26–470 

109TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 109–388 

MAKING EMERGENCY SUPPLEMENTAL APPROPRIATIONS 

FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2006, 

AND FOR OTHER PURPOSES 

MARCH 13, 2006.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. LEWIS of California, from the Committee on Appropriations, 

submitted the following 

R E P O R T 

together with 

ADDITIONAL VIEWS 

[To accompany H.R. 4939] 

The Committee on Appropriations submits the following report in 

explanation of the accompanying bill making emergency supplemental appropriations for the fiscal year ending September 30, 

2006, and for other purposes. 

BILL SUMMARY 

The bill recommended by the Committee includes 

$91,832,491,000 in emergency supplemental appropriations for fiscal year 2006, as detailed below. The recommendation is 

$388,094,000 below the President’s supplemental request. 


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TITLE I—GLOBAL WAR ON TERROR SUPPLEMENTAL 

APPROPRIATIONS 

CHAPTER 1 

DEPARTMENT OF AGRICULTURE 

FOREIGN AGRICULTURAL SERVICE

PUBLIC LAW 480 TITLE II GRANTS

The Committee provides $350,000,000, to remain available until 

expended, for Public Law 480 Title II grants. 

CHAPTER 2 

DEPARTMENT OF DEFENSE—MILITARY 

OVERVIEW

The request for supplemental appropriations for the Department 

of Defense is intended for ongoing military and intelligence operations in support of Operation Iraqi Freedom (OIF), Operation Enduring Freedom (OEF), and the larger Global War on Terror 

(GWOT). The Committee recommendations in this chapter are intended to address emergency, high-priority needs of the United 

States military and intelligence community in prosecuting the war 

against terror. In some cases, the Committee has reduced or eliminated funding for certain activities that are either not emergency 

in nature; cannot be obligated and/or executed in a timely fashion; 

or which involve new policy and program decisions that should be 

addressed in the regular authorization and appropriations bills for 

fiscal year 2007. 

The Committee has also identified a number of needs that were 

not adequately addressed in the budget request, and responded accordingly. Major initiatives recommended by the Committee include: 

—an increase of $434,000,000 to help reset the Army force; 

funding for this purpose in Operation and Maintenance, Army 

totals $1,207,000,000; 

—an increase of $100,000,000 to help reset the Marine Corps 

force; funding for this purpose in Operation and Maintenance, 

Marine Corps totals $190,800,000; 

—in order to enhance the recapitalization of the Army, an increase of $850,000,000 to ensure that Army tracked combat vehicles such as Abrams tanks and Bradley fighting vehicles are 

upgraded for our troops in the field and in the Army National 

Guard; 

—in order to enhance the recapitalization of the Marine 

Corps, an increase of $360,000,000 in equipment for the Corps, 

based on its highest unfunded priorities; and 

—an increase of $273,680,000 in aircraft for the Air Force, 

including 8 additional Predators, electronic countermeasures to 

protect C–17 aircraft, and funding to ensure the continuation 

of the C–17 production line. 

In addition to providing increased levels of funding for new and 

refurbished equipment, and for enhanced force protection, the ComVerDate Aug 31 2005 04:59 Mar 14, 2006 Jkt 026470 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 E:\HR\OC\HR388.XXX HR388

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mittee recommendation fully funds the budget request of 

$1,957,786,000 to procure and develop equipment to defeat Improvised Explosive Devices (IEDs). 

Within the military personnel accounts, the Committee recommendation fully funds the request of each service, including full 

funding for SGLI and death gratuity benefits, and provides additional funds for the Navy and the Army Reserve in order to meet 

identified shortfalls in resources. 

Overall, the Committee recommendation remains within the total 

funding level requested by the President, but restructures the request to maximize support to our men and women in uniform. It 

meets important force protection, equipment, and personnel needs 

while fully funding the operational requirements to conduct the 

Global War on Terror. 

COMMITTEE RECOMMENDATIONS

In title I, chapter 2, the Committee recommends total new appropriations of $67,557,241,000. Funding by category is as follows: 

Military Personnel ................................................................................. $9,933,381,000 

Operation and Maintenance ................................................................. 36,964,299,000 

Procurement ........................................................................................... 17,679,451,000 

Research, Development, Test and Evaluation ..................................... 1,002,053,000 

Revolving and Management Funds ...................................................... 502,700,000 

Other Department of Defense Programs ............................................. 1,316,482,000 

Related Agencies .................................................................................... 158,875,000 

Transfer Authority ................................................................................. [2,000,000,000] 

CLASSIFIED ANNEX

The Committee’s recommendations for intelligence activities are 

published in a separate and detailed classified annex. The intelligence community, Department of Defense, and other organizations are expected to fully comply with the recommendations and 

directions in the classified annex accompanying this bill. 

The following table summarizes, by appropriations account or 

general provision, the Committee’s recommendations compared to 

the President’s request. 


