defense appropriations bills over the amounts requested
in Administration budget submissions, the Committee is dismayed
to observe that the services still suffer from large unfunded
shortfalls in this area. These problems will clearly worsen as
a result of Operation Allied Force as a result of the large
number of aircraft deployed, at high rates of usage.
Accordingly, the Committee provides this funding in order to
preclude any additional degradation in readiness.
Depot Maintenance.--The Committee recommends a general
provision (Section 208) which provides $927,300,000, designated
as contingent emergency appropriations, only for depot level
maintenance and repair requirements of the Department of
Defense. Similar to the problems discussed above in connection
with spare parts, despite the Committee's having provided
robust funding over proposed Administration budgets in recent
years for depot maintenance, the services continue to identify
substantial existing shortfalls in this area which will only be
exacerbated by Operation Allied Force unless they are addressed
in this bill.
Recruiting and Advertising.--The Committee recommends a
general provision (Section 209) which provides $156,400,000,
designated as contingent emergency appropriations, only for
Department of Defense recruiting programs based on shortfalls
identified in the fiscal year 1999 program. With the exception
of the Marine Corps, each of the services is currently
experiencing recruiting difficulties which, combined with
growing retention problems, have led to undermanning of units
including deployed forces, as well as proposals to begin
reducing quality standards for recruits. The appropriations
provided in this section will fully fund an increased
recruiting program, meeting shortfalls as defined by the
military services in data provided the Committee.
Readiness Training and Operations Tempo.--The Committee
recommends a general provision (Section 210) which provides
$307,300,000, designated as contingent emergency
appropriations, only for readiness related training and
operations tempo requirements of the Department of Defense. The
Committee notes with concern that the level of current
deployment activity coupled with the need to fund long-overdue
infrastructure costs has resulted in shortfalls in the military
services' training programs. The funding provided in this
section is essential in order to alleviate pressure on the
military services' readiness-related training programs and
ensure that U.S. forces are trained to meet required readiness
levels.
Base Operations Support.--The Committee recommends a
general provision (Section 211) which provides $351,500,000,
designated as contingent emergency appropriations, only for
base operations support requirements of the Department of
Defense. The Committee notes that DoD has consistently
underfunded base operations costs associated with facilities
operations and maintenance, range operations and maintenance,
utilities services, and a host of other critical infrastructure
costs. This has created pressure on the training and other
readiness related accounts, and has in recent years repeatedly
resulted in the diversion of funds provided by the Congress
from readiness accounts to these non-discretionary
infrastructure costs. The appropriations in this section are
needed to meet base operations shortfalls identified in service
data provided to the Committee, which will not only support the
Department's base infrastructure but also relieve pressure on
the readiness accounts and ensure that readiness related
activities are conducted at levels funded by the Congress.
Military Pay and Retirement
The Committee recommends a general provision (Section 212)
which provides $1,838,426,000 for the military personnel
accounts, designated as contingent emergency appropriations,
only for increases in military basic pay, targeted pay
increases against certain grades, and for reform of the
military retirement system. In his fiscal year 2000 budget
submission, the President has proposed a military benefits
package which includes a proposed increase in basic pay,
targeted pay increases against certain grades (so-called ``pay
table reform''), and the repeal of the 1986 Military Retirement
Reform Act (commonly referred to as ``REDUX''). The Committee
notes that the Senate has already passed an authorization bill
dealing with these issues (S. 4), and that the House Armed
Services Committee will soon address them in its consideration
of the National Defense Authorization Act.
The Committee is confident that the Congress will enact a
comprehensive military pay and retirement package, and
therefore, has included $1,838,426,000 in contingent emergency
appropriations for a fiscal year 2000 increase in the military
personnel accounts resulting from increased levels of military
base pay, pay table reform, and repeal of the REDUX retirement
system. The Committee believes that doing so will send a
positive signal to our service menand women, not only those
engaged in Operation Allied Force but in difficult missions around the
world, that Congress is committed to providing an increase in military
compensation and reforming the military pay and retirement system, and
as a sign of that commitment, is providing funding to support these
objectives in this bill. However, since at this time the President and
the Senate have proposed substantively different approaches to these
issues, and the House Armed Services Committee has yet to make its
recommendations to the House, release of these funds is conditioned
upon the enactment of authorizing legislation as well as the funds
being designated as emergency appropriations by the President.
Nutrition and Food Needs
The Committee recognizes that with the significant
deployment of U.S. forces in the Balkan region, along with the
increasing refugee camp population, nutrition and food needs
are paramount international concerns. The Committee urges the
Department of Defense to work with the Department of
Agriculture to use all appropriate acquisition authorities to
purchase food in ways that meet the humanitarian and military
needs attendant to the Balkan engagement, and to do so in ways
that also benefit U.S. farmers who are experiencing record low
level prices for their products.
GENERAL PROVISIONS--THIS CHAPTER
The Committee bill includes section 201, as requested in
the supplemental request, which provides for an increase in the
fiscal year 1999 transfer authority available to the Department
of Defense.
The Committee bill includes section 202, as requested in
the supplemental request, which provides that $10,000,000 of
the funds in the Committee bill may be available to the common
funded budgets of NATO.
The Committee bill includes section 203, as requested in
the supplemental request, which provides authorization for
funds in the Committee bill, or funds made available by the
transfer of funds in the Committee bill, for intelligence
activities.
The Committee bill includes section 204, as requested in
the supplemental request, which extends until June 30, 1999
special authorities for contracts awarded or modified for the
Joint Direct Attack Munition (JDAM) program.
