FY2009 Spring Supplemental Appropriations for Overseas Contingency Operations
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FY2009 Spring Supplemental Appropriations
for Overseas Contingency Operations
(name redacted), Coordinator
Specialist in Defense Policy and Budgets
(name redacted), Coordinator
Specialist in Foreign Policy
(name redacted)
Specialist in Foreign Affairs
(name redacted)
Specialist in International Humanitarian Policy
(name redacted)
Analyst in Foreign Affairs
(name redacted)
Specialist in South Asian Affairs
(name redacted)
Specialist in Public Health and Epidemiology
July 15, 2009
Congressional Research Service
7-....
www.crs.gov
R40531
CRS Report for Congress
Prepared for Members and Committees of Congress
FY2009 Spring Supplemental Appropriations for Overseas Contingency Operations
Summary
On June 11, 2009, the House and Senate Appropriations Committees announced a conference
agreement on H.R. 2346, a bill providing supplemental appropriations for the remainder of
FY2009. The House passed the conference report (226 to 202) on June 16; the Senate passed it
(91 to 5) on June 18. President Obama signed it into law (P.L. 111-32) on June 24.
On key issues, the agreement includes: $5 billion, as in the Senate bill, to support U.S. loans to
the International Monetary Fund, does not include a Senate provision allowing the Secretary of
Defense to exempt photos of military detainees from release under the Freedom of Information
Act; does not include $80 million requested for the Department of Defense and the Department of
Justice to facilitate closure of the Guantanamo Bay prison; prohibits the release of Guantanamo
detainees in the United States and prohibits transfers of prisoners except to be prosecuted;
provides $1.9 billion for H1N1 pandemic flu preparedness (declared to be a pandemic by the
World Health Organization on June 11), along with $5.8 billion more, contingent on the President
determining it is needed; and $1 billion for the “Cash for Clunkers” program to provide payments
to consumers who trade in their inefficient vehicles and purchase more fuel efficient ones.
Including the contingent influenza funding, the bill provides a total of $105.9 billion in
supplemental appropriations. The total includes $79.9 billion for defense and intelligence
activities in Iraq and Afghanistan; $10.4 billion for international affairs (including food aid); $5
billion for IMF loans; $7.7 billion for influenza measures; $250 million, as requested, for
domestic fire fighting; $847 million, as in the Senate bill, in unrequested funds for the Corps of
Engineers for flood control projects; $72 million, as requested, for Capitol Police radios; and $1
billion for the “Cash for Clunkers” program.
The decision to exclude the Senate provision on detainee photos was reportedly approved in the
conference only after the President agreed in a letter to take steps to prevent release of photos or
videos of prisoner abuse. Because the bill does not include that provision, Democratic leaders
said they were able to get enough support from House Democrats who initially opposed the bill to
overcome opposition from Republicans who objected to IMF funding.
H.R. 2346 provides funds, with some adjustments, that the Administration requested in four
supplemental appropriations proposals, including an April 9 request for $83.4 billion in
supplemental funding for defense, international affairs, domestic fire fighting, and other purposes;
an April 30 request for $1.5 billion for influenza preparedness and response; and a May 12
request for $5 billion to support International Monetary Fund borrowing authority. On June 2, the
Administration submitted an additional request for $2.0 billion more for influenza response, for
expanded authority to transfer funds from other appropriations for influenza measures, and for
$200 million in additional humanitarian assistance to Pakistan.
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FY2009 Spring Supplemental Appropriations for Overseas Contingency Operations
Contents
Most Recent Developments.........................................................................................................6
Overview of FY2009 Supplemental Requests..............................................................................7
April 9, 2009, Supplemental Request for Overseas Contingencies and Other
Purposes ......................................................................................................................7
April 30, 2009, Supplemental Appropriations Request for Influenza Preparedness
and Response ...............................................................................................................9
May 12, 2009, Supplemental Appropriations Request for International Monetary
Fund Loans ..................................................................................................................9
June 2, 2009, Supplemental Appropriations Request for Additional Funding and
Transfer Authority for Influenza Preparedness and Response and for Aid to
Pakistan .......................................................................................................................9
Timing of the Supplemental .......................................................................................... 10
Overview of the Enacted Supplemental (P.L. 111-32) ................................................................ 11
Overview of the House-Passed Bill, H.R. 2346.......................................................................... 15
Highlights of Department of Defense Funding in the House-Passed Bill ........................ 16
Highlights of International Affairs Funding in the House-Passed Bill............................. 18
Overview of the Senate-Passed Bill........................................................................................... 18
Highlights of Department of Defense Funding in the Senate-Passed Bill........................ 20
Highlights of International Affairs Funding in the Senate-Passed Bill ............................ 21
The FY2009 Defense Supplemental Request and Congressional Action..................................... 22
DOD’s FY2009 Procurement Request ................................................................................. 23
Non-War-Related Funding in the Defense Request .............................................................. 25
Enacted FY2009 Supplemental – $4 billion Above Request for Defense.............................. 26
Major Issues in Congressional Action on the Defense Request............................................. 27
Added Congressional Funding for Major Weapons Programs ........................................ 27
Defense Department Assistance to Pakistan................................................................... 28
Congressional Final Action ........................................................................................... 29
Defense Department Role in Border Security with Mexico ............................................ 29
Congressional Final Action ........................................................................................... 29
Congressional Final Action on Oversight Provisions ..................................................... 30
The FY2009 International Affairs Supplemental Request and Congressional Final Action ......... 31
The Administration’s Request.............................................................................................. 31
Congressional Final Action ................................................................................................. 32
Other FY2009 Supplemental Funding Requests and Congressional Action ................................ 37
Responding to the H1N1 Influenza Pandemic...................................................................... 37
Administration Request for Influenza Funding .............................................................. 37
House Action on Influenza Funding .............................................................................. 39
Senate Action on Influenza Funding .............................................................................. 40
Enacted Influenza Funding............................................................................................ 41
Other Supplemental Funding Requests ................................................................................ 42
Guantanamo Bay Prison Shutdown ............................................................................... 43
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FY2009 Spring Supplemental Appropriations for Overseas Contingency Operations
Tables
Table 1. Congressional Action on FY2009 Supplemental by Title .............................................. 14
Table 2. House and Senate Action on FY2009 Supplemental Appropriations: Department
of Defense Funding by Title ................................................................................................... 17
Table 3. Defense Bridge and Supplemental Funding by Title, FY2007-FY2009 Enacted........... 22
Table 4. DOD Breakdown of Supplemental Funding by Functional Category: FY2007FY2009.................................................................................................................................. 24
Table A-1. FY2009 Supplemental and Iraq Reconstruction: Request and Conference
Report.................................................................................................................................... 45
Table B-1. FY2009 Supplemental and Afghanistan Aid: Request and Conference Report........... 49
Table C-1. FY2009 Supplemental Appropriations for Pakistan .................................................. 54
Table F-1. FY2008 and FY2009 Bridge and Supplemental Defense Appropriations:
Detail by Bill and Account ..................................................................................................... 62
Table G-1. Table G-1: Congressional Action on FY2009 Supplemental (H.R. 2346/P.L.
111-32) by Title, Department, Program, and Account ............................................................. 73
Appendixes
Appendix A. FY2009 Supplemental Appropriations for Iraq Reconstruction.............................. 44
Appendix B. FY2009 Supplemental Appropriations for Assistance to Afghanistan .................... 48
Appendix C. FY2009 Supplemental Appropriations for Assistance to Pakistan .......................... 52
Appendix D. FY2009 Supplemental Appropriations for Other Humanitarian Assistance ............ 55
Appendix E. FY2009 Supplemental Appropriations for Support of the International
Monetary Fund ...................................................................................................................... 60
Appendix F. FY2008 and FY2009 Defense Funding, Detail Table ............................................. 62
Appendix G. FY2009 Supplemental Request and Congressional Action..................................... 73
Contacts
Author Contact Information ...................................................................................................... 87
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FY2009 Spring Supplemental Appropriations for Overseas Contingency Operations
Most Recent Developments
On June 11, 2009, the House and Senate Appropriations Committees announced a conference
agreement on H.R. 2346, a bill providing supplemental appropriations for the remainder of
FY2009. The House passed the conference report (H.Rept. 111-151) with a vote of 226 to 202 on
June 16; the Senate passed it (91 to 5) on June 18. The full text of the conference agreement was
released June 12. President Obama signed the bill into law (P.L. 111-32) on June 24.
The agreement includes $5 billion, as in the Senate bill, to support U.S. loans to the International
Monetary Fund, and does not include a Senate provision allowing the Secretary of Defense to
exempt photos of military detainees from release under the Freedom of Information Act. Because
the bill did not include that provision, there was enough support from House Democrats who
initially opposed the bill to overcome opposition from Republicans who objected to IMF funding.
On June 2, 2009, the White House submitted a request for additional FY2009 supplemental
appropriations of $2.0 billion for influenza preparedness and response and $200 million for
humanitarian assistance to Pakistan.
On May 21, by a vote of 86-3, the Senate approved H.R. 2346, a bill providing additional
supplemental appropriations for the remainder of FY2009. The House passed its version of the
bill on May 14 by a vote of 368-60. Senate approval cleared the bill for consideration by a HouseSenate conference committee.
Procedurally, on May 19, the Senate took up the House-passed supplemental bill and substituted
the text of S. 1054, a version reported by the Senate Appropriations Committee on May 14. As
reported and subsequently approved on the floor, the Senate bill provided $91.3 billion, of which
$5 billion was to support loans to the International Monetary Fund (IMF) that were not part of the
Administration’s pending request, but that fulfill commitments that have been under discussion
since last Fall. Apart from the IMF funds, the Senate bill provided $86.3 billion, $1.3 billion
above the request. The House-passed version of the bill provided supplemental appropriations of
$96.3 billion, $11.4 billion more than the Administration’s amended request.
Earlier, the Administration submitted three requests for FY2009 supplemental appropriations that
were addressed in the pending House and Senate bills. On April 9, 2009, the White House
requested $83.4 billion in supplemental appropriations for defense, international affairs, domestic
fire fighting, and some other purposes. On April 30, 2009, following influenza outbreaks in
Mexico and in parts of the United States, the White House requested $1.5 billion for influenza
preparedness and response measures. On May 12, the White House submitted a formal request for
supplemental appropriations and for legislative language to support IMF loans in response to the
global financial crisis.
Congress had provided down-payments on FY2009 war-related supplemental funding last year.
On June 30, 2008, the President signed into law, P.L. 110-252, H.R. 2642, a bill providing
supplemental appropriations for FY2008 and FY2009. The bill included $65.9 billion for defense
and $4.0 billion for foreign affairs in FY2009. The Department of Defense (DOD) funding was
mainly for operation and maintenance accounts, and was intended, together with money in the
regular FY2009 defense appropriations act, to sustain ongoing military operations through the
first few months of that fiscal year.
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Overview of FY2009 Supplemental Requests
Between April 9, 2009 and June 2, 2009, the Administration submitted four requests for FY2009
supplemental appropriations, including:
•
An April 9, 2009, request for $83.4 billion in net additional FY2009 funding,
mainly for defense and international affairs, with smaller amounts for domestic
fire fighting, Department of Energy counter-proliferation programs, Justice
Department programs including measures to facilitate closure of the Guantanamo
Bay prison, National Security Council administration, and Capitol Police radios;
•
An April 30, 2009, request for $1.5 billion to be appropriated to the Executive
Office of the President for transfer to other agencies for H1N1 influenza
preparedness and response measures;
•
A May 12, 2009, request for appropriations of $5 billion to support U.S. financial
backing of International Monetary Fund loans in response to the global financial
crisis; and
•
A June 2, 2009, request for an additional $2.0 billion for influenza preparedness
and response, $200 million for humanitarian assistance to Pakistan, and several
billion dollars of transfer authority for influenza response. The influenza-related
funding and transfer authority were to be contingent on the President determining
that additional resources are required to address critical needs related to emerging
influenza viruses.
April 9, 2009, Supplemental Request for Overseas Contingencies and Other
Purposes1
On April 9, 2009, the Administration requested a net total of $83.4 billion in additional
supplemental appropriations for FY2009, comprised of $86.8 billion in new appropriations, offset
by $3.4 billion of recessions of previously appropriated funds. Of the total in the initial April 9
request,
•
$75.5 billion was for Department of Defense and intelligence activities related to
operations in Iraq and Afghanistan;
•
$3.7 billion, offset by rescissions of $3.4 billion, was for other defense activities;
•
$7.1 billion was for international affairs;
•
$89.5 million was for Department of Energy counter-proliferation programs in
Russia, North Korea, and elsewhere;
•
$47 million was for Department of Justice national security related programs,
including $30 million to implement executive orders for shutting down the
Guantanamo Bay prison and for related expenses (an additional $50 million for
1
White House Office of Management and Budget, “Estimate #1—FY 2009 Supplemental: Appropriations Request that
will Fund Our Ongoing Military, Diplomatic, and Intelligence Operations,” April 9, 2009, http://www.whitehouse.gov/
omb/asset.aspx?AssetId=1086.
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moving prisoners out of Guantanamo Bay was in the request for the Department
of Defense);
•
$2.9 million was for operations of the National Security Council;
•
$250 million was for the Forest Service and the Department of the Interior for
fire fighting and rehabilitation of burned areas; and
•
$71.9 million was for the Legislative Branch to purchase secure radios for the
Capitol Police.
Together with $65.9 billion that Congress had already provided, if approved by Congress, the
April 9 request for the Department of Defense would have brought the total supplemental defense
funding for FY2009 to $145 billion, partly offset by $3.4 billion of rescissions.
The $7.1 billion supplemental request for international affairs included:
•
•
$2.3 billion for State Department operations, including
•
$261.5 million for Afghanistan Operations;
•
$36.5 million for Pakistan Operations;
•
$898.7 million for embassy security and construction;
•
$836.9 million for international peacekeeping;
$4.8 billion for foreign assistance programs, including
•
$980.0 million for aid to Afghanistan;
•
$482.0 million for aid to Iraq;
•
$497.0 million for aid to Pakistan;
•
$715.0 million for aid to West Bank/Gaza;
•
$500.0 million for humanitarian assistance; and
•
$448.0 million to developing countries affected by the global financial crisis.
Together with $4.0 billion provided in June 2008, the additional amount requested for foreign
affairs would have brought the total supplemental appropriations for FY2009 to just over $11
billion. In practice, however, there is often little to distinguish between what is being provided in
the base budget and what has been funded with supplementals. Both regular and supplemental
appropriations have been used to finance State Department operations in Iraq and Afghanistan
and a wide range of foreign aid programs in Afghanistan and elsewhere. Of the $4.0 billion in
FY2009 supplemental foreign affairs funding provided in June, 2008, $1.1 billion was for State
Department accounts, of which $550.5 million was for operations in Iraq, and $2.9 billion was for
country foreign aid allocations and international food assistance.
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FY2009 Spring Supplemental Appropriations for Overseas Contingency Operations
April 30, 2009, Supplemental Appropriations Request for Influenza
Preparedness and Response2
On April 30, 2009, the White House requested an additional $1.5 billion in FY2009 supplemental
appropriations for pandemic flu preparedness and response measures. All of the money was
requested to be appropriated to the Executive Office of the President in a new account entitled
“Unanticipated Needs for Influenza,” available for transfer to other agencies.
May 12, 2009, Supplemental Appropriations Request for International
Monetary Fund Loans3
On May 12, the White House formally sent Congress a request for supplemental appropriations
and for legislative language to support increases in borrowing authority for the International
Monetary Fund. One part of the proposal was to support an increase of about $8 billion in the
U.S. quota subscription to the IMF. A second part is to support an increase in U.S. support for the
IMF’s “New Arrangements to Borrow” (NAB). This proposal would increase the overall NAB
from $50 billion to $500 billion of which the U.S. share would be limited to $100 billion. Since
these amounts represent increases in amounts the IMF may borrow, the cost to the U.S. Treasury
is nil if all the loans are repaid. Appropriations are required by congressional budget procedures
governing credit and credit guarantees only to cover the amount of assumed risk to the Treasury
of defaults on the loans. The Congressional Budget Office and the Office of Management and
Budget have agreed to estimate the appropriations required at about $5 billion. In the past, U.S.
payments to the IMF have been considered to have no budget impact—they have been treated as
an exchange of assets, with equivalent assets being transferred to the United States.4
June 2, 2009, Supplemental Appropriations Request for Additional Funding
and Transfer Authority for Influenza Preparedness and Response and for Aid
to Pakistan5
On June 2, the White House submitted an additional supplemental appropriations request for
influenza preparedness and for aid to Pakistan. The OMB Director’s cover letter to the President,
submitted as usual to Congress along with the request, notes that the House approved $2.05
billion and the Senate $1.5 billion for influenza response in their respective versions of H.R.
2346, the pending supplemental appropriations bill. The letter complained that neither the House
2
White House Office of Management and Budget, “Estimate #2—FY 2009 Supplemental: Enhancing the Nation’s
Capability to Respond to the 2009-H1N1 Flu Outbreak,” April 30, 2009, http://www.whitehouse.gov/omb/asset.aspx?