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REPORTING REQUIREMENTS

The Committee directs the Secretary of Defense to provide a report to the congressional defense committees within 30 days of enactment of this legislation on the allocation of the funds within the 

accounts listed in this chapter. The Secretary shall submit updated 

reports 30 days after the end of each fiscal quarter until funds listed in this chapter are no longer available for obligation. The Committee directs that these reports shall include: a detailed accounting of obligations and expenditures of appropriations provided in 

this chapter by program and subactivity group for the continuation 

of the war in Iraq and Afghanistan; and a listing of equipment procured using funds provided in this chapter. The Committee expects 

that in order to meet unanticipated requirements, the Department 

of Defense may need to transfer funds within these appropriation 

accounts for purposes other than those specified in this report. The 

Committee directs the Department of Defense to follow normal 

prior approval reprogramming procedures should it be necessary to 

transfer funding between different appropriations accounts in this 

chapter. 

Additionally, the Committee directs that the reporting requirements of section 9010 of Public Law 109–148, the Department of 

Defense Appropriations Act, 2006, regarding military operations 

and stability in Iraq shall apply to the funds appropriated in this 

Act. 

TROOPS SUPPORTED

The Committee recommended funding level supports the following average numbers of troops deployed to support Operation 

Enduring Freedom (OEF) and Operation Iraqi Freedom (OIF) 

through fiscal year 2006: 

Army Navy Marine Corps Air Force Total Force 

OEF ........................................................................ 15,500 413 1,825 20,357 38,095 

OIF ......................................................................... 131,900 19,500 25,648 12,730 189,778 

Total ...................................................................... 147,400 19,913 27,473 33,087 227,873 

Note: Totals include all forces deployed in theater, not only in Iraq and Afghanistan. 

NATIONAL GUARD AND RESERVE

The budget requested a total of $222,070,000 for military personnel, $278,700,000 for operation and maintenance, and 

$2,285,287,000 for procurement for Army National Guard and Reserve forces. In addition, the budget requested a total of 

$123,879,000 for military personnel and $341,147,000 for the operation and maintenance accounts of the other military services. 

The Committee is aware that the validated requirements for the 

Army National Guard and the Army Reserve for their contribution 

to Operation Iraqi Freedom and Operation Enduring Freedom exceed the amount requested and has provided an additional 

$320,000,000 as follows to meet these requirements: 

Reserve Personnel, Army ...................................................................... $40,000,000 

Operation and Maintenance, Army ...................................................... $130,000,000 

Procurement of WTCV, Army ............................................................... $150,000,000 

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tention programs. In addition, the Committee recommends an increase of $130,000,000 in Operation and Maintenance, Army and 

$100,000,000 in Procurement of Weapons and Tracked Combat Vehicles, Army for the Abrams Tank Integrated Management (AIM) 

program to support fielding of National Guard Brigade Combat 

teams. The Committee has also provided an additional $50,000,000 

for 42 Bradley ODS vehicles to complete two Army National Guard 

Brigade Combat teams. 

The Committee directs that not less than $3,571,083,000 of the 

funds included in this bill shall be provided for the National Guard 

and Reserve forces to prosecute the Global War on Terror. 

ARMY COMBAT BRIGADES

The Department of Defense’s fiscal year 2007 budget submission 

proposes to establish a total of 70 active Army and National Guard 

combat brigades, a reduction of 7 brigades from the level assumed 

under previous plans. Most of the change would occur in the Army 

National Guard’s force structure plans; the Guard would field 28 

combat brigades instead of 34 proposed previously. Even though 

further review may ultimately lead to the conclusion that 70 combat brigades is sufficient to implement the Army’s force generation 

program, the Committee is concerned about reports of a lack of consultation with National Guard leaders about the proposed changes 

in the Army Guard combat force structure. As such, the Committee 

directs the National Guard Bureau to provide to the congressional 

defense committees a report detailing: the effects of the reduction 

in Army Guard combat brigades on its ability to participate in future combat operations; the effect this reduction in combat brigades 

will have on the Guard’s ability to generate forces under the 

Army’s force generation model; the effect of the change in the number and type of brigades on its ability to respond to homeland security missions; the effect of the proposal to restructure and increase 

the number of Guard units designated as combat support and combat service support brigades; and, the decision process used to develop the current proposal. This report should be submitted not 

later than May 1, 2006. 

MILITARY PERSONNEL 

The Committee recommends a total of $9,933,381,000, an increase of $340,000,000 above the President’s request, for the incremental costs of pay and allowances of the active duty and Reserve 

personnel deployed overseas, retained on active duty to support 

military operations in Iraq and Afghanistan, or participating in or 

supporting the Global War on Terror. These include Imminent 

Danger Pay, Family Separation Allowance, Hardship Duty Pay, 

Basic Allowance for Housing, Foreign Language Proficiency Pay, 

Subsistence, and other military personnel requirements. In addition, funds are included for casualty benefits associated with the 

death or traumatic injury of service members. 

The following table provides details of the recommendations for 

the military personnel accounts: 


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OPERATION AND MAINTENANCE 

The Committee recommends $36,964,299,000 for operation and 

maintenance accounts, a reduction of $1,771,400,000 below the 

President’s request. Funds are provided for personnel support requirements including travel, subsistence, individual and organizational and equipment, reserve component activation costs, and incremental civilian personnel costs. Increases for operating support 

costs include funds for military operations including spare parts 

and consumable supplies, transportation, pre-deployment training 

and training in theater, forward base operating costs, communications, vehicle maintenance, and contracts for linguists, logistics and 

infrastructure support. In addition, funds are provided within the 

operation and maintenance accounts to address fuel price increases. 