The Committee bill includes section 205, which requests the
President to seek an equitable reimbursement from the North
Atlantic Treaty Organization (NATO), member nations of NATO,
and other appropriate organizations and nations for the costs
incurred by the United States government in connection with
Operation Allied Force. The Committee recognizes the valuable
and important contributions made by our NATO allies, as well as
other nations, in the conduct of Operation Allied Force and in
humanitarian activities relating to Kosovo. However, in
recognition of the disproportionate share of the military
operations being currently carried out by U.S. forces, the
Committee believes the President should seek an equitable
burdensharing agreement with NATO members and other nations.
For example, with respect to NATO members, in all likelihood
the financial costs to the U.S. at present exceed the American
contribution to NATO's common-funded budgets.
Therefore, pursuant to section 205, the President is to
seek a more equitable sharing of the financial costs of
Operation Allied Force among NATO members and other countries.
For purposes of this provision, the term ``costs incurred by
the United States government in connection with Operation
Allied Force'' shall also include the costs of refugee,
humanitarian, and other assistance funded through non-military
accounts, including assistance to the front line states.
Further, this section requires the President to submit to
Congress, not later than September 30, 1999, a report on all
burdensharing measures taken by the President; the amount of
reimbursement received to date from each organization and
nation, including a description of any commitments made by any
such organization or nation to provide reimbursement; and in
the case of an organization or nation that has refused to
provide, or to commit to provide, reimbursement, an explanation
of the reasons therefor.
The Committee bill includes section 206, which directs that
within thirty days of enactment into law of the Committee bill,
the President shall transmit to Congress a report, in both
classified and unclassified format, on current United States
government operations involving Kosovo, including:
(1) A statement of the national security objectives
involved in U.S. participation in Operation Allied
Force;
(2) An accounting of all current active duty
personnel assigned to support Operation Allied Force
and related humanitarian operations around Kosovo to
include total number, service component and area of
deployment (such accounting should also include total
numbers of personnel from other NATO countries
participating in the action);
(3) Additional planned deployment of active duty
units in the European Command area of operations to
support Operation Allied Force, between the date of
enactment of this Act and the end of fiscal year 1999;
(4) Additional planned Reserve component
mobilization, including specific units to be called up
between the date of enactment of this Act and the end
of fiscal year 1999, to support Operation Allied Force;
(5) An accounting by the Joint Chiefs of Staff on the
transfer of personnel and materiel from other regional
commands to the United States European Command to
support Operation Allied Force and related humanitarian
operations around Kosovo, and an assessment by the
Joint Chiefs of Staff of the impact any such loss of
assets has had on the warfighting capabilities and
deterrence value of these other commands;
(6) Levels of humanitarian aid provided to the
displaced Kosovar community from the United States,
NATO member nations, and other nations (figures should
be provided by country and the type of assistance
provided whether financial or in-kind); and
(7) Any significant revisions to the total cost
estimate for the deployment of United States forces
involved in Operation Allied Force through the end of
fiscal year 1999.
The Committee bill includes section 207, which appropriates
$1,339,200,000, designated as contingent emergency
appropriations, only for urgent shortfalls in Department of
Defense spare and repair parts and associated logistical
support, as described earlier in this report.
The Committee bill includes section 208, which appropriates
$927,300,000, designated as contingent emergency
appropriations, only for urgent shortfalls in the depot level
maintenance and repair requirements of the Department of
Defense, as described earlier in this report.
The Committee bill includes section 209, which appropriates
$156,400,000, designated as contingent emergency
appropriations, only for urgent shortfalls in Department of
Defense recruiting programs, as described earlier in this
report.
The Committee bill includes section 210, which appropriates
$307,300,000, designated as contingent emergency
appropriations, only for urgent readiness related training and
operations tempo requirements of the Department of Defense, as
described earlier in this report.
The Committee bill includes section 211, which appropriates
$351,500,000, designated as contingent emergency
appropriations, only for urgent base operations support
requirements of the Department of Defense, as described earlier
in this report.
The Committee bill includes section 212, which appropriates
$1,838,426,000, designated as contingent emergency
appropriations, for the military personnel accounts, only for
an increase in military basic pay, targeted pay increases
against certain grades, and for reform of the military
retirement system, as described earlier in this report.
CHAPTER 3
Summary of Recommendation--This Chapter
On April 19, 1999, the President transmitted to Congress an
emergency supplemental funding request, which includes
$566,000,000 for refugee, disaster, and economic assistance to
respond to the humanitarian and economic crisis in the Balkans.
The Committee recognizes that refugees fleeing Kosovo
continue to burden neighboring nations. As of April 22, more
than 359,000 refugees have fled to Albania, 132,000 have
arrived in Macedonia, 68,000 have entered Montenegro, and
32,000 have come into Bosnia. The State Department estimates
the number of refugees could grow to more than 900,000, and
international aid groups estimate that this total could rise
much higher in the coming months if the conflict in the Balkans
continues. Given these projections, the Committee believes the
President's request for disaster and refugee assistance is
inadequate. Therefore, the Committee has provided higher
funding levels than the Administration requested for
supplemental disaster and refugee assistance. These increases
should provide the resources necessary to meet emergency needs
for the remainder of the current fiscal year.
These increases have been offset with a reduction in the
request for assistance through the account for Eastern Europe.
None of the funds appropriated herein are to be used to
implement a long-term, regional program of development or
reconstruction in Southeastern Europe. That is not the purpose
of this Emergency Supplemental Appropriations Act. As the
President's budget request clearly states: ``the supplementals
provide FY 1999 funding to plan the reconstruction efforts in a
post-conflict Kosovo, but would not fund the U.S. portion of a
long-term reconstruction effort.''
