# Authorization and Appropriations for FY2005: Defense

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/crs%3ARL32305

## Record

- **Collection:** Congressional research report
- **Document type:** CRS Report
- **Published:** December 14, 2004
- **Citation:** RL32305

## Text

Order Code RL32305

CRS Report for Congress
Received through the CRS Web

Authorization and Appropriations
for FY2005: Defense

Updated December 14, 2004

name redacted and name redacted
Specialists in National Defense
Foreign Affairs, Defense, and Trade Division

Congressional Research Service ˜ The Library of Congress

The annual consideration of appropriations bills (regular, continuing, and supplemental) by
Congress is part of a complex set of budget processes that also encompasses the
consideration of budget resolutions, revenue and debt-limit legislation, other spending
measures, and reconciliation bills. In addition, the operation of programs and the spending
of appropriated funds are subject to constraints established in authorizing statutes.
Congressional action on the budget for a fiscal year usually begins following the submission
of the President’s budget at the beginning of each annual session of Congress.
Congressional practices governing the consideration of appropriations and other budgetary
measures are rooted in the Constitution, the standing rules of the House and Senate, and
statutes, such as the Congressional Budget and Impoundment Control Act of 1974.
This report is a guide to one of the 13 regular appropriations bills that Congress considers
each year. It is designed to supplement the information provided by the House and Senate
Appropriations Subcommittees on Defense. It summarizes the status of the bill, its scope,
major issues, funding levels, and related congressional activity, and is updated as events
warrant. The report lists the key CRS staff relevant to the issues covered and related CRS
products.
NOTE: A Web version of this document is available to
congressional staff at
[http://www.crs.gov/products/appropriations/apppage.shtml].

Authorization and Appropriations for FY2005: Defense
Summary
Early on the morning on October 7, 2004, a conference agreement on the
FY2005 defense authorization bill (H.R. 4200) was announced. The House approved
the conference agreement by a vote of 359-14 on October 8, and the Senate approved
it by unanimous consent on October 9. The President signed the bill into law (P.L.
108-375) on October 23. On the key issues, conferees rejected a House provision to
delay military base closures; authorized purchases, but not leasing, of Boeing KC767 or other refueling aircraft; increased statutory caps on Army and Marine Corps
active duty end-strength in FY2005 by 23,000; rejected a House provision that would
limit purchases of defense goods from nations that require offsets for purchases of
U.S. weapons; and increased benefits for 62-and-older survivors of military retirees.
Earlier, on July 22, 2004, both the House (by a vote of 410-12) and the Senate
(by a vote of 96-0) approved a conference agreement on the FY2005 defense
appropriations bill (H.R. 4613). The President signed the bill into law (P.L. 108-287)
on August 5, 2004. The conference agreement provides $391.2 billion for regular
Department of Defense programs, about $1.7 billion below the Administration
request, $25 billion in emergency funds for operations in Iraq and Afghanistan, $685
million for State Department operations in Iraq, $95 million for assistance to refugees
in Sudan and Chad, $500 million for fire fighting, $50 million for security at the
party conventions, and $26 million for a federal judiciary shortfall. Later, the energy
and water appropriations bill, included in the consolidated appropriations bill (H.R.
4818), rescinded $300 million in regular FY2005 defense appropriations.
The appropriations conference agreement resolves what was, perhaps, the major
defense issue in Congress this year: whether to provide additional funds for ongoing
operations in Iraq and Afghanistan. On May 12, after considerable prodding from
Congress, the Administration requested $25 billion to cover costs for the next few
months. The key issue in Congress then became how much flexibility to grant the
Defense Department in allocating the funds. None of the congressional defense
committees agreed to the Administration request for full funding flexibility. The
conference agreement on the appropriations bill provides $3.8 billion of the funds in
a flexible transfer account, of which $1.8 billion is for classified programs, leaving
$2 billion available for unforseen expenses. The remainder is provided in regular
defense appropriations accounts subject to standard procedures requiring advance
congressional approval if funds are shifted between accounts. The appropriations
conference report also resolves a number of major weapons issues. It makes
substantial cuts in a few high-profile weapons programs, including the Space-Based
Radar and the Transformational Communications Satellite. It approves funding to
begin construction of the Navy DD(X) destroyer and Littoral Combat Ship.
One other major defense policy issue was resolved in action on the energy and
water appropriations bill. In floor votes on the defense authorization bill, both the
House and the Senate rejected amendments to eliminate funds for the Robust Nuclear
Earth Penetrator nuclear warhead and new low-yield nuclear weapons development.
The conference agreement on the energy and water appropriations bill, however,
following the House, eliminates funds for both programs.

Key Policy Staff
Area of Expertise
Acquisition
Aviation Forces
Arms Control
Arms Sales
Base Closure
Defense Budget
Defense Industry
Defense R&D
Ground Forces
Health Care; Military
Intelligence
Military Construction
Military Personnel
Military Personnel;
Reserves
Missile Defense
Naval Forces
Nuclear Weapons
Peace Operations
Radio Frequency,
Military
Readiness
Space, Military
War Powers

Name
Valerie Grasso
(name redacted)
Amy Woolf
Richard Grimmett
David Lockwood
(name redacted)
(name redacted)
Jeff Chamberlin
Gary Pagliano
Daniel Else
Michael Davey
John Moteff
Edward Bruner
Steven Bowman
Richard Best
Richard Best
Al Cumming
Daniel Else
Robert Goldich
David Burrelli

Telephone

E-Mail

7-....
[redacted]@crs.loc.gov
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[redacted]@crs.loc.gov
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[redacted]@crs.loc.gov
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[redacted]@crs.loc.gov
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[redacted]@crs.loc.gov
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(name redacted)

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[redacted]@crs.loc.gov

Steven Hildreth
(name redacted)
Ronald O’Rourke
Jonathan Medalia
Nina Serafino

7-....
[redac
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dacted]@crs.loc.gov
[redacted]@crs.loc.gov
[redacted]@crs.loc.gov
[redacted]@crs.loc.gov

Lennard Kruger

7-....

[redacted]@crs.loc.gov

(name redacted)
Marcia Smith
(name redacted)
Richard Grimmett

7-....
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[redac

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Contents
Most Recent Developments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Overview: What the Defense Authorization and Appropriations Bills Cover . . . 1
Status of Legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Highlights of Final Conference Agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Defense Authorization Conference Agreement . . . . . . . . . . . . . . . . . . . . . . . 3
Defense Appropriations Conference Agreement . . . . . . . . . . . . . . . . . . . . . 18
Congressional Committee and Floor Action . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
House Defense Authorization Markup . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
House Defense Authorization Floor Action . . . . . . . . . . . . . . . . . . . . . . . . . 29
Senate Defense Authorization Markup . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Senate Defense Authorization Floor Action . . . . . . . . . . . . . . . . . . . . . . . . 36
House Defense Appropriations Markup . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
House Defense Appropriations Floor Action . . . . . . . . . . . . . . . . . . . . . . . . 46
Senate Defense Appropriations Markup . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Senate Defense Appropriations Floor Action . . . . . . . . . . . . . . . . . . . . . . . 49
Issues for Congress . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
Funding for Iraq and Afghanistan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
Deficits and the Defense Budget . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
Active Duty End-Strength . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
Missile Defense . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
“Bow Waves” and “Train Wrecks”: Cost Growth and Affordability of
Major Weapons Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
Evolutionary Acquisition and Spiral Development . . . . . . . . . . . . . . . . . . . 68
Military Personnel Benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
Base Closures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
Overseas Troop Deployments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
Army Transformation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
DOD’s Civilian and Uniformed Personnel Systems . . . . . . . . . . . . . . . . . . 74
Easing Environmental Provisions Affecting Military Training . . . . . . . . . . 76
Development of New Nuclear Weapons . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
Boeing KC-767 Tanker Aircraft Acquisition . . . . . . . . . . . . . . . . . . . . . . . . 78
Buy American Act, Trade Offsets, and Related Issues . . . . . . . . . . . . . . . . 79
Legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
Concurrent Budget Resolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
Defense Authorization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
Defense Appropriations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
For Additional Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
CRS Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
Appendix A. Funding Tables . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84

Appendix B. Overview of the Administration Request . . . . . . . . . . . . . . . . . . . 93
Comanche Termination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
Continued Growth in Operation and Maintenance and in Military
Personnel Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
Growth of Large Acquisition Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
Appendix C: Defense Budget Trends . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99

List of Figures
Figure B-1. Operation and Maintenance Budget
Authority Per Active Duty Troop, FY1955-FY2009 . . . . . . . . . . . . . . . . . . 96
Figure B-2. Military Personnel Budget Authority
Per Active Duty Troop, FY1973-FY2009 . . . . . . . . . . . . . . . . . . . . . . . . . . 97
Figure C-1. National Defense Outlays % of GDP, FY1947-FY2009 . . . . . . . . 100
Figure C-2. Federal Outlays % of GDP, FY1962-FY2009 . . . . . . . . . . . . . . . . 101

List of Tables
Table 1a. Status of FY2005 Defense Appropriations, H.R. 4613 . . . . . . . . . . . . . 3
Table 1b. Status of FY2005 Defense Authorization: H.R. 4200, S. 2400 . . . . . . 3
Table 2. Side by Side Comparison of Key Provisions: Defense Authorization . . 7
Table 3. Side by Side Comparison of Key Provisions: Defense
Appropriations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Table 4. Congressional Budget Resolution Target for the National Defense
Budget Function (050) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
Table A-1. Congressional Action on FY2005 Defense Appropriations Bill by
Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
Table A-2. National Defense Budget Function Request by Appropriations
Bill, FY2002-FY2005 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
Table A-3. Congressional Action on Missile Defense Programs . . . . . . . . . . . . 86
Table A-4. House and Senate Action on Major Weapons Acquisition
Programs: Authorization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
Table A-5. House and Senate Action on Major Weapons Acquisition
Programs: Appropriations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
Table B-1. National Defense Budget Function, FY2004-FY2009,
Administration Projection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
Table B-2. Department of Defense Budget, FY2004-FY2005, With and
Without FY2004 Supplemental Funding . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
Table B-3. Increases in Funding for Selected Acquisition Programs,
FY2000-FY2005 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
Table C-1. Change in National Defense Budget Function by
Appropriations Title, FY2000-FY2005 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
Table C-2. Administration Projections for the National Defense Budget
Function, FY2005-FY2009 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101

Authorization and Appropriations for
FY2005: Defense
Most Recent Developments
Early in the morning on October 7, 2004, a conference agreement on the
FY2005 defense authorization bill (H.R. 4200) was announced. The House approved
the conference report (by a vote of 359-14) on October 8, and the Senate approved
it (by unanimous consent) on October 9. The President signed the bill into law (P.L.
108-375) on October 28. On the key issues, conferees rejected a House provision to
delay military base closures; authorized purchases, but not leasing, of Boeing KC767 or other refueling aircraft; increased statutory caps on Army and Marine Corps
active duty end-strength in FY2005 by 23,000; rejected a House provision that would
limit purchases of defense goods from nations that require offsets for purchases of
U.S. weapons; and increased benefits for 62-and-older survivors of military retirees.
Earlier, on July 22, 2004, both the House (by a vote of 410-12) and the Senate (by a
vote of 96-0) approved a conference agreement on the FY2005 defense
appropriations bill (H.R. 4613). The President signed the bill into law on August 5,
2004 (P.L. 108-287). The conference appropriations agreement provides $416.9
billion in new budget authority, including $391.2 billion for regular Department of
Defense programs and $28.2 billion in emergency funding, of which $25 billion is
for operations in Iraq and Afghanistan. The $391.2 billion in regular defense
appropriations is about $1.7 billion below the Administration request. The energy
and water appropriations bill, included in the consolidated appropriations bill
approved in November (H.R. 4818), however, rescinded $300 million of regular
FY2005 defense appropriations.

Overview: What the Defense Authorization and
Appropriations Bills Cover
Congress provides funding for national defense programs in several annual
appropriations measures, the largest of which is the defense appropriations bill.
Congress also acts every year on a national defense authorization bill, which
authorizes programs funded in several regular appropriations measures. The
authorization bill addresses defense programs in almost precisely the same level of
detail as the defense-related appropriations, and congressional debate about major
defense policy and funding issues often occurs mainly in action on the authorization.
Because the defense authorization and appropriations bills are so closely
related, this report tracks congressional action on both measures.
The annual defense appropriations bill provides funds for military activities of
the Department of Defense (DOD), including pay and benefits of military personnel,

CRS-2
operation and maintenance of weapons and facilities, weapons procurement, and
research and development, as well as for other purposes. Most of the funding in the
bill is for programs administered by the Department of Defense, though the bill also
provides (1) relatively small, unclassified amounts for the Central Intelligence
Agency retirement fund and intelligence community management, (2) classified
amounts for national foreign intelligence activities administered by the CIA and by
other agencies as well as by DOD, and (3) very small amounts for some other
agencies.
Several other appropriations bills also provide funds for national defense
activities of DOD and other agencies — see Table A-2 in the Appendix for a list and
for budget amounts. This report does not generally track congressional action on
defense-related programs in these other appropriations bills, except for a discussion
of action on some Department of Energy nuclear weapons programs in the energy
and water appropriations bill.