AssetId=1150.
3
White House Office of Management and Budget, “Estimate #3—FY 2009 Supplemental: Request for Changes
Related to the International Monetary Fund (IMF), including the U.S Quota Subscription to the IMF and U.S.
Participation in the New Arrangements to Borrow,” May 12, 2009, http://www.whitehouse.gov/omb/asset.aspx?
AssetId=1232.
4
For a discussion, see CRS Report R40578, The Global Financial Crisis: Increasing IMF Resources and the Role of
Congress, by (name redacted) and (name redacted)
5
White House Office of Management and Budget, “Estimate #5—FY 2009 Supplemental: Additional and Contingent
Appropriations Request and Other Authorities to Enhance the Nation’s Capability to Respond to Emerging Flu Viruses;
and an Appropriations Request to Address the Growing Humanitarian Crisis in Pakistan,” June 2, 2009,
http://www.whitehouse.gov/omb/asset.aspx?AssetId=1349.
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FY2009 Spring Supplemental Appropriations for Overseas Contingency Operations
nor the Senate provided the degree of flexibility in using the funds that is necessary. The letter
said OMB will urge Congress to approve the House level with the flexibility originally requested.
In addition, the Administration requested $2.0 billion more, appropriated as in the April 30
request to the Executive Office of the President in an account for Unanticipated Needs for
Influenza for transfer to other agencies. The funding was proposed to be available, however, only
“if the President determines that additional resources are required to address critical needs related
to emerging influenza viruses.”
In addition to $2.0 billion requested in contingent appropriations, the proposal requested
authority, also contingent on the President determining that additional resources are required, for
the Director of OMB to transfer substantial amounts of funds appropriated for other purposes to
meet influenza-related needs and to use balances of funds in the BioShield reserve fund for
influenza countermeasures. The amounts available under these proposals included:
•
Up to 1% of amounts appropriated in Division A of P.L. 110-5, the American
Recovery and Reinvestment Act (ARRA). In all, Division A would have
appropriated $311.2 billion, so the supplemental request would have allowed
transfers of as much as $3.1 billion.6
•
Up to 1% of discretionary funds available to the Department of Health and
Human Services (HHS) in FY2009, including balances of funds provided in prior
years. FY2009 discretionary budget authority for HHS totals $78.5 billion, not
including $22.5 billion provided for HHS in ARRA. The supplemental request
would have allowed transfer of at least $785 million plus 1% of unobligated
balances of prior year appropriations.7
•
Remaining funds in the “Biodefense Countermeasures” account in the
Department of Homeland Security (i.e., the BioShield Special Reserve Fund) for
procurement of medical countermeasures for influenza (e.g., vaccines, antiviral
drugs, and laboratory tests). The Special Reserve Fund, which the White House
proposed for transfer to HHS in its budget request for FY2010, was estimated to
have a balance of $2.76 billion at the end of FY2009.8
For Pakistan, the June 2 supplemental proposal asked for an additional $200 million in
humanitarian assistance, including $40 million for migration and refugee assistance, $130 million
in the Economic Support Fund account to assist displaced people, and $30 million in international
disaster assistance.
Timing of the Supplemental9
As has been the case for the past couple of years, Congress was under some pressure to act
quickly on the Administration’s supplemental request. In testimony on April 30, 2009, Secretary
6
See CRS Report R40537, American Recovery and Reinvestment Act of 2009 (P.L. 111-5): Summary and Legislative
History, by (name redacted) et al., Table 1.
7
See Office of Management and Budget, Budget of the United States Government, Fiscal Year 2010: Historical
Tables, May 2009, Table 5.4.
8
Executive Office of the President, Office of Management and Budget, Appendix, Budget of the U.S. Government,
Fiscal Year 2010, May 2009, p. 544, http://www.whitehouse.gov/omb/budget/fy2010/assets/appendix.pdf.
9
Final update of Defense sections written by (name redacted).
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Gates suggested that “some operations funds will begin to run out in July,” and that if the
supplemental were not enacted by Memorial Day, DOD would “need to consider options to delay
running out of funds,” a dilemma that DOD has faced each year since 2004. In addition to using
war funding enacted in the FY2009 bridge, the services temporarily tap their baseline funding in
order to finance war costs longer, a practice known as cash flowing that has been used frequently
in recent years. If necessary, DOD could also extend funding into early August by using its
authority to transfer funds between accounts.10
In the past two years, congressional action on war-related supplemental funding has taken until
the end of June, and this year’s request came several weeks later than usual. While Iraq policy,
the most contentious issue in recent years, was not in play this year, other issues such as the
closing of Guantanamo, release of pictures of detainees, and funding for the IMF proved difficult
to resolve. The bill was signed by the President on June 24, 2009 in advance of when Army funds
were expected to run out.
Overview of the Enacted Supplemental (P.L. 111-32)
The Supplemental Appropriations Act, 2009 (P.L. 111-32), includes a total of $105.9 billion in
supplemental appropriations, including $5.8 billion for flu preparedness that is contingent on the
President determining that the money is needed to respond to the illness. (For summary of
funding by title, see Table 1. For account-by-account funding, see Appendix G.) The
supplemental provides:
•
$79.9 billion for defense and intelligence activities in Iraq and Afghanistan;
•
$10.4 billion for international affairs, including $700 million for P.L. 480;
•
$5 billion for loans to the IMF;
•
$7.7 billion for influenza preparedness and response, including $1.9 billion
available immediately, and $5.8 billion contingent on the President determining
that the funding is necessary to respond to the outbreak. Of amounts available
immediately, $350 million is for state and local response measures, and $50
million is in the Global Health and Child Survival Fund for international
measures;
•
$250 million, as requested, for domestic fire fighting;
•
$72 million, as requested, for Capitol Police radios;
•
$847 million, as in the Senate bill, in unrequested funds for the Corps of
Engineers for disaster-related flood control projects; and
•
$1 billion as initial funding for the “Cash for Clunkers” program to provide
vouchers of $3,500 or $4,500 for consumers who trade in inefficient vehicles for
more efficient new ones.
10
CRS Report RL33110, The Cost of Iraq, Afghanistan, and Other Global War on Terror Operations Since 9/11, by
(name redacted).
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FY2009 Spring Supplemental Appropriations for Overseas Contingency Operations
Defense funding in the enacted version totals $79.9 billion, $4 billion above the request and
includes:
•
$4.0 billion more than requested for procurement including $2.7 billion more
for C-17 and C-130 cargo aircraft; $1.8 billion for additional light-weight Mine
Resistant Ambush Protected (MRAP) vehicles for Afghanistan; $500 million
for National Guard and reserve procurement; $200 million more for Stryker
vehicles, partly offset by cuts for pricing, non-war requests, and unrealistic
plans;
•
$600 million, as requested, for 4 F-22 fighter aircraft but with a ban on using
any of these funds to shut down the line;
•
an additional $534 million to provide retroactive payments of $500 per month
to all service members serving since 9/11 whose enlistments were extended by
stop-loss orders, extending a benefit provided last year to those currently in the
force;11
•
$1.1 billion in Coalition Support and lift and sustain funds for assistance to
nations, mainly in the region, that have supported U.S. operations in Iraq and
Afghanistan, $250 million below the request;
•
$3.6 billion for training the Afghan Security Forces, and an extension of the
availability of $1 billion previously appropriated for the Iraq security forces;
•
$400 million, as requested, for Defense Department-administered
counterinsurgency assistance to Pakistan, with direction to transfer
responsibility to the State Department in FY2010, which is given $700 million
for the following year;
•
$1.1 billion for Defense Health including an additional $155 million for
rehabilitation equipment ($20 million), psychological health and Traumatic
Brain Injury ($75 million) and orthopedic research ($51 million) to address
major war-related health problems;12 and
•
$2.7 billion for military construction including not only funding for facilities in
Afghanistan but also $276 million for childcare centers, $440 million for
warrior transition centers in the United States, and $488 million in unrequested
construction funds for military hospitals.
For international affairs, the enacted supplemental provides $10.4 billion, about $3.3 billion
above the request, including:
•
$1.4 billion, $9 million above the request for assistance and diplomatic
operations and facilities in Afghanistan;
•
$1.3 billion, $1.2 billion above the request, for the Foreign Military Financing
Program;
11
For more information, see CRS Report R40121, U.S. Military Stop Loss Program: Key Questions and Answers, by
(name redacted).
12
According to DOD, 42,600 service members have been diagnosed with Post Traumatic Stress Disorder (PTSD) and
58,300 with Traumatic Brain Injury (TBI); see H.Rept. 111-105, p. 28.
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FY2009 Spring Supplemental Appropriations for Overseas Contingency Operations
•
$958 million, $326 million above the request for assistance and diplomatic
operations and facilities in Iraq;
•
$2.4 billion, $800 million above the request, for assistance and diplomatic
operations and facilities in Pakistan, including $700 million for
counterinsurgency training and assistance through the State Department to be
available in FY2010;
•
$660 million for aid to the West Bank and Gaza;
•
$300 million in unrequested foreign aid to Jordan;
•
$315 million in unrequested assistance to Egypt;
•
$555 million for assistance to Israel, using the supplemental to provide part of the
$2.8 billion requested in the regular FY2010 budget;
•
$700 million, $400 million above the request, for P.L. 480 international food
assistance;
•
$288 million, $155 million above the request, for aid to Kenya, Somalia,
Southern Sudan, and Zimbabwe;
•
$420 million, $354 million above the request, for aid to Mexico; and
•
$256 million, $192 million below the request, for aid to developing countries
affected by the global financial crisis.
The act also addresses a number of major policy issues, including:
•
Guantanamo detainees. The act does not include $50 million requested for the
Department of Defense and $30 million for the Department of Justice to
facilitate closure of the Guantanamo Bay prison. Sec. 14103 also prohibits
release or transfer of Guantanamo prisoners in the United States except for
prosecution; requires a report to Congress 15 days in advance that assesses
risks before the transfer or release of prisoners to another country; and requires
a classified report to Congress on the disposition of each detainee before the
facility can be closed.
•
Policy toward Afghanistan and Pakistan. The enacted measure does not
impose “benchmark-like” conditions on further U.S. government assistance to
Afghanistan or Pakistan, but it does establish two new reporting requirements:
1) a one-time report by February 2010 or earlier assessing whether the
governments of Afghanistan and Pakistan are demonstrating sufficient
“commitment, capability, conduct and unit of purpose” to warrant continuing
the President’s March 2009 strategy for these two countries (see Section 1116,
P.L. 111-32; for details, see final Congressional action section below); and 2)
the act requires that, no later than 90 days after enactment or by late September
2009, the President submit a report listing U.S. objectives and the metrics for
evaluating progress for Afghanistan and Pakistan, with updates every 180 days
until the end of FY2011 (see Section 1117, P.L. 111-32, and final Congressional
action section below.)
•
Prohibition on Permanent Bases in Iraq or Afghanistan. The sections 314
and 315 of the act prohibit establishment of permanent bases in either Iraq or
Afghanistan.
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Controversy also developed over a provision proposed by Senators Graham, Lieberman and
McCain that would have prohibited the release of additional photographs of detainee abuse
because of concern that their release would endanger U.S. troops. In response to a Presidential
letter and a June 11, 2009 ruling to stay their release issued by the U.S. Court of Appeals for the
2nd Circuit, Congress dropped that provision. The President promised, if necessary, to pursue
other measures to prevent the release of photographs.13
Table 1. Congressional Action on FY2009 Supplemental by Title
Budget authority in millions of dollars
BY TITLE
Request
House
Senate
Conference
Agreement
Percent
of
Enacted
Total
Conference
vs. Request
Title I: Agriculture, incl. P.L. 480
300.0
500.0
700.0
771.3
471.3
1%
Title II: Commerce and Justice
47.1
17.1
202.1
202.1
155.0
0%
75,835.9
84,499.9
75,274.2
79,886.8
4,050.9
75%
Title IV: Defense (Civil) and Energy
89.5
55.0
932.2
882.2
792.7
1%
Title V: Executive Office of the President,
Judiciary, and Independent Agencies
2.9
2.9
1,530.9
34.9
32.0
0%
Title VI: Homeland Security
0.0
0.0
287.5
287.5
287.5
0%
250.0
250.0
250.0
250.0
0.0
0%
3,500.0
1,850.0
82.0
7,732.0
4,232.0
7%
71.6
71.6
73.6
73.6
2.0
0%
7,048.1
9,470.5
6,920.6
9,700.2
2,652.1
9%
Title XII: Transportation and Housing and
Urban Development
0.0
0.0
30.0
30.0
30.0
0%
Title XIII: Consumer Assistance to Recycle and
Save, "Cash for Clunkers"
0.0
0.0
0.0
1,000.0
1,000.0
1%
5,000.0
0.0
5,000.0
5,000.0
0.0
5%
92,145.1
96,717.0
91,283.1
105,850.5
9,133.6
100%
Title III and Title X: Defense, War Costsa
Title VII: Interior, and Agriculture
Title VIII: Health and Human Services, and
Education
Title IX: Legislative Branch
Title XI: Department of State & U.S. Foreign Aid
Title XIV: International Monetary Fund Loan
Expansion
GRAND TOTAL
Source: House Appropriations Table, “Supplemental Appropriations Act 2009 (H.R. 2346) Conference
Agreement (H.Rept. 111-151) in Congressional Record, p. H5871ff.
Notes: CRS calculations based on source above. See Table G-1 for account level funding.
a.
Funds for the Department of Defense were provided in both Title III and Title X.
13
Congressional Quarterly, “War Spending Measure Heads to Senate After Close House Vote,” by Josh Rogin, June
16, 2009.
Congressional Research Service
14
FY2009 Spring Supplemental Appropriations for Overseas Contingency Operations
Overview of the House-Passed Bill, H.R. 2346
On May 7, the House Appropriations Committee marked up its version of a bill, H.R. 2346,
providing additional FY2009 supplemental appropriations of $96.3 billion. The House approved
the bill by a vote of 368-60 on May 14 with a manager’s amendment that was incorporated into
the bill when the House approved the rule for floor consideration. The amount in the bill was
$11.4 billion above the amended Administration request. As initially proposed by Appropriations
Committee Chairman David Obey, the pre-markup version of the bill provided $94.2 billion. In
its markup of the bill, the committee approved an amendment by Representative Murtha,
Chairman of the Subcommittee on Defense, adding $2.0 billion to the Chairman’s proposal for
military personnel accounts.14 The effect of the Murtha amendment was to restore funds for
military personnel to about the levels that the Defense Department had requested.
The bill established funding levels for defense, international affairs, and influenza preparedness,
and also addressed a number of key issues policy issues, including conditions on aid to Pakistan,
assistance to North Korea, and the status of Administration plans to shut down the Guantanamo
Bay prison. Highlights of the committee bill as of May 7 included the following:
14
•
Defense. Provided a total of $84.5 billion for the Department of Defense,
including military construction, an increase of $8.7 billion to the request of $75.8
billion (net of offsetting rescissions).
•
International affairs. Provided a total of $9.6 billion for international affairs
programs (including P.L. 480 food assistance), an increase of $2.4 billion
compared to the request. (Of the total in the bill, $9.0 billion was in Chapter 10,
which provided foreign operations and State Department appropriations, and
$500 million was for P.L. 480 food assistance included in Chapter 1, which
provided agriculture appropriations.)
•
Influenza preparedness. Provided $2.05 billion for influenza preparedness, an
increase of $550 million over the $1.5 billion requested. Of the total in the bill,
$1.85 billion was for the Department of Health and Human Services and $200
million was in the foreign affairs budget for Global Health and Child Survival.
•
North Korea. Rejected a request for $34.5 million in Department of Energy nonproliferation funds to dismantle nuclear facilities in North Korea and rejected $95
million requested for energy assistance to North Korea in the foreign assistance
accounts.
•
Aid to Pakistan. Provided $400 million to the Department of Defense, as
requested, for the Pakistan Counterinsurgency Fund to finance training and other
assistance to the Pakistani military. The Chairman’s mark of the bill originally
transferred the funds to the Department of State, but Representative Obey offered
a manager’s amendment at the beginning of the committee markup that restored
the funds to the Department of Defense. In the foreign assistance portion of the
bill, the committee measure provided $897 million, $91 million above the
request, for construction of facilities and for diplomatic operations in Pakistan,
and $529 million of economic assistance.
Representative Murtha’s amendment was a substitute for an amendment by Representative Bill Young.
Congressional Research Service
15
FY2009 Spring Supplemental Appropriations for Overseas Contingency Operations
•
Conditions on assistance to Pakistan and Afghanistan. The apparently
deteriorating security situation in Pakistan was the focus of extensive discussion
in congressional hearings with Administration witnesses on the supplemental
appropriations request. Administration officials strongly objected to legislated
benchmarks on the performance of the Pakistani government, arguing that
conditions on aid would not improve U.S. leverage but would more likely foster
resistance to U.S. efforts. Instead of setting benchmarks tied to funding, the
House Appropriations Committee bill included a requirement that the President
submit a report to Congress no later than February 2010, when the FY2011
budget would be submitted, evaluating the conduct and commitment of the
governments of Afghanistan and Pakistan. The report was to include assessments
of each nation’s level of political commitment to confront security challenges;
level of corruption and efforts to counter it; performance of security forces in
counterinsurgency operations and in establishing population security; intelligence
cooperation with the United States; and the ability to effectively control its
territories. House Appropriations Committee Chairman David Obey said that the
White House did not object to the House provision.