The following table provides details of the recommendations for 

the operation and maintenance accounts: 


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LONG-TERM EQUIPMENT REPAIR COSTS

The Department of Defense requested approximately 

$8,000,000,000 for repairing and replacing equipment used in Iraq 

and Afghanistan under the programs known as Army and Marine 

Corps ‘‘reset’’. The Committee recommends a total of 

$8,900,000,000 for these programs. 

The Committee is concerned that the Department has failed to 

provide the Congress with a comprehensive reset plan to serve as 

context for its recommendations. Reports indicate that the Army 

and Marine Corps equipment repair and reconstitution costs associated with the Global War on Terror will amount to multiple billions of dollars over the next several years. So that these costs may 

be adequately reviewed in the future, the Committee directs the 

Office of the Secretary of Defense to provide the congressional defense committees with detailed equipment reset cost estimates for 

the Army and Marine Corps. This report should itemize funding allocated to reset programs from previous appropriations and estimate future costs anticipated over the next three years. The Committee directs that this report be submitted not later than May 1, 

2006. 

LIFT AND SUSTAIN

Within the Operation and Maintenance, Army account, the Committee has reduced funding for Lift and Sustain by $104,000,000 

due to the fact that these funds are intended for support of Iraq 

security forces. Funding for this activity should be provided from 

the Iraq Security Forces Fund. 

OPERATION AND MAINTENANCE, DEFENSE-WIDE

The Committee recommends $3,259,929,000 for Operation and 

Maintenance, Defense-Wide programs. Included in this recommendation is $1,200,000,000 to reimburse Pakistan, Jordan, and 

other key cooperating nations for logistical and military-related 

support provided, or to be provided, to U.S. military operations in 

connection with the Global War on Terror. This recommendation is 

$300,000,000 below the request since these funds are not needed 

until fiscal year 2007. 

IRAQ FREEDOM FUND

The Committee recommends no appropriation for the Iraq Freedom Fund due to an inadequate justification of the need for these 

funds. 

AFGHANISTAN AND IRAQ SECURITY FORCES FUNDS

The Committee recommendation fully funds the President’s request to train and equip the new security forces of Afghanistan 

($1,851,833,000) and Iraq ($3,007,000,000). The Committee agrees 

the training and equipping of indigenous security forces will facilitate self-governance and help lead to a drawdown in U.S. troops. 

However, the Committee has deferred consideration of infrastructure funding for the police in Afghanistan (¥$346,000,000) and 

Iraq (¥$696,000,000) pending submission of more complete justification materials. 


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The Committee recommendation provides the requests in both 

funds for military infrastructure. However, in order to ensure maximum oversight of these funds, the Committee directs that none of 

the funds recommended in these accounts be obligated for military 

infrastructure until 15 days after the Secretary of Defense submits 

a financial plan to the congressional defense committees that includes the following: 

1. a detailed, project-by-project description of the infrastructure that would be partly or completely funded through these 

accounts, and associated cost estimates; 

2. a justification of the military and/or security requirements 

for each project; 

3. a description of the life cycle costs for these projects, and 

an explanation of the expected funding sources to cover these 

costs; 

4. a description of the plans of the Afghan and Iraqi governments to provide their own resources to build infrastructure for 

their respective militaries, and the funding commitments that 

have been made by those governments; 

5. an explanation of the contracting and/or grant procedures 

that will be used for the military infrastructure programs, including a description of the financial controls that will be put 

into place in connection with these funds; and 

6. a description of the security needs associated with these 

projects, including how those needs will be met, the funding required for security, the anticipated source of these funds, and 

the impact (if any) of the possible requirement to provide such 

security on the operations of the military coalitions in Afghanistan and Iraq. 

Following submission of the initial report, the Committee directs 

the Secretary of Defense to provide updated reports to the congressional defense committees each fiscal quarter on the progress being 

made to implement the financial plan, as well as any changes in 

projects or timing based on the original projections. This report 

should also provide the status of obligations and expenditures for 

the military infrastructure programs of each fund. 

The Committee supports efforts to establish robust, wellequipped security forces in Iraq and Afghanistan that are capable 

of independent action. The recommendation to require reporting 

and oversight will assist in that regard, and is intended to 

strengthen the management of these programs and ensure their 

success. In that regard, the Committee has also recommended an 

additional $5,000,000 for the Inspector General in order to facilitate his oversight activities in the region. 

COMMANDER’S EMERGENCY RESPONSE PROGRAM

The Committee recommendation provides up to $423,000,000 in 

authority for the Commander’s Emergency Response Program 

(CERP) and includes language as requested by the President. 