The refugee, SEED, and disaster assistance funds are
appropriated for emergency support of refugees and displaced
persons and the local communities directly affected by the
influx of refugees. The Economic Support Funds are appropriated
for short-term, emergency balance of payments support for the
countries listed in the bill language.
The Committee requests that the Administration keep it
informed on a regular basis of refugee assistance and other
funding commitments made by our NATO allies.
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
Agency for International Development
international disaster assistance
The Committee is recommending $96,000,000 for an additional
amount for International Disaster Assistance for fiscal year
1999. The President requested $71,000,000. The Committee
understands that this funding will ensure that AID's Office of
Foreign Disaster Assistance will have the necessary resources
to meet its worldwide commitments in fiscal year 1999, and to
deal with the projections of possible refugee flows in the
Balkans. These funds are to remain available until expended.
Other Bilateral Economic Assistance
economic support fund
The Committee is recommending $105,000,000 for an
additional amount for the Economic Support Fund as requested by
the President. The Administration requested $100,000,000 of
these funds to provide direct assistance to Albania, Bosnia,
Bulgaria, Romania, Macedonia and Montenegro--the so-called
front line states. The Committee notes that these front line
nations have borne the brunt of the 700,000 refugees fleeing
Kosovo and, even under the best of circumstances, these
countries will be expected to deal with these refugees for many
months. The conflict in the Balkans and the resultant refugee
crisis have already created significant disruptions to normal
commerce in the region and have increased economic hardship in
these front line nations. This assistance is designed to help
these governments meet balance of payments shortfalls and to
partially offset costs of refugee assistance. The Committee
strongly supports additional resources to support the
democratic government of Montenegro.
The Committee expects that up to $5,000,000 of these funds
will be used to document war crimes and atrocities committed in
Kosovo. These funds are to remain available for obligation
until September 30, 2000. In addition, the Committee
recommendation includes bill language waiving other provisions
of law except section 533 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1999, for
the purpose of obligating these funds. However, the requirement
for a notification prior to obligation has been reduced from 15
days to 5 days in order to provide the President with increased
flexibility.
assistance for eastern europe and the baltic states
The Committee is recommending $75,000,000 for an additional
amount for the account ``Assistance for Eastern Europe and the
Baltic States''. The President requested $170,000,000 for this
account. The Committee has provided up to $1,000,000 of these
funds for administrative costs of AID. Funds appropriated under
this account would be subject to the regular notification
requirements of the Committees on Appropriations, and would
remain available for obligation until September 30, 2000.
The Committee has increased resources for other accounts in
this bill to meet emergency needs in the Balkans. Therefore,
the Committee is not in a position to provide the President's
full request for this account due to the imperative to meet
funding requirements for higher priority refugee and
humanitarian assistance. In addition, the Committee is
concerned that part of the request could be used to provide for
long-term reconstruction programs in the Balkans. The Committee
believes that the events in the region are changing so rapidly
that it would be premature to consider additional long-term
development programs at this time. Further, the Committee
believes that European nations bear greater responsibility for
the integration of these front line states into Europe's
economy and for reconstruction programs in the region.
Department of State
migration and refugee assistance
The Committee is recommending $195,000,000 for an
additional amount for the Migration and Refugee Assistance
account. The President requested $125,000,000. The Committee
recommendation allows for not more than $500,000 from these
supplemental funds for administrative expenses, and provides
for the availability of funds through September 30, 2000.
The Committee has been informed that funding for
humanitarian assistance for refugees would face a significant
shortfall if refugee levels continue to increase through the
end of the fiscal year and into fiscal year 2000. As a result,
the Committee has increased funding in this account and in the
Disaster assistance account in order to ensure that adequate
funds are available for refugee assistance--particularly if it
becomes necessary to support large refugee populations through
the winter. In order to fund these high priority activities,
the Committee recommendation includes a reduction of
$95,000,000 from the request for assistance for Eastern Europe.
The massive outflow of refugees from Kosovo into
surrounding territories has placed tremendous burdens on the
surrounding governments. While these refugees have been
generally well treated by host governments, the Committee is
concerned about reports of the mistreatment of some Kosovar
refugees. The continued and increased international funding for
the care of these refugees will alleviate the burdens on host
governments. The Committee urges that all governments respect
the human rights of all refugees in this difficult situation.
The Committee is deeply troubled by the use of a rape as a
tool of war. There are widespread and credible reports that
Serbian forces are targeting ethnic Albanian women for rape and
using rape as a means of emptying communities. Many of the
ethnic Albanian refugees have been the victims of rape,
brutalization and other traumatic events. While the Committee
understands that there are many pressing and immediate needs
for shelter and food, it believes that psychological services
for traumatized refugees, particularly women who have been
raped, should not be neglected. The Committee urges the
Administration to designate funds for those psychological
services. In addition, the Committee believes the
Administration needs to demonstrate leadership to ensure that
rape is prosecuted as a war crime.
united states emergency refugee and migration assistance fund
The Committee is recommending $95,000,000 for an additional
amount for the United States Emergency Refugee and Migration
Assistance Fund, as requested by the President. These funds
would be available until expended.
GENERAL PROVISION--THIS CHAPTER
The Committee is recommending bill language requested by
the President to provide that the value of commodities and
services authorized by the President through March 31, 1999,
drawn down pursuant to section 552(c)(2) of the Foreign
Assistance Act of 1961 to support international relief efforts
relating to the Kosovo conflict shall not be counted against
the ceiling limitation of that section. This provision also
provides that such assistance shall be made available
notwithstanding any other provision of law.