•
Closure of the Guantanamo Bay Prison. Rejected the Administration request
for $50 million for the Department of Defense to transfer prisoners out of the
Guantanamo Bay facility and also rejected $30 million requested for the
Department of Justice for a task force to facilitate legal activities associated with
the closure. The committee noted that the Administration had not presented a
specific plan for shutting down the prison and said that funds could be
reprogrammed when a plan was decided upon.
•
Border security and counternarcotics assistance to Mexico. Approved $350
million requested for the Department of Defense for counternarcotics activities
on the Mexican border, including up to $100 million for transfer to other federal
agencies. In the foreign aid chapters of the bill, provided $160 million for
Mexico in the International Narcotics Control And Law Enforcement (INCLE)
account, $94 million above the request—$66 million was requested to purchase
Blackhawk helicopters. The bill also added $310 million for Mexico in the
Foreign Military Financing Program for surveillance planes, helicopters, other
equipment, and support activities.
Highlights of Department of Defense Funding in the House-Passed Bill
On major issues in the defense portion of the bill, the House bill,
•
Added $6.0 billion for weapons procurement, including the following:
•
$2,245.2 million in unrequested funds for 8 C-17 cargo aircraft—the FY2010
defense budget request, released on May 7, proposes terminating the
program,
•
$904.2 million in unrequested funds for 11 C-130 cargo aircraft,
•
$110.0 million for MQ-9 Reaper UAVs (the request included $195.8 million),
•
$432.7 million for 24 additional upgraded Army AH-64 attack helicopters
(the request included $354.3 million),
Congressional Research Service
16
FY2009 Spring Supplemental Appropriations for Overseas Contingency Operations
•
$90.0 million for 3 additional Army CH-47 cargo helicopters (the request
included $120.0 million),
•
$338.4 million for additional Stryker wheeled combat vehicles (the request
included $112.7 million),
•
$500.0 million in unrequested funds for National Guard and Reserve
Equipment, and
•
$2,150 million for 800 additional lighter MRAP All Terrain Vehicles for
Afghanistan (the request included $2,693.0 million for 1,000 vehicles).
•
Provided $735 million for payments of $500 per month, including retroactive
payments, to personnel who were prevented from leaving the service at the end
of their enlistments because of “Stop Loss” orders;
•
Added $100 million in the Defense Health Program for Brain Injury R&D and
$68 million for orthopedic R&D;
•
Cut $346 million in military personnel accounts for enlistment and reenlistment
bonuses because of reduced accession requirements and improved recruiting and
retention results;
•
Cut $300 million in operation and maintenance funds to reflect the committee’s
direction to replace U.S. contractors providing contract support services and
logistics support with Iraqis;
•
Cut $240.0 million from the $1,050 billion requested in Coalition Support Funds
for assistance to Pakistan, Jordan and other key cooperating nations, and cut $150
million in “Lift and Sustain” assistance to cooperating nations to deploy forces in
Iraq and Afghanistan.
Table 2 compares defense funding in the House bill with the Administration request by bill title.
Table 2. House and Senate Action on FY2009 Supplemental Appropriations:
Department of Defense Funding by Title
(millions of dollars)
FY2009
Amended
Request
April 9,
2009
April 30,
2009
HousePassed
Supplemental
Appropriations
H.R. 2346
May 14, 2009
Military Personnel
16,187.4
Operation and Maintenance
House
Change
to
Request
Senate
Appropriations
Committee
Supplemental
Appropriations
S. 1054
May 14, 2009
Senate
Change
to
Request
17,943.9
+1,756.6
18,014.5
+1,827.1
29,971.2
29,416.6
-554.6
28,771.3
-1,200.0
Special Funds
5,888.7
5,688.7
-200.0
6,123.7
+235.0
Procurement
21,862.4
27,888.3
+6,026.0
21,889.5
+27.1
809.9
721.9
-88.0
885.9
+76.0
Military Construction/Family Housing
2,294.5
3,200.0
+905.5
2,250.7
-43.8
Other Defense Programs
1,060.0
1,244.0
+184.0
1,042.2
-17.8
RDT&E
Congressional Research Service
17
FY2009 Spring Supplemental Appropriations for Overseas Contingency Operations
FY2009
Amended
Request
April 9,
2009
April 30,
2009
Revolving and Management Funds
General Provisions
Total Department of Defense
House
Change
to
Request
Senate
Appropriations
Committee
Supplemental
Appropriations
S. 1054
May 14, 2009
Senate
Change
to
Request
846.7
—
861.7
+15.0
-3,085.0
-2,450.6
+634.4
-4,565.3
-1,480.3
75,835.9
84,499.7
+8,663.8
75,274.2
-561.7
HousePassed
Supplemental
Appropriations
H.R. 2346
May 14, 2009
846.7
Source: CRS based on data from Department of Defense; House Appropriations Committee report on H.R.
2346 providing supplemental appropriations for FY2009, H.Rept. 111-105; Senate Appropriations Committee
report on S. 1054 providing supplemental appropriations for FY2009, S.Rept. 111-20.
Highlights of International Affairs Funding in the House-Passed Bill
Other committee recommendations on international affairs included the following:
•
$1.0 billion, $421.9 million above the Administration request, for State’s
Diplomatic and Consular Programs; of this, $404.0 million was for worldwide
security, $448.9 for operations in Afghanistan, and $157.6 million along with
authority for the Secretary of State to transfer funds to other U.S. government
agencies for a civilian experts surge;
•
$2.9 billion for the Economic Support Fund (ESF), of which $529.5 million was
for Pakistan, $70.0 million for Afghanistan, and $556.0 million for the West
Bank and Gaza. The committee reduced ESF funds requested for “Countries
Impacted by the Global Financial Crisis” by $148.0 million from $448.0 million
to $300.0 million, to be available for aid to Haiti, Liberia, Indonesia and other
nations;
•
$1.3 billion, $1.25 billion above the President’s request for the Foreign Military
Financing (FMF) Program. Of this amount, the Committee recommended $310.0
million for Mexico, $74.0 million for Lebanon; $150.0 million for Jordan, $260.0
million in FMF grants for Egypt; and $555.0 million in FMF grants for Israel.
Overview of the Senate-Passed Bill
On May 21, by a vote of 86-3, the Senate approved its amended version of H.R. 2346, providing
supplemental appropriations for FY2009. The Senate-passed measure incorporated, with further
amendments on the floor, the provisions of S. 1054, a version reported by the Senate
Appropriations Committee on May 14. In all, as reported by the committee and as passed by the
Senate, the bill provided $91.3 billion in FY2009 supplemental appropriations, of which $5
billion was to support U.S. loans to the International Monetary Fund (IMF) that were not
considered in the House bill. The remainder of the bill provided $86.3 billion, $1.3 billion above
the amended Administration request. The bill provided $75.4 billion for the Department of
Defense (including military construction), which was $561 million below the request. The
Congressional Research Service
18
FY2009 Spring Supplemental Appropriations for Overseas Contingency Operations
reduction was mainly due to the committee’s decision to allocate to other agencies, including the
Department of Homeland Security and the Department of Justice, $350 million for Southwest
border security that the Administration had requested be appropriated to the Department of
Defense. The bill also added $240 million for additional border security measures and $843
million for Corps of Engineers disaster-related programs.
In floor action on the bill, only a few amendments were agreed to and none affected the total
amount of funding in the bill. In action on selected floor amendments the Senate—
•
Approved by voice vote an amendment by Senator Lieberman to exempt
photographs showing treatment of U.S. detainees from disclosure under the
Freedom of Information Act;
•
Approved by voice vote an amendment by Senator Corker to require the
development of objectives for U.S. policy in Afghanistan and Pakistan;
•
Approved by voice vote an amendment by Senator McCain to provide $42.5
million for the Republic of Georgia, out of other funds approved in Title XI – the
State Department/Foreign Operations title of the bill; and
•
By a vote of 30-64, rejected an amendment by Senator DeMint to eliminate
funding provided in the bill for loans to the IMF.
Highlights of the Senate-passed bill included the following:
•
Department of Defense funding: Provided $75.4 billion for the Department of
Defense, of which $73.0 billion was in regular defense appropriations, $518
million below the request, and $2.25 billion was for military construction, $44
million below the request.
•
International affairs funding: Provided $7.6 billion for international affairs
funding, $430 million above the request. Of the total $700 million was for P.L.
480 food assistance, $400 above the request, and $6.9 billion was for the State
Department and foreign operations.
•
Influenza preparedness and response: Provided $1.5 billion, the amount
requested, for influenza preparedness. The committee agreed to appropriate the
funds to an account in the Executive Office of the President, renamed “Pandemic
Preparedness and Response.” Rather than provide authority, as for the President
to allocate funds to other agencies, the bill specified the amounts to be transferred
to the Department of Health and Human Services, Department of Homeland
Security, and other agencies.
•
Guantanamo prison closure: Initially, unlike the House, the Senate committee
agreed to provide $50 million requested for the Department of Defense and $30
million for the Department of Justice to facilitate closure of the Guantanamo Bay
prison. The committee prohibited obligation of the defense funds, however, until
30 days after the Secretary of Defense provides Congress with a specific plan for
their use. The provision also required that funds may be used only to transfer
prisoners to locations outside the United States. In floor debate, the Senate
adopted an amendment by 90-6 an amendment by Senators Inouye and Inhofe to
eliminate the funds and to prohibit the use of funds in the supplemental or in
prior legislation to transfer, release, or incarcerate detainees held at Guantanamo
Bay to or within the United States.
Congressional Research Service
19
FY2009 Spring Supplemental Appropriations for Overseas Contingency Operations
•
Defense Department Assistance to Pakistan: The committee approved $400
million requested for Pakistan Counterinsurgency Capabilities Fund in the
Department of Defense for assistance to Pakistani security forces. The committee
expressed concern about the role of the Defense Department, however, and
directed the Administration to develop a plan to provide future assistance through
the State Department and to report on the plan within 90 days. The committee
also put a limit of $200 million on the amount of money in the fund that could be
used for humanitarian purposes, saying it wished to limit the amount of overseas
humanitarian aid being provided by DOD rather than State.
•
Added funds for Corps of Engineers projects: The committee provided $843
million in unrequested funds for the Corps of Engineers, including $39 million to
restore damaged navigation channels, $315 million to prepare for natural disaster,
and $489 million for gulf coast barrier island restoration.
•
North Korea counterproliferation assistance: As did the House, the Senate
committee rejected $34.5 million requested to dismantle nuclear facilities in
North Korea. Instead, the committee provided the same amount to the
Department of Energy to analyze nuclear weapons intelligence.
•
Southwest border security: The committee rejected the Administration request
that $350 million to be appropriated to the Department of Defense for border
security; instead it added $250 million and allocated the total to other agencies,
including $140 million for additional Department of Homeland Security
personnel for border enforcement support teams, $100 million for the
Department of Justice for additional agents and investigators to cooperate with
Mexican authorities, and $100 million for the Departments of Health and Human
Services and Homeland Security for added shelter and transportation costs for
unaccompanied alien children.
Highlights of Department of Defense Funding in the Senate-Passed Bill
On major issues in the defense portion of the bill, the Senate—
•
In the military personnel accounts, added $489 million to fully fund increased
Army and Marine Corps end-strength, added $1.4 billion to cover identified
shortfalls in some FY2009 accounts, and cut $140 million in Army recruitment
and retention bonuses to reflect easier recruiting due to changes in the economy.
•
Provided an additional $1 billion for the Iraq Security Forces Fund, which pays
for equipment and training of Iraqi forces. The Administration requested that
Congress rescind and then reappropriate $1 billion that had previously been
provided in order to extend the availability of the money, but the Senate
committee rejected the rescission, with the effect of providing $1 billion in
additional funding.
•
Provided $21.9 billion for weapons procurement, about equal to the request, but
with some changes. On major programs the committee—
•
Added $1.55 billion to the $2.7 billion requested for Mine Resistant Ambush
Protected (MRAP) Vehicles, as did the House;
Congressional Research Service
20
FY2009 Spring Supplemental Appropriations for Overseas Contingency Operations
•
•
Added $500 million for National Guard and Reserve equipment, as did the
House;
•
Selectively scrubbed funding requests to eliminate money not required to
replace combat losses or meet established equipment reset requirements—the
committee rejected, for example, $354 million requested for AH-64 attack
helicopter modifications,, $237 million requested for Improved Recovery
Vehicle modifications, and $386 million requested for Family of Medium
Tactical Vehicle trucks.
•
Added $246 million for Navy P-3 aircraft wing modifications and $150
million for Air Force A-10 aircraft re-wing kits.
•
Did not follow the House in adding funds for C-17 or C-130 cargo planes.
•
Provided $498 million for F-22 fighter aircraft compared to $600 million
requested—specifically rejected $147 million for shut-down funding and
added $45 million to fully fund the aircraft request.
Cut $350 million from the $1.5 billion requested for the Joint Improvised Device
Defeat Organization (JIEDO) to reflect the pace of funding obligations.
Highlights of International Affairs Funding in the Senate-Passed Bill
On international affairs, the Senate bill provided:
•
$645.4 million, $51 million more than the Administration’s request, for State’s
Diplomatic and Consular Programs; of this $410 million would be for operations
in Afghanistan, including $10 million above the public diplomacy request to
focus on radio broadcasts in the Afghan-Pakistan border region and programs
focused on Arab youth, $45.5 million for operations in Pakistan, and $150
million for operations in Iraq. Operational funds for Afghanistan would also
include $57 million for an embassy air capability to move diplomats and USAID
staff around Afghanistan and $135.6 million for State to reimburse other federal
agencies such as the Departments of Agriculture and Justice that contribute
personnel for the civilian surge to help develop the country.
•
$820.5 million for Embassy Security, Construction and Maintenance, $78.2
million below the Administration’s request. Of this amount, $10 million would be
allocated to Afghanistan and $805 million to Pakistan.
•
$721 million for Contributions for International Peacekeeping, $115.9 million
below the request to fund peacekeeping missions in the Democratic Republic of
the Congo, Central Africa Republic and Chad. The bill does not support CIPA
funds to support the African Union peacekeeping mission in Somalia
(AMISOM), but includes funding for CIPA under Peacekeeping Operations
account with transfer authority.
•
$2.8 billion for the Economic Support Fund, $46.5 million below the requested
level. Of the total, $866 million would be allocated to Afghanistan, $439 million
to Pakistan, $439 million to Iraq, $556 million to the West Bank/Gaza, as well as
funds going to Jordan, Burma, the Democratic Republic of the Congo, North
Korea, Somalia, Yemen, and Zimbabwe.
Congressional Research Service
21
FY2009 Spring Supplemental Appropriations for Overseas Contingency Operations
•
$345 million for Migration and Refugee Assistance, $52 million above the
Administration request. Funding allocation of these funds would include $25
million for returning refugees in Afghanistan, $25 million for those needs in
Africa, $5 million for refugees in Burma, $15 million for internally displaced
persons (IDPs) in Sri Lanka, and $5 million for IDPs in Colombia.
•
$172.9 million for Peacekeeping Operations, $122.9 million above the requested
funding level. Of this amount, $155.9 million would support the African Union
peacekeeping mission in Somalia via transfer to the State Department’s
Contributions for International Peacekeeping Account (CIPA).
•
The bill placed prohibition on assistance to Hamas, placed limitations on certain
assistance to Mexico, and required a report.
•
The bill also authorized an Overseas Comparability Pay for the Foreign Service
who are at the mid-level and lower ranks to receive, as salary, an income when
posted abroad during 2009 that would be equivalent to being posted in
Washington, D.C.
The FY2009 Defense Supplemental Request and
Congressional Action
With the new FY2009 request added to the $65.9 billion provided last June, total supplemental
defense funding proposed for FY2009 amounted to $145 billion, offset by $3.4 billion of
rescissions. Though Congress may well add to the request, this is substantially less than the
amount of DOD supplemental funding provided in the past two years, which totaled $170 billion
in FY2007 and $187 billion in FY2008. The decline is not due to the withdrawal of U.S. forces
from Iraq, which has only begun, and which is offset by planned additions to U.S. forces in
Afghanistan. Rather, the change is due almost entirely to a reduction in the amount requested for
weapons procurement, which falls from $65 billion in FY2008 to $28 billion in FY2009.
Table 3 shows the April 9 defense request, compared to amounts of supplemental defense
appropriations in FY2007 and FY2008, and final Congressional action on the FY2009
Supplemental request.