While the Committee reiterates its support for this war-fighting 

tool, it is concerned that the scale and scope of this program has 

grown beyond that originally intended by the Congress. When initiated, the program was designed to address urgent, small-scale relief and reconstruction projects for the benefit of the people of Iraq 

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dicate a gradual shift from its fundamental mission. The Committee understands, and supports, the guidance from both the 

Commanding General, Multi-National Force—Iraq (CG MNF–I) 

and the Under Secretary of Defense (Comptroller) requiring priorapproval and reporting requirements based on funding thresholds 

for individual projects. The Committee directs the Department of 

Defense to include in its quarterly reports to the Congress a separate heading that consolidates and separately identifies those 

projects that required and subsequently received approval from the 

CG MNF–I and notification to the Comptroller. In addition, the report should include a justification of how these projects meet requirements as prescribed in the current CERP guidance that has 

been issued by the Force Commander. 

PROCUREMENT 

The Committee recommends a total of $17,679,451,000, an increase of $1,282,192,000 to the request, for various procurement 

appropriations. 

The following table provides details of the recommendations for 

these accounts: 


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ITEMS NOT SUPPORTED

The Committee has recommended reductions in funding for a 

number of items requested for procurement based on an assessment that they did not meet an emergency requirement, or could 

not be procured and fielded in a timely manner. These funds have 

been reallocated to meet more urgent requirements. 

M1 ABRAMS

The supplemental budget request included only $3,000,000 for 

conversion of M1A1 tanks to M1A1 Abrams Integrated Management (AIM) configuration. The M1A1 AIM program rebuilds the 

tanks to ‘‘like new’’ status with improved survivability, lethality 

and situational awareness. The M1A1 AIM tanks are fielded primarily to Army National Guard brigades. The supplemental request included no funding for M1A2 System Enhancement Package 

(SEP), and no funding for the Tank Urban Survival Kit (TUSK). 

The Committee is aware the Army has continuing requirements to 

convert early model Abrams tanks to the M1A2 SEP configuration; 

to continue the fielding of M1A1 AIM tanks to the Army National 

Guard; and to field Tank Urban Survival Kits (TUSK) for tanks operating in Iraq. The M1A2 tank provides an enhanced Gunner’s 

and Commander’s Independent Thermal Viewer (CITV) incorporating 2nd Generation Forward Looking Infrared (FLIR), an embedded computer with Force XXI Battle Command Brigade and 

Below (FBCB2), and integrated global positioning system. TUSK is 

a field installed kit that adds reactive side armor, a Common Remote Operated Weapon Station (CROWS), a situational awareness 

camera, a loader’s gun shield, a loader’s thermal weapon sight, and 

an infantry phone. Without additional funding, the Army faces a 

potential 8 month break in M1A2 SEP production. The Committee 

is aware of the continuing heavy usage of tanks in Iraq and supports the uninterrupted production of M1A2 SEP tanks, M1A1 AIM 

tanks, and the fielding of TUSK for operations in Iraq. Accordingly, 

the Committee recommends additional funding of $300,000,000 for 

M1A2 SEP, $230,000,000 for M1A1 AIM, and $100,000,000 for 

TUSK. 

HIGH MOBILITY MULTI-PURPOSE WHEELED VEHICLES (HMMWV)

The supplemental budget request includes two lines in Other 

Procurement, Army, for High Mobility Multi-Purpose Wheeled Vehicles (HMMWV). The first is $410,000,000 to procure 3,156 new 

up-armored HMMWVs for active component units as well as to procure various Air Force and Marine Corps Expanded Utility Trucks; 

and 42 HMMWVs for the Army Material Command Logistical Support Elements. The second request is $931,900,000 for the 

HMMWV Recapitalization Program (RECAP) which repairs older 

model HMMWVs to ‘‘like new’’ status. The Committee supports the 

procurement of new, up-armored HMMWVs, but does not agree 

with the level of effort in the HMMWV RECAP as the repaired vehicles are not Level I armored and are not of immediate use in 

combat operations in Afghanistan or Iraq. The Committee recommendation reallocates $480,000,000 from the HMMWV RECAP 

program to the procurement of new up-armored HMMWVs for a 

total of $890,000,000. The amount remaining in the HMMWV 


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RECAP line is $451,900,000 and supports production of 750 vehicles per month. 

PRE-FABRICATED RE-LOCATABLE BUILDINGS

The supplemental budget request includes $135,000,000 to purchase pre-fabricated, re-locatable buildings to support Army requirements for Echelon Above Brigade (EAB) combat and combat 

service support facilities; combat aviation brigade facilities; living 

quarters; unit operations; and maintenance facilities, at various locations. The buildings are not directly related to the Global War on 

Terror. The Committee recognizes the requirement, but questions 

the inclusion of these items in this supplemental funding request. 

Accordingly, the Committee recommends no funding for pre-fabricated, re-locatable buildings. The Committee has reapplied the 

funding to more urgent needs. 

AV–8 SERIES MODIFICATIONS

The Committee defers funding to accelerate support equipment 

related to installation of the Open Systems Core Avionics Requirement (OSCAR) system (¥$6,800,000) and the day attack upgrade 

(¥$15,500,000) for the AV–8 aircraft. Neither of these efforts appears to be urgently needed in Operation Iraqi Freedom or Operations Enduring Freedom, and neither would provide equipment to 

the field within two and a half years. The Committee believes these 

efforts can be funded in the regular appropriations cycle and not 

as part of an urgent supplemental appropriations bill. 