Status of Legislation
Congress began action on annual defense authorization bills the week of May 3,
2004. The House Armed Services Committee began subcommittee markup of its
version of the FY2005 national defense authorization (H.R. 4200) on May 5,
completed full committee markup on May 12, and reported the bill on May 13
(H.Rept. 108-533). The House began floor action on the bill on May 19 and
approved it on May 20. The Senate Armed Services Committee completed full
committee markup of its version of the bill (S. 2400) on May 7 and issued a report
on May 11 (S.Rept. 108-284). Floor action on S. 2400 began in the Senate on May
17, and resumed on June 2 after the Memorial Day recess. Debate continued through
June 23, when the bill was passed by a vote of 97-0. The Senate debated the bill for
a total of four weeks.
Action on the annual defense appropriations bills began on June 2, when the
House Defense Appropriations Subcommittee completed marking up its version of
the bill. The full committee marked up the bill on June 16 and reported H.R. 4613
on June 18 (H.Rept. 108-553). The full House debated and passed the bill by a vote
of 403-17 on June 22. The Senate Appropriations Committee marked up its version
(S. 2559) on June 22, and filed a report on the bill on June 24 (S.Rept. 108-284). In
floor action, the Senate took up the House-passed version of H.R. 4613 on June 24,
incorporated the reported version of S. 2559 into H.R. 4613, considered amendments,
and then passed H.R. 4613, as amended, by a vote of 98-0. A conference report was
filed on July 20, 2004 (H.Rept. 108-622) and approved both in the House and in the
Senate on July 22. The President signed the bill into law on August 5, 2004 (P.L.
108-287).
Earlier, the Senate passed its version of the FY2005 concurrent budget
resolution (S.Con.Res. 95) on March 12, and the House passed its version
(H.Con.Res. 393) on March 25. A conference agreement was filed on April 10 and
approved in the House on April 11 and “deemed” to be in effect on the House side
on April 19, 2004 (H.Res. 649). The Senate has not taken up the conference
agreement, but the conference agreement on the defense appropriations bill included

CRS-3
a provision deeming amounts approved in the budget resolution for discretionary
programs to be in effect in the Senate for subsequent action on appropriations bills.

Table 1a. Status of FY2005 Defense Appropriations, H.R. 4613
Subcommittee
Markup
House

House
Report

House
Senate
Passage
Report

Senate
Passage

Conf.
Report

Senate

6/2/04 6/22/04

Conference Report
Approval
House

6/22/04
6/18/04
6/24/04
(403-17)
H.Rept.
S.Rept.
H.R.
108-553
108-284
4613

6/24/04
(98-0)
S. 2559

Public
Law

Senate

7/20/04
8/5/04
7/22/04 7/22/04
H.Rept.
(P.L. 108(410-12) (96-0)
108-622
287)

Note: In floor action, the Senate substituted its version of the bill, S. 2559, into H.R. 4613.

Table 1b. Status of FY2005 Defense Authorization: H.R. 4200, S. 2400
Full Committee
Markup
House Senate

5/12/04 5/7/04

House
Report

House
Senate Senate Conf.
Passage
Report Passage Report

Conference Report
Approval
House

Public Law

Senate

5/20/04
10/8/04
10/9/04
5/13/04
5/11/04 6/23/04 10/8/04
10/28/04
(391-34)
(359-14) (Unanimous
H.Rept.
S.Rept. (97-0) H.Rept.
(P.L. 108H.R.
H.R.
Consent)
108-491
108-260 S. 2400 108-767
375)
4200
4200
H.R. 4200

Highlights of Final Conference Agreements
Defense Authorization Conference Agreement
The conference on the defense authorization bill had to resolve differences
between the House and the Senate on a number of major policy issues. What follows
is a brief review of the issues, followed in each case by a summary of how the
conference agreement of October 7 addresses them. For more extensive background
on these issues, see the “Issues for Congress” section below.
!

Funding for operations in Iraq and Afghanistan. The appropriations
conference agreement provided $25 billion in emergency funding for
operations in Iraq and Afghanistan. The remaining issue for the
authorization conference is whether to add reporting requirements.
The Senate version of the authorization requires quite extensive
additional reporting on operations in Iraq in particular.
Authorization conference outcome: Authorized $25 billion, as
expected, including $435 million for body armor, $572 million for
up-armored Humvees, and $100 million for bolt-on armor. Requires

CRS-4
a number of reports, including quarterly accounting for operations
conducted as part of the Global War on Terrorism, a report on the
post-major combat operations phase of Operation Iraqi Freedom, and
a report on training for post-conflict operations.

1

!

Oversight of prisoner abuse in Iraq and elsewhere. The Senatepassed bill includes an amendment proposed by Senator Patrick
Leahy that states it is U.S. policy not to abuse prisoners in its control
and that requires the Administration to produce a number of
documents related to treatment of U.S.-held prisoners. The House
has rejected a number of proposals to require production of similar
documents. Conference outcome: Includes a sense of the Congress
section regarding abuse of detainees, development of a policy to
prevent abuse, and reports to Congress on the policy.

!

Army and Marine Corps end-strength. The House authorization bill,
as reported by the Armed Services Committee and passed on the
floor, increases Army end-strength by 10,000 and Marine Corps endstrength by 3,000 in each of the next three years, for a total increase
of 39,000. The bill also establishes the new end-strength totals as
statutory minimums. In floor action on June 17, the Senate adopted
an amendment by Senator Jack Reed to increase Army end-strength
by 20,000 in FY2005. The House and Senate appropriations bills
provide funds for the higher troop levels within the $25 billion
provided for Iraq and Afghanistan. Conference outcome: Agreed
to increase Army end-strength by 20,000 and Marine end-strength by
3,000 in FY2005 and establishes the increased totals as minimums.
Also authorizes, but does not require, additional increases of 10,000
in the Army and 6,000 in the Marine Corps over the next four years,
but does not yet establish them as minimums.

!

Military base closures. The House approved a measure in the
authorization bill that would delay the next round of military base
closures, now planned for 2005, until 2007, and that would require
a number of reports in the interim. By a vote of 49-47, the Senate
rejected an amendment to its version of the authorization that would
have delayed domestic base closures until 2007. This issue is likely
to be a major conference item because the Administration has
threatened a veto if the final bill includes a delay in base closures.1
Conference outcome: Does not agree to the House proposal to
delay base closures by two years. Requires approval of 7 of 9
commissioners to add a facility to the base closure list that the White
House will propose.

!

Health care for reservists. In a key floor vote, the Senate approved
an amendment to the authorization bill by Senators Lindsey Graham

Office of Management and Budget, Statement of Administration Policy on H.R. 4200, May
19, 2004; [http://www.whitehouse.gov/omb/legislative/sap/108-2/hr4200sap-h.pdf].

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and Tom Daschle to provide health insurance through the militaryrun TRICARE program for all non-deployed reservists and their
dependents, with the Defense Department paying the employer share
of the costs. Earlier, the Senate Armed Services Committee had
approved a more limited measure to establish a health insurance
program for non-deployed reservists and their dependents, called
TRICARE Reserve Select. Under the program, employers could
agree to pay part of the cost of the program, with reservists paying
the remaining cost, or reservists could sign up by paying the full
cost. The House authorization includes neither provision. Instead,
the House bill establishes a three-year demonstration program for
providing health insurance through TRICARE for reservists without
access to employer-provided health insurance. The Senate bill also
provides for a similar two-year demonstration program. Conference
outcome: Does not approve the Senate proposal to provide
TRICARE for all non-deployed reservists. Instead, who serve 90
consecutive days in active service or more and who agree to sign up
for an additional year or more of service in the reserves one year of
access to TRICARE after demobilization.
!

Military Survivor Benefit Plan. The House authorization includes
a measure that was adopted in markup to phase in increased benefits
for 62-and-older surviving dependents of military retirees to 55% of
retired pay (now provided to younger survivors) over four years
through 2008. The Senate approved a floor amendment to the
authorization bill that increases benefits for 62-and-older survivors
from the current 35% of retired pay to 45% after September 2008
and to 55% after September 2014. Conference outcome: As in the
House, phases in full 55% benefit level by 2008.

!

KC-767A tanker acquisition. The House authorization approved a
measure to require the Air Force to enter into a contract to acquire
Boeing 767 tanker aircraft. The Senate approved a floor amendment
to the authorization bill that establishes quite strict requirements
before any funds can be obligated for 767 tanker acquisition.
Conference outcome: Does not approve the House mandate to
enter into a contract for 767s by next March. Repeals the leasepurchase program approved last year. Instead, prohibits leasing and
authorizes multi-year procurement of 100 new aerial refueling
aircraft (which could be 767s or an alternative).

!

Renewal of authorization for public-private partnerships to provide
military family housing. After this year, a statutory cap on funding
for military housing privatization expires, and virtually all of the
congressional defense committees called for extending it. Repealing
the cap, however, would increase mandatory spending, so advocates
struggled to find an offset for the extension — an effort to extend the
program in House action on the military construction appropriations
bill was defeated on a point of order. Conference outcome: The
authorization conference agreement repeals the funding cap, offset

CRS-6
by savings from repealing the KC-767 lease-purchase plan, which
CBO had scored as mandatory spending.
!

Limits on defense offset agreements and Buy American provisions.
The House authorization includes a measure that would prohibit the
United States from purchasing foreign-made defense items unless
the seller agrees to provide trade “offsets” equal, as a share of value,
to the offsets the selling nation applies to purchases from the United
States. The provision may be waived if the Secretary of Defense
certifies that a purchase is necessary to meet U.S. national security
objections. In contrast, the Senate adopted an amendment to the
authorization bill by Senator McCain (S.Amdt. 3461) that would
allow the Secretary of Defense to exempt several allies from existing
Buy American requirements. Conference outcome: Rejects the
House provision that would limit purchases and substitutes a
provision that would require the Secretary of Defense to develop a
comprehensive acquisition trade policy to ensure that U.S. firms are
not disadvantaged by foreign offsets.

!

Limits on arms sales and technology transfers to China. The House
authorization includes one provision that would tighten restrictions
on transfer of technology with potential military utility to China by
U.S. or by foreign firms and another to expand the number of
Chinese firms defined as “military companies” to which sales are
restricted. The Senate bill includes no similar provisions.
Conference outcome: As in the House bill, would expand the
number of Chinese firms defined as “military companies.”

!

Disposition of nuclear waste at Department of Energy nuclear
weapons production facilities. The Senate authorization includes a
measure that would allow liquid waste stored at the Savannah River
nuclear weapons production plant to be redefined as low-level waste
that could be stabilized and stored indefinitely on site. The Senate
narrowly rejected a floor amendment to delete the provision. The
House bill does not address the issue. Conference outcome:
Approves the Senate provision with some amendments, including
requiring a National Academy of Sciences study of alternatives for
waste cleanup.

!

Development of the Robust Nuclear Earth Penetrator and other new
nuclear weapons. Both the House and the Senate rejected
amendments to the defense authorization bill to eliminate funds
requested for RNEP and other new nuclear weapons development.
The House-passed version of the FY2005 energy and water
appropriations bill (H.R. 4614), however, eliminates the $36 million
requested for the programs in the Department of Energy budget.
Conference outcome: The conference agreement on the energy and
water appropriations bill, included in the consolidated appropriations
bill, H.R. 4818, eliminates funds for RNEP and other new nuclear
weapons R&D.

CRS-7

Table 2. Side by Side Comparison of Key Provisions: Defense Authorization

House Authorization

Senate Authorization

Conference Authorization

Military Personnel End-Strength, Pay, and Benefits
Increased statutory end-strength for the Army by
10,000 troops each year from FY2005 through
FY2007 and for the Marine Corps by 3,000 troops
each year through FY2007. Set FY2005 levels as
minimums.

Approved a floor amendment to increase Army
end-strength by 20,000 in FY2005, but did not
establish it as a floor.

Increased end-strength for the Army by 20,000 and
for the Marine Corps in FY2005, established both
as minimums, and approved increases of 10,000 in
the Army and 6,000 in the Marine Corps through
FY2009.

Approved the requested pay raise of 3.5% for
uniformed personnel.

Approved the requested pay raise of 3.5% for
uniformed personnel.

Approved the requested pay raise of 3.5% for
uniformed personnel.

Approved the request to complete a five-year
phase in of increased housing allowances sufficient
to eliminate out-of-pocket housing costs.

Approved the request to complete a five-year
phase in of increased housing allowances sufficient
to eliminate out-of-pocket housing costs.

Approved the request to complete a five-year
phase in of increased housing allowances sufficient
to eliminate out-of-pocket housing costs.

Approved a measure to increase Survivor Benefits
Plan (SBP) annuities for age 62-and-older
survivors of military retirees from 35% of retired
pay to 55% in increments through FY2008.

Approved a floor amendment to increase Survivor
Benefits Plan (SBP) annuities for age 62-and-older
survivors of military retirees from 35% of retired
pay to 55% in increments through FY2014.

Approved the House proposal to phase in the full
55% level by FY2008.

Eliminated a statutory limit on funding for military
housing privatization.

Approved a floor amendment increasing the
privatization cap by $1 as a placeholder for
negotiations in conference.

Eliminated the statutory cap on funding for
housing privatization.

CRS-8

House Authorization

Senate Authorization

Conference Authorization

Permanently increased the Family Separation
Allowance from $100 to $250 per month and
increased Imminent Danger Pay from $150 to $225
per month. Also increased hardship duty pay,
which may be provided to troops outside of
combat zones, from $300 to $750 per month.

Increased the Family Separation Allowance from
$100 to $250 per month and increased Imminent
Danger Pay from $150 to $225 per month.

Increased the Family Separation Allowance from
$100 to $250 per month and increased Imminent
Danger Pay from $150 to $225 per month. These
measures make permanent increases that Congress
approved in the FY2003 and FY2004 Iraq
supplemental appropriations bills. Did not accept
House provision on hardship duty pay.

Established a program to replace lost income of
reservists mobilized for extended periods up to
$3000 per month.

Approved a floor amendment requiring that
Federal agencies ensure that employees will not
lose income when mobilized as reservists.

Neither House nor Senate provision adopted.

Authorized the Secretary of Defense to reimburse
personnel for purchases of self-protection
equipment if not provided by the services before
deployment.

Required the Defense Department to reimburse
military personnel, families, or charitable
organizations for purchases of self-protection
equipment if not provided by the services before
deployment.

Requires the Defense Department to reimburse
military personnel, families, or charitable
organizations for purchases of self-protection
equipment if not provided by the services before
deployment. Establishes procedures for claims.

Permanently extended to all hospitalized personnel
a provision in the FY2004 defense appropriations
act (P.L. 108-283) that eliminated a requirement
that military personnel pay for meals while
hospitalized for combat-related injuries.

Extended to all hospitalized personnel a provision
in the FY2004 defense appropriations bill that
eliminated a requirement that military personnel
pay for meals while hospitalized for combatrelated injuries.

Permanently repeals the requirement that
hospitalized personnel pay for meals.

Authorized the Defense Department to accept
donation of frequent flyer miles for travel of
military personnel or family members.

Authorized the Defense Department to accept
donation of frequent flyer miles for travel of
military personnel or family members and others.

Authorizes the Defense Department to accept
donation of frequent flyer miles for travel of
military personnel or family members and others.

CRS-9

House Authorization

Senate Authorization

Conference Authorization

Directed the Defense Department to establish a
three-year demonstration program that would
permit non-deployed reservists not eligible for
employer-sponsored health benefits to sign up for
health insurance through the military-run
TRICARE program.

Established a two-year demonstration program to
allow non-deployed military reservists not eligible
for employer-sponsored heath insurance to sign up
for health insurance through the military-run
TRICARE program.

Does not approve a TRICARE for reservists
demonstration project but requires the Government
Accountability Office to report on Defense
Department preparations to carry one out.

Adopted a floor amendment to allow all reservists
to sign up for medical insurance through the
military TRICARE program if they pay 28% of the
cost. The Committee bill established a new health
insurance program, called TRICARE Reserve
Select, under which reservists and their dependents
may sign up for health insurance through
TRICARE, with employees paying 28% of the
cost, as in the federal civilian health program, if
employers agree to cover the remaining cost, or
100% if employers do not cover part of the cost.

Allows reservists who have been activated and
who reenlist to sign up for insurance through
TRICARE for one year for each 90 days of active
service. Would require them to pay of 28% of the
cost.

Also made permanent a provision in the FY2004
Iraq supplemental that made reservists eligible for
TRICARE medical benefits 90 days before
activation.

Made permanent a provision in the FY2004 Iraq
supplemental that made reservists eligible for
TRICARE medical benefits 90 days before
activation.

Established a commission on roles, missions, and
compensation of the National Guard and Reserves.

Established a commission on roles, missions, and
compensation of the National Guard and Reserves.

Required separate campaign medals for Operation
Enduring Freedom in Afghanistan and Operation
Iraqi Freedom.

Not included in conference report because a
similar provision was enacted earlier.

Made permanent a provision in the FY2004 Iraq
supplemental that made reservists eligible for
TRICARE medical benefits 90 days before
activation.

Required separate campaign medals for Operation
Enduring Freedom in Afghanistan and Operation
Iraqi Freedom.

CRS-10

House Authorization

Senate Authorization

Conference Authorization

Directed the Secretary of Defense to submit
proposed changes in the Uniform Code of Military
Justice regarding sexual assaults. Also extended
the term of a task force on sexual assaults. Added
a floor amendment requiring a uniform policy on
sexual assault.

Directed the Secretary of Defense to establish a
uniform policy on sexual assault.

Directs the Secretary of Defense to establish a
uniform policy on sexual assault and requires
various reports.

Approved a provision to revise eligibility
requirements for award of the Combat Infantry
Badge and Combat Medical Badge to Army
personnel in Korea.

Approved a floor amendment to apply criteria for
awarding the Combat Infantryman Badge and the
Combat Medical Badge to Army personnel in
Korea equivalent to procedures applied elsewhere.

Agreed to the Senate provision.

Adopted a floor amendment to eliminate the
phase-in of concurrent receipt for veterans with a
disability rating of 100% and immediately provide
full benefits.

Agreed to the Senate provision with a technical
amendment.

Adopted a floor amendment expressing the sense
of Congress supporting current policy that there be
no media coverage of the return to the United
States of remains of deceased service members.

Agreed to the Senate provision with a technical
amendment.

Adopted a floor amendment to exempt abortions of
pregnancies due to rape or incest from the
prohibition against using DOD funds for abortions.

Not included in conference agreement.

Adopted a floor amendment to transfer
administration of the Energy Employees
Occupational Illness Compensation Program from
the Department of Energy to the Department of
Labor.

Agreed to the Senate provision with an
amendment.

CRS-11

House Authorization

Senate Authorization

Conference Authorization

Major Weapons Programs (note that final funding for major weapons programs is determined in defense appropriations)
Approved $10.2 billion, approximately the amount
requested, for missile defense programs, though
the committee trimmed funds for kinetic
interceptor development and added funds for
ground-based mid-course defense and for
additional Patriot PAC-3 missiles.

Approves $9.9 billion for missile defense
programs, generally in line with the appropriations.
Reduced funds for kinetic energy interceptor
development

Adopted a floor amendment to require the
Secretary of Defense to prescribe and apply
criteria for operationally realistic testing of
fieldable prototypes developed under the ballistic
missile defense program.

Agreed to the Senate provision.

Required the Air Force to enter into a multi-year
contract to acquire Boeing KC-767A tanker
aircraft. Also required that a new contract be
negotiated after June 1, 2004, and that an
independent panel review the contract terms.

Approved a floor amendment requiring the Air
Force to comply with all applicable acquisition
laws and regulations before entering into a contract
for refueling aircraft.

Repeals a provision in the FY2004 authorization
permitting leases of KC-767 tankers and adopts a
provision permitting multiyear procurement of
refueling aircraft.

Approved the requested shift of funds from
Comanche helicopter development to other Army
aviation and related programs.

Approved the requested shift of funds from
Comanche helicopter development to other Army
aviation and related programs.

Approves the requested shift of funds from
Comanche helicopter development to other Army
aviation and related programs.

Added $118 million to procure 35 UH-60 Army
helicopters, rather than the 27 requested.

Did not add funds for UH-60s.

Did not add funds for UH-60s.

Approved the requested $905 million for Stryker
medium armored vehicle procurement.

Approved the requested $905 million for Stryker
medium armored vehicle procurement.

Approves the requested $905 million for Stryker
medium armored vehicle procurement.

Cut $245 million from the $3.2 billion requested
for Army Future Combat System development.

Approved the requested $3.2 billion for Army
Future Combat System development.

Cuts $270 million from the $3.2 billion requested
for FCS development

Provided $10.0 billion for missile defense
programs, $177 million below the request, cut
funding for kinetic interceptor development by
$200 million, and added $90 million for additional
Patriot PAC-3 missiles.

CRS-12

House Authorization

Senate Authorization

Conference Authorization

Provided about the requested amounts to procure
three DDG-51 destroyers, one Virginia-class attack
submarine, one LPD-17 amphibious ship, and two
T-AKE auxiliary ships.

Approved requested funds for three DDG-51
destroyers, one Virginia-class submarine, one
LPD-17 amphibious ship, and two T-AKE
auxiliary ships.

Provides about the requested amounts to procure
three DDG-51 destroyers, one Virginia-class attack
submarine, one LPD-17 amphibious ship, and two
T-AKE auxiliary ships.

Added $150 million as an initial increment for
construction of a new LHD(R) amphibious ship.

Added $150 million as the first increment of
funding for procurement of the first of the new
LHA(R)-class of amphibious assault ships.

Adds $150 million as the first increment of
funding for procurement of the first of the new
LHA(R)-class of amphibious assault ships.

Approved funds for continued development of the
DD(X) destroyer but eliminated $221 million to
begin constructing the first ship.

Approved $1.5 billion, as requested, for DD(X)
destroyer development, including $221 million in
the R&D accounts for design and production of the
first ship of the class, and added $99.4 million to
accelerate design of the second ship.

Approves $1.5 billion for DD(X) development,
including $221 million for initial ship construction,
added $84 million for second ship, trimmed $45
million from fleet support R&D.

Approved funds for continued development of the
Littoral Combat Ship (LCS) but eliminated $107
million to begin constructing the first ship.

Approved $1.5 billion, as requested for Littoral
Combat Ship (LCS) development, including $107
million to start production of the first ship.

Approves $350 million for development of the
LCS, including $107 million to begin constructing
the first ship.

Approved $2.9 billion, as requested, for 42
Navy/Marine F/A-18E/F aircraft.

Authorized $2.9 billion, as requested, for 42 F/A18E/F aircraft.

Authorizes $2.9 billion, as requested, for 42 F/A18E/F aircraft.

Approved $4.6 billion, as requested, for F-35 Joint
Strike Fighter development.

Approved $3.6 billion for F-35 Joint Strike fighter
development, adding $15 million for the shorttakeoff variant.

Approves $3.5 billion for F-35 development —
adds $8 million for STOVL, but cut $134 million
from engine development.

Approved $4.2 billion for 24 F/A-22 fighters.

Approved $3.9 billion for 22 F/A-22 fighters, a
reduction of $280 million and 2 aircraft from the
request.

Approves $4.2 billion for 24 F/A-22 fighters, with
small reductions for efficiencies.

Added $100 million to begin development of a
next-generation bomber.

Adds $30 million for bomber development.

CRS-13

House Authorization

Senate Authorization

Conference Authorization

Added $35 million to the $508 million requested
for Space-Based Infrared System-High (SBIRSHigh) development.

Added $35 million to the $508 million requested
for Space-Based Infrared System-High (SBIRSHigh) development.

Adds $35 million to the $508 million requested for
Space-Based Infrared System-High (SBIRS-High)
development.

Cut $100 million from the $775 million requested
for Transformational Communications Satellite
development.

Cut $100 million from the $775 million requested
for Transformational Communications Satellite
development.

Following the appropriations, cuts $300 million
from the $775 million requested for
Transformational Communications Satellite
development.

Provided $328 million, as requested, for SpaceBased Radar development.

Provided $328 million, as requested, for SpaceBased Radar development.

Following the appropriations, provides $75
million, $273 million less than requested, for
Space-Based Radar development.

Added substantial funds for force protection and
related programs, including $705 million for uparmored Humvees, $332 million for add-on armor
for Humvees and trucks, $421 million for body
armor, and $517 million for the Army’s Rapid
Fielding Initiative. Also passed a separate
measure, H.R. 4323, to provide statutory authority
to the Secretary of Defense to procure equipment
needed for combatant commands rapidly by
waiving normal acquisition requirements.