Table 3. Defense Bridge and Supplemental Funding by Title,
FY2007-FY2009 Enacted
(millions of dollars)
FY2007
Bridge and
Supplemental
Funding
Enacted
FY2008
Bridge and
Supplemental
Funding
Enacted
FY2009
Bridge
Fund
Enacted
June 2008
FY2009
Supplemental
Request
April 2009
FY2009
Supplemental
Enacted June
24, 2009
FY2009
Enacted Total
Military Personnel
18,894.5
19,137.8
1,194.0
16,658.3
18,726.2
Operation and Maintenance
76,597.9
81,708.6
51,916.0
29,971.2
28,540.1
80,456.2
Special Funds
17,707.8
13,816.3
5,000.0
5,888.7
5,123.7
10,123.7
Procurement
45,418.0
64,896.2
6,135.3
21,862.4
24,846.7
31,981.9
Congressional Research Service
19.920.2
22
FY2009 Spring Supplemental Appropriations for Overseas Contingency Operations
FY2007
Bridge and
Supplemental
Funding
Enacted
FY2008
Bridge and
Supplemental
Funding
Enacted
FY2009
Bridge
Fund
Enacted
June 2008
FY2009
Supplemental
Request
April 2009
FY2009
Supplemental
Enacted June
24, 2009
FY2009
Enacted Total
RDT&E
1,506.4
1,745.5
387.8
809.9
833.5
1,221.3
Military Construction/Family Housing
4,807.0
4,245.3
—
2,294.5
2,275.3
2,725.3
Other Defense Programs
1,120.5
2,328.9
1,288.0
1,060.0
1,185.2
2,473.2
Revolving and Management Funds
3,356.5
2,842.6
—
846.7
861.7
846.7
1.0
-3,718.0
—
-3,555.9
-3,955.8
-3,955.8
169,409.7
187,003.3
65,921.2
75,835.9
79,886.7
91.0
168.6
89.5
55.0
55.0
169,500.6
187,171.9
75,918.9
79,941.7
145,862.8
General Provisions/Rescissions
Total Department of Defense
Other Agency Defense Programs
Total National Defense
—
65,921.2
145.807.8
Source: CRS from House Appropriations Committee for enacted amounts and Department of Defense for
FY2009 request. FY2009 Supplemental Enacted from Congressional Record, June 16, 2009, p. H6872ff and p. H
6878.
Notes: Totals may not add due to rounding. “Other Defense Programs” includes defense health, drug
interdiction, and inspector general funding. “Special Funds” includes the Iraqi Freedom Fund, Iraq Security Forces
Fund, Afghanistan Security Forces Fund, Pakistan Counterinsurgency Capability Fund, and Joint IED Defeat Fund.
DOD documents often show Joint IED Defeat Fund amounts as Procurement and other special funds as
Operation and Maintenance. All funding for the Mine Resistant Ambush-Protected (MRAP) vehicle fund is shown
as Procurement.
DOD’s FY2009 Procurement Request
The decline in procurement in the FY2009 Supplemental request, in turn, was due in large part to
a substantial reduction in acquisition of Mine Resistant Ambush-Protected (MRAP) vehicles, with
the entire request at the time purchased in FY2007 and FY2008. MRAP funding in FY2008
totaled $16.8 billion.15 Congress provided $1.7 billion for MRAPs in FY2009 in the June 2008
supplemental appropriations act. In the new supplemental request, the Defense Department asked
for $2.7 billion more, for a total of $4.4 billion in FY2009, $12.4 billion less than in FY2008.
In addition, the FY2009 procurement total included substantially less than in FY2007 and
FY2008 for what the Defense Department refers to as “reconstitution” of the force, much of
which is funded in procurement accounts. DOD breaks down reconstitution into three elements:
•
“Replenishment” of stocks, mainly of ammunition and missiles, consumed in
military operations and in training for deployment;
•
“Replacement” of equipment lost in battle or used to a point at which repair is
uneconomical—in practice a substantial amount of new equipment has been
purchased not only to replace losses, but also to upgrade capabilities; and
15
For MRAPs, $5.2 billion was provided as emergency appropriations in the first FY2008 Continuing Resolution, P.L.
110-92, enacted on September 29, 2007, and $11.63 billion was provided as emergency appropriations in a general
provision of the regular FY2008 defense appropriations act, P.L. 110-116, enacted on November 13, 2007.
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•
“Repair” of equipment both in theater and at domestic depots, including
overhaul of equipment at the end of an operation to a meet standards for the
requirements of deploying units.
Table 4 shows the Defense Department’s breakdown of FY2007, FY2008, and FY2009 funding
by functional category, including amounts for replenishment and other elements of supplemental
funding. Total funding for replenishment, by DOD’s accounting, increased from $36.3 billion in
FY2007, to $50.4 billion in FY2008, then decreased to $23.2 billion in FY2009. Funding for
force protection, which includes amounts for MRAPs, nearly doubled from $12.4 billion in
FY2007 to $23.9 billion in FY2008, but then decreased to $14.3 billion in FY2009.
Other significant decreases include a drop in the request for funding for Iraqi security forces from
$5.5 billion in FY2007 and $3.0 billion in FY2008 to $1.0 billion in FY2009. This was partly
offset by a doubling in funding for the Afghan security forces from a total of $2.7 billion in
FY2008 to $5.6 billion in FY2009.
Table 4. DOD Breakdown of Supplemental Funding by Functional Category:
FY2007-FY2009
(amounts in billions of dollars)
FY2007
Bridge and
Supplemental
Funding
Enacted
FY2008
Bridge and
Supplemental
Funding
Enacted
FY2009
Bridge
Fund
Enacted
June 2008
FY2009
Supplemental
Request
April 2009
FY2009
Total
Continue the Fight
Operations
76.6
77.5
38.2
38.0
76.2
Force Protection
12.4
23.9
4.5
9.8
14.3
IED Defeat
4.4
4.2
2.0
1.5
3.5
Military Intelligence Program
3.4
4.9
1.4
3.8
5.1
Iraq Security Forces
5.5
3.0
1.0
–
1.0
Afghan Security Forces
7.4
2.7
2.0
3.6
5.6
Pakistan Counterinsurgency
–
–
–
0.4
0.4
Coalition Support
1.4
1.4
0.3
1.4
1.7
CERPa
1.0
1.7
1.0
0.5
1.4
Military Construction
0.9
1.3
–
0.9
0.9
113.0
120.5
50.4
59.9
110.2
36.3
50.5
11.6
11.6
23.2
BCT/RCTb
3/6
–
–
–
–
Growth the Force/Accelerate
Grow the Force
1.5
0.5
0.1
2.2
2.3
Wounded Warrior/Family
Support
0.9
1.9
0.8
1.6
2.5
Border Security with Mexico
–
–
–
0.4
0.4
Total Continuing the Fight
Reconstitution
Additional Requests
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FY2007
Bridge and
Supplemental
Funding
Enacted
FY2008
Bridge and
Supplemental
Funding
Enacted
FY2009
Bridge
Fund
Enacted
June 2008
FY2009
Supplemental
Request
April 2009
FY2009
Total
Military Personnel, Army
–
–
–
0.5
0.5
Other and Non-DOD Classified
14.2
13.7
2.9
3.1
6.1
Total Additional Requests
20.2
16.1
3.9
7.8
10.9
169.5
187.1
–
–
–
-3.4
-3.4
169.5
187.1
65.9
75.8
141.7
Total
Rescissions
Net Total
Source: Department of Defense, Fiscal Year 2009 Supplemental Request: Summary Justification, April 2009,
Table 2, p. 82.
Notes:
a.
CERP is the Commanders’ Emergency Response Program which provides funds for commanders to pay for
small scale local development projects.
b.
BCT/RCT refers to Brigade Combat Team/Regimental Combat Team upgrades.
Non-War-Related Funding in the Defense Request
In addition to amounts for ongoing operations in Iraq and Afghanistan, the defense request
included funds for other programs, including the following:
•
Accelerate Growth the Force. $2.2 billion was requested for increased personnel
end-strength in the Army and Marine Corps. The Army is in the process of
adding 65,000 active duty troops and the Marine Corps 27,000 to personnel
levels compared to numbers at the end of FY2004. Most of the cost of added
personnel is now being paid for in the base defense budget. Both services,
however, have benefited from improved recruitment, mainly due to the poor
economy, to achieve higher end-strength goals earlier than had been planned.
Supplemental funding was requested to cover costs of the acceleration of Army
and Marine Corps end-strength increases.
•
Wounded Warrior, Family Support, and National Capital Region Base
Realignment. $1.6 billion was requested for measures to improve health care for
wounded personnel; for improved support to military families—mainly increases
in child care facilities; and to accelerate closure of the Walter Reed Army
Medical Center in Washington, D.C., and opening of the new Walter Reed
National Military Medical Center in Maryland and the Fort Belvoir Army
Community Hospital in Virginia.
•
Border Security with Mexico. $350 million was requested for counternarcotics
activities and related activities along the Mexican border. Measures could include
assigning National Guard personnel to patrol the border. Up to $100 million was
requested to be available for transfer to other Federal agencies.
•
Army Personnel Funding Shortfall. $471 million, offset by an equivalent amount
of rescissions in Army funds, was requested to correct some shortfalls in the
Army base budget for military personnel. The shortfalls are due to a delay in
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redeployment of soldiers from Europe to the United States, which has increased
costs of overseas housing allowances and cost of living allowances; to the use of
the National Guard in support of the Presidential inauguration; and increased
Army Reserve attendance rates. The Army could finance these adjustments by
reprogramming funds, but the Defense Department would prefer not to use so
much of its limited transfer authority for this purpose.
Enacted FY2009 Supplemental – $4 billion Above Request for
Defense
As enacted, the FY2009 Supplemental (H.R. 2346/P.L. 111-32) included $79.942 billion for
national defense, some $4 billion higher than the Administration’s request, bringing the total for
the year to $145.8 billion. The enacted version splits the difference between the $84.5 billion
recommended by the House and $75.3 billion recommended by the Senate (see Table 3). The
chief reasons for the higher amount in the enacted version of the FY2009 Supplemental include:
•
an additional $2.1 billion for military personnel to cover unanticipated
adjustments to rates for pay and benefits and higher strength levels reflecting
better-than-anticipated recruiting and retention;
•
an additional $534 million to extend eligibility for $500 per month payments
for all active-duty and reserve personnel whose tours were extended using “stop
loss” authority since the 9/11 attacks rather than only those members currently
in the force.16
•
a $4 billion increase to procurement bringing the total in the act to $25.8 billion
reflecting primarily Congressional adds for C-17 and C-130 transport planes,
Stryker and Bradley fighting vehicles, higher funding for the new lighter
MRAPs to be sent to Afghanistan; the total for FY2009 is still less than half of
the FY2008 total reflecting a change in the definition of war-related
procurement;
•
a total of $80.5 billion including some $1.4 billion in savings in Operation and
Maintenance funding from hiring Iraqis to provide support services as well as
savings from assuming historical spending rates;
•
higher funding to train Afghan Security Forces fund including the $3.6 billion
requested in the supplemental, bringing the total for the year to $5.6 billion;
•
a cut of $350 million to the Joint Improvised Explosive Device Defeat Fund
(JIEDDF) based on slower than planned spending;
•
Military Construction funding of $2.7 billion, $430 million more than requested
primarily for military hospitals in the United States;
•
$453 million as requested for Commanders Emergency Response Program
(CERP) bringing the total for the year to $1.4 billion; and
16
Section 310 requires current or former military personnel to submit claims within one year of when DOD enacts
regulations, required to be issued within 120 days of enactment.
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•
a $2 billion cap on transfers of funding within the bill rather than the $4 billion
requested, and rejects a DOD request for an additional $1.5 billion in transfer
authority applying to baseline funding in the regular FY2009 appropriations
act.
Major Issues in Congressional Action on the Defense Request
A number of issues arose as Congress considered the Administration request. Some were resolved
by the House and Senate Appropriations Committees, but others remained potential matters of
debate in House and Senate conference discussions. Issues included whether to approve
congressional additions of funds for major weapons programs, whether the Department of
Defense rather than the Department of State should be funded to provide security assistance to
Pakistan; and whether less funding or more should be provided to the Defense Department for
border security with Mexico.
Added Congressional Funding for Major Weapons Programs
In preliminary discussions of the defense supplemental, Representative Murtha, the Chairman of
the House Defense Appropriations Subcommittee, and Senator Inouye, the Chairman of the
Senate panel, both stated their intention to add significant amounts to the request for several
major weapon systems. Additions they and others mentioned include funding for a new mid-air
refueling tanker for the Air Force, the multi-service F-35 Joint Strike Fighter, the Navy F/A18E/F multirole fighter, the Navy E-2D radar plane, and Army Stryker wheeled armored vehicles.
Additions to military personnel accounts were proposed to cover monthly stipends of up to $500
for service members prevented from leaving at the end of their enlistments by “stop loss” orders.
Representative Murtha reportedly said that he might propose adding as much as $16-18 billion to
the request.17
The Administration included funds for four Air Force F-22 fighter aircraft in the supplemental
request, though Secretary of Defense Gates subsequently announced plans to terminate the
program. Funding for the aerial tanker program was a matter of extensive debate, and there
remain disagreements in Congress about proposals to require that purchases be split between
competing bidders. The Air Force is preparing to recompete the contract, with bids expected from
Boeing and a team of Northrop Grumman and EADS. The Northrop Grumman-EADS team won
a competition last year only to have the award overturned by the Comptroller General after
Boeing appealed. Several Members of Congress have urged splitting the contract between both
bidders, but the Air Force and other legislators argue that a split will increase costs significantly.
Congressional Final Action
Neither the House nor the Senate Appropriations Committees added as much money to the
Administration request as some had discussed. In the end, the House committee added $6 billion
for weapons procurement, while the Senate committee shifted funds out of some programs and
into others with no significant effect on the total.
17
Josh Rogin, “Lawmakers See Last Chance for Procurement Funds in Supplemental,” CQ Today, March 3, 2009.
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Notably, neither committee added funds for Air Force aerial tankers. House subcommittee
Chairman Murtha said he tried to get agreement on a proposal to add funds and to require that
funding be split between competing bidders, but could not do so and therefore agreed not to add
money for the program.
The House added $2.245 billion for 8 C-17 cargo aircraft and $904 million for 11 C-130 variants.
The Senate did not provide funds for either program. Conferees provided $2.170 billion for eight
C-17s and $504 million for seven C-130 variants.
The House added $2.15 billion and the Senate added $1.55 billion to the $2.7 billion requested
for variants of the Mine Resistant Ambush Protected (MRAP) vehicle to be used in Afghanistan.
The conference agreement provided a total of $4.5 billion for MRAPs vehicles, and required that
the funds be spent on a small version better suited to the Afghan terrain than the larger MRAPs
used in Iraq.
Conferees also provided the $600 million requested for four F-22 fighters and barred use of any
of those funds to shut down the F-22 production line.
In other action relating to weapons procurement and upgrades, the conferees,
•
Added $500 million for equipment for National Guard and reserve units;
•
Added $200 million for new Stryker armored combat vehicles and $243 million
to refurbish Bradley troop carriers;
•
Added $433 million to upgrade the “A” model Apache helicopters of one
National Guard battalion to “D” model aircraft, with more sophisticated combat
electronics;
•
Rejected the request for $253 million to equip C-17 and C-130 cargo planes with
equipment to jam anti-aircraft missiles aimed at the planes; conferees said the Air
Force would be unable to install the equipment within the next year.
Conferees also added to the bill $165 million to cover the cost of repairing three Navy ships
damaged in collisions or groundings.
Defense Department Assistance to Pakistan
The Administration request included $400 million in funding for the Defense Department in a
new account called the Pakistan Counterinsurgency Capability Fund. The purpose of the funding
is to provide equipment, support, and training to Pakistani security forces in combating insurgent
forces on its territory. Traditionally, funding for such security assistance is provided through the
State Department, while the Defense Security Cooperation Agency (DSCA), a part of the Defense
Department, generally administers provision of the assistance. While Congress has supported the
financing of similar activities in Iraq and Afghanistan through the Defense Department, many
legislators have urged that other security assistance continue to be provided through the State
Department, as in the past, in order to ensure that it is coordinated with overall foreign policy
goals. The House Appropriations Committee has been particularly assertive recently, in urging
that assistance to Africa and other areas now being provided through the Defense Department
should be returned to the State Department.
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Congressional Final Action
In congressional hearings on the supplemental, both Secretary of Defense Gates and Secretary of
State Clinton argued that the State Department is currently not prepared to administer such a large
amount of security assistance to Pakistan and urged that funding be provided through defense.
The initial House Chairman’s mark of the supplemental bill provided $400 million for the
Pakistan Counterinsurgency Capabilities Fund through the State Department. At the start of the
May 7 committee markup, however, Chairman Obey, offered a manager’s amendment to shift the
funds back to the Defense Department, and the committee approved the bill with that change. The
Senate Appropriations Committee provided funding as requested through the Defense
Department, but required a report by the Secretary of State on means of managing funding
through the State Department in the future.
The enacted conference agreement provided $400 million for Department of Defense
counterinsurgency assistance to Pakistan. It also appropriated $700 million, to be available in
FY2010, in the State Department for the Pakistan Counterinsurgency Capabilities Fund.