WAR CONSUMABLES

The Committee defers funding for the procurement of 196 external fuel tanks for F/A–18 aircraft, a reduction of $16,100,000 from 

the budget request. The Committee has received no evidence that 

these are urgently needed to support current operations. Consequently, the Committee believes these items would be more appropriately considered as part of the regular appropriations process. 

KC–130J AIRCRAFT

The recommendation includes $126,600,000 to procure two KC–

130J aircraft for Marine Corps GWOT operations, and an additional $8,500,000 under ‘‘Spares and Repair Parts’’ for associated 

spares. These aircraft are needed to replace battle losses. 

NAVY RIVERINE FORCE

The Committee recommendation defers the $69,901,000 requested in Navy procurement accounts for establishment of a new 

riverine capability. This program is under the administrative control of the Naval Expeditionary Combat Command (NECC). Planning efforts for the program were only initiated last summer, and 

the NECC was only established in January 2006. The Committee 

understands that funds for the first riverine squadron will be the 

subject of a fiscal year 2006 above threshold reprogramming. This 

squadron would replace existing Marine Corps capability currently 

deployed in Operation Iraqi Freedom. Funds requested in this supplemental would finance the second and third squadrons. 


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The Committee intends to review this new capability carefully 

over the coming months. While endorsed by the recent Quadrennial 

Defense Review, the concept of operations is still under development, and equipment requirements, including force protection 

equipment, have not been specified or validated. The Committee 

defers these funds without prejudice, and will work with the Navy 

and the Congressional authorization committees in the coming 

months to validate the mission and funding requirements for the 

program. Specific budget lines affected by this recommendation are 

as follows: 

Appn Line Name Reduction 

OPN ....... 19 Chemical Warfare Detectors ............................................................................................. $2,200,000 

OPN ....... 24 Standard Boats ................................................................................................................. 28,850,000 

OPN ....... 53 NAVSTAR GPS Receivers .................................................................................................... 150,000 

OPN ....... 77 Communications Items Under $5 million ......................................................................... 1,800,000 

OPN ....... 123 Construction and Maintenance Equipment ...................................................................... 1,860,000 

OPN ....... 125 Tactical Vehicles ............................................................................................................... 15,200,000 

OPN ....... 128 Civil Engineering Support Items Under $5 Million ........................................................... 4,700,000 

OPN ....... 130 Material Handling Equipment ........................................................................................... 760,000 

OPN ....... 146 Spares and Repair Parts .................................................................................................. 730,000 

Subtotal, 

OPN.

.......... ............................................................................................................................................ 56,250,000 

WPN ....... 26 Small Arms and Weapons ................................................................................................. 5,101,000 

PANMC .. 14 Small Arms & Landing Party Ammo ................................................................................. 7,740,000 

Total Reduction.

.......... ............................................................................................................................................ 69,091,000 

C–17 AIRCRAFT PROCUREMENT

The fiscal year 2007 budget request proposes no advance procurement for C–17 aircraft in 2008, effectively ending production 

with 180 aircraft at the end of the current multiyear program. The 

Committee is concerned that the effects of combat operations and 

a high operational tempo on the C–17 fleet are greater than previously recognized, and that replacements may ultimately be needed. In addition, the Committee is aware the Department of Defense 

is reviewing further requirements for C–17 aircraft beyond the 

planned inventory of 180. Due to the importance of these airlift aircraft in the Global War on Terror, and to ensure consideration of 

all available options, the Committee recommends an additional 

$100,000,000 in Aircraft Procurement, Air Force to support advance procurement of fiscal year 2008 C–17 aircraft. 

MQ–1 PREDATOR INITIAL EQUIPMENT—AIR FORCE SPECIAL

OPERATIONS COMMAND

The Committee recommends $76,680,000 to procure eight MQ–1 

Predator aircraft, two ground control stations, one dual launch and 

recovery ground control station, initial spares, and required 

deployable spares. This recommendation helps fill an urgent operational requirement for additional Predators in Iraq and Afghanistan. 


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BATTLE CONTROL SYSTEM—MOBILE

The Committee recommends $24,000,000 to meet a CENTAF 

Warfighter Urgent Capability Need for procurement of Battle Control System—Mobile, to replace obsolescing Control and Reporting 

Center capabilities in Iraq. Battle Control System—Mobile is a low 

density/high demand Command and Control capability that provides the Combined Air Operations Center the theater air track 

data required to maintain real-time situational awareness of air activity in the Area of Operations. 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION 

The Committee recommends a total of $1,002,053,000, an increase of $219,980,000 to the request, for various research, development, test and evaluation appropriations. 

The following table provides details of the recommendations for 

these accounts: 


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DEVELOPMENT OF EXPEDITIONARY ASSAULT BRIDGE

The supplemental request proposes $5,000,000 for development 

of a U.S. Marine Corps Expeditionary Assault Bridge (EAB) to replace the Armored Vehicle Launched Bridge (AVLB). The Committee believes that this developmental effort does not comprise an 

urgent or emergency requirement in the Global War on Terror and 

that such requirements should be addressed in an annual appropriations request. 