Added substantial amounts for force protection and
related measures, including $925 million for uparmored Humvees and add-on armor (the
Administration requested $163 million for 818 uparmored Humvees), $603 million for force
protection gear and combat clothing, and $107
million for the Army Rapid Fielding Initiative
(designed to deploy high priority items rapidly to
the soldiers in the field) and for Army and Marine
individual equipment.

Authorizes $105 million for the Rapid Fielding
Initiative, added $572 million for up-armored
Humvees, added $100 million for bolt-on armor.

Approved a provision that would delay military
base closures until 2007 and that would require the
Defense Department to submit several reports
related to military basing requirements by March
of 2006.

Rejected a floor amendment to delay military base
closures.

Did not include the House provision delaying base
closures, but requires several reports and a vote of
7 of 9 members of the Base Closure Commission
to add facilities to the closure list.

Other Key Actions.

CRS-14

House Authorization

Senate Authorization

Conference Authorization

Approved $409 million, as requested, for the
Cooperative Threat Reduction program that
finances programs to safeguard or eliminate
weapons in the former Soviet Union. Provided a
one year waiver of limits on funding for a
chemical demilitarization plant in Russia about
which there has been a longstanding disagreement
between the House and Senate.

Approved $409 million, as requested, for the
Cooperative Threat Reduction program. Also
allowed the President annually to waive limits on
funding for a chemical demilitarization plant in
Russia.

Approves $409 million, as requested, for the
Cooperative Threat Reduction program. Also
allows the President to waive limits on funding for
a chemical demilitarization plant in Russia for
each calendar year through December 31, 2006.

Approved $1.3 billion, as requested, for
Department of Energy non-proliferation programs.

Approved $1.3 billion, as requested, for
Department of Energy non-proliferation programs.

Approves $1.3 billion, as requested, for
Department of Energy non-proliferation programs.

Approved measures to require that outsourcing of
activities performed by more than 10 employees be
permitted only if certain conditions are met,
including a requirement that costs of health care
and other benefits not disadvantage federal
employees, and another to provide that Defense
Department civilian employees may protest
privatization decisions.

Approved floor amendments similarly limiting
outsourcing and permitting specific representatives
of civilian employees to protest privatization
decisions, but did not address health care and other
benefits.

Agreed to set requirements for outsourcing,
including savings of 10% or $10 million.
Approved the Senate provision regarding bid
protests with clarifications. Did not require that
health and other benefits not disadvantage federal
employees, but required a study of the impact of
health and other benefits. In report language,
noted that the FY2005 defense appropriations bill
limits outsourcing if health and other benefits are a
disadvantage to federal employees.

Approved a measure that would require that
foreign countries receive no more in trade offsets
as a percentage of the value of a contract for
purchasing U.S. military equipment than the
percentage of domestic content required for U.S.purchased military equipment.

Approved a floor amendment to ease “Buy
American” restrictions on defense trade with some
allies.

Rejected the House provision that would limit
purchases and substituted a provision that would
require the Secretary of Defense to develop a
comprehensive acquisition trade policy to ensure
that U.S. firms are not disadvantaged by foreign
offsets.

CRS-15

House Authorization

Senate Authorization

Conference Authorization

Approved one provision that would make it U.S.
policy to restrict U.S. contracts with foreign
companies that transfer technology with potential
military utility to China and another to expand the
number of Chinese firms defined as a “military
company” to which sales are restricted.

Made no similar provisions.

Did not agree to the House provision regarding
foreign firms that trade with China. Agreed to the
House provision defining Chinese firms that are
considered “military companies.”

Adopted an amendment in the committee markup
to prohibit leasing of support ships from foreign
providers for more than one year.

Made no similar provision.

Agreed to no similar provision.

Approved funding as requested for Robust Nuclear
Earth Penetrator R&D and for other research on
new nuclear weapons.

Approved requested funding for the Robust
Nuclear Earth Penetrator and for other nuclear
weapons R&D.

Approved requested funding for the Robust
Nuclear Earth Penetrator and for other nuclear
weapons R&D. But funding remained at issue in
energy and water appropriations bill.

Approved a measure to ease rules regarding
handling of radioactive waste at the Savannah
River nuclear plant in South Carolina and the
Idaho National Laboratory.

Approved the Senate provision.

Increased cap on U.S. military personnel in
Colombia to 500.

Agreed to an Administration request to increase a
legislative cap on U.S. military personnel in
Colombia from 400 to 800 and to increase the cap
on contractors from 400 to 600.

Agreed to the request to increase the cap on
military personnel in Colombia to 800 and on
contractors to 600.

Approved $300 million for the Commanders’
Emergency Response Program (CERP) for smallscale reconstruction projects in Iraq and
Afghanistan.

Authorized $300 million for the CERP, and
authorized the Secretary of Defense, with the
concurrence of the Secretary of State, to use up to
$250 million to train and equip Iraqi and Afghan
security forces.

Authorized up to $300 million for the
Commanders’ Emergency Response Program and
up to $500 million to train and equip Iraqi and
Afghan military and security forces.

CRS-16

House Authorization

Approved a measure requiring the Secretary of
Defense to prescribe policies to prevent the abuse
of detainees and adopted a floor amendment
expressing the sense of Congress concerning the
abuse of detainees in Iraq.

Senate Authorization

Conference Authorization

Adopted a floor amendment to provide Federal
assistance to states and local jurisdictions to
prosecute hate crimes.

Not included in conference agreement.

Adopted a floor amendment increasing penalties
for obscene language in broadcasts.

Not included in conference agreement.

Adopted a floor amendment expressing the sense
of the Senate that Armed Forces Radio and
Television Service programming should be
balanced.

Not included in conference agreement.

Adopted a floor amendment repealing FCC
regulations that loosened ownership restrictions for
television and radio media companies.

Not included in conference agreement.

Approved a floor amendment requiring reports on
detainees; stating policy on U.S. adherence to
international conventions on torture; prohibiting
torture; and requiring the Secretary of Defense to
prescribe regulations to ensure compliance and
report twice a year on investigations of possible
violations.

Approved a measure stating the sense of Congress
with regard to misconduct at Abu Ghraib and the
prohibition on torture; setting out U.S. policy
regarding proper treatment of detainees; requiring
the Secretary of Defense to prescribe policies to
ensure that detainees are treated in a humane
manner; setting out minimum criteria for these
policies; requiring that the Secretary certify that
federal employees and contractor personnel
involved with handling or interrogation of
detainees fulfil annual training requirements; and
containing several reporting requirements.

CRS-17

House Authorization

Senate Authorization

Conference Authorization

Adopted a floor amendment to extend military
extraterritorial jurisdiction to cover personnel and
contractor personnel of any federal agency or
provisional authority supporting the mission of the
Department of Defense overseas

Agreed to the Senate provision.

The House version of the FY2005 energy and
water appropriations bills eliminated funding for
the Robust Nuclear Earth Penetrator and other new
nuclear weapons R&D.

The Senate did not act on its version of the energy
and water appropriations bill.

The conference agreement on the energy and water
appropriations bill, included in the consolidated
appropriations bill, eliminates requested funding
for the Robust Nuclear Earth Penetrator and for
other new nuclear weapons R&D.

The House bill, as reported by the Armed Services
Committee, included a provision, Section 1541,
requiring the Treasury Department, rather than the
Defense Department, to make annual payments to
the military retirement fund for the costs of
providing TRICARE health insurance to over-65
military retirees beginning in FY2006. This is an
effort to free up an additional $11-12 billion for
defense programs by shifting costs to the nondefense side of the budget.

No provision.

Included an amended version of the House
measure, Section 725.

CRS-18

Defense Appropriations Conference Agreement
The conference agreement on the FY2005 defense appropriations bill, approved
in the House and Senate on July 22, 2004, and signed into law on August 5, provides
$25 billion for operations in Iraq and Afghanistan, and resolves a number of major
weapons issues.
Highlights of the defense appropriations conference agreement include

2

!

Funding for operations in Iraq and Afghanistan. Both the Houseand Senate-passed versions of the defense appropriations bill
included $25 billion, as the Administration requested on May 12, to
cover costs of ongoing military operations in Iraq and Afghanistan
through the first few months of FY2005. The main issue in
Congress was how much flexibility to provide the Defense
Department in allocating the funds among budget accounts. The
conference agreement provides $3.8 billion of the money in a
flexible transfer account, called the Iraq Freedom Fund, and the
remainder in regular appropriations accounts. The level of detail in
which the funds are provided is quite narrow, as in the House-passed
appropriations bill, and the Defense Department will have to seek
advance approval from the congressional defense committees to shift
funds to other uses.2 Of the $3.8 billion in the Iraq Freedom Fund,
$1.8 billion is for classified programs, so $2 billion is available for
unforseen expenses.

!

Repeal of FY2004 rescission.
The FY2004 Consolidated
Appropriations Act (P.L. 108-199), enacted last January, rescinded
$1.8 billion of funds in earlier defense appropriations bills. The
conference agreement repeals the rescission. The Congressional
Budget Office scores this as a reappropriation of funds. So the total
of emergency appropriations for the Defense Department in the
FY2005 defense appropriations bill is $26.8 billion, with additional
amounts for other agencies.

!

Emergency funding for non-defense programs. The defense bill
includes emergency funds for a number of other programs, including
$685 million for State Department operations in Iraq,$95 million to
respond to the humanitarian crisis in the Darfur region of Sudan and
Chad, $400 million to fight wild fires in the West, $50 million for
security at the upcoming Democratic and Republican political
conventions, and $26 million to make up a shortfall in Federal
Judiciary defender services.

For an extensive discussion, see CRS Report RL32422, The Administration’s FY2005
Request for $25 Billion for Operations in Iraq and Afghanistan: Precedents, Options, and
Congressional Action, by (name redacted) and (name redacted).

CRS-19
!

Navy DD(X) and LCS ship construction. The Administration
requested $221 million in R&D funding for the DD(X) destroyer
program to begin construction of the first ship of the class and $107
million, also in R&D funds, to begin construction of the first Littoral
Combat Ship (LCS). The House authorization cut money for ship
construction from both programs, though it approved continued
development funding. The Senate authorizers approved the
requested construction funds for both programs and also added $99
million in design funds for the DD(X) to accelerate production of a
second ship. The House Appropriations Committee agreed with the
House authorization in cutting money for DD(X) construction and
added $125 million for advance procurement for an additional DD51 destroyer in place of the DD(X). The House appropriators did
not, however, agree to trim funds for the LCS and instead added
$107 million (for a total of $214 million) to fully fund construction
of the first ship. Like the Senate authorization, the Senate
Appropriations Committee approved the requested construction
funds for both programs and added $99 million for the DD(X),
though it shifted the $221 million requested for DD(X) construction
from R&D to the procurement accounts. The appropriations
conference agreement provides $221 million for DD(X)
construction, but in procurement rather than in R&D. The
agreement also provides $214 million to fully fund construction of
the first LCS in the R&D accounts. So the House authorization cuts
did not prevail in final congressional action on appropriations.

!

F/A-22 fighter. The Senate Armed Services Committee trimmed the
request from 24 to 22 aircraft, saving $280 million. The House
authorization and the House and Senate appropriations bills,
however, all supported the full 24 aircraft, $4.2 billion procurement
request. The appropriations conference agreement trims $30 million
from the request for assumed efficiencies, but supports the full 24
aircraft request.

!

Army Future Combat System (FCS). The House authorization
trimmed $245 million from the FCS program and imposed a
requirement that the Army more fully justify the program. The
Senate provided the full $3.2 billion requested. The House
Appropriations Committee cut $324 million and eliminated funds
for the non-line of sight launch system (NLOS-LS), while providing
full funding for the non-line of sight cannon (NLOS-C). The Senate
appropriations bill provided the full $3.2 billion requested and the
committee report specifically approved funding for NLOS-LS. The
appropriations conference agreement trimmed $268 million from the
program, but included $58.2 million for NLOS-LS.

!

Space programs. The House appropriators shifted $91 million from
the Evolved Expendable Launch Vehicle (EELV) program to the
Space-Based Infrared System-High (SBIRS-High) program, as the
Air Force requested. Senate appropriators, however, cut $100

CRS-20
million from the EELV due to delays but did not add anything to
SBIRS-High. The appropriations conference agreement cuts $100
million from the EELV and adds $91 million to SBIRS-High. The
House appropriators cut $100 million from the $775 million
requested for the Transformational Communications Satellite
program, following the House authorization, while the Senate
appropriators cut $400 million. The appropriations conference
agreement cuts $300 million, which will require the Air Force to
substantially restructure the program. The House appropriators
essentially terminated Space-Based Radar development, leaving $75
million for a more basic technology development effort, while the
Senate appropriators cut $100 million from the $327 million
requested. The appropriations conference agreement agrees with the
House, effectively terminating the current Space-Based Radar
program.

CRS-21

Table 3. Side by Side Comparison of Key Provisions: Defense Appropriations

House Appropriations

Senate Appropriations

Conference Appropriations

Provided funding for a military pay raise of 3.5%
and for housing allowances and other benefits as
approved in the House authorization.

Provided funding for a military pay raise of 3.5%
and for housing allowances and other benefits as
approved in the Senate authorization.

Provided funding for a military pay raise of 3.5%
and for housing allowances and other benefits.

Within the $25 billion for Iraq and Afghanistan,
included funds for Army and Marine Corps endstrength increases as approved in the House
authorization.

Within the $25 billion for Iraq and Afghanistan,
included funds for an increase in Army endstrength of 20,000 as approved in the Senate
authorization.

Provides funds for added end-strength within the
$25 billion provided for Iraq and Afghanistan.

Cut $499.7 million from military personnel
accounts to reflect perennial underexecution of
military personnel programs in prior years, as
reported by the General Accounting Office.

Cut $375 million from military personnel accounts
to reflect perennial underexecution of military
personnel programs in prior years, as reported by
the General Accounting Office.

Cuts $528 million from military personnel
accounts to reflect unobligated balances of prior
year funds.

Cut $94 million from military personnel accounts
to reflect the planned end of U.S. operations in
Bosnia in December 2004.

Cut $94 million from military personnel accounts
to reflect the planned end of U.S. operations in
Bosnia in December 2004.

Military Personnel End-Strength, Pay, and Benefits

Major Weapons Programs
Added $2.2 billion to “recapitalize” Army and
Marine Corps ground forces, including $950
million, doubling the amount requested, to procure
Stryker armored personnel carrier, $350 million
for other armored combat vehicles, $503 million
for helicopters, $390 million for trucks and other
support vehicles, and $52 million for the
ammunition production base.

Adds $1.5 billion for Army recapitalization,
including $625 million for Strykers, $313 million
for other Army and Marine Corps armored
vehicles and related equipment, $333 million for
Army trucks, and $51 million for the ammunition
production base.

CRS-22

House Appropriations

Senate Appropriations

Conference Appropriations

In Iraq/Afghanistan emergency funds provided
$674 million for up-armored Humvees, $198
million for bolt-on armor, $297 million for the
Army Rapid Fielding Initiative, and $59 million
for aircraft hardening equipment.

In Iraq/Afghanistan emergency funds, provided
$865 million, for an Army “Rapid Response Force
Protection Initiative” for up-armored Humvees,
bolt on armor, armored cabs, or other related
purposes. Also provided $240 million for Marine
Corps vehicle hardening.

In Iraq/Afghanistan emergency funds, provided
$572 million for up-armored Humvees, $100
million for the Rapid Response Force Protection
Initiative, $65 million for the Rapid Fielding
Initiative, and $15 million to counter improvised
explosive devices.

Provided $9.7 billion for missile defense, $458
million below the request, and rescinded $31.5
million due to termination of a joint satellite
program with Russia (called RAMOS) and $74.7
million due to restructuring of the Airborne Laser
program.

Provided $10.2 billion, about the amount
requested, for missile defense programs. Added
$80 million for the Israeli Arrow program. Agreed
to terminate the U.S.-Russian RAMOS program,
but allocated $5 million for a follow-on program.
Added $163.5 million for Ground-Based
Midcourse Defense. Cut $252 million, about half
the amount requested, from kinetic energy
interceptor program.

Provided $10.0 billion for missile defense, cut
$163 million from the kinetic energy interceptor,
cut an unallocated $180 million, added $246
million for mid-course defense.

Cut the Army’s request for $3.2 billion for Future
Combat System development by $324 million, $79
million more than the House authorization, of
which$76 million was from the non-line of sight
launch system (NLOS-LS), terminating the project.

Provided the full $3.2 billion requested for Army
Future Combat System development. The
committee specifically approved continued
funding for the non-line of sight launch system
(NLOS-LS).

Cut $250 million from the FCS request as
excessive overhead, provides $58 million for
NLOS-LS.

Provided $76 million to fully fund construction of
a Theater Support Vessel in Army R&D accounts.

Approved the $65 million requested for TSV
R&D.

Approved the $65 million requested for TSV
R&D, rejecting the House addition.

Agreed with the House authorization in trimming
$248 million from the DD(X) R&D program,
including $221 million to begin constructing the
first ship.

Approved $221 million for construction of the first
DD(X) destroyer, but moved the money from R&D
to procurement, and added $99 million for design
of the second ship of the class, following the
Senate authorization.

Approved $221 million for construction of the first
DD(X) destroyer, but moved the money from R&D
to procurement, and added $84 million for design
of the second ship.

CRS-23

House Appropriations

Senate Appropriations

Conference Appropriations

In place of DD(X) construction, the committee
added $125 million in advance procurement for
one additional DDG-51 destroyer to be fully
funded in the FY2006 or FY2007 budgets.

Approved $3.4 billion for 3 ships, as requested, but
did not provide additional advance procurement
funds for future ship construction.

Approves $3.4 billion for 3 ships, as requested,
added $50 million for upgrades, but did not
provide additional advance procurement funds for
ship construction.

Did not agree with the House authorization cut of
$107 million for construction of the first Littoral
Combat Ship and, instead, added $107 million to
fully fund building the first ship, cut $50 million
for design of the second ship of the class.

Provided $107 million in R&D, as requested, for
construction of the first prototype Littoral Combat
Ship, but did not add funds, as the House did, to
fully fund construction.

Adds $107 million to fully fund construction of the
first ship, trimmed $2 million from second ship
design.

Eliminated $44 million requested for R&D on the
LHA(R) amphibious ship program and provided no
funds for procurement, rejecting the addition of
$150 million for LHA(R) advance procurement
recommended in the House and Senate
authorization bills.

Added $175 million for LHD(R) advance
procurement — the House committee provided no
funds, while both authorization bills approved
$150 million.

Adds $150 million for LHA(R).

Supported procurement of 24 F/A-22 fighters, as
requested.

Supported procurement of 24 F/A-22 fighters, as
requested — did not follow Senate authorization in
cutting 2 aircraft.

Supports procurement of 24 F/A-22 fighters, as
requested.

Provided $4.4 billion for F-35 Joint Strike Fighter
R&D funding, a reduction of $240 million to
reflect delays. Also prohibited obligation of $1.4
billion of the funds until DOD reports to Congress
on plans to adjust the program following an
independent review.

Provided full funding, as requested, for Navy and
Air Force development of the F-35 Joint Strike
Fighter — did not concur with House cuts due to
delays.

Cut $240 million due to delays. Requires a report
on the program by December 15, 2004.

CRS-24

House Appropriations

Senate Appropriations

Conference Appropriations

Provided $100 million in a “Tanker Replacement
Transfer Fund” available to acquire KC-767 tanker
aircraft whenever the status of the program
warrants acquisition.

Provided $110 million for tanker aircraft
replacement, but did not specify whether the funds
were for KC-767s, in effect leaving the issue for
authorizers to decide.

Provides $100 million for tanker replacement, but
leaves other issues for authorization.

Objected to the Air Force failure to fully fund
purchases C-17 and C-130 aircraft and shifted
$159 million from C-17 upgrades to fully fund 15
aircraft, one more than requested.

Added $34 million to C-17 program for
maintenance training, did not address full funding
issue.

Adds $159 million for full funding of 15 aircraft
and $34 million for training.

Added $91 million for the Space Based Infrared
System-High (SBIRS-High) program, more than
the $35 million the House and Senate authorizers
added.

Provided $508 million for development of the
Space-Based Infrared System-High (SBIRS-High),
but did not add $91 million, as the Air Force had
requested and the House agreed.

Adds $91 million for SBIRS-High.

Provided $75 million for the Space Based Radar
program, $253 million below the request,
effectively terminating the program, with the
remaining funds to be used for alternative
technologies and concepts.

Provided $228 million for the Space-Based Radar
program, $100 million below the request, but did
not agree with House cuts that would effectively
terminate the program.

Provides $75 million, a cut of $253 million from
the request, as in the House, effectively
terminating the program.

Cut $100 million from the request for $775 million
for the Transformational Communications
Satellite, following the House and Senate
authorizations.

Provided $375 million for the Transformation
Communications Satellite, $400 million below the
request.

Provides $475 million, a cut $300 million from the
request.

Cut $91 million from the Evolved Expendable
Launch Vehicle (EELV) for transfer to SBIRSHigh, and, in report language, said that two
contractors may not be justified.

Cut $100 million Provided $511 million for the
Evolved Expendable Launch Vehicle, $100 million
below the request due to launch delays.

Cuts $91 million.

CRS-25

House Appropriations

Senate Appropriations

Provided $557 million for development of a
replacement Marine One helicopter, $220 million
below the request.

Provided $557 million for development of a
replacement Marine One helicopter, $220 million
below the request, as in the House.

Added $50 million for new bomber development,
half what the House authorization added.

Conference Appropriations
Cuts $220 million.

Adds $30 million for new bomber development.

Other Key Actions
Added $25 billion for operations in Iraq and
Afghanistan, almost all in regular appropriations
accounts except for $2.978 billion in the Iraq
Freedom Fund, of which $1.978 was only for
classified programs leaving $1 billion as flexible
funding.

Provided $25 billion for operations in Iraq and
Afghanistan, almost in regular appropriations
accounts subject to normal procedures requiring
congressional approval of transfers above certain
thresholds, with $2.5 billion in the flexible Iraq
Freedom Fund.

Provides $25 billion for operations in Iraq and
Afghanistan, most in regular appropriations

In a manager’s amendment in full committee
markup, added $685 million to the emergency
funding for Iraq for State Department operations
and $95 million in emergency funds for famine
relief and refugee assistance in Sudan and Chad.

Approved a floor amendment to provide $95
million for assistance to refugees in Sudan and
Chad.

Adds $685 million for State Department operations
in Iraq, $95 million for assistance to refugees in
Sudan and Chad, $500 million for fire fighting,
$50 million for security at the party conventions,
and $26 million for a federal judiciary shortfall

Added $800 million, close to amounts approved in
prior years, for unrequested, earmarked medical
R&D and related projects, including breast cancer
and prostate cancer research.

Added about $650 million for earmarked medical
R&D and related programs, of which $200 million
for cancer research, including peer-reviewed breast
cancer, prostate cancer, and other cancer research,
was provided in a single block, with the Defense
Department directed to allocate the funds.

Adds about $1 billion for earmarked medical R&D
and related programs, most as in the House bill and
as in the past, earmarked for particular programs.

accounts, with $3.8 billion in the flexible Iraq
Freedom Fund, of which $1.8 billion is for
classified programs, leaving $2 billion for
unforseen expenses.

CRS-26

House Appropriations

Senate Appropriations

Agrees to the House provision.

Approved a measure setting conditions on the
conversion of work involving more than 10
employees to private contractors, including full
competition, that savings exceed the lesser of
10% or $10 million, and that the contractor not
receive an advantage due to health insurance
costs.
Cut operation and maintenance accounts by $415
million to reflect under-obligation of O&M funds
in prior years, by $335 million for assumed
efficiencies in administrative and related activities;
by $86 million to eliminate growth above inflation
in requested funds for base operations support, by
$92 million for overstated civilian pay
requirements, by $177 million to reflect a slower
rate than estimated in converting jobs from
uniformed positions to civilian ones, by $316
million in working capital funds to reflect cash
balances and purchases that will not be necessary,
by $967 million of excess cash balances in the
transportation working capital fund, by $300
million for overstated requirements for outside
contracts, by $100 million for unnecessary
payments to contractors for taxes, and by $55
million for overestimated civilian separation
incentives.

Conference Appropriations

Cut operation and maintenance accounts by $478
million to reflect the planned end of U.S.
operations in Bosnia in December 2004, by $92
million for overstated civilian pay requirements,
by $197 million due to slower rates of converting
military to civilian jobs and fewer civilian buyouts,
and by $347 million for costs of environmental
programs.

Cuts operation and maintenance accounts by
$478 million for operations in Bosnia, by $92
million for overstated civilian pay requirements,
by $156 million for slower military to civilian
conversions, and by $235 million as an unallocated
cut in administration and servicewide activities.

CRS-27

Congressional Committee and Floor Action
House Defense Authorization Markup
The House marked up its version of the defense authorization bill on May 12.
Some highlights of the committee-reported bill include the following.
Military Personnel End-Strength, Pay, and Benefits.
!

Increased statutory end-strength for the Army by 10,000 troops each
year from FY2005 through FY2007 and for the Marine Corps by
3,000 troops each year through FY2007.

!

Approved the requested pay raise of 3.5% for uniformed personnel.

!

Approved a measure to increase annuities for age 62-and-older
survivors of military retirees from 35% of retired pay to 55% in
increments through FY2008.

!

Eliminated a statutory limit on funding for military housing
privatization.

!

Permanently increased the Family Separation Allowance from $100
to $250 per month and increased Imminent Danger Pay from $150
to $225 per month. Also increased hardship duty pay, which may be
provided to troops outside of combat zones, from $300 to $750 per
month.

!

Established a program to replace lost income of reservists mobilized
for extended periods up to $3000 per month.

!

Permanently extended to all hospitalized personnel a provision in the
FY2004 defense appropriations act (P.L. 108-283) that eliminated
a requirement that military personnel pay for meals while
hospitalized for combat-related injuries.

!

Directed the Defense Department to establish a three-year
demonstration program that would permit non-deployed reservists
not eligible for employer-sponsored health benefits to sign up for
health insurance through the military-run TRICARE program.

!

Required separate campaign medals for Operation Enduring
Freedom in Afghanistan and Operation Iraqi Freedom.

!

Directed the Secretary of Defense to submit proposed changes in the
Uniform Code of Military Justice regarding sexual assaults. Also
extended the term of a task force on sexual assaults.

CRS-28
Major Weapons Programs.
!

Provided $10.0 billion for missile defense programs, $177 million
below the request, cut funding for kinetic interceptor development
by $200 million, and added $90 million for additional Patriot PAC-3
missiles.

!

Required the Air Force to enter into a multi-year contract to acquire
Boeing KC-767A tanker aircraft. Also required that a new contract
be negotiated after June 1, 2004, and that an independent panel
review the contract terms.

!

Approved the requested shift of funds from Comanche helicopter
development to other Army aviation and related programs.

!

Approved $2.9 billion, as requested, for 42 F/A-18E/F aircraft.

!

Approved $4.6 billion, as requested, for F-35 Joint Strike Fighter
development.

!

Added $100 million to begin development of a next-generation
bomber.

!

Added $118 million to procure 35 UH-60 Army helicopters, rather
than the 27 requested.

!

Added $150 million as an initial increment for construction of a new
LHD(R) amphibious ship.

!

Provided about the requested amounts to procure three DDG-51
destroyers, one Virginia-class attack submarine, one LPD-17
amphibious ship, and two T-AKE auxiliary ships.

!

Approved funds for continued development of the DD(X) destroyer
and the Littoral Combat Ship (LCS) but eliminated $221 million
from the DD(X) program and $107 million from the LCS budget to
begin constructing the first of each class of ships.

!

Adopted an amendment in the committee markup to prohibit leasing
of support ships from foreign providers for more than one year.

Other Key Actions.
!

Added substantial funds for force protection and related programs,
including $705 million for up-armored Humvees, $332 million for
add-on armor for Humvees and trucks, $421 million for body armor,
and $517 million for the Army’s Rapid Fielding Initiative. Also
passed a separate measure, H.R. 4323, to provide statutory authority
to the Secretary of Defense to procure equipment needed for

CRS-29
combatant commands rapidly by waiving normal acquisition
requirements.
!

Approved a provision that would require the Defense Department to
submit several reports related to military basing requirements by
March of 2006 and only then permit a new round of military base
closures no sooner than 2007.

!

Approved a measure that would require that foreign countries
receive no more in trade offsets as a percentage of the value of a
contract for purchasing U.S. military equipment than the percentage
of domestic content required for U.S.-purchased military equipment.

!

Approved one provision to tighten restrictions on transfer of
technology with potential military utility to China and another to
expand the number of Chinese firms defined as a “military
company” to which sales are restricted.

!

Approved an amendment offered in committee mark-up to
strengthen requirements that Defense Department civilian employees
be allowed to compete for operations that otherwise would be
outsourced.

!

Provided $409 million, as requested, for the Cooperative Threat
Reduction program.

!

Approved funding as requested for Robust Nuclear Earth Penetrator
R&D and for other research on new nuclear weapons.

!

Included a provision requiring the Treasury Department, rather than
the Defense Department, to make annual payments to the military
retirement fund for the costs of providing TRICARE health
insurance to over-65 military retirees beginning in FY2006. This is
an effort to free up an additional $11-12 billion for defense programs
by shifting costs to the non-defense side of the budget.

House Defense Authorization Floor Action
On Tuesday, May 18, the House Rules Committee met to consider proposed
amendments to H.R. 4200 and to decide which to allow for debate on the House
floor. The committee reported a rule (H.Res. 648) on May 19, as debate on the bill
was scheduled to begin. Several leading Democrats, including Representative Martin
Frost, the ranking member of the Rules Committee, Representative Ike Skelton, the
ranking member of the Armed Services Committee, and Representative John Spratt,
the second ranking member of the Armed Services Committee, opposed the rule
because it did not make in order several proposed amendments.

CRS-30
Amendments Not Made in Order.
All of the senior Democrats who opposed the rule complained, in particular, that
the rule did not make in order an amendment proposed by Representative Spratt to
transfer $414.4 million from specified missile defense programs to provide targeted
military pay raises, Marine Corp force protection measures, and improvements to the
Patriot PAC-3 missile defense system. Other amendments not made in order by the
rule included
!

An amendment by Representative Loretta Sanchez to make penalties
for sexual abuse crimes under the Uniform Code of Military Justice
consistent with penalties under the U.S. Code.

!

An amendment by Representative Jane Harman to limit missile
defense funding to the FY2004 level, which is about $1.2 billion
below the FY2005 request, to require operational testing before
missile defense systems are deployed, and to authorize $500 million
for port security;

!

An amendment by Representative John Tierney to require
operational testing before deploying missile defense systems;

!

An amendment by Representative Jim Cooper to authorize $67.7
billion in supplemental appropriations for military operations in Iraq
and Afghanistan; and

!

An amendment by Representative Ed Markey to delete $29.8 million
requested in the Department of Energy for a new facility to produce
plutonium pits for nuclear weapons.

!

An amendment by Representative Jim Matheson
congressional authority for renewed nuclear testing.

!

An amendment by Representative Adam Schiff to add $200 million
to Department of Energy non-proliferation programs.

!

An amendment by Representative Norm Dicks also to require the
Defense Department to follow a formal process in making new rules
for civilian personnel in DOD, to consult unions about the rules, and
to allow congressional review.

!

An amendment by Representatives Jay Inslee and Chris Van Hollen
to provide specified civil service protections for civilian defense
employees.

!

An amendment by Representative Joel Hefley, to provide a right of
appeal and some other protections to groups of as few as 10 federal
employees whose jobs are being studied for privatization.

to require

CRS-31
!

An amendment by Representative Tom Lantos to require federal
agencies to make up lost wages of employees who are military
reservists mobilized for service, and to establish a cost-sharing plan
with state and local governments to eliminate losses for state and
local government employees.

!

An amendment by Representative Jose Serrano to provide health
screening for military personnel exposed to depleted uranium.

Amendments Agreed To.
Of the amendments made in order, selected amendments that the House agreed
to include
!

An amendment by Representative Virgil Goode to allow military
personnel to assist in border protection (231-191);

!

An amendment by Representative Duncan Hunter expressing the
sense of Congress concerning the abuse of persons in custody in Iraq
(416-4);

!

An amendment by Representative Kendrick Meek to require the
Secretary of Defense to identify mission-critical information that
should be transmitted immediately from the field to senior Defense
Department officials and to set up mechanisms to transmit such
information;

!

An amendment by Representative Alcee Hastings that expresses the
sense of Congress that no funds available to any department or
agency of the United States government may be used to provide
assistance for the reconstruction of Iraq unless the President certifies
to Congress that the United States has entered into an agreement
with the Iraqi Governing Council or a transitional government in
Iraq under which Iraq agrees that it will expend a significant portion
of its revenues generated from oil production for reconstruction;

!

An amendment by Representative Curt Weldon expressing the sense
of Congress that the Secretary of Defense should assist the Iraqi
government in destroying the Abu Ghraib prison and replacing it
with a modern detention facility (308-114);

!

An amendment by Representative Ike Skelton on behalf of
Representative Louise Slaughter and others, requiring the Secretary
of Defense to develop a comprehensive policy for the Department of
Defense on the prevention of and response to sexual assaults
involving members of the Armed Forces and requiring DOD to take
related measures to address sexual assaults involving members of
the Armed Forces (410-0);

CRS-32
!

An amendment by Representative Norm Dicks requiring the Air
Force to enter into a contract to acquire KC-767 tanker aircraft by
March 1, 2005 (in Hunter en bloc amendment);

!

An amendment by Representative Alcee Hastings to add $100
million for Department of Energy cleanup (in Hunter en bloc
amendment);

!

An amendment by Representative Donald Manzullo to require the
job creation in the United States be a factor in determining contract
awards (in Hunter en bloc amendment);

!

An amendment by Representative Curt Weldon to give rural
firefighting agencies priority in acquiring excess defense property (in
Hunter en bloc amendment);

!

An amendment by Representative Henry Brown to give state and
local health agencies priority in acquiring excess defense property
(in Hunter en bloc amendment);

!

A second amendment by Representative Henry Brown to require the
Secretary of Defense to consider establishing a joint medical care
facility with the Veteran’s Administration when requesting funds for
health facility construction (in Hunter en bloc amendment);

!

An amendment by Representative Brian Baird requiring the Defense
Department to study and issue a report to Congress on mental health
services available to U.S. military personal deployed to combat
theaters (in Hunter en bloc amendment);

!

An amendment by Representative Zach Wamp making changes to
the Energy Employees Occupational Illness Compensation Program;
and

!

An amendment by Representative Jim Ryun requiring the Secretary
of Defense to initiate senior officer official educational programs
with Taiwan (290-132).

Amendments and Motion to Recommit Rejected.
Of the amendments made in order under the rule, the House rejected
!

An amendment by Representative Susan Davis to repeal the
prohibition on servicewomen and female military dependents
receiving abortions, even when paid for privately, at overseas
military hospitals (202-221);

!

An amendment by Representative Mark Kennedy to delete the
provision in the House committee bill that would delay military base
closures until 2007 (162-259); and

CRS-33
!

An amendment by Representative Ellen Tauscher to reduce funds for
the Robust Nuclear Earth Penetrator nuclear warhead and other new
nuclear weapons R&D by $36.6 million, the total amount requested,
and to transfer the funds to intelligence programs and conventional
weapons to defeat hardened and deeply buried targets (204-214).

The House also rejected by a vote of 202-224 a motion to recommit offered by
Representative Henry Waxman. The motion instructed the Armed Services
Committee to report back a bill including a sense of the Congress statement that the
House should appoint a select committee to investigate the treatment of detainees
held in connection with Operation Iraqi Freedom, Operation Enduring Freedom, or
any other operation related to the Global War on Terrorism.

Senate Defense Authorization Markup
The Senate Armed Services Committee finished marking up its version of the
FY2005 defense authorization bill (S. 4200) on May 6. Some highlights of the
committee-reported version of the bill include
Military Personnel End-Strength, Pay, and Benefits.
!

Gave the Secretary of Defense authority to increase Army active
duty end-strength by up to 30,000 through FY2009. The committee
did not, however, increase permanent statutory end-strength.

!

Approved the requested pay raise of 3.5% for uniformed personnel.

!

Increased the Family Separation Allowance from $100 to $250 per
month and increased Imminent Danger Pay from $150 to $225 per
month. These measures make permanent increases that Congress
approved last year in the FY2003 and FY2004 Iraq supplemental
appropriations bills.

!

Established a two-year demonstration program to allow nondeployed military reservists not eligible for employer-sponsored
heath insurance to sign up for health insurance through the militaryrun TRICARE program.

!

Also established a new health insurance program, called TRICARE
Reserve Select, under which reservists and their dependents may
sign up for health insurance through TRICARE, with employees
paying 28% of the cost, as in the federal civilian health program, if
employers agree to cover the remaining cost, or 100% if employers
do not cover part of the cost.

!

Also made permanent a provision in the FY2004 Iraq supplemental
that temporarily gave reservists earlier eligibility for pre-deployment
medical care.

CRS-34
!

Added $400 million to the request for reserve medical care.

!

Established a commission on the National Guard and Reserves.

!

Required separate campaign medals for Operation Enduring
Freedom in Afghanistan and Operation Iraqi Freedom.

!

Extended to all hospitalized personnel a provision in the FY2004
defense appropriations bill that eliminated a requirement that
military personnel pay for meals while hospitalized for combatrelated injuries.

!

Directed the Secretary of Defense to establish a uniform policy on
sexual assault.

Major Weapons Programs.
!

Approved $10.2 billion, approximately the amount requested, for
missile defense programs, though the committee trimmed funds for
kinetic interceptor development and added funds for ground-based
mid-course defense and for additional Patriot PAC-3 missiles.

!

Added $35 million for cost overruns on the Space Based Infrared
System-High early warning satellite and $35 million for the
Advanced Extremely High Frequency communication satellite.

!

Approved the requested shift of funds from Comanche helicopter
development to other Army aviation and related programs.

!

Approved the requested $905 million for Stryker medium armored
vehicle procurement.

!

Approved the requested $3.2 billion for Army Future Combat
System development.

!

Approved requested funds for three DDG-51 destroyers, one
Virginia-class submarine, one LPD-17 amphibious ship, and two
T-AKE auxiliary ships.

!

Added $150 million as the first increment of funding for
procurement of the first of the new LHA(R)-class of amphibious
assault ships.

!

Approved $1.5 billion, as requested, for DD(X) destroyer
development, including $221 million in the R&D accounts for
design and the start of production of the first ship of the class, and
added $99.4 million to accelerate design of the second ship.

CRS-35
!

Approved $1.5 billion, as requested for Littoral Combat Ship (LCS)
development, including $107 million for design and the start of
production of the first ship of the class.

!

Authorized $2.9 billion for 42 Navy/Marine F/A-18E/F aircraft, as
requested.

!

Approved $3.6 billion for F-35 Joint Strike fighter development,
adding $15 million for the short-takeoff variant.

!

Approved $3.4 billion for 22 F/A-22 fighters, a reduction of $280
million and 2 aircraft from the request.

!

Authorized $708 million, as requested, for the Joint Unmanned
Combat Air vehicles program.

Other Key Actions.
!

Added substantial amounts for force protection and related
measures, including $925 million for up-armored Humvees and
add-on armor (the Administration requested $163 million for 818
up-armored Humvees), $603 million for force protection gear and
combat clothing, and $107 million for the Army Rapid Fielding
Initiative (designed to deploy high priority items rapidly to the
soldiers in the field) and for Army and Marine individual equipment.

!

Provided $11 billion, an increase of $445 million over the request,
for basic and applied research.

!

Approved $409 million, as requested, for the Cooperative Threat
Reduction program that finances programs to safeguard or eliminate
weapons in the former Soviet Union. Also allowed funding for a
chemical demilitarization plant in Russia about which there has been
a longstanding disagreement between the House and Senate.

!

Approved $1.3 billion, as requested, for Department of Energy nonproliferation programs.

!

Approved requested funding for the Robust Nuclear Earth Penetrator
and for other nuclear weapons R&D.

!

Approved a potentially controversial legislative measure regarding
handling of radioactive waste at the Savannah River nuclear plant.

!

Agreed to an Administration request to increase a legislative cap on
U.S. military personnel in Colombia from 400 to 800 and to increase
the cap on contractors from 400 to 600.

CRS-36

Senate Defense Authorization Floor Action
The Senate began floor action on S. 2400 on May 17, when it approved an
amendment by Senator Hutchison to authorized medical and dental care for military
academy cadets and midshipmen. Through the rest of that week, the Senate disposed
of only a few more amendments, in part because members of the Armed Services
Committee were involved in hearings on the Iraq prison abuse scandal. The Senate
resumed debate on June 2. The Senate continued floor debate on the bill the weeks
of June 14 and June 21, picking up its pace, adopting 36 amendments and rejecting
2, with 34 amendments pending as of June 23. On June 22, a cloture motion was
filed with a vote expected on June 24 about whether to cut off debate. Late on June
23, however, the Senate passed the bill by 97 to 0.
Amendments Agreed To.
The Senate cleared a number of technical amendments that were agreed to by
both sides and also agreed to an amendment by Senators John Warner and Ted
Stevens to authorize $25 billion for military operations in Iraq and Afghanistan.
Selected substantive measures agreed to included amendments
!

By Senator Pete Domenici, S.Amdt. 3192, to accelerate nonproliferation measures aimed at removing and safeguarding fissile
materials abroad (May 19, voice vote);

!

By Senator Robert Byrd, S.Amdt. 3212, to increase the authorized
size of the defense acquisition work force by 15% over the next
three years (May 19, voice vote);

!

By Senators Tom Daschle and Lindsey Graham, S.Amdt. 3258, to
allow all non-deployed reservists to receive health insurance for
themselves and their dependents through the military TRICARE
program, with the federal government paying the employer share of
costs (June 2, 70-25);

!

By Senators John Warner, Carl Levin, and Ted Stevens, S.Amdt.
3260, to authorize $25 billion in contingent emergency funds for
operations in Iraq and Afghanistan ( June 2, 95-0);

!

By Senator Ron Wyden, S.Amdt. 3305, to require that federal
employees, rather than contractor personnel, oversee acquisition
contracts (June 14, unanimous consent);

!

By Senator Christopher Dodd, S.Amdt. 3312, to provide
reimbursements for protective, safety, or health equipment
purchased by or on behalf of service members deployed in
connection with Operation Noble Eagle, Operation Enduring
Freedom, or Operation Iraqi Freedom (June 14, 91-0);

!

By Senators Edward Kennedy and Saxby Chambliss, S.Amdt. 3257,
to require public-private competitions and establish other regulations

CRS-37
governing outsourcing of Defense Department functions with more
than 10 civilian employees (June 14, unanimous consent);
!

By Senators Susan Collins and Carl Levin, S.Amdt. 3224, to provide
civilian personnel with bid protest rights in outsourcing competitions
(June 14, unanimous consent);

!

By Senator John Warner Amendment, S.Amdt. 3432, to name the
bill in honor of Ronald W. Reagan (June 14, unanimous consent);

!

By Senator Tom Harkin S.Amdt. 3316, expressing the sense of the
Senate that Armed Forces Radio and Television Service
programming should be balanced (June 14, unanimous consent);

!

By Senator Harry Reid, S.Amdt. 3307, to require that any plan for
compensation to individuals in military prisons in Iraq include
provisions for compensation to former prisoners of war held by the
regime of Saddam Hussein (June 14, unanimous consent);

!

By Senators Gordon Smith and Edward Kennedy, S.Amdt. 3183, to
provide Federal assistance to States and local jurisdictions to
prosecute hate crimes, including crimes against gays (approved June
15, 65-33);

!

By Senator Richard Durbin, S.Amdt. 3386, to affirm that the United
States may not engage in torture or cruel, inhuman, or degrading
treatment or punishment (approved June 16, voice vote);

!

By Senators Jeff Sessions and Charles Schumer, S.Amdt. 3372, to
extend military extraterritorial jurisdiction to cover not only
personnel and contractor personnel of the Department of Defense,
but also personnel and contractor personnel of any federal agency or
provisional authority supporting the mission of the Department of
Defense overseas (approved June 16, unanimous consent);

!

By Senator Patty Murray, S.Amdt. 3427, to facilitate the availability
of child care for the children of members of the Armed Forces on
active duty in connection with Operation Enduring Freedom or
Operation Iraqi Freedom (approved June 17, voice vote);

!

By Senator John Warner, a second degree amendment, S.Amdt.
3453, to require the Secretary of Defense to prescribe and apply
criteria for operationally realistic testing of fieldable prototypes
developed under the ballistic missile defense program — in adopting
the Warner amendment the Senate rejected an to an amendment by
Senator Jack Reed, S.Amdt. 3354, to require the Director of
Operational Test and Evaluation to prescribe and oversee operational
tests (approved, June 17, 55-44);

CRS-38
!

By Senator Jack Reed, S.Amdt. 3352, to increase Army active duty
end-strength for FY2005 by 20,000 to 502,400 (approved June 17,
93-4);

!

By Senator Tom Daschle, S.Amdt. 3202, to provide relief for
mobilized military reservists from certain federal agricultural loan
obligations (approved June 17, unanimous consent);

!

By Senators John Ensign, Lindsey Graham, and Saxby Chambliss,
S.Amdt. 3440, to protect documents relating to the United Nations
Oil for Food program with Iraq and to require a GAO report on the
program (approved June 17, unanimous consent);

!

By Senators Hilary Clinton and James Talent, S.Amdt. 3163, to
improve medical tracking and pre-deployment medical treatment of
reservists (approved June 17, unanimous consent);

!

By Senator Diane Feinstein, S.Amdt. 3172, to state the sense of the
Senate that perchlorate contamination is a health problem (approved
June 17, unanimous consent);

!

By Senator Christopher Bond, S.Amdt. 3245, to require two reports
on operation of the Federal Voting Assistance Program and the
military postal system together with certain actions to improve the
military postal system (approved June 17, unanimous consent);

!

By Senator Ben Campbell, S.Amdt. 3237, to equalize procedures
applied to Army personnel in Korea with procedures applied
elsewhere in awarding the Combat Infantryman Badge and the
Combat Medical Badge (approved June 17, unanimous consent); and

!

By Senator Bill Nelson, S.Amdt. 3279, to require a report on any
relationships between terrorist organizations based in Colombia and
foreign governments and organizations (approved June 17,
unanimous consent);

!

By Senators Durbin, Mikulski, Landrieu, Murray, Dayton, and
Corzine, S.Amdt. 3196, to ensure reservists who are federal
employees will not lose pay if mobilized for active duty (approved
June 18, unanimous consent);

!

By Senator Reid, S.Amdt. 3297 as modified, to eliminate the phasein of concurrent receipt for those veterans with a disability rating of
100% that Congress established last year (approved June 18,
unanimous consent);

!

By Senator Warner, S.Amdt. 3458 as modified, to express sense of
Congress to continue current policy that there be no media coverage
of the return to the United States of remains of deceased service
members (approved June 21, 52 to 38);

CRS-39
!

By Senator Brownback, S.Amdt. 3464, to increase penalties tenfold
for indecent language broadcast on television or radio (approved
June 22, 99-1);3

!

By Senator Dorgan, S.Amdt. 3235, to repeal FCC regulations
published in 2003 that generally loosened ownership restrictions for
television and radio media companies; amendment retains current
39% limit on the size of the national audience that was adopted in
P.L. 108-199 (FY2004 Consolidated Appropriations Act) (approved
June 22);4

!

By Senator Reid (for Hollings), S.Amdt. 3466, to protect children
from violent programming (approved June 22);

!

By Senator Warner (for McCain), S.Amdt. 3461, to allow the
Secretary of Defense to exempt from Buy American restrictions
seven countries who have “declaration of principles” agreements
with the United States regarding reciprocal procurement of defense
items (approved June 22, 54-46);

!

By Senator Levin (for Boxer), S.Amdt. 3367, to exempt abortions of
pregnancies due to rape or incest from the prohibition against using
DOD funds (part of en bloc amendments approved on June 22);

!

By Senator Warner (for McCain), S.Amdt. 3319, to repeal several
reporting requirements on identifying and assessing essential items
in the defense industrial base that were adopted in last year’s defense
authorization act (part of en bloc amendments approved on June 22);

!

By Senator Warner (for McCain), S.Amdt. 3441, to prohibit
acquisition of Air Force tanker refueling aircraft until 60 days after
currently required studies are completed and to require the Secretary
of Defense to certify that acquisition complies with all applicable
laws, Office of Management circulars, and regulations (part of en
bloc amendments approved on June 22);

!

By Senator James Inhofe, S.Amdt. 3198, to increase from $150
million to $250 million the amount of assistance the United States
may provide to Iraqi and Afghan military and security forces (part of
en bloc amendments approved on June 22);

3

For more detail, see CRS Report RL31925, Regulation of Broadcast Indecency:
Background and Legal Analysis by Angie Welborn and (name redacted).

4

For more detail, see CRS Report RL31925, FCC Media Ownership Rules: Issues for
Congress by (name redacted); see also, BNA,
Daily Report for Executives, “Senate Gets
Tough on Media Ownership, Indecency, but Prospects Dim in Conference.”

CRS-40
!

By Senators Clinton, Leahy, and Kennedy, S.Amdt. 3204, to require
a Comptroller General report on closure of Department of Defense
dependent elementary and secondary schools and commissary stores.
(part of en bloc amendments approved on June 22);

!

By Senator Bond, S.Amdt. 3384, as modified, to include certain
former nuclear weapons workers in a group receiving benefits under
the Energy Employees Occupational Illness Compensation Program
and to provide for disposal of excess stocks (agreed to on June 23);

!

By Senator Warner (for McConnell), S.Amdt. 3472, to require a
report on the stabilization of Iraq , including efforts to enlist the
support of other nations (approved by a vote of 71 to 27 on June 23);

!

By Senators Landrieu and Snowe, S.Amdt. 3315 as modified, to
phase in increases in survivor benefits over 3½ years (agreed to on
June 23);

!

By Senator Bingaman, S.Amdt. 3459 as modified, to require reports
on detainment of foreign nationals held by DOD for more than 45
(agreed to on June 23);

!

By Senator Daschle, S.Amdt. 3468 to S.Amdt. 3409, to assure
funding increases for veterans health care sufficient to cover
increases in population and inflation (agreed to on June 23 after a
motion to waive a point of order against S.Amdt. 3409 was rejected
by a vote of 49-49); and

!

By Senator Reid (for Leahy), S.Amdt. 3387, stating that it is U.S.
policy that foreign prisoners be treated according to standards the
United States would regard as legal if applied by an enemy against
American prisoners, that U.S. officials are bound by laws against
torture and abuse, and that cases against prisoners at Guantanamo be
pursued expeditiously and requiring that the Administration provide
various information to Congress, including a schedule for military
commissions at Guantanamo, all International Red Cross reports
regarding treatment of prisoners in current operations, and a report
setting forth all approved interrogation techniques (motion to table
failed June 23, 45-50, and amendment was subsequently agreed to).

Amendments Rejected.
The most high-profile debate in the Senate’s first week of action on the
authorization was about an amendment by Senators Trent Lott, Byron Dorgan, and
others to delay domestic military base closures by two years that the Senate narrowly
rejected. Another major debate concerned a provision in the bill to allow nuclear
waste at the Savannah River nuclear plant in South Carolina to be redefined as lowlevel waste that could be stored indefinitely on site, but the Senate rejected an
amendment by Senator Maria Cantwell to delete provisions backed by the
Department of Energy from the bill. A key debate the week of June 14 was over a

CRS-41
proposal by Senators Edward Kennedy and Diane Feinstein to eliminate funds for the
Robust Nuclear Earth Penetrator nuclear warhead and other new nuclear weapons,
which the Senate also rejected.
Amendments rejected include
!

An amendment by Senators Trent Lott, Byron Dorgan, Olympia
Snowe, Diane Feinstein, Thad Cochran, and Tom Daschle, S.Amdt.
3158, to delay by at least two years the next round of domestic
military base closures, to permit only bases abroad to be closed in
2005, and to provide that Congress must renew authority for base
closures to occur in 2007 by approving a joint resolution to be
considered under expedited procedures (rejected May 18, 47-49).

!

An amendment by Senator Frank Lautenberg and others, S.Amdt.
3151, to strengthen measures designed to prevent U.S.-based
companies from engaging in business with nations found to sponsor
international terrorism (rejected May 19, 49-50);

!

An amendment by Senators John Kyl and John Coryn, S.Amdt.
3191, to raise funds for defense programs by imposing an excise tax
on lawyers fees exceeding $20,000 per hour in tobacco cases
(rejected May 19, 39-62);

!

An amendment by Senator Maria Cantwell, S.Amdt 3261, to
eliminate a provision in the committee version of the bill that would
allow the Department of Energy to reclassify certain waste at the
Savannah River, South Carolina, nuclear weapons production plant
as low-level waste that can be stored indefinitely on-site (not agreed
to June 3, 48-48);

!

An amendment by Senators Edward Kennedy and Diane Feinstein,
S.Amdt. 3263, to prohibit the use of funds for new nuclear weapons
development under the Stockpile Services Advanced Concepts
Initiative or for the Robust Nuclear Earth Penetrator (RNEP)
(rejected June 15, 42-55);

!

By Senator Christopher Dodd, S.Amdt. 3313, to prohibit the use of
contractors to seek intelligence from military detainees and to
establish limitations on the transfer of custody of prisoners of the
Department of Defense (tabled June 16, 54-43);

!

By Senator Patrick Leahy, S.Amdt. 3292, to stiffen penalties against
profiteering and fraud in contracts for military operations support,
post-war relief, or reconstruction (rejected June 16, 46-52);

!

By Senator Barbara Boxer, S.Amdt. 3368, to allow deployment of
the ground-based midcourse defense element of the national ballistic
missile defense system only after the mission-related capabilities of

CRS-42
the system have been confirmed by operationally realistic testing
(rejected June 17, 42-57);
!

!

By Senator Jack Reed, S.Amdt. 3354, to require the Director of
Operational Test and Evaluation to prescribe and oversee operational
tests of ballistic missile defense systems (rejected when the Senate
agreed to the Warner 2nd degree substitute, June 17, 55-44); and
By Senator Joseph Biden, S.Amdt. 3379, to provide funds for the
security and stabilization of Iraq by suspending a portion of the
reduction in the highest income tax rate for individual taxpayers
(rejected June 17, 44-53).

!

By Senator Lautenberg. S.Amdt. 3291, to require that the Secretary
of the Defense develop a protocol to permit media coverage of the
return of remains of service members who die overseas (rejected
June 21, 39 to 54);

!

By Senator Levin, S.Amdt. 3338, re-allocate funds from Groundbased Midcourse interceptors in the missile defense program to
nuclear nonproliferation activities in the Department of Energy’s
Global Threat Reduction Initiative program, and to anti-terrorism/
force protection programs (rejected June 22, 44 to 56);

!

By Senator Dayton, S.Amdt. 3197, to restore current Buy American
restrictions by deleting Sections 842 and 843 in the reported version
of the bill that had allowed the Secretary of Defense to exempt some
21 countries who had memorandums of understanding with the
United States about defense trade (rendered moot June 22 by
passage of the Warner (McCain) S.Amdt. 3461);

!

By Senator Levin (for Kennedy), S.Amdt. 3377, to require reports on
the efforts of the President to stabilize Iraq and relieve the burden on
members of the Armed Forces of the United States deployed in Iraq
and the Persian Gulf region (rejected June 23, 48-50);

!

By Senator Reed, S.Amdt. 3353, to limit the obligation and
expenditure of funds for the Ground-Based Midcourse Defense
program pending the submission of a report on operational test and
evaluation (rejected June 23, 45-53);

!

By Senator Levin (for Byrd), S.Amdt. 3423, to reduce authority
provided in the committee bill for U.S. military personnel in
Colombia from 800 to 500 and for contractor personnel from 600 to
500 (rejected June 23, 40-58);

!

By Senators Leahy and Corzine, S.Amdt. 3485 (to S.Amdt. 3387),
to direct the Attorney General to submit to the Committee on the
Judiciary of the Senate all documents in the possession of the
Department of Justice relating to the treatment and interrogation of

CRS-43
individuals held in the custody of the United States (rejected June
23, 46-50);
!

By Senator Levin (for Corzine), S.Amdt. 3303, to reduce the age for
receipt of military retired pay for nonregular service from 60 to 55
(rejected when a motion to waive a point of order that the measure
violated provisions of the Budget Act by increasing mandatory
spending was not upheld June 23, 49-49); and

!

By Senator Reid (for Daschle), S.Amdt. 3409, to assure that funding
is provided for veterans health care each fiscal year to cover
increases in population and inflation (rejected when a motion to
waive a point of order that the measure violated provisions of the
Budget Act by increasing mandatory spending was not upheld June
23, 49-48).

House Defense Appropriations Markup
The House Appropriations Committee marked up its version of the FY2005
defense authorization bill on June 16 and reported H.R. 4613 on June 18, 2004
(H.Rept. 108-553). Some highlights of the committee-reported version of the bill
include the following.
Iraq and Afghanistan Costs.
!

The committee provided $25 billion to cover part of the costs of
operations and Afghanistan — the committee would make the
money available on enactment of the bill, so some of the funds could
be used to cover costs in FY2004 as well as FY2005. The
committee did not agree to the Administration request to provide all
of the funds in a flexible account that would allow the Secretary of
Defense to transfer money to activities without prior congressional
approval. The committee also required quarterly reports on the use
of the funds.

Military Personnel End-Strength, Pay, and Benefits.
!

Provided funding for a military pay raise of 3.5% and for housing
allowances and other benefits as approved in the House
authorization.

!

Within the $25 billion for Iraq and Afghanistan, included funds for
Army and Marine Corps end-strength increases as approved in the
House authorization.

!

Cut $499.7 million from military personnel accounts to reflect
perennial underexecution of military personnel programs in prior
years, as reported by the General Accounting Office.

CRS-44
Major Weapons Programs.
!

Added $2.2 billion for what the committee describes as an initiative
to “recapitalize” Army and Marine Corps ground forces. The
increases included $950 million, doubling the amount requested, to
procure Stryker armored personnel carriers and associated
equipment sufficient to stand-up an additional Stryker brigade, $350
million for other armored combat vehicles, $503 million for
helicopters, $390 million for trucks and other support vehicles, and
$52 million for the ammunition production base.

!

Provided $9.7 billion for missile defense, $458 million below the
request. The committee indicated overall support for the program,
but said that the remaining funds provide a sufficient increase over
last year’s program. The committee also rescinded $31.5 million
due to termination of a joint satellite program with Russia (called
RAMOS) and $74.7 million due to restructuring of the Airborne
Laser program.

!

Cut the Army’s request for $3.2 billion for Future Combat System
development by $324 million, $79 million more than the House
authorization. Most of the reduction was in what the committee
described as management overhead, but the committee also cut $76
million from the non-line of sight launch system (NLOS-LS),
terminating the project. The committee continued full funding for
the non-line of sight cannon (NLOS-C) program, however.

!

Provided $165 million, $76 million more than requested, to fully
fund construction of a Theater Support Vessel in Army R&D
accounts.

!

Agreed with the House authorization in trimming $248 million from
the DD(X) R&D program, including funds to begin constructing the
first ship.

!

In place of DD(X) construction, the committee added $125 million
in advance procurement for one additional DDG-51 destroyer to be
fully funded in the FY2006 or FY2007 budgets.

!

Did not agree with the House authorization cut of $107 million for
construction of the first Littoral Combat Ship. Instead, the
committee added $107 million to the program to fully fund the cost
of building the first ship, though it cut $50 million for design of the
second ship of the class, saying it was redundant.

!

Eliminated $44 million requested for R&D on the LHA(R)
amphibious ship program and provided no funds for procurement,
rejecting the addition of $150 million for LHA(R) advance
procurement recommended in the House and Senate authorization
bills.

CRS-45
!

Supported procurement of 24 F/A-22 fighters, as requested.

!

Provided $4.4 billion for F-35 Joint Strike Fighter R&D funding, a
reduction of $240 million to reflect delays that are anticipated in
view of problems in controlling aircraft weight. Also prohibited
obligation of $1.4 billion of the funds until DOD reports to Congress
on plans to adjust the program following an independent review.

!

Objected strongly to provisions in multi-year procurement contracts
the Air Force negotiated to purchase C-17 and C-130 aircraft, saying
that they violate rules requiring full funding of the total cost of
useable end-items of equipment.5
The committee revised
requirements in the annual appropriations bill governing multi-year
procurement and shifted $159 million from C-17 upgrades to fully
fund 15 aircraft, one more than requested.

!

Provided $100 million in a “Tanker Replacement Transfer Fund”
available to acquire KC-767 tanker aircraft whenever the status of
the program warrants acquisition.

!

Added $91 million for the Space Based Infrared System-High
(SBIRS-High) program, more than the $35 million the House and
Senate authorizers added. Agreed, with minor variations, to cuts the
authorizers made in the Transformational Communications Satellite
and the Evolved Expendable Launch Vehicle (EELV). In report
language, the committee said that two contractors for the EELV may
not be justified.

!

Provided $75 million for the Space Based Radar program, $253
million below the request, effectively terminating the program, with
the remaining funds to be used for alternative technologies and
concepts.

!

Added $50 million for new bomber development, half what the
House authorization added.

Other Key Actions.
!

5

Added $900 million, close to amounts approved in prior years, for
unrequested, earmarked medical R&D projects, including breast
cancer and prostate cancer research.

For an extensive discussion of recent debates over “full funding” versus “incremental
funding, with historical background on the full funding requirement, see CRS Report
RL31404, Defense Procurement: Full Funding Policy — Background, Issues, and Options
for Congress, by Ronald O’Rourke and (name redacted).

CRS-46
!

Added $500 million in operation and maintenance accounts to
redress shortfalls identified by the military services in short-term,
readiness-related areas.

!

Cut operation and maintenance accounts by $415 million to reflect
under-obligation of O&M funds in prior years, by $335 million for
assumed efficiencies in administrative and related activities; by $86
million to eliminate growth above inflation in requested funds for
base operations support, by $92 million for overstated civilian pay
r

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/crs%3ARL32305. Public record. Not legal advice.