CHAPTER 4
DEPARTMENT OF DEFENSE
Military Construction
North Atlantic Treaty Organization Security Investment Program
The Committee recommends $240,000,000, contingent on the
Presidential declaration of an emergency, for the continued
support of the North Atlantic Treaty Organization Security
Investment Program.
Overseas Contingency Operations Transfer Fund
Language has been included under the ``Overseas Contingency
Operations Transfer Fund'' which allows the transfer of funds
to military construction. The Under Secretary of Defense
(Comptroller) is directed to notify the Subcommittee on
Military Construction of any such transfers and the individual
projects to be provided.
military construction
The Committee recommends a total of $831,000,000,
contingent on the Presidential declaration of an emergency, for
operations in Europe and Southwest Asia, for the following
items:
------------------------------------------------------------------------
Location/Account/Installation Project title Cost
------------------------------------------------------------------------
Bahrain Island:
Navy:
Southwest Asia Admin BEQ (Security 24,550,000
Support Unit. Force).
Southwest Asia Admin BEQ (Transient).... 23,770,000
Support Unit.
Southwest Asia Admin Operations Control 34,770,000
Support Unit. Center.
------------------
Subtotal, Bahrain ................... 83,090,000
Island.
==================
Diego Garcia:
Navy:
Diego Garcia Naval Aircraft 8,150,000
Support Facility. Intermediate
Maintenance
Facility.
------------------
Subtotal, Diego Garcia ................... 8,150,000
==================
................... .................
Germany:
Army:
Ansbach, Barton Barracks Whole Barracks 21,000,000
Complex Renewal.
Bamberg Air Field....... Whole Barracks 9,300,000
Complex Renewal.
Bamberg Air Field....... Whole Barracks 8,200,000
Complex Renewal.
Bamberg, Warner Barracks Whole Barracks 5,700,000
Complex Renewal.
Baumholder.............. Vehicle Maintenance 10,000,000
Shop, Direct
Support.
Baumholder.............. Vehicle Maintenance 12,600,000
Shop,
Organizational.
Baumholder.............. Vehicle Maintenance 9,600,000
Shop, Organization.
Baumholder.............. Vehicle Maintenance 10,400,000
Shop,
Organizational
Addition.
Grafenwoehr............. Multipurpose Range 25,000,000
Complex 118.
Grafenwoehr............. Multipurpose Range 23,000,000
Complex 211.
Hohenfels............... Centralized Vehicle 7,600,000
Wash Facility.
Hohenfels............... Objective 8,600,000
Instrumentation
Building.
Kaiserslautern.......... Vehicle Maintenance 9,000,000
Shop,
Organizational.
Mannhein................ Organizational 7,600,000
Vehicle Parking.
Mannhein................ Vehicle Maintenance 9,300,000
Shop,
Organizational.
Mannheim................ Vehicle Maintenance 11,400,000
Shop,
Organizational.
Mannheim, Coleman Whole Barracks 4,500,000
Barracks. Complex Renewal.
Schweinfurt............. Centralized Vehicle 1,600,000
Wash Facility.
Schweinfurt............. Close Combat 11,200,000
Tactical Trainer.
Schweinfurt............. Vehicle Maintenance 12,000,000
Shop, Direct
Support.
Schweinfurt............. Vehicle Maintenance 20,000,000
Shop,
Organizational.
Stuttgart............... Deployment Storage 4,100,000
Buildings.
Stuttgart............... Indoor Firing Range 3,000,000
Stuttgart............... USEUCOM 10,800,000
Communications
Command Center.
Vilseck................. Non-Toe Maintenance 5,300,000
Facility.
Air Force:
Ramstein Air Base....... Aircraft Parts 3,800,000
Storage Facility.
Ramstein Air Base....... CNS 3 Fire Stations 12,000,000
Ramstein Air Base....... Combat 12,000,000
Communications
Squadron Complex.
Ramstein Air Base....... Contingency 5,000,000
Response Group
Complex.
Ramstein Air Base....... C-130 Squadron 8,800,000
Operations/AMU, 37
AS.
Ramstein Air Base....... Reachback 17,400,000
Operations Support
Center.
Ramstein Air Base....... Squadron Operations/ 8,800,000
AMU, 75 AS.
Ramstein Air Base....... Vehicle Maintenance 6,500,000
Facility.
Spangdahlem Air Base.... ACS Maintenance and 14,900,000
Support Facilities.
Spangdahlem Air Base.... CE Pavement/ 9,800,000
Equipment Complex.
Spangdahlem Air Base.... Mobility Processing 5,300,000
Center.
Spangdahlem Air Base.... Refueler 2,600,000
Maintenance
Facility.
Spangdahlem Air Base.... Squad Operations/ 18,000,000
AMU, 22/23 Flight
Squadron.
------------------
Subtotal, Germany..... ................... 385,700,000
==================
Greece:
Navy:
Souda Bay, Crete Naval Operational Support 6,380,000
Support Activity. Facilities.
------------------
Subtotal, Greece...... ................... 6,380,000
==================
Italy:
Navy:
Naples Naval Support Operational Support 26,750,000
Activity. Facilities.
Sigonella Naval Air Base Level 3,100,000
Station. Communication
Facility.
Sigonella Naval Air Base Operations 35,000,000
Station. Support.
Air Force:
Aviano Air Base......... Air Control 3,900,000
Squadron Warehouse.
Aviano Air Base......... Base Operations.... 2.900,000
Aviano Air Base......... CNS Contingency 14,000,000
Dorm (600 PNs).