Following the sentiment in both houses, the conference report required the Administration to
move management of the Pakistan counterinsurgency funding to the Department of State in
FY2010, relying on DOD only in the immediate future.18
Defense Department Role in Border Security with Mexico
Escalating drug-related violence in Mexico has emerged as a significant security issue for the
United States, particularly along the U.S.-Mexico border where kidnapping and gun battles
threaten to spill over into the United States. The supplemental appropriations request included
$350 million for the Defense Department for counternarcotics and other activities on the border
with Mexico, including assistance to other federal agencies. Up to $100 million may be
transferred to other agencies. The international affairs supplemental requests included an
additional $66 million in the International Narcotics Control and Law Enforcement (INCLE)
account for assistance to Mexico under the Mérida initiative. Those funds were for the purchase
of three Blackhawk military utility helicopters.
Congressional Final Action
In Congress, some argue that funding for counternarcotics assistance for Mexico should be
provided through the State Department, as is the current Mérida Initiative, rather than through the
Defense Department. There has also been some support, however, for a larger DOD role. The
House-passed supplemental provided $350 million, as requested for the Department of Defense
for counternarcotics and related activities on the Mexican border. In the foreign affairs accounts,
it also provided $66 million, as requested, for narcotics control and added $310 million in Foreign
Military Financing (FMF) funds for aviation support to Mexico, including funds for surveillance
planes and medium lift helicopters. The Senate bill rejected the request for Defense Department
funds and instead allocated the money to other agencies, along with $250 million in additional
funding. The enacted conference agreement provided $420 million in foreign assistance funding
to Mexico, $354 million above the request. It also added $140 million for Department of Justice
18
H.Rept. 111-151, p. 85.
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programs that address violence and narcotics trafficking on the southwest border, and $158
million for Department of Homeland Security border security measures.
Congressional Final Action on Oversight Provisions
While the FY2009 Supplemental largely endorses the Administration’s policies to withdraw
troops gradually from Iraq and increase troops in Afghanistan this year, P.L. 111-32, the enacted
version of H.R. 2346, requires several reports to assess the effectiveness of the new policies.
Iraq Withdrawal Report
Sec. 316 requires a detailed report 90 days after enactment, or in late September 2009, and every
90 days thereafter through September 2010 on the status of the withdrawal including:
•
a monthly description of the movement of U.S. troops, equipment, and
contractors out of Iraq, and how these comply with the Administration’s plans
to withdraw all combat brigades by August 31, 2010 and all U.S forces by
December 31, 2011;19
•
the roles and responsibilities of contractors including how many may remain
after the 2010 and 2011 deadlines; and
•
how the Iraqi government is dealing with reconciliation initiatives during the
transition.
This report is to be submitted either separately or along with the Iraq Metrics report
required by Section 9204 of the FY2008 Supplemental (P.L. 110-252).
Afghanistan and Pakistan Progress Reports
Two reports are required on Afghanistan and Pakistan. The first, based on a provision in H.R.
2346, the agreement requires the President to submit a one-time report not later than February
2010, assessing whether the governments of Afghanistan and Pakistan are demonstrating
sufficient “commitment, capability, conduct and unity of purpose” to warrant continuing the
President’s March 2009 strategy for those two countries. For each country, the report is to
include:
•
the level of political consensus;
•
corruption and actions to eliminate it;
•
counterinsurgency (COIN) efforts by their security forces;
•
cooperation by local intelligence agencies on counterterrorism efforts;
•
the effectiveness of government control; and
•
the contribution of U.S. assistance to meeting these objectives.
19
For an analysis of troop levels and costs for the Iraq withdrawal and the increases in Afghanistan, see CRS Report
R40682, Troop Levels in the Afghan and Iraq Wars, FY2001-FY2012: Cost and Other Potential Issues, by (nam
e redacted).
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The second reporting requirement in Sec. 1117, based on the Senate-passed bill,
requires that not later than 90 days after enactment, or by late September 2009, the
President submit a report listing U.S. objectives for Afghanistan and Pakistan,
together with the metrics to be used to evaluate progress toward each objective. Then,
every 180 days thereafter until the end of FY2011, the enacted bill requires that the
President submit a report assessing U.S. government progress toward each objective,
together with a justification of any changes to the metrics themselves, and an
estimate of additional resources or authorities needed.
The FY2009 International Affairs Supplemental
Request and Congressional Final Action
The Administration’s Request
On April 9, the President requested $7.1 billion in FY2009 supplemental funds for the
Department of State and USAID. The supplemental request for the Department of State totaled
$2.3 billion, of which $594.3 million was for Diplomatic and Consular Programs (D&CP)20 for
Iraq, Afghanistan, and Pakistan; $898.7 million for Embassy Security, Construction and
Maintenance’s (ESCM) improved, secure facilities in Afghanistan and Pakistan in order to
accommodate the civilian surge proposal; $7.2 million for the Special Inspector General for
Afghanistan Reconstruction (SIGAR); and $836.9 million for the Contributions to International
Peacekeeping Account (CIPA). On June 2, the President requested $200 million of additional
supplemental funds for Pakistan within the Migration and Refugee Assistance, Economic Support
Fund, and International Disaster Assistance accounts.
As the U.S. government continues to turn over responsibilities to the Government of Iraq, about
40% of the D&CP account for Iraq ($150 million) would pay for anticipated lease costs for
facilities that have been occupied by the United States at no cost previously. Approximately 85%
of the requested D&CP funds for Afghanistan ($261.5 million) was to accommodate the civilian
staffing surge proposal by the State Department and other federal agencies to complement
increased military operations in Afghanistan. In Pakistan, while funding was provided for
increased U.S. staffing at the Embassy in Kabul, approximately 85% of the requested funding
($36.5 million) was for increased public diplomacy initiatives in that country.
The total proposed FY2009 supplemental for USAID was $5.0 billion. The overall emphasis of
the request included: supporting key frontline states—Afghanistan ($980.0 million), Pakistan
($697.0 million), and Iraq ($482.0 million); aid for urgent global needs—migration and refugee
assistance ($333.0 million), P.L. 480 title II food aid ($300.0 million), international disaster
assistance ($200.0 million), and aid to developing countries affected by the global financial crisis
($448.0 million). Regional priorities included: North Korea, support of phase III of the six party
talks ($142.0 million); support to stabilize Georgia ($243.0 million); West Bank and Gaza ($715.0
million); and the Mérida program in Mexico ($66.0 million) to buy 3 Blackhawk helicopters.
20
The Diplomatic and Consular Programs (D&CP) account provides for operations, public diplomacy, security, the
civilian surge, and the work of the Inspectors General in Afghanistan, Iraq, and Pakistan.
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Reflecting the Obama Administration’s focus on the war in Afghanistan and a new counterinsurgency strategy that raises the profile of non-military methods, the FY2009 supplemental
request would significantly increase economic aid efforts in both Afghanistan and Pakistan
provided under the 150 account, State, Foreign Operations appropriations portion of the proposed
legislation. The newly requested funding for Afghanistan, totaling $980 million, was within three
accounts—$839 million in the Economic Support Fund (ESF), $129 million in the International
Narcotics Control and Law Enforcement (INCLE) account, and $12 million in the Nonproliferation, Anti-terrorism, Demining, and Related programs (NADR) account. More than a
third of the new funding request was devoted to improving governance at all levels of the Afghan
government, including anti-corruption measures and other efforts to strengthen the justice system.
The request for aid to Pakistan would double the level of FY2008. The FY2009 supplemental
request was $697 million—$429.5 million in ESF, $200 million for humanitarian assistance,
$65.5 million in INCLE, and $2 million in NADR funds. Its emphasis was almost entirely
devoted to supporting Pakistan’s economic growth and stability, supplementing that government’s
IMF Standby Agreement with possible programs to strengthen its social safety net and provide
budget support.
Congressional Final Action
The enacted FY2009 Supplemental Appropriation Act, 2009 (P.L. 111-32) provides $10.4 billion
for State Department, Foreign Operations, and P.L. 480 food aid. The funding level represents an
increase of more than $3.0 billion, or 41% more for International Affairs (150 function) accounts
than the $7.4 billion the Administration had requested. For the Department of State, Congress
increased the funding level to $2.7 billion, 17% more than had been requested. For Foreign
Operations, Congress increased funding to $7.0 billion, 49% more than requested. The enacted
bill provides $700.0 million for P.L. 480 food aid, 133% more than the $300.0 million requested.
Tables 5 and 6 show details of the international affairs supplemental funding provided in the
Supplemental Appropriations Act, FY2009 (P.L. 111-32).
Out of 20 accounts for International Affairs, Congress boosted all but four above the
Administration’s supplemental request. Accounts with significant increases include State’s D&CP
account which is $997.9 million or $403.6 million above the request. The increase in D&CP
reflects significant congressional increases for Iraq and Afghanistan operations and security, as
well as added funding for worldwide security protection. Included within the Afghanistan
operations is a $42.0 million to develop an air mobility for the Department of State and USAID,
and $10 million above the request for enhanced public diplomacy. Security in the D&CP account
for Afghanistan is also increased by $15 million. Funding for Iraq is $486.0 million, or $336.0
million above the $150.0 million requested by the Administration. The Appropriations Committee
explains that this is for activities included in the Administration’s regular FY2010 budget request
to assist in the transition of U.S.-Iraqi diplomatic relations.
Congress increased by $22.8 million the funding above the requested level of $898.7 million for
the Embassy Security, Construction, and Maintenance account. This funding is to provide for land
acquisition and development for the facility in Afghanistan to accommodate the planned civilian
surge, as well as for facilities in Islamabad, Lahore, and Peshawar, Pakistan.
The only State Department account that Congress did not increase supplemental funding over the
Administration’s request was for U.S. Contributions to International Peacekeeping. The
Administration requested $836.9 million, but was provided $721.0 million, a 14% decrease
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amounting to $115.9 million. The conferees explained that additional funds were provided for
peacekeeping in Somalia within the Foreign Operations Peacekeeping Operations (PKO) account.
Within the Foreign Operations, Congress provided $150.0 million for Global Health and Child
Survival for which the Administration had no request. Of that, $50 million is to support global
pandemic preparedness and response and $100.0 million for additional U.S. contributions to the
Global Fund to Fight AIDS, Tuberculosis, and Malaria.
Congress increased funding by $1.2 billion for the Foreign Military Financing Program (FMF).
The total amount of $1.3 billion expands aviation support for the Mexican Navy and provides
$69.0 million for assistance to Lebanon. In addition, mindful of the FY2010 budget request for
assistance to the following countries, the account is to provide $150.0 million for assistance to
Jordan, $260.0 million in FMF grants to Egypt, and $555.0 million for FMF grants to Israel.
Within the FY2009 supplemental act, funding of $700.0 million for the Pakistan
Counterinsurgency Capability Fund (PCCF) is provided to the Department of State. It becomes
available September 30, 2009 and remains available through FY2011. The conference report
(H.Rept. 111-151, p. 135) states that the Secretary of State is the principal advisor to the President
on foreign policy matters, and thus, the PCCF should be under the authority of the Department of
State (DOS) working in close coordination with the Department of Defense (DOD). It should be
noted that Congress also provided PCCF funding for FY2009 to the Department of Defense, and
both Departments are to coordinate activities and plan for the transition from DOD to DOS.
Supplemental funds for P.L. 480 Title II food aid grants, within the International Affairs 150
Function but appropriated in Title I Department of Agriculture, amounted to $700.0 million to
remain available until expended, as proposed by the Senate. (The House had proposed $500.0
million.) This reflects a 133% increase as compared to the Administration’s request of $300.0
million.
The Economic Support Fund (ESF) is among the few international affairs accounts for which
Congress provided less funding than was requested. Congress provided $2.9 billion, $30.9
million below the request, largely because of reduced funding within ESF to Pakistan, Iraq, and
North Korea, as well as a reduction of $192.4 million in assistance to Developing Countries
Affected by the Global Financial Crisis.
Table 5. FY2009 Supplemental Appropriations for International Affairs by Account
(in Millions of current $)
Request
House
Senate
Enacted
Diplomatic and & Consular Programs
594.3
1,016.2
645.4
997.9
Embassy Security
898.7
989.6
820.5
921.5
Office of Inspector General
7.2
17.1
22.2
24.1
Contributions to International
Peacekeeping
836.9
836.9
721.0
721.0
2,337.1
2,859.9
2,209.1
2,664.5
State Dept
Total
Foreign Operations
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Request
House
Senate
Enacted
USAID Operating Expenses
152.6
152.6
112.6
157.6
Capital Investment Fund
48.5
48.5
48.5
48.5
Office of Inspector General
---
3.5
3.5
3.5
Global Health & Child Survival
---
300.0
50.0
150.0
Development Assistance
38.0
---
38.0
---
International Disaster Assistance
230.0
200.0
245.0
270.0
3,004.5
2,907.5
2,828.0
2,973.6
Assist Europe, Eurasia & Central Asia
242.5
242.5
230.0
272.0
Int’l Narcotics Control and Law
Enforcement
389.5
483.5
393.5
487.5
Migration & Refugee Assist.
333.0
343.0
345.0
390.0
Nonproliferation, anti-terrorism,
demining
122.0
98.5
102.0
102.0
Peacekeeping Operations
50.0
80.0
172.9
185.0
Int’l Military Education & Training
2.0
2.0
2.0
2.0
Foreign Military Financing Program
98.4
1,349.0
98.0
1,294.0
Pakistan Counterinsurgency Fund
(400.0)a
400.0
---
700.0
Total Foreign Operations
4,711.0
6,610.6
4,711.5
7,035.7
Total State & Foreign Operations
7,048.1
9,470.5
6,920.6
9,700.2
300.0
500.0
700.0
700.0
7,348.1
9,970.5
7,620.6
10,400.2
Economic Support Fund
P.L. 480 Food aid
Total Int’l Affairs (150 Function)
Source: Department of State.
a.
Budget request includes $400.0 million under Title III.
Table 6. FY2009 Foreign Assistance Supplemental by Country/Program
(In Millions of current $)
Request
House
Senate
Enacted
AFRICA
133.0
151.0
273.9
288.0
Democratic Republic of the Congo
10.0
10.0
25.0
25.0
PKO
(10.0)
(10.0)
(15.0)
(15.0)
ESF
---
---
(10.0)
(10.0)
Kenya
38.0
18.0
38.0
35.0
ESF
---
(18.0)
---
(35.0)
DA
(38.0)
---
(38.0)
---
Somalia
40.0
80.0
165.9
178.0
PKO
(40.0)
(70.0)
(155.9)
(168.0)
(10.0)
(10.0)
(10.0)
ESF
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Request
House
Senate
Enacted
Zimbabwe - ESF
45.0
28.0
45.0
40.0
Sudan - ESF
---
15.0
---
10.0
EAST ASIA AND PACIFIC
155.0
13.0
40.0
13.0
Burma - ESF
13.0
13.0
13.0
13.0
North Korea
142.0
---
27.0
0.0
NADR
(47.0)
---
(27.0)
(0.0)
ESF
(95.0)
---
(0.0)
(0.0)
EUROPE AND EURASIA
242.5
242.5
230.0
272.0
Georgia - AEECA
242.5
242.5
200.0
242.0
Krygyzstan - AEECA
---
---
30.0
30.0
NEAR EAST
1,295.4
2,386.0
1,452.0
2,367.0
Iraq
482.0
482.0
472.0
461.0
IMET
(2.0)
(2.0)
(2.0)
(2.0)
ESF
(449.0)
(449.0)
(439.0)
(439.0)
INCLE
(20.0)
(20.0)
(20.0)
(20.0)
NADR
(11.0)
(11.0)
(11.0)
---
Israel - FMF
---
555.0
0.0
555.0
Egypt
---
310.0
2.0
312.0
FMF
---
(260.0)
---
(260.0)
PKO
---
---
(2.0)
(2.0)
ESF
---
(50.0)
---
(50.0)
Jordan
---
250.0
150.0
300.0
ESF
---
(100.0)
(150.0)
(150.0)
FMF
---
(150.0)
0.0
(150.0)
Lebanon - FMF
98.4
74.0
98.0
69.0
West Bank and Gaza
715.0
715.0
715.0
660.0
INCLE
(109.0)
(109.0)
(109.0)
(109.0)
NADR
(50.0)
(50.0)
(50.0)
(0.0)
ESF
(556.0)
(556.0)
(556.0)
(551.0)
Yemen - ESF
---
---
15.0
10.0
SOUTH AND CENTRAL ASIA
1,607.0
1,977.0
1,517.5
2,298.5
Afghanistan
980.0
980.0
1,011.0
994.0
INCLE
(129.0)
(129.0)
(133.0)
(133.0)
NADR
(12.0)
(12.0)
(12.0)
(0.0)
ESF
(839.0)
(839.0)
(866.0)
(861.0)
Pakistan
627.0
997.0
506.5
1,304.5
PCCF
---
(400.0)
---
(700.0)
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FY2009 Spring Supplemental Appropriations for Overseas Contingency Operations
Request
House
Senate
Enacted
INCLE
(65.5)
(65.5)
(65.5)
(65.5)
NADR
(2.0
(2.0)
(2.0)
(0.0)
ESF
(559.5)
(529.5)
(439.0)
(539.0)
WESTERN HEMISPHERE
66.0
470.0
66.0
420.0
Mexico - Merida
66.0
470.0
66.0
354.0
INCLE
(66.0)
(160.0)
(66.0)
(94.0)
FMF
---
(310.0)
(0.0)
(260.0)
BUREAU OF POPULATION,
REFUGEES AND MIGRATION
333.0
343.0
345.0
390.0
MRA
333.0
343.0
345.0
390.0
DEMOCRACY, CONFLICT AND
HUMANITARIAN ASSISTANCE
530.0
700.0
945.0
970.0
IDA
(230.0)
(200.0)
(245.0)
(270.0)
P.L. 480
(300.0)
(500.0)
(700.0)
(700.0)
USAID ADMINISTRATIVE
EXPENSES
201.1
204.6
164.6
209.6
USAID Operating Expenses
(152.6)
(152.6)
(112.6)
(157.6)
USAID Capital Investment Fund
(48.5)
(48.5)
(48.5)
(48.5)
USAID Inspector General
---
(3.5)
(3.5)
(3.5)
HEALTH – CSH
---
300.0
200.0
150.0
H1N1
(200.0)
(150.0)
(50.0)
Global Fund
(100.0)
(50.0)
(100.0)
Undetermined NADR
23.5
102.0
Assist. to Developing Countries
re: Global Financial Crisis
448.0
300.0
285.0
255.6
Total
5,011.0
7,110.6
5,519.0
7,735.7
Source: Department of State.