TECHNICAL CORRECTION

In House Report 109–359, the Conference Report to accompany 

H.R. 2863 (The Department of Defense Appropriations Act, 2006), 

in the RDT&E, Defense-Wide account, the second entry under line 

202—Industrial Preparedness should read ‘‘Complex Optics and 

Nanometer Scale Precision Surfaces’’ instead of ‘‘Surfaces’’. 

JOINT STRIKE FIGHTER F136 ALTERNATE ENGINE DEVELOPMENT

The President’s fiscal year 2007 budget request includes no funding for the continued development of the F136 engine as an alternate engine source for the Joint Strike Fighter program. The Department of Defense Appropriations Act, 2006, included approximately $236,000,000 for F136 development. The Committee directs 

that the Department of Defense and the Air Force continue the 

execution of these funds as appropriated until Congress has thoroughly reviewed this matter. 

REVOLVING AND MANAGEMENT FUNDS 

DEFENSE WORKING CAPITAL FUNDS

The Committee recommends a total of $502,700,000 for Defense 

Working Capital Funds. These funds are necessary to cover replenishment and augmentation of Army war inventories, unforeseen 

fuel price increases, fuel delivery costs associated with Defense Logistics Agency activities, and operations at the theater consolidation shipping point in Kuwait. The following table provides details 

of the recommended use for these funds: 

[In thousands of dollars] Recommendation 

War Reserve Stocks—Army ............................................................................ $43,100 

Prepositioned Stocks—Army (APS–5) ............................................................ 39,000 

Spares Augmentation—Army ......................................................................... 251,000 

Increased Fuel Costs (Defense Working Capital Funds) .............................. 37,600 

Defense Logistics Agency (DLA) Fuel Distribution—Iraq ............................ 107,000 

Theater Distribution Center Kuwait (DLA) .................................................. 25,000 

Total, Defense Working Capital Funds ................................................... 502,700 

OTHER DEPARTMENT OF DEFENSE PROGRAMS 

DEFENSE HEALTH PROGRAM

The Committee recommends $1,153,562,000, as requested, for 

medical costs related to providing health care for activated reservists and their families, allowing military hospitals to contract for 

civilian medical staff to backfill deployed active duty medical staff, 

providing mental health services and medical treatment of mental 


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health conditions, and for other medical-related costs for the global 

war on terrorism. 

DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE

The Committee recommends a total of $156,800,000 for drug 

interdiction and counter-drug activities. 

OFFICE OF THE INSPECTOR GENERAL

The Committee recommends a total of $6,120,000, an increase of 

$5,000,000 above the request, for the Office of the Inspector General. The additional funding will enable the Inspector General to 

enhance its audits and reviews of funding provided in this and 

prior year appropriations for the Global War on Terror, including 

audits and reviews of funds provided for the Iraq Security Forces 

Fund and the Afghanistan Security Forces Fund. Funding provided 

for the Inspector General also supports a new office in Qatar, 

which will enhance the Inspector General’s ability to conduct audits and reviews in the region. 

RELATED AGENCIES 

INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

The supplemental request includes $178,875,000 for the Intelligence Community Management Account. The Committee recommends $158,875,000, a reduction of $20,000,000 from the request. Details on this adjustment are provided in the classified 

annex accompanying this report. 

GENERAL PROVISIONS—THIS CHAPTER 

Title I, chapter 2 of the Committee bill contains six general provisions. A description of the recommended general provisions follows: 

Section 1201 provides for transfer between appropriations of up to $2,000,000,000 of funds in title I, chapter 2, and provides that 

transfer authority in this section is in addition to any other transfer authority available to the Department of Defense, and is subject 

to the same terms and conditions as provided in section 8005 of the 

Department of Defense Appropriations Act, 2006. The Committee 

has denied a request to amend the limitation on transfer authority 

contained in the Department of Defense Appropriations Act, 2006, 

due to an inadequate justification of the need for this additional 

authority. 

Section 1202 provides that funds made available in ‘‘Drug Interdiction and Counter-Drug Activities, Defense’’ be available for assistance to the counter-narcotics forces of Afghanistan and Pakistan. 

Section 1203 provides that working capital funds of the Department of Defense may increase the limitation on advance billing up 

to $1,500,000,000. 

Section 1204 provides for an increase in the amount of funds that 

may be used for the Commander’s Emergency Response Program 

(CERP). 

Section 1205 allows the Department to use ‘‘Afghanistan Security 

Forces Funds’’ and ‘‘Iraq Security Forces Funds’’ for supervision 


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and administration costs of construction projects which will be completed after fiscal year 2006. 

Section 1206 prohibits the initiation of new start programs without prior congressional approval. 

CHAPTER 3 

BILATERAL ECONOMIC ASSISTANCE

FUNDS APPROPRIATED TO THE PRESIDENT

UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

CHILD SURVIVAL AND HEALTH PROGRAMS FUND

The Committee recommends $5,300,000 for the Child Survival 

and Health Programs Fund, as proposed in the supplemental request. These funds are to reimburse funds that were reprogrammed to accommodate urgent earthquake reconstruction activities in Pakistan. 