Aviano Air Base......... Dormitory (120 PNs) 8,150,000
Aviano Air Base......... Indoor Firing Range 2,900,000
Aviano Air Base......... Radar Approach 3,700,000
Control Facility.
Aviano Air Base......... Southside Ramp..... 7,000,000
Aviano Air Base......... Upgrade Airfield 4,000,000
Lighting.
------------------
Subtotal, Italy....... ................... 111,400,000
==================
Portugal:
Air Force:
Lajes Field, Azores..... Apron Security 1,800,000
Lighting.
Lajes Field, Azores..... Transient Dormitory 9,000,000
Defense-Wide:
Lajes Field, Azores DESC Replace Hydrant 13,000,000
Fuel System.
------------------
Subtotal, Portugal.... ................... 23,800,000
==================
Spain:
Defense-Wide:
Moron DESC.............. Replace Hydrant 15,200,000
Fuel System.
------------------
Subtotal, Spain....... ................... 15,200,000
==================
Turkey:
Air Force:
Incirlik Air Base....... Consolidated 2,100,000
Communications
Facility.
Incirlik Air Base....... Force Protection: 3,000,000
Perimeter
Improvements.
Incirlik Air Base....... Indoor Firing Range 2,200,000
------------------
Subtotal, Turkey...... ................... 7,300,000
==================
United Kingdom:
Air Force:
RAF Fairford............ CNS Contingency 13,000,000
Dorm (576 PNs).
RAF Feltwell............ Add/Alter CATM 3,100,000
Facility.
RAF Lakenheath.......... Add/Alter Main Fire 5,000,000
Station/CNS Crash
Station.
RAF Lakenheath.......... Communications 5,200,000
Facility.
RAF Lakenheath.......... Consolidated 12,400,000
Support Complex.
RAF Lakenheath.......... Mobility Processing 1,500,000
and Cargo Facility.
RAF Lakenheath.......... Squad Operations/ 18,633,000
AMU, 492 & 494
Flight Squadron.
RAF Lakenheath.......... Supply Material 4,900,000
Control.
RAF Mildenhall.......... Communications 4,000,000
Facility.
RAF Mildenhall.......... CNS Avionics/ 12,200,000
Maintenance
Complex, Phase II.
RAF Mildenhall.......... Corrosion Control 10,200,000
and Maintenance
Complex.
RAF Mildenhall.......... Control Tower/Base 9,500,000
Ops Complex/Crash
Rescue.
RAF Mildenhall.......... Hazardous Material 1,000,000
Storage Facility.
RAF Mildenhall.......... Mobility Processing 4,500,000
Center.
RAF Mildenhall.......... Operations Facility 4,100,000
Defense-Wide:
RAF Mildenhall.......... Replace Hydrant 5,300,000
Fuel System.
------------------
Subtotal, United ................... 114,533,000
Kingdom.
==================
Worldwide Unspecified:
Army:
Unspecified Worldwide Planning & Design.. 25,000,000
Locations.
Unspecified Worldwide Unspecified Minor 10,000,000
Locations. Construction.
Navy:
Unspecified Worldwide Planning & Design.. 3,800,000
Locations.
Air Force:
Unspecified Worldwide Planning & Design.. 29,647,000
Locations.
Unspecified Worldwide Unspecified Minor 5,000,000
Locations. Construction.
Defense-Wide:
Unspecified Worldwide Planning & Design.. 2,000,000
Locations.
------------------
Subtotal, Worldwide ................... 75,447,000
Unspecified.
==================
Grand total......... ................... 831,000,000
------------------------------------------------------------------------
Compliance With Clause 3 of Rule XIII (Ramseyer Rule)
In compliance with clause 3 of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
The accompanying bill would amend the Department of Defense
Appropriations Act, 1999, Public Law 105-262, as follows:
DEPARTMENT OF DEFENSE
* * * * * * *
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 [$1,650,000,000] $2,450,000,000 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 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.
Changes in the Application of Existing Law
Pursuant to clause 3(f) 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 which directly or indirectly change the
application of existing law.
Language is included in various locations throughout the
bill that declares appropriations as emergency requirements
pursuant to the Congressional Budget Act.
Language is included under the Department of State,
Security and Maintenance of U.S. Missions, which makes portions
of the appropriations subject to enactment upon receipt of an
official budget request by the President to the Congress.
Language has been included under chapter 2, Department of
Defense--Military, to include a number of provisions which
makes portions of the appropriations subject to enactment upon
receipt of an official budget request by the President of the
Congress.
Language has been included (Section 201) under chapter 2,
Department of Defense--Military, which increases the Secretary
of Defense's transfer authority for funds provided in the
Department of Defense Appropriations Act, 1999.
Language has been included (Section 202) under chapter 2,
Department of Defense--Military, which increases the funds
available for contribution to the common funded budgets of
NATO.
Language has been included (Section 203) under chapter 2,
Department of Defense--Military, concerning funds for
intelligence-related programs.
Language has been included (Section 204) under chapter 2,
Department of Defense--Military, which extends the pilot
program authority for the Joint Direct Attack Munition program.
Language has been included (Section 205) under chapter 2,
Department of Defense--Military, which addresses burdensharing
for operations in Kosovo.
Language has been included (Section 206) under chapter 2,
Department of Defense--Military, which establishes reporting
requirements regarding operations in Kosovo and their costs.
Language has been included (Section 207) under chapter 2,
Department of Defense--Military, which provides additional
funding for spare parts for military equipment.
Language has been included (Section 208) under chapter 2,
Department of Defense--Military, which provides additional
funding for depot maintenance of military equipment.
Language has been included (Section 209) under chapter 2,
Department of Defense--Military, which provides additional
funding for military personnel recruiting initiatives.
Language has been included (Section 210) under chapter 2,
Department of Defense--Military, which provides additional
funding for military readiness training and operations tempo.
Language has been included (Section 211) under chapter 2,
Department of Defense--Military, which provides additional
funding for military base operations.
Language has been included (Section 212) under chapter 2,
Department of Defense--Military, which provides funding for
adjustments to military pay and retirement programs.
Under ``International Disaster Assistance'', funds are
appropriated to remain available until expended, and are only
available to the extent an official budget request for a
specific dollar amount, that includes designation of the entire
amount of the request as an emergency requirement, is
transmitted by the President to the Congress.
Under ``Economic Support Fund'', funds are appropriated to
remain available until September 30, 2000, for assistance for
Albania, Macedonia, Bulgaria, Bosnia-Herzegovina, Montenegro,
and Romania; are made available notwithstanding any other
provision of law except section 533 of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act,
1999; and are available pursuant to the regular notification
procedures of the Committees on Appropriations (except that the
requirement for a 15 day notification is reduced to 5 days).
Under ``Assistance for Eastern Europe and the Baltic
States'', funds are appropriated to remain available until
September 30, 2000, and up to $1,000,000 of such funds may be
used for administrative costs.
Under ``Migration and Refugee Assistance'', funds are
appropriated to remain available until September 30, 2000, and
not more than $500,000 are for administrative costs; and are
only available to the extent an official budget request for a
specific dollar amount, that includes designation of the entire
amount of the request as an emergency requirement, is
transmitted by the President to the Congress.
Under ``United States Emergency Refugee and Migration
Assistance Fund'', funds are appropriated subject to the terms
and conditions that apply to the funds appropriated under the
same head in the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1999.
A general provision is included that exempts the value of
commodities and services authorized by the President through
March 31, 1999, to be drawn down under the authority of section
552(c)(2) of the Foreign Assistance Act to support
international relief efforts relating to the Kosovo conflict
from the ceiling limitation of that section, and provides that
such assistance may be made available notwithstanding any other
provision of law.
Language has been included (Section 401) under chapter 4,
which provides funds for Military Construction, Army; Military
Construction, Navy; Military Construction, Air Force; and
Military Construction, Defense-Wide.
Launguage is included in title V that addresses the
availability of funds in the Act.
Language is included in title V that states the Sense of
Congress regarding pay parity between civilian and military
employees.
Appropriations Not Authorized by Law
Pursuant to clause 3(f) 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:
Department of State
Diplomatic and Consular Programs
Security and Maintenance of U.S. Missions
Emergencies in the Diplomatic and Consular Service
Department of Defense
Military Personnel, Army
Military Personnel, Navy
Military Personnel, Marine Corps
Military Personnel, Air Force
Overseas Contingency Operations Transfer Fund
Weapons Procurement, Navy
Aircraft Procurement, Air Force
Missile Procurement, Air Force
Procurement of Ammunition, Air Force
Operational Rapid Response Transfer Fund
Appropriations made in Chapter 2, Sections 207 through 212
International Disaster Assistance
Economic Support Fund
Assistance for Eastern Europe and the Baltic States
Migration and Refugee Assistance
United States Emergency Refugee and Migration Assistance Fund
Department of Defense
Military Construction, Army
Military Construction, Navy
Military Construction, Air Force
Military Construction, Defense-wide
North Atlantic Treaty Organization Security Investment Program
Transfers
Pursuant to clause 1(b) of rule X of the Rules of the House
of Representatives, the following table is submitted describing
the transfers of unexpended balances in the accompanying bill:
Transfers recommended in the bill
Language is included in chapter 2 that increases the
limitation of funds included in the Department of Defense
Appropriations Act, 1999, that can be transferred among
accounts.
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.
Comparison With the Budget Resolution
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 budget
authority provided in the accompanying bill is designated
emergency funding requirements under the procedures set forth
in section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended. The Committee will
receive an increased allocation to accommodate this budget
authority and resulting outlays after reporting this bill.
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.............................................. $12,947
Outlays:
1999...................................................... 2,954
2000...................................................... 7,072
2001...................................................... 1,779
2002...................................................... 648
2003 and beyond........................................... 253
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.............................................. 0
Fiscal year 1999 outlays resulting therefrom.................. 0
Full Committee Votes
Pursuant to the provisions of clause 3(a)(1)(b) of rule
XIII of the House of Representatives, the results of each
rollcall vote on an amendment or on the motion to report,
together with the names of those voting for and those voting
against, are printed below:
ROLLCALL NUMBER: 1
Date: April 29, 1999.
Measure: Kosovo and Southwest Asia Emergency Supplemental
Appropriations Bill, FY 1999.
Motion by: Mr. Obey.
Description of motion: To reduce amounts in the bill for
spare parts, depot maintenance, recruiting, training, base
operations, and military construction; and to insert
authorization for military pay and retirement reform, funding
for agricultural emergencies, funding for Hurricanes Mitch and
Georges recovery, funding for several non-emergency matters,
several rescissions and offsets, technical corrections to P.L.
105-277, and funding for emergency food assistance.
Results: Rejected, 20 Yeas to 35 Nays.
Members Voting Yea Members Voting Nay
Mr. Boyd Mr. Bonilla
Mr. Cramer Mr. Callahan
Ms. DeLauro Mr. Cunningham
Mr. Dixon Mr. DeLay
Mr. Edwards Mr. Dickey
Mr. Hinchey Mr. Dicks
Mr. Hoyer Mrs. Emerson
Mr. Jackson Mr. Forbes
Ms. Kaptur Mr. Frelinghuysen
Ms. Kilpatrick Ms. Granger
Mrs. Meek Mr. Hobson
Mr. Obey Mr. Istook
Mr. Olver Mr. Kingston
Mr. Pastor Mr. Knollenberg
Ms. Pelosi Mr. Kolbe
Mr. Price Mr. Latham
Ms. Roybal-Allard Mr. Lewis
Mr. Sabo Mr. Miller
Mr. Serrano Mr. Mollohan
Mr. Visclosky Mr. Moran
Mr. Murtha
Mr. Nethercutt
Mr. Packard
Mr. Peterson
Mr. Porter
Mr. Regula
Mr. Rogers
Mr. Skeen
Mr. Sununu
Mr. Tiahrt
Mr. Walsh
Mr. Wamp
Mr. Wicker
Mr. Wolf
Mr. Young
Dissenting Views
There are several sets of issues raised by the President's
request for emergency spending to deal with the current crisis
in Kosovo. One set deals with current U.S. policies toward
Kosovo and the adequacy of the funds requested to implement
those policies. The other deals with the integrity of the
congressional budget process and the use of the ``emergency
spending'' designation to exempt certain spending items from
the ceilings established within that process. This Committee,
at the firm direction of the House Leadership, appears to have
placed itself on both sides of both sets of issues.
While many members of the Committee voted against
resolutions supporting current military efforts in Yugoslavia,
most of those same members are insisting on an enormous
increase in the President's request for funding those efforts.
At the same time, those members appear to have reversed
themselves on the use of the emergency spending powers within
the Budget Act.
Only a month ago they were arguing (at the insistence of
their leadership) that emergency spending authority should be
used so sparingly that the Congress could not address the
current farm crisis or the hurricane disaster which struck
Central America without rewriting the budget for the current
fiscal year. As a result, no action on either of those crises
has yet been taken.
Now the Committee Majority is arguing that the emergency
designation procedure should be used to add billions to the
President's request for Kosovo--even though most of that
spending is unrelated to Kosovo and falls entirely outside the
Budget Act requirements for emergency spending.
The President's request
It is difficult to understand the magnitude of the
inconsistency displayed by the Committee on either of these
issues without first reviewing the President's request for
Kosovo. That request--particularly with respect to military
operations--is in a word, robust. It contains the funds needed
to meet all costs and replace all items used thus far in the
Kosovo conflict. It contains sufficient funds to fill
Yugoslavian airspace with allied aircraft to virtual capacity
between now and the end of the current fiscal year on September
30th and to drop all of the munitions that those aircraft are
capable of carrying for each of the remaining 148 days during
that period. That includes funds for all of the 500 planes
which have been in use since the beginning of the air conflict,
the 82 additional planes that were requested last month, and
the 300 new planes now being sent into the region.
It contains sufficient funds to build and arm an Apache
helicopter base near the Albanian border. There are funds to
provide for as many as 50 Apache helicopters along with the
tanks, infantry forces and ATACMS missiles to protect the base
and support operations. It fully funds the callup of 33,000
reservists. On top of every identified need, there is also an
$850 million reserve fund to pay for additional parts,
munitions or other possible contingencies if needed. In short,
the air war against Yugoslavia will not be constrained by lack
of funding under the President's $6 billion request.
Additional funding will not intensify the air war. General
Wesley Clark, the Supreme Allied Commander of NATO, may be
prevented from conducting the most aggressive possible air
campaign because of uncooperative weather, lack of political
consensus among the allies or simply the lack of airspace over
the targets, but he will not lack financial resources.
In addition to these military items, the President has
requested $591 million for Department of State refugee relief,
economic support, and embassy security needs.
The Committee response
The role of the Appropriations Committee has traditionally
been to protect the public from the potentially excessive
demands for spending by the Executive Branch. In most years,
the Committee has not only cast a skeptical eye on
administration spending proposals but has recommended spending
levels well below the amounts requested. That tradition stands
in sharp contrast to the contents of the legislation
accompanying this report.
For defense, the Committee has added $6.9 billion to the
$5.5 billion that was requested for the Department of Defense
for a total of $12.4 billion--a 125% increase above requested
levels. It has provided $460 million for additional munitions,
$400 million for unanticipated and unidentifiedprocurements, $1
billion for a wide variety of military construction projects around the
world, $1.3 billion for additional spare parts, $900 million for
additional maintenance and about $800 million for several smaller
items. It has also included $1.84 billion for the President's proposed
increase in military pay and retirement benefits scheduled to take
place next year; but it neglected to include the authorizing language
which would actually deliver those benefits to the troops.
The Majority members of the Committee insist that these
funds are necessary because of critical worldwide shortages in
U.S. military munitions, spare parts and maintenance funds. If
such shortages do exist it is appropriate to ask why. And it is
also appropriate to ask who is responsible.
JDAM cutback
Recently, discussion of military shortages has focused on
the potential shortage of Joint Direct Attack Munitions (JDAM).
There is a possibility that the Pentagon may exhaust existing
stocks of these all weather, satellite guided precision bombs
before new shipments arrive later this month. If we have poor
weather in the Balkans in the coming weeks, that shortage could
impede the air war. The reason for the shortage however, is not
a lack of defense spending but a lack of spending on the right
items within the defense budget. While the Congress succeeded
in spending well above the President's request for defense last
year, they actually cut his request for JDAM procurement by
13%--from $53.2 million to $46.2 million. Those funds were
redirected to other large-scale procurement items that the
Pentagon had not requested but which were produced in the
states and districts of powerful Senators and Representatives.
Over the last four fiscal years (FY1996 through 1999),
Congress has added about $27 billion, or 2.5%, to military
spending above the levels requested by the President. While
many of the advocates talk about the desperate shortages in
readiness when they argue for these sums, the nature of the
emergency seems to change radically when it comes time to spend
the money. According to CBO data only about $3.6 billion or 14%
of these add-ons went for spare parts, training, equipment
maintenance and other areas of defense readiness. Senator John
McCain pointed out in Defense Daily last year:
* * * pork barrel spending is at an all time high * *
* The lack of appreciation of the problems the men and
women in the military face--and now the belief that
somehow the defense budget is the way to fund home-town
pork projects and pump up the National Guard at the
expense of the regular forces--I think is really very
serious.
Military construction add-ons
Also contained in this package is more than $1 billion for
additional military construction spending. Only a tiny fraction
of these funds have any arguable relevance to the current
military activity in Yugoslavia. The 77 projects which are
funded are scattered in locations ranging from Southwest Asia
to Northern Europe. Few of the projects can be completed within
a 12- or even 24-month timeframe and it is highly questionable
whether they represent the most pressing military construction
needs.
Nearly half, or 37, of these projects representing $335
million in total spending are not even contained on the
Pentagon 5-year plan for upgrading physical infrastructure.
These projects at U.S. bases in Germany are being pushed ahead
of construction needs that the Pentagon's own methodical
internal review process says are more important. This Committee
does not have the expertise to make such judgments. They
require massive amounts of information and planning. If the
Committee believes that Pentagon prioritization of
infrastructure needs is badly out of whack, it should demand
that the Pentagon fix it. If it does not, it should largely
abide by those judgments in allocating scarce resources.
Responsible use of emergency spending authority
In 1990, the Congress adopted various reforms to the Budget
Act. In order to permit the inclusion of rigid caps on
discretionary spending, the Bush administration proposed that
the flexibility necessary to respond to unforeseen emergencies
be preserved by providing emergency spending authority.
According to the President's OMB Director at the time, Richard
Darman, that authority should be used only when the need for
funds is ``urgent'', ``unanticipated'', and ``essential.''
The current majority caucus in the House has had a great
deal of difficulty over the years in coming to terms with this
provision of the Budget Act. In1993, when vast areas of the
Mississippi and Missouri River Valleys were under water and billions in
crops, livestock, businesses and homes had been lost, a majority of
House Republicans opposed the use of the emergency spending authority
to provide relief to the flood victims. In the end they backed away
from the insistence of some of their members that the aid be provided
with a 16% across the board cut rather than through the use of the
emergency clause.
In 1996 they delayed action for months on a second flood
that had struck communities in the Upper Midwest because of
disagreements over this same provision allowing for emergency
appropriations. They relented only after the public became
outraged at congressional inaction.
But in the fall of 1998, House Republicans reversed field
entirely. In response to an administration request for a little
more than $7 billion in emergency funding to deal with the
bombing of U.S. embassies in Africa, cope with the year 2000
computer bug, sustain U.S. military operations in Bosnia and
relief for the victims of East Coast hurricane damage,
Congressional Republicans demanded their own list of
``emergency spending'' items. By the time the process was over
a billion dollars had been added for anti-missile defense, a
billion and a half dollars for various intelligence programs
and $0.7 billion for anti-drug activities. The entire package
came to $21.3 billion and none of it was offset.
The field was reversed again this spring when the
administration asked for $963 million to deal with problems
created by Hurricanes Mitch and Georges and the devastation
that they brought to Central America and the Caribbean. The
original intention of the committee to proceed without offsets
to this spending was reversed by a last minute leadership
directive that they must be included. The offsets that were
identified were unacceptable to not only House Democrats and
the Administration but to Senate Republicans as well. Although
the legislation passed the House by a very narrow margin, a
conference committee to consider the differences between House
and Senate versions has not met in the six weeks since it
cleared both chambers.
Now the House Republican Leadership has reversed course
again. Rather than insisting on spending cuts to finance
military operations in Yugoslavia they are insisting on
doubling the amount of the surplus that will be used for that
purpose. Furthermore, they are insisting that items that in no
way qualify under the budget act definition of ``emergency'' be
included. Of the $3 billion in additional Operations and
Maintenance spending included in their package, $1.8 billion of
that will not even be spent in the current year and is advance
funding those activities for fiscal 2000. In the military
construction category, of the more than $1 billion contained in
the measure probably no more than $20 million is for projects
that are related to Kosovo and could be built in a time frame
that would conceivably make them useful to the current effort.
While one might argue that nearly all of this $6.9 billion
add on is nonemergency, there is clearly $2.9 billion that
falls completely outside the definition. Whatever arguments one
might make for appropriating a portion of next year's regular
operations and maintenance funds in this fiscal year, that
action cannot be justified as an ``unanticipated'' expense. The
issue is even greater with respect to military construction
projects that will take years to complete. Furthermore, if the
committee really feels that there is an ``urgent'' need for
more military construction they should at least pick projects
that are on the Pentagon five-year plan and for which
architectural and site development plans are available.
The majority's alternating refusal to use emergency
authority to address real emergencies when they occur and
insistence on appropriating large sums under the emergency
authority for items that clearly fail to meet the established
criteria for emergency spending undercuts the credibility of
the Congress on budget matters. It is also eating up
significant portions of the surplus for questionable spending
items. But most importantly, it is hamstringing our ability to
act to protect the national interest in a consistent and timely
manner--a failing that could be even more expensive in the long
run.
David Obey.