Notes: PKO = Peacekeeping Operations; ESF = Economic Support Fund; DA = Development Assistance; NADR
= Nonproliferation, Antiterrorism, Demining & Related Programs; AEECA = Assistance for Europe, Eurasia and
Central Asia; IMET = International Military Education &Training; INCLE = International Narcotics Control and
Law Enforcement; PCCF = Pakistan Counterinsurgency Capability Fund; and IDA = International Disaster
Assistance.
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FY2009 Spring Supplemental Appropriations for Overseas Contingency Operations
Other FY2009 Supplemental Funding Requests and
Congressional Action
Responding to the H1N1 Influenza Pandemic21
In late April 2009, the Centers for Disease Control and Prevention (CDC) reported several cases
of a new form of H1N1 human influenza, dubbed “swine flu,” in California and Texas. Since
then, health officials have tracked a global spread of the new pathogen. On June 11, the World
Health Organization (WHO) declared that the outbreak was a flu pandemic. (The last flu
pandemic occurred in 1968.) From the outset, the United States adopted a response posture to
address the situation. The Department of Health and Human Services (HHS) has begun
development of a vaccine, which could be available starting in the Fall of 2009. Congress
considered FY2009 supplemental funding to address the situation.
There are a number of recent precedents for providing funding for pandemic flu preparedness in
supplemental appropriations bills. In 2005, facing fears of a flu pandemic due to a strain of avian
influenza (“bird flu”), Congress provided $6.1 billion in FY2006 supplemental funds to several
federal departments for preparedness efforts.22 Most of this funding went to HHS, which has
received annual regular appropriations for continued pandemic planning since then. In FY2008
supplemental appropriations (P.L. 110-252), Congress provided $75 million to USAID for avian
and pandemic flu activities, to be available through FY2009. Pandemic planning funds were
included in the House-passed version of the American Recovery and Reinvestment Act of 2009
(ARRA , P.L. 111-5), but were not provided in the enacted law.23
Administration Request for Influenza Funding
On April 30, President Obama sent a letter to House Speaker Nancy Pelosi formally requesting
$1.5 billion for response efforts to the H1N1 flu outbreak. The request asked that Congress
appropriate the funds to the Executive Office of the President in a new account entitled
“Unanticipated Needs for Influenza.” The funds would be made available until expended for
transfer to other agencies by the Office of Management and Budget (OMB) subject to notification
to Congress. In a letter to the President accompanying the request, OMB Director Peter Orszag
said that this would provide “maximum flexibility ... to ... target responses and resources as this
emerging and unpredictable situation evolves.” Though the request did not specify accounts to
which funds may be transferred, the White House mentioned activities such as bolstering antiviral
stockpiles; developing a vaccine; supporting monitoring, diagnostic, and public health response
capabilities; and assisting international efforts to stem this outbreak and to address related
international needs. 24
21
Prepared by (name redacted), Specialist in Public Health and Epidemiology. For more information, see CRS Report
R40554, The 2009 Influenza Pandemic: An Overview, by (name redacted) and (name redacted).
22
CRS Report RS22576, Pandemic Influenza: Appropriations for Public Health Preparedness and Response, by (name
redacted).
23
CRS Report R40181, Selected Health Funding in the American Recovery and Reinvestment Act of 2009, coordinated
by (name redacted).
24
Executive Office of the President, Office of Management and Budget, Estimate #2, 111th Cong., 1st Sess., April 30,
(continued...)
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FY2009 Spring Supplemental Appropriations for Overseas Contingency Operations
On June 2, while the House- and Senate-passed FY2009 supplemental spending bills (discussed
below) were being reconciled in conference, the White House requested the higher amount of
$2.05 billion provided in the House-passed bill, along with additional funding and transfer
authorities, to address the current H1N1 flu outbreak and prepare for a possible pandemic.25 As
with the April 30 request, the White House again asked that funds be provided to a new account
for the Executive Office of the President, with provisions to allow spending flexibility. The June 2
request sought the following funds and transfer authorities, each of which would be used only
upon notification to Congress, and only if the President were to determine that the additional
resources were “required to address critical needs related to emerging influenza viruses.... ”26:
•
An appropriation of $2 billion (in addition to the $2.05 billion included in the
House supplemental bill) to the Executive Office of the President in a new
account entitled “Unanticipated Needs for Influenza” (as per the April 30
request), to remain available until September 30, 2010, for transfer to other
federal departments and agencies upon notice to Congress by the OMB Director.
•
Authority to transfer up to 1% of amounts appropriated in Division A of the
American Recovery and Reinvestment Act (ARRA ) to the “Unanticipated Needs
for Influenza” account, to remain available until September 30, 2010, for
subsequent transfer to other federal departments and agencies, upon notice to
Congress by the OMB Director. (The Congressional Budget office estimated that
ARRA Division A provided $311.2 billion in discretionary budget authority to
several federal departments and agencies.27)
•
Authority to transfer up to 1% of discretionary funds available to HHS in
FY2009, including balances remaining from prior year appropriations, to other
accounts within the department, upon notice to Congress by the Secretary of
HHS. (HHS received $78.5 billion in discretionary budget authority in FY2009
Omnibus appropriations. 28 The White House request did not state whether the
discretionary HHS funds available for the 1% transfer are intended to include
funds also provided through ARRA, which would then be potentially subject to
both proposed transfer authorities.)
•
Authority to use remaining funds in the “Biodefense Countermeasures” account
the in the Department of Homeland Security (i.e., the BioShield Special Reserve
Fund) for procurement of medical countermeasures for influenza (e.g., vaccines,
antiviral drugs, and laboratory tests). (The Special Reserve Fund, which the
White House proposed for transfer to HHS in its budget request for FY2010, is
estimated to have a balance of $2.76 billion at the end of FY2009.29)
(...continued)
2009, http://www.whitehouse.gov/omb/assets/budget_amendments/supplemental_04_30_09.pdf.
25
Executive Office of the President, Office of Management and Budget, Estimate #5, 111th Cong., 1st Sess., June 2,
2009, http://www.whitehouse.gov/omb/assets/budget_amendments/supplemental_06_02_09.pdf.
26
Ibid.
27
See Table 1 in CRS Report R40537, American Recovery and Reinvestment Act of 2009 (P.L. 111-5): Summary and
Legislative History, by (name redacted) et al..
28
HHS, “Fiscal Year 2010 Budget in Brief,” p. 8, May 7, 2009, http://www.hhs.gov/asrt/ob/docbudget/
2010budgetinbrief.pdf.
29
Executive Office of the President, Office of Management and Budget, Appendix, Budget of the U.S. Government,
Fiscal Year 2010, May 2009, p. 544, http://www.whitehouse.gov/omb/budget/fy2010/assets/appendix.pdf.
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FY2009 Spring Supplemental Appropriations for Overseas Contingency Operations
The magnitude of funds that could be mobilized under the requested transfer authorities
suggested that the Administration was looking for a means to purchase a large number of
vaccines against H1N1 flu. Funds already available to HHS could support vaccine development
and modest procurements, but would not have been adequate for procurements and related
activities sufficient to support a mass-vaccination campaign, if one were needed. GAO has noted
that the National Strategy for Pandemic Influenza: Implementation Plan (2006), which lays out
324 action items for federal agencies to prepare for and respond to a flu pandemic, contains no
discussion of the possible costs of these actions, or how they would be financed. 30 There has not
been a Stafford Act declaration for the H1N1 pandemic, so disaster relief funds administered by
the Federal Emergency Management Agency (FEMA) are not available for response efforts.
Many relevant activities, such as vaccine purchase, may not be eligible for the use of these funds,
even if such funds were available.31
House Action on Influenza Funding
On May 4, Representative Obey released a summary of his proposed supplemental appropriations
bill, calling for more than $2 billion for the current outbreak, $550 million above the request.32 In
a May 7 markup, the House Appropriations Committee approved the amount in Obey’s May 4
proposal, and the committee bill that was reported on May 12, H.R. 2346 included this amount.33
On May 14, the House passed H.R. 2346, including the amounts reported for influenza response,
without amendment. H.R. 2346 would not have provided the funds to the new account requested
by the White House, but would instead have provided transfer authority that allows flexibility in
how the funds could be used to address the fluid situation. H.R. 2346 would have provided the
following amounts and instructions:
•
$1.85 billion to HHS for the Public Health and Social Services Emergency Fund,
including no less than $200 million to CDC for several specified activities, and
no less than $350 million to upgrade state and local public health response
capacity.
•
$200 million to the President for the Global Health and Child Survival account,
to support global efforts to control the spread of the outbreak.
•
Of the $1.3 billion to HHS not specifically designated, funds could be transferred
to other HHS accounts and to other federal agencies, as the Secretary of HHS
determined to be appropriate. All such transfers would require notification to the
30
U.S. Government Accountability Office, Influenza Pandemic: Continued Focus on the Nation’s Planning and
Preparedness Efforts Remains Essential, GAO-09-760T, June 3, 2009, pp. 10-11, http://www.gao.gov. See also
Homeland Security Council, National Strategy for Pandemic Influenza: Implementation Plan, May 2006,
http://www.pandemicflu.gov/plan/federal/pandemic-influenza-implementation.pdf.
31
The Robert T. Stafford Disaster Relief and Emergency Assistance Act (the Stafford Act) authorizes assistance to
federal, state, and local governments, and private non-profit entities, upon a Presidential declaration of emergency or
disaster. See “Federal Statutory Authorities for Disaster Response” and “Federal Funding to Support an ESF-8
Response,” in CRS Report RL33579, The Public Health and Medical Response to Disasters: Federal Authority and
Funding, by (name redacted). See also CRS Report RL34724,Would an Influenza Pandemic Qualify as a Major
Disaster Under the Stafford Act?, by (name redacted).
32
House Committee on Appropriations, “Obey Statement: 2009 Supplemental Appropriations for Iraq, Afghanistan,
Pakistan and Pandemic Flu,” press release, May 4, 2009.
33
H.Rept. 111-105, pp. 38-40 and 53-54.
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FY2009 Spring Supplemental Appropriations for Overseas Contingency Operations
House and Senate Appropriations Committees. Transfers to other federal
agencies would also require consultation with the OMB Director.
•
Of the $1.3 billion to HHS not specifically designated, funds could be used for
purchases for the Strategic National Stockpile, and for construction or renovation
of privately owned vaccine production facilities. Funds could also be provided to
the Covered Countermeasure Process Fund, to compensate individuals who may
be harmed by vaccines or other countermeasures used to control the outbreak. 34
•
The Secretary of HHS would have to report to the House and Senate
Appropriations Committees on two matters. The Secretary would have to
continue monthly reporting of funds obligated and actions taken using funds
designated for pandemic flu preparedness. Also, in collaboration with the CDC
Director, the Secretary would have to report within 90 days regarding the CDC’s
initial response to the outbreak in Mexico and the United States.
•
If WHO were to announce that the H1N1 outbreak had progressed to a global flu
pandemic (i.e., Phase 6),35 and upon the President’s determination and
notification to the House and Senate Appropriations Committees, available funds
in four accounts from prior appropriations acts for the Department of State,
Foreign Operations, and Related Programs—Global Health and Child Survival;
Development Assistance; Economic Support Fund; and Millennium Challenge
Corporation—could be used for pandemic response activities.
Senate Action on Influenza Funding
On May 14, the Senate Committee on Appropriations marked up and reported S. 1054, the
Supplemental Appropriations Act, 2009, which would provide $1.5 billion for influenza activities,
the amount requested by the Administration. 36 The Committee recommended funding for the
Executive Office of the President, as requested, but under a new account entitled ‘‘Pandemic
Preparedness and Response’’ instead of the account entitled ‘‘Unanticipated Needs for Influenza’’
as proposed by the President. Amounts would be used to combat the current outbreak, and for
pandemic flu preparedness in general. On May 21, the Senate passed an amended version of H.R.
2346, including the flu provisions in S. 1054. It would have provided the following amounts and
instructions for flu activities:
•
$900 million to HHS for the Public Health and Social Services Emergency Fund,
for allocation by the Secretary for pandemic preparedness and response activities
including vaccine development, purchase of antivirals and medical equipment,
diagnostic and vaccine delivery equipment, antiviral research, and support for
state and local preparedness; and an additional $50 million to the HHS Food and
Drug Administration (FDA) for activities including vaccine and antiviral
development, manufacturer assistance, approval reviews, and safety activities,
including blood and consumer protection response.
34
The Covered Countermeasure Process Fund, established in Section 319F-4 of the Public Health Service Act, does not
currently have a balance. See CRS Report RS22327, Pandemic Flu and Medical Biodefense Countermeasure Liability
Limitation, by (name redacted) and (name redacted).
35
WHO declared the situation to be a flu pandemic, Phase 6, on June 11. See CRS Report R40554, The 2009 Influenza
Pandemic: An Overview, by (name redacted) and (name redacted).
36
S.Rept. 111-20, pp. 58-60.
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FY2009 Spring Supplemental Appropriations for Overseas Contingency Operations
•
$190 million to the DHS Departmental Management and Operations account, for
allocation by the Secretary, with emphasis on planning and coordination, and on
purchasing personal protective equipment and antivirals for DHS personnel and
state and local responders.
•
$100 million to the Secretary of Agriculture, for the Agricultural Programs,
Production, Processing and Marketing account, for activities including animal
health surveillance and disease investigation, and impacts resulting from
misinformation about flu transmission.
•
$110 million for the Department of Veterans Affairs (VA), Veterans Health
Administration, for pandemic preparedness, including purchasing protective
equipment for high-risk populations and occupations, expanding its antiviral
stockpile, and improving information technology capabilities.
•
$150 million to the President for the Global Health and Child Survival account,
to facilitate information sharing, limit the spread of the virus, reduce mortality
and the social and economic impacts, and respond to emergency needs in affected
countries.
Enacted Influenza Funding
The enacted legislation includes the following to address the response to the H1N1 flu outbreak:37
37
•
As proposed by the House, $1.85 billion to HHS for the Public Health and Social
Services Emergency Fund, to be available until expended, including no less than
$200 million to CDC for a number of specified activities, and no less than $350
million to upgrade state and local public health capacity for responding to the
outbreak.
•
As proposed by the House, of the $1.3 billion to HHS not specifically designated,
funds could be transferred to other HHS accounts and to other federal agencies,
as the Secretary of HHS determined to be appropriate. All such transfers would
require notification to the House and Senate Appropriations Committees.
Transfers to other federal agencies would also require consultation with the OMB
Director.
•
As proposed by the House, of the $1.3 billion to HHS not specifically designated,
funds could be used for purchases for the Strategic National Stockpile, for
construction or renovation of privately owned vaccine production facilities, and
for the Covered Countermeasure Process Fund.
•
An additional contingent emergency appropriation of $5.8 billion to HHS for the
Public Health and Social Services Emergency Fund, which would become
available for obligation 15 days after the President provided a detailed written
request to Congress to obligate specific amounts for specific purposes, and only
if needed to address the emergency. If such requirements were met, funds could
generally be made available and transferred as per the $1.3 billion in noncontingent funds provided as above, including for purchases for the Strategic
National Stockpile and the Covered Countermeasure Process Fund. However,
H.Rept. 111-151, pp. 27-28, 34-35, 110, 114-116, 125-126, and 142.
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FY2009 Spring Supplemental Appropriations for Overseas Contingency Operations
authority to use these contingent funds for construction or renovation of privately
owned vaccine production facilities would not be not provided.