DEVELOPMENT ASSISTANCE

The Committee recommends $10,500,000 for Development Assistance, as proposed in the supplemental request. These funds are to 

reimburse development assistance funds that were reprogrammed 

to accommodate urgent earthquake reconstruction activities in 

Pakistan. 

INTERNATIONAL DISASTER AND FAMINE ASSISTANCE

The Committee recommends $136,290,000 for International Disaster and Famine Assistance, as proposed in the supplemental request. The Committee recommendation includes $70,000,000 to reimburse funds that were reprogrammed to accommodate urgent 

earthquake reconstruction activities in Pakistan. The Committee 

recommendation also includes $66,290,000 to meet humanitarian 

needs in the Darfur region of Sudan. 

The Committee does not recommend language as proposed in 

supplemental request to transfer $80,000 to Operating Expenses of 

the United States Agency for International Development. 

OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR

INTERNATIONAL DEVELOPMENT

The Committee recommends $61,600,000 for Operating Expenses 

of the United States Agency for International Development. These 

funds are to cover additional security and other operational expenses in Iraq during fiscal year 2006. In lieu of new budget authority for fiscal year 2007 as proposed in the supplemental request 

for Iraq and to ensure that there is no interruption of critical security protection services, the Committee directs that $58,000,000 in 

unobligated balances of the Iraq Relief and Reconstruction Fund be 

allocated to cover the costs of USAID security procurements 

planned in fiscal year 2007. 

The Committee recommendation does not include $16,000,000 for 

fiscal year 2007 requirements in Afghanistan as proposed in the 

supplemental request. This request shall be considered in the context of regular fiscal year 2007 appropriations. 


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The Committee recommendation does not include additional 

funding requested for USAID operations in Sudan. The Committee 

provided in the regular fiscal year 2006 appropriation $6,000,000 

above the budget request for USAID operations in Sudan. The Administration has not adequately justified this request for an additional $6,000,000 as an emergency, and the Committee will consider it in the context of the regular fiscal year 2007 appropriation. 

OTHER BILATERAL ECONOMIC ASSISTANCE

ECONOMIC SUPPORT FUND

The Committee recommends a total of $1,584,500,000 for the 

Economic Support Fund (ESF). 

AFGHANISTAN

The Committee recommendation includes $5,000,000 for installation and initial operation of the Northwest Kabul Power Plant turbine generator. This appropriation fulfills an unanticipated requirement due to the failure of this important diesel fueled generator. The Committee recommendation, however, defers $38,000,000 requested for other activities in Afghanistan, including $11,000,000 

for the subsidy cost of 100 percent debt reduction for Afghanistan, 

and $28,000,000 for components of the Northeast Transmission system. The Committee notes that prior to the obligation of 

$205,000,000 from the $430,000,000 appropriated in ESF for assistance to Afghanistan, the Secretary of State is required to submit 

a certification to the House and Senate Committees on Appropriations that the Government of Afghanistan at both the national and 

local levels is cooperating fully with United States funded poppy 

eradication and interdiction efforts in Afghanistan. To date, the 

Secretary has not submitted the required certification, leaving 

$205,000,000 unobligated. The Committee does not believe it prudent to appropriate additional funds for requirements in Afghanistan until the Department of State, at the very least, demonstrates 

that previously appropriated funds will be obligated. Should the 

Administration certify that the Government of Afghanistan is cooperating fully with the United States interdiction efforts, the 

Committee will reconsider the supplemental request. 

The Committee strongly urges the Department of State and the 

U.S. Agency for International Development to honor and meet the 

program allocations in House report 109–265 as well as those detailed in the Administration’s fiscal year 2006 budget request and 

justification materials, particularly with respect to assistance for 

health, education and women’s programs. Any reprogramming of 

funds from Development Assistance, Child Survival and Health 

and Economic Support Funds accounts that reduces assistance 

from health and education programs or support for women and 

girls shall be subject to the prior notification of the House and Senate Committees on Appropriations. 

IRAN

The Committee recommendation does not include funding as requested under this heading for Iran. Funding for democracy activities for Iran is provided in this Act under the heading ‘‘Democracy 

Fund.’’


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IRAQ

The Committee recommendation includes an appropriation of $1,489,000,000 for programs within Iraq. These funds are augmented with $185,500,000 in funds transferred from the Iraq Relief 

and Reconstruction Fund (IRRF) for a total of $1,674,500,000. This 

funding arrangement will return support for Iraq’s emerging democracy to a more traditional foreign assistance structure and will 

not impede the implementation or completion of ongoing or planned 

projects and activities. 