•
As proposed by the House, the Secretary of HHS would have to report to the
Appropriations Committees on two matters; (1) continued monthly reporting of
funds obligated and actions taken using funds designated for pandemic flu
preparedness; and (2) in collaboration with the CDC Director, within 90 days, a
report regarding the CDC’s initial response to the outbreak in Mexico and the
United States.
•
$50 million to the President for the Global Health and Child Survival account, to
support global efforts to control the spread of the outbreak.
•
If WHO announced that the current outbreak had progressed to a global flu
pandemic (i.e., Phase 6),38 and upon the President’s determination and
notification to the House and Senate Appropriations Committees, available funds
in four accounts from prior appropriations acts for the Department of State,
Foreign Operations, and Related Programs— Global Health and Child Survival;
Development Assistance; Economic Support Fund; and Millennium Challenge
Corporation—could be used for pandemic response activities. If this authority
were used, OMB must seek replenishments for any funds reprogrammed from
these accounts.
Other Supplemental Funding Requests
In addition to defense and foreign affairs funding, the Administration’s original April 9 request
proposed a relatively limited amount of funding for some other programs, including
•
$89.5 million for Department of Energy counter-proliferation programs, of which
$55 million is to finance new initiatives to safeguard nuclear materials in Russia
and $34.5 million is to implement denuclearization programs in North Korea;
•
$21.6 million in authority to use balances of funds in the Strategic Petroleum
Reserve account to finance SPR site maintenance, with no net additional
appropriations;
•
$47 million for a number of Department of Justice national security-related
programs, of which $30 million is to implement the Administration decision to
shut down the Guantanamo Bay prison by supporting a task force to review
detainee records and carry on prosecutions;
•
$250 million for fighting wildfires and restoring burned areas of which $200
million is for the Department of Agriculture Forest Service and $50 million is for
the Department of the Interior;
•
$2.9 million in funds appropriated to the President for operations of the National
Security Council; and
•
$71.6 million for the Legislative Branch for a new encrypted radio system for the
Capitol Police.
38
WHO declared the situation to be a flu pandemic, Phase 6, on June 11. See CRS Report R40554, The 2009 Influenza
Pandemic: An Overview, by (name redacted) and (name redacted).
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FY2009 Spring Supplemental Appropriations for Overseas Contingency Operations
Guantanamo Bay Prison Shutdown
The request for funds to support shutting down the Guantanamo Bay prison prompted a number
of questions a the Senate Appropriations Committee hearing on the Administration request on
April 30, at which Secretary of Defense Gates and Secretary of State Clinton testified. The House
Appropriations Committee did not provide $50 million requested for the Department of Defense
to support the relocation of detainees and to facilitate the closure of detainee facilities, nor did it
agree to provide $30 million requested for the Department of Justice to implement executive
orders to the shut down the prison and review of the U.S. detention and interrogation procedures.
In its report on the bill, the committee said,
Once a decision has been made, the Committee expects the Department to report on its plan
for implementation and submit a reprogramming request for any funds it requires to relocate
detainees from the Guantanamo Bay Naval Base, to relocate military and support forces
associated with detainee operations, and to close detainee facilities.39
The Senate Appropriations Committee included both Defense Department and Department of
Justice funding to close the prison in the bill it reported, but funding was the initial order of
business when the bill was brought up on the floor on May 19. Senators Inouye and Inhofe
immediately offered an amendment, S.Amdt. 1133, deleting the funding and providing that none
of the funds in the supplemental or in any prior act be used to relocate any detainee to the United
States. The Senate approved the amendment by a vote of 90-6 on May 20; the funding was not in
the final act (P.L. 111-32).
39
U.S. Congress, House Committee on Appropriations, Report to Accompany H.R. 2346, Making Supplemental
Appropriations for the Fiscal Year Ending September 30, 2009, and for Other Purposes, 111th Cong., 1st sess., May 12,
2009, H.Rept. 111-105 (Washington: GPO, 2009), p. 15.
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FY2009 Spring Supplemental Appropriations for Overseas Contingency Operations
Appendix A. FY2009 Supplemental
Appropriations for Iraq Reconstruction40
The FY2009 supplemental assistance request for Iraq reflected the Administration’s intention to
move toward a diminished U.S. presence in the country. The total non-humanitarian foreign
operations aid request amounted to $482 million, which, with already appropriated amounts from
the June 2008 FY2009 “bridge” supplemental (P.L. 110-252) and the regular FY2009
appropriations approved in March 2009 (P.L. 111-8), would bring total non-humanitarian foreign
operations assistance to $605 million, basically the same amount as appropriated in FY2008. The
equivalent amount in FY2007 was $2 billion, which would have been available through FY2008.
Without a similar cushion of funds from the preceding year, the FY2009 request could have been
seen as a notable decrease in economic assistance.
The request for DOD assistance represented a more pronounced decline. The Administration
asked that the $1 billion appropriated in the FY2009 “bridge” appropriation to the Iraq Security
Forces Fund (ISFF), which was to support training and equipping of Iraqi security forces, be
rescinded and re-appropriated in this new FY2009 supplemental bill. In essence, the request was
made in order to extend availability of these funds. The “bridge” appropriation would have
expired at end of September 2009; with this new appropriation it would be available until end of
September 2010. If the request was approved—as largely turned out to be the case—the trend in
ISFF totals would appear as follows: $5.5 billion in FY2007, $3 billion in FY2008, and $1 billion
in FY2009. The Commander’s Emergency Response Program (CERP) request, totaling $453
million, was, as for other years, to be shared by both Afghanistan and Iraq.
The $482 million foreign operations request broke down as follows—$449 million in Economic
Support Fund (ESF), $20 million in International Narcotics and Law Enforcement (INCLE), $2
million in International Military Education and Training (IMET), and $11 million in Narcotics,
Anti-Terrorism, Demining and Related Programs (NADR) funds. Within these accounts, the
largest amounts were requested for certain programs in ESF that well-characterize the Iraq
assistance program at this stage. Of programs supporting improved governance, the Quick
Response Fund ($45 million), a civilian equivalent of the CERP, is a key tool of the Provincial
Reconstruction Teams (PRTs) that allow U.S. civilians, with security provided by the U.S.
military, to maintain a presence in the provinces, deal directly with local leaders, and bolster local
government. The Local Governance Program ($55 million), managed by USAID, helps build
management and knowledge skills of provincial government personnel. The Community Action
Program (CAP) ($35 million) funds projects identified by local representative associations.
Ministerial Capacity Development ($60 million) seeks to enhance the capabilities of Iraqi central
government personnel, especially focusing on helping them execute their budgets. Significant
funding ($112 million) is being requested to support national elections scheduled for later this
year. Key programs supporting economic growth in Iraq are Economic Reform ($50 million)
activities to build a better regulatory system and in Agriculture ($43 million), which after oil
production is Iraq’s best hope for an improved economy.
In addition to the security and economic aid-related requests for Iraq, the supplemental request
contained a humanitarian aid component. The Migration and Refugee Assistance account (MRA)
40
Prepared by (name redacted), Specialist in Foreign Affairs.
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FY2009 Spring Supplemental Appropriations for Overseas Contingency Operations
included $108 million to address the needs of the roughly 4.8 million Iraqi refugees and internally
displaced persons (IDPs).
Table A-1. FY2009 Supplemental and Iraq Reconstruction: Request and Conference
Report
Request
Conference Report
150 Foreign Operations Accounts
Economic
Support Fund
(ESF)
International
Narcotics and
Law
Enforcement
(INCLE)
Nonproliferation,
Anti-Terrorism,
Demining and
Related
Programs
(NADR)
International
Military
Education and
Training (IMET)
$449 million, of which:
$439 million, of which:
Civil Society & Elections
$112 million
Civil Society & Elections
$118
million
Community Action
Program (CAP)
$35 million
Community Action
Program (CAP)
$50 million
Ruzicka War Victims Fund
$3.5 million
Ruzicka War Victims
Fund
$10 million
War Widows
$5 million
War Widows
$5 million
Quick Response Fund
$45 million
Iraq Cultural Antiquities
$2 million
Ministerial Capacity
Development
$60 million
Targeted Stability
Programs
$15 million
Local Governance
$55 million
Unallocated
$239
million
Economic Reform
$50 million
Provincial Economic
Growth
$27.5
million
Agriculture
$43 million
Program Support
$13 million
$20 million, of which:
$20 million, unallocated
Police Transition Planning
$5 million
Judiciary
$9 million
Rule of Law Advisors
$3 million
Program Support
$3 million
$11 million of which:
Level for Iraq not Specified
Train ISF for Diplomatic
Protection
$6 million
Terrorist Interdiction
$0.5 million
Border Control
$2 million
WMD
$1 million
Nuclear Waste Disposal
$1.5 million
$2 million
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FY2009 Spring Supplemental Appropriations for Overseas Contingency Operations
Migration and
Refugee
Assistance
(MRA)
Request
Conference Report
$108 million
Level for Iraq not Specified
050 DOD Accounts
Iraq Security
Forces Fund
(ISFF)
$1 billion
Coinciding
with
cancellation
of $1 billion
from
FY2009
“bridge”
(P.L. 110252).
$1 billion
Coinciding
with
rescission
of $1 billion
from
FY2009
“bridge”
(P.L. 110252).
Commander’s
Emergency
Response
Program (CERP)
$453 million
For both
Iraq and
Afghanistan.
$453 million
For both
Iraq and
Afghanistan.
Source: Department of State, OMB, and Conference Report H.Rept. 111-151 on H.R. 2346.
House Action on Iraq Reconstruction
The House-approved bill (H.R. 2346) matched the Administration request for most items
associated with Iraq reconstruction aid. Bill language appropriated the request for the ISFF, and
House Appropriations Committee explanatory language provided the request for the CERP, ESF,
INCLE, NADR, and IMET accounts. Sufficient funds were provided to the overall MRA account
to meet the Iraq request here.
The most notable change from the Administration request came in operating expense accounts.
The State Department Diplomatic and Consular Programs account which funds staff salaries,
expenses, and security was increased in the case of Iraq by 224%, from a request of $150 million
to a House allocation of $486 million. The Appropriations Committee took this action in order to
fund the Iraq Mission through the first quarter of 2010 as it transitions “both to an annualized
funding cycle and to a more regular diplomatic and development program.” Funds are largely to
lease facilities supporting the Mission and to provide for civilian security needs that, presumably,
are expected to increase as U.S. troops draw down.
Senate Action on Iraq Reconstruction
The FY2009 supplemental approved by the Senate mostly followed the Administration request
for Iraq reconstruction—matching the request for CERP, INCLE, NADR, and IMET accounts,
and reducing by only $10 million the ESF level to $439 million. Sufficient funds were also
provided to the overall MRA account to meet the Iraq request. On the ISFF, however, the Senate
bill departed from the request. Instead of rescinding $1 billion from the FY2009 “bridge”
supplemental and re-appropriating it in this bill, the Senate version left the “bridge” appropriation
intact and still appropriated $1 billion in the new supplemental. Further, recognizing that
responsibility to train Iraqi security forces will transition from DOD to the Department of State in
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FY2009 Spring Supplemental Appropriations for Overseas Contingency Operations
August 2010, the Committee added language transferring unobligated balances, as of July 31,
2010, to State to use for this purpose. Unlike the House bill, the Senate bill matched the
Administration’s $150 million request for the State Diplomatic and Consular Programs account.
Enacted Supplemental for Iraq Reconstruction
H.R. 2346, as enacted (P.L. 111-32), closely follows the Administration request for Iraq
reconstruction aid. The enacted supplemental for FY2009 matches the request and provides $439
million for ESF, $10 million less than the request; $20 million for INCLE, and $2 million for
IMET. Congress essentially extended the ISFF appropriation from P.L. 110-252 for another year,
by the rescission and reappropriation of its $1 billion. The act also provides $453 million in
requested CERP funds (shared with Afghanistan).
The act specifies that not less than $15 million of ESF be used for targeted development programs
determined by the Ambassador. Explanatory language made special reference to the treatment of
women in Iraq and encouraged the use of funds to incorporate women in the course of stabilizing
the country and building government institutions.
Congress adopted the $486 million House level for State Operating Expenses, addressing the
FY2010 request early in order to assist the embassy transition to a more regular diplomatic and
aid program.
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Appendix B. FY2009 Supplemental
Appropriations for Assistance to Afghanistan41
Despite significant progress in Afghanistan during the past eight years—a new constitution and
successful presidential elections in 2004, parliamentary elections in 2005, and increased personal
freedom for Afghan citizens, especially the participation of women in economic and political
life—insurgent threats to Afghanistan’s government have escalated since 2006 to the point that
some experts began questioning the success of U.S. stabilization efforts. An expanding militant
presence in some areas previously considered secure, increased numbers of civilian and military
deaths, growing disillusionment with corruption in the government of Afghan President Hamid
Karzai, and Pakistan’s inability to prevent Taliban and other militant infiltration into Afghanistan
led the Obama Administration to conduct its own “strategic review,” the results of which were
announced on March 27, 2009.
In part because of the many different causes of continued instability in Afghanistan, there
reportedly was difficulty reaching consensus on a new strategy. The thrust of the new strategy is a
focus not on adding U.S. troops—although at least 21,000 are being added in 2009—but rather on
enhancing non-military steps such as economic development and coordination among
international donors, building local governing structures, building capacity and reforming the
Afghan government, expanding and reforming the Afghan security forces, and trying to improve
Pakistan’s efforts to curb militant activity on its soil.
The FY2009 supplemental request reflects the Administration strategy by seeking to significantly
increase economic aid to Afghanistan provided under the 150 account, State, Foreign Operations
appropriations portion of the proposed legislation. If the requested level was approved—as is
largely the case—total FY2009 non-humanitarian economic aid to Afghanistan would amount to
$2.6 billion, an increase of 32% ($631 million) over the previous year’s appropriations. The
newly requested funding for Afghanistan, totaling $980 million, would come from three
accounts—$839 million under the Economic Support Fund (ESF), $129 million under
International Narcotics and Law Enforcement account (INCLE), and $12 million under the
Nonproliferation, Anti-Terrorism, and Demining (NADR) account. More than a third of the new
funding would be devoted to improving governance at all levels of the Afghan government,
including anti-corruption and other efforts to strengthen the justice system. Substantively,
according to the Administration, the request also “represents a major shift” from short and longterm reconstruction and development activities scattered throughout all of Afghanistan to
programs “focused on countering the insurgency, primarily in the south and east.”42
The $839 million ESF request consisted of five components. Security-related programs, including
counternarcotics alternative development programs, stabilization projects targeting critical
districts, construction of district centers where citizens can meet with local officials, and quick
support projects delivered by Provincial Reconstruction Teams (PRTs) represented $214 million.
Governance programs, accounting for $295 million, include building the capacity of the Afghan
government at all levels, anti-corruption activities, election support, Ministry of Justice
41
Prepared by (name redacted), Specialist in Foreign Affairs, (name redacted), Specialist in Middle Easter Affairs and
(name redacted), Specialist in International Humanitarian Policy.
42
Department of State and USAID, FY2009 Supplemental Justification, p. 51.
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FY2009 Spring Supplemental Appropriations for Overseas Contingency Operations
assistance, and U.S. contributions to the World Bank’s Afghanistan Reconstruction Trust Fund.
Providing basic services to vulnerable populations and creating short-term employment
opportunities amounted to $135 million. Economic growth efforts, totaling $170 million,
encompass projects in agriculture, monetary and fiscal policy reform, expansion of a central
business registry, creation of a national land registry, and micro and small business credit
activities. Funding of administration and oversight of these programs amounted to $25 million.
The $129 million INCLE program in Afghanistan would focus on counternarcotics programs ($46
million), including special assistance to communities adopting anti-narcotics policies to tide them
over until development efforts take effect and support to the Afghan Counternarcotics Advisory
Team; rule of law efforts ($78 million), including legal education, support for women prisoners,
and assistance to the Central Prison Directorate; and program administrative and oversight
support ($5 million). The $12 million NADR program would bolster the capacities of the Afghan
Presidential Protective Service.
The State, Foreign Operations portion of the request also included $261.5 million in State
Department Diplomatic and Consular Program account funds, most of which would support
operational expenses of the proposed civilian staff surge from multiple agencies that would bring
staff levels in Kabul up from 394 to 567 and expand PRT staff by 110 temporary posts. Similarly,
there was a $140 million request for USAID Operating Expenses, most of which is meant to
increase USAID staff in the PRTs. In addition, $101.5 million would go to security protection for
U.S. facilities and personnel, and $87 million would go to embassy physical expansion to provide
room for new housing. The Special Inspector General for Afghanistan Reconstruction (SIGAR)
request was for $7.2 million. In all, these operational expense requests amounted to about $600
million.
In addition to these economic efforts, the Administration request included $3.6 billion for the
Afghan Security Forces Fund (ASFF), which supports the training and equipping of Afghan army
and police. The Administration has also asked that $125 million previously appropriated to the
ASFF in the FY2009 “bridge” legislation be rescinded and re-appropriated in this new FY2009
supplemental bill. In essence, the request was made in order to extend availability of these funds.