Funds provided for Iraq are to be allocated as follows: 

Provincial Reconstruction Teams/Provincial Reconstruction 

Development Councils ........................................................................... $622,000,000 

New budget authority .................................................................... (490,000,000) 

By transfer from the IRRF ............................................................ (132,000,000) 

Employment generation ........................................................................ 175,000,000 

New budget authority .................................................................... (165,000,000) 

By transfer from the IRRF ............................................................ (10,000,000) 

Local business development .................................................................. 30,000,000 

New budget authority .................................................................... (20,000,000) 

By transfer from the IRRF ............................................................ (10,000,000) 

Infrastructure security (new budget authority) .................................. 287,000,000 

Infrastructure sustainment (new budget authority) ........................... 355,000,000 

Ministry capacity development ............................................................. 150,000,000 

New budget authority .................................................................... (125,000,000) 

By transfer from the IRRF ............................................................ (25,000,000) 

Democracy programs ............................................................................. 18,500,000 

New budget authority .................................................................... (10,000,000) 

By transfer from the IRRF ............................................................ (8,500,000) 

Regimes Crimes Liaison Office (new budget authority) ..................... 37,000,000 

Total, Iraq .................................................................................... 1,674,500,000 

Provincial reconstruction teams (PRTs)/provincial reconstruction 

development councils (PRDCs).—A total of $622,000,000 is recommended for PRTs/PRDCs in fiscal year 2006, of which 

$490,000,000 is new budget authority and $132,000,000 is to be 

transferred from the Iraq Relief and Reconstruction Fund (IRRF). 

The Committee, however, remains concerned about the scope and 

nature of the PRT/PRDC initiative. There is little formal doctrine, 

military or civilian, on PRTs/PRDCs or their function, and only limited—and mixed—experience on the concept from Afghanistan. 

Therefore, it will be critical for the chief of mission to provide detailed guidance on their functions in Iraq. A key element of this 

guidance should be that senior U.S. government employees within 

the PRTs set overall reconstruction direction and priorities. Moreover, it should be clear that PRTs—under the guidance of the chief 

of mission—are the agent for the management, auditing and coordination of all U.S. government reconstruction funds available in the 

region, including civilian agency funds and military reconstruction 

funds such as the Commanders’ Emergency Response Program and 

the Commanders’ Humanitarian Relief and Reconstruction Program. 

The primary goal of the PRTs in Iraq, as in Afghanistan, is to 

extend the role of, and improve the capacity of the Iraqi government. Support for PRDCs and other Iraqi federal structures should 

be managed through the PRTs. Given the work successfully completed thus far through USAID’s Civilian Action Program (CAP) to 

build community-based democracy, PRTs should carefully coordinate the remaining elements of the CAP program with PRDC funding, in order to build effective linkages between community governVerDate Aug 31 2005 04:59 Mar 14, 2006 Jkt 026470 PO 00000 Frm 00033 Fmt 6659 Sfmt 6602 E:\HR\OC\HR388.XXX HR388

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ance and provincial governance. The CAP program has generated 

a network of more than 1,300 community associations across 17 

governorates in Iraq and has trained 17,281 community association 

members. A January 2005 audit by the Office of Inspector General 

(USAID) found that CAP ‘‘achieved 98 percent of its intended outputs, including citizen participation, inter-community cooperation, 

local government cooperation, local employment generation, and 

consideration of environmental concerns . . . CAP provides a vehicle for empowering communities, building community cohesion, and 

providing evidence that the US is committed to improving the lives 

of Iraqis.’’ Finally, given the wide interest in PRTs and high expectations 

of this relatively new concept, the chief of mission should ensure 

that a carefully designed monitoring, auditing and evaluation system is in place to measure the impact of PRTs on reconstruction 

and development in Iraq. 

The Committee directs that before any funds contained in or otherwise made available by this Act are expended in support of PRTs/ 

PRDCs in Iraq, the Department of State shall present to the House 

and Senate Committees on Appropriations (1) the formal assessment completed by the U.S. embassy and military command in Iraq 

of the initial performance of the first three demonstration PRT 

projects; (2) a complete program plan, including total cost and staffing requirements of the PRTs/PRDCs program in Iraq; (3) the official implementing guidance that incorporates the recommendations 

cited above in this report; and (4) a plan to transition PRTs/PRDCs 

in Iraq by the end of fiscal year 2007. 

JORDAN

The Committee believes that the Department of State should re- view the fiscal year 2006 appropriation of $250,000,000 in ESF programs for Jordan to determine if it is appropriate to provide a portion of the assistance as budgetary support in lieu of specific 

projects. Such budgetary support has been provided in the past and 

the Committee believes the current situation in Jordan warrants 

this support in fiscal year 2006. 

LIBERIA

The Committee recommendation includes $50,000,000 for ESF 

programs within Liberia. The Committee recommends that $30,000,000 of this amount be 

used for emergency employment activities to strengthen security 

and build roads. A major public works program lasting 18–24 

months that will put Liberians back to work rebuilding infrastructure is a critical first step toward generating employment and supporting reconstruction and development. Viable infrastructure will 

also allow the Government of Liberia to promote economic growth 

and investment. 

The Committee recommends that $10,000,000 of this amount be 

used for activities to establish an electricity grid in Liberia. It is 

crucial that the core of an electricity grid be established in the next 

few months to serve high-priority areas and institutions, and help 

stimulate private business (especially small enterprises that cannot