The “bridge” appropriation would have expired at end of September 2009; with this new
appropriation it would be available until end of September 2010. The Administration’s $453
million request for the Commander’s Emergency Response Program (CERP) was, as has been the
case in the past, for both Iraq and Afghanistan.
Table B-1. FY2009 Supplemental and Afghanistan Aid: Request and Conference
Report
Request
Conference Report
150 Foreign Operations Accounts
Economic
Support
Fund (ESF)
$839 million, of which:
$861 million, of which:
Security & Stabilization
(PRT programs)
$214
million
Afghan Civilian Assistance
Program
$12 million
Governance
$295
million
Afghan Reconstruction
Trust Fund
$115 million
Social
Services/Employment
$135
million
Agriculture
$100 million
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FY2009 Spring Supplemental Appropriations for Overseas Contingency Operations
Request
International
Narcotics
and Law
Enforcemt
(INCLE)
Conference Report
Economic Growth
$170
million
Alternative Development
$65 million
Program Support
$25
million
Widows Assistance
$5 million
Women NGOs
$30 million
Unallocated
$534 million
$129 million, of which:
$133 million, of which:
Counter-narcotics
Planning
$46
million
Good Performers Initiative
$23 million
Rule of Law
$78
million
Combating Violence Against
Women and Girls
$10 million
Program Support
$5 million
Unallocated
$100 million
Nonprolifer
ation, AntiTerrorism,
Demining
and Related
Programs
(NADR)
$12 million
Level for Afghanistan not Specified
Migration
and Refugee
Assistance
(MRA)
$7 million
Level for Afghanistan not Specified
050 DOD Accounts
Afghanistan
Security
Forces Fund
(ISFF)
$3.6 billion
Coinciding with
cancellation of $125
million from FY2009
“bridge” (P.L. 110-252).
$3.6 billion
Commander
Emergency
Response
Program
(CERP)
$453 million
For both Iraq and
Afghanistan.
$453 million
For both Iraq and
Afghanistan.
Source: Department of State, OMB, and Conference Report H.Rept. 111-151 on H.R. 2346.
House Action on Afghanistan Assistance
H.R. 2346, approved by the House on May 14, 2009, largely matched the Administration request
for economic assistance to Afghanistan. Bill language provided the requested $3.6 billion for the
ASFF. Explanatory language in the Appropriations Committee report (H.Rept. 111-105) provided
the Administration request for the CERP ($453 million, shared with Iraq), NADR ($12 million),
INCLE ($129 million), and ESF ($839 million) accounts. The report language broke out the ESF
in slightly different amounts and categories than the request—$70 million for the National
Solidarity Program, $159 million for the PRTs, $85 million for Agriculture, $55 million for
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FY2009 Spring Supplemental Appropriations for Overseas Contingency Operations
Alternative Development, $200 million of Economic Growth, $25 million for Elections, $115
million for Governance and Civil Society, and $20 million for Rule of Law.
The House bill would have provided more in the State Department operating expense account, the
Diplomatic and Consular Program, than the Administration requested—$448.9 million instead of
the $363 million request. Most of the difference is in staff expense allocations, as opposed to
security costs. The House provided $327.4 million for State and other agency staff expenses,
rather than the $261.5 million request. This is meant to support the proposed staff surge—170
U.S. Direct Hires in Kabul, 251 temporary PRT staff, and 106 local staff, as well as 59 existing
staff from other agencies (Agriculture, Treasury, etc.) and up to 73 new staff from these agencies.
The House bill matched the Administration request for USAID operating expenses at $140
million and for the Special Inspector General for Afghanistan Reconstruction at $7.2 million.
Senate Action on Afghanistan Assistance
The Senate-approved version of the FY2009 supplemental matched the Administration request
for the NADR account ($12 million) and slightly altered the request for ESF ($866 million vs. a
request of $839 million), and INCLE ($133 million vs. a request of $129 million). The Senate bill
also provided $25 million for MRA assistance to internally displaced people and refugees versus
a request of $7 million. The bill provided the requested amount for the CERP and the ASFF, but
did not cancel and re-appropriate the $125 million in FY2009 “bridge” funds sought by the
Administration.
The Senate bill provided $308.6 million for State D&CP staff operating expenses (vs. $261.5
million request) and $100 million for USAID operating expenses (vs. $140 million request). It
matched the $7.2 million request for the SIGAR.
The Enacted FY2009 Supplemental
The FY2009 Supplemental, as passed by Congress (P.L. 111-32), closely follows the
Administration request levels for most accounts with regard to Afghanistan assistance. It provides
$861 million in ESF—$22 million above the request; $133 million in INCLE—$4 million above
the request; and $3.6 billion for the ASFF and $453 million for the CERP (to be shared with Iraq),
matching those requests. Afghanistan funding levels for NADR and MRA accounts were not
specified in the conference report, but are likely to be allocated funds at the requested levels.
Of special note, the act provides not less than $150 million of ESF and INCLE be used for
programs addressing the needs of women and girls. It requires that 10% of INCLE funds be
withheld until the Secretary of State reports that the Afghan government is taking steps to remove
officials engaged in narcotics or human rights crimes. It provides $70 million for the National
Solidarity Program.
The enacted supplemental provides $413.2 million in State Diplomatic and Consular Program
operating expenses vs. the $363 million requested. Half of the additional amount is an early
response to the FY2010 budget request for air transport needs of the Embassy. The Embassy
Security account, however, is allocated $67 million less than the request, due to concerns
regarding the plan to acquire land adjacent to the Embassy to meet civilian expansion needs. The
USAID Operating Expense account request of $140 million is met by the legislation.
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Appendix C. FY2009 Supplemental
Appropriations for Assistance to Pakistan43
The President’s request for supplemental FY2009 appropriations included a total of more than
$900 million in proposed spending directly related to Pakistan, and another $1 billion in Coalition
Support Funds (CSF), much of which is likely to be used to reimburse Pakistan for its support of
U.S. military operations in the region. The Administration argued that $497 million in new
foreign operations assistance was urgently needed “to help stem the rapidly deteriorating security
and economic conditions confronting” Pakistan, and it emphasized that “failure to address these
conditions could lead to a further opening for extremists” there.44 It further argued that ongoing
CSF reimbursements are “critical to maintaining the viability” of U.S.-led military coalition
efforts, and that establishment of a new Pakistan Counterinsurgency Capability Fund (PCCF) was
necessary to bolster that country’s security forces and make it a more effective partner in U.S.
efforts to stabilize neighboring Afghanistan and the region.45
The DOD assistance request would continue CSF payments to reimburse Pakistan for its ongoing
operational and logistical support of U.S. efforts in the region. Such funds have accounted for the
bulk of U.S. financial transfers to Pakistan since 2001, and they have come under scrutiny as
concerns grew in Congress and among independent analysts that standard accounting oversight
procedures were not being employed.46 Pakistan has received approximately 80% of appropriated
CSF funds since 2001 at an average rate of nearly $80 million per month. This ratio suggests that
Pakistan could received approximately $800 million in supplemental CSF in FY2009 in addition
to the $200 million already disbursed through the FY2009 “bridge” supplemental. Requested
counterdrug funds in the DOD budget totaled $25.8 million. Moreover, the proposed PCCF funds
would be used to 1) fund an existing, multi-year Security Development Plan for Pakistan; 2)
assist Pakistani security forces to organize, train, equip, and operate as a counterinsurgencycapable force; and 3) provide humanitarian relief in post-combat/conflict areas. Secretary of
Defense Robert Gates has favored funding the PCCF with up to $3 billion over a five-year period
and folding into this single account many sometimes disparate Pentagon-funded security
programs for Pakistan. There was debate in Congress about whether the PCCF should come
under the authority of the Department of Defense or the Department of State.
The $497 million foreign operations request broke down as follows: $430 million in Economic
Support Fund (ESF), $65.5 million in International Narcotics and Law Enforcement (INCLE),
and $2 million in Narcotics, Anti-Terrorism, Demining and Related Programs (NADR) funds.
Within these accounts, the largest amounts ($400 million) are requested for ESF programs that
would help address Pakistan’s economic crisis and balance of payment deficit by supplementing
Islamabad’s $7.65 billion Standby Agreement with the International Monetary Fund. Another
$21.5 million in ESF would be used to expand USAID’s Community Rehabilitation Infrastructure
Support Program (CRISP) in ongoing efforts to stimulate economic activity, create jobs and
43
Prepared by (name redacted), Specialist in South Asian Affairs.
U.S. Department of State, “FY2009 Supplemental Justification,” April 9, 2009.
45
U.S. Department of Defense, “Fiscal Year 2009 Supplemental Request,” April 2009.
44
46
The Government Accountability Office was tasked to address oversight of coalition support funds that go to
Pakistan. Its June 2008 report concluded that increased oversight and accountability was needed over Pakistan’s
reimbursement claims for such funds (see http://www.gao.gov/new.items/d08806.pdf).
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improve service delivery in Pakistan. Humanitarian assistance for persons internally displaced by
instability in Pakistan’s western border regions would total $8 million. These amounts would add
to the “bridge” FY2009 supplemental providing $150 million and a base FY2009 request of $453
million, bringing the FY2009 ESF total for Pakistan to about $1.03 billion, a huge increase as
compared to previous years. Requested INCLE funds include $35 million to continue train and
equip programs for elite police forces and other law enforcement agencies in Pakistan’s North
West Frontier Province and Federally Administered Tribal Areas, and $22.5 million to expand the
air wing of the paramilitary Frontier Corps to improve tactical counternarcotics, law enforcement,
and border security capacities. The $2 million requested for NADR would fund four additional
Crisis Response Team training courses for Pakistan’s Federal Investigative Agency’s anti-terrorist
team, said to be a high priority of the Interior Ministry.
State Department and USAID operations costs to be funded under the supplemental request
include $806.2 million for security, construction and maintenance of several U.S. posts in
Pakistan, the bulk of which would fund renovation or replacement of the existing chancery and
construction of a new annex at the Islamabad post. Moreover, $45.6 million requested for costs
related to diplomatic and consular activities of the U.S. Mission in Pakistan broke down as
follows: $30.9 million to enhance U.S. public diplomacy efforts there; $9.1 million to provide
increased security for U.S. facilities; and $5.5 million to fund a staffing surge. For USAID, $7.6
million to support significant increases in USAID staffing levels in Pakistan. These funds would
pay for salaries, benefits, and related expenses for 81 approved new positions, including 16 new
U.S. Direct-Hires.
In a conference report on FY09 supplemental appropriations (H.Rept. 111-151) subsequently
approved by both chambers in mid-June (P.L. 111-32), conferees resolved differences between the
House and Senate versions and authorized the following: $1 billion for coalition support fund
reimbursements to “key cooperating nations (Pakistan since 2001 has received roughly 80% of
such funds); $896 million for embassy security, construction, and maintenance; $539 million in
ESF; $65.5 million for INCLE; no less than $55 million for International Disaster Assistance for
Pakistani IDPs; $45.6 million for diplomatic and consular activities; $10 million for public
diplomacy broadcasting activities near the Pakistan-Afghanistan border; $10 million for Pentagon
counterdrug activities; $7.6 million for USAID operating costs; and $3.5 million for Inspector
General oversight of programs (in both Afghanistan and Pakistan).
Congress also established two new funds to build Pakistan’s counterinsurgency capabilities. The
first, a Pakistan Counterinsurgency Fund (PCF), will receive $400 million for such purposes
though FY2010. These funds will be overseen by the Secretary of Defense with the concurrence
of the Secretary of State. The second, a Pakistan Counterinsurgency Capability Fund (PCCF) will
receive $700 million for such purposes beginning on the final day of FY2009 and available
through FY2011. These funds will be overseen by the Secretary of State with the concurrence of
the Secretary of Defense. In their report, the conferees expressed concern about providing the
Pentagon with oversight of an assistance program that would traditionally fall under the purview
of the State Department and so directed the Secretary of Defense and Secretary of State to jointly
develop a plan for transitioning the PCF from Defense to State by FY2010, fully executed by
FY2011 (H.Rept. 111-151).
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Table C-1. FY2009 Supplemental Appropriations for Pakistan
150 Foreign Operations
Accounts
Economic Support Fund (ESF)
International Narcotics and Law
Enforcement (INCLE)
$429.5 million
$65.5 million
of which:
Unallocated
$399 million (majority
intended for use in FATA and
NWFP)
Humanitarian
Assistance/Protection for
Vulnerable Populations
$125 million
Democracy programs
$10 million
Baluchistan and East Indus
River Development Programs
$5 million
of which:
NWFP Police Training
$35 million
Frontier Corp Air Wing
Expansion
$22.5 million
Police Training Venue Security
$3 million
Program Support
$5 million
Nonproliferation, AntiTerrorism, Demining and
Related Programs (NADR)
$2 million
of which:
International Disaster Assistance
$55 million
For use to meet the growing
needs of internally displaced
persons.
Pakistan Counterinsurgency
Fund
$400 million
A new fund to build the counterinsurgency capabilities of
Pakistan’s security forces, overseen by the Secretary of Defense
through FY2010.
Pakistan Counterinsurgency
Capability Fund
$700 million
A new fund to build the counterinsurgency capabilities of
Pakistan’s security forces, overseen by the Secretary of State
FY2010-2011.
Coalition Support Funds
$1 billion
Reimbursements to coalition partners for expenses incurred in
support of U.S. military operations (Pakistan since 2001 has
received roughly 80% of such funds).
Counterdrug Funds
$10 million
Crisis Response Team
Training
$2 million
050 DOD Accounts
Source: Department of State and OMB.
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Appendix D. FY2009 Supplemental
Appropriations for Other Humanitarian
Assistance47
Although proposed aid packages for specific countries anticipate and identify some humanitarian
needs, the Administration also seeks funding for what it describes as new FY2009 humanitarian
requirements that stem from events unfolding in late 2008 and early 2009 that were not
anticipated in the FY2009 regular budget request.
Migration and Refugee Assistance (MRA)
The Administration’s FY2009 emergency supplemental request initially asked for $293 million
for the Migration and Refugee Assistance (MRA) account for anticipated and unanticipated
refugee and migration emergencies, of which: $108 million was requested for humanitarian
assistance to Iraqi refugees, Internally Displaced Persons (IDPs) and conflict victims; $125
million was requested for the emergency needs of Palestinian refugees in West Bank and Gaza
and $25 million for Palestinian refugees in Lebanon; $7 million was requested to support the
work of international organizations in South Asia, including Afghanistan and Pakistan; $15
million was requested to assist with massive displacement and the provision of humanitarian
assistance in several interconnected conflicts in Africa—in eastern Democratic Republic of
Congo (DRC), Sudan, Uganda, and Rwanda; $10 million was requested for the global
protection/emergency response requirements/food assistance worldwide, but primarily in Africa;
and $3 million was requested for Burmese refugees in camps along the Thai-Burma border.
On June 2, 2009, the Administration revised its request and asked for an additional $200 million
to address humanitarian needs in Pakistan, $40 million of which was for MRA. The revised
request for MRA thus totaled $333 million.
House Action
The House Appropriations Committee-reported bill included $343 million for the MRA account,
which was $50 million above the Administration’s initial request (and $10 million above its
revised request.) The report cites urgent humanitarian requirements for refugees and IDPs in Iraq,
Jordan, Syria, the West Bank and Gaza, Lebanon, Afghanistan, Pakistan, Africa (in addition to
specific reference to food aid), and Burmese refugees in Asia.
In explanatory language of its report, the Committee referred to ongoing concerns about whether
the United Nations Relief and Works Agency (UNRWA) is operating with sufficient transparency
and is doing all that is possible to prevent the inappropriate use of funds in the form of supporting
terrorists and other extremists, specifically in the West Bank and Gaza. Section 21004 of the bill
focuses on accountability measures for humanitarian and project assistance to the West Bank and
Gaza: Section 21004(a) would limit the funds appropriated under MRA that may be made
available to UNRWA to $119 million. Section 21004(b) would require the Secretary of State to
47
Prepared by (name redacted), Specialist in International Humanitarian Policy.
Congressional Research Service
55
FY2009 Spring Supplemental Appropriations for Overseas Contingency Operations
submit to the Committees on Appropriations an accountability report assessing the status on eight
accountability measures. Section 21004(c) would transfer $1,000,000 from funds made available
under the Economic Support Fund (ESF) to the Inspector General of the Department of State and
Broadcasting Board of Governors to conduct oversight of funding made available to the West
Bank and Gaza and the region.
Senate Action
The Senate Committee on Appropriations provided $345 million for the MRA account (which
would have increased the Administration’s initial request by $52 million and its revised request
by $12 million) to assist refugees and IDPs. Of this amount, explanatory language allocated $25
million for returning IDPs in Afghanistan, $25 million for “such needs” in Africa, $5 million for
refugees from Burma, $15 million for IDPs in Sri Lanka, and $5 million for IDPs in Colombia.
Enacted FY2009 Supplemental
The enacted legislation (H.R. 2346, P.L. 111-32) provides $390 million for MRA, which is $57
million above the Administration’s revised request and an increase over the amounts sought by
both the House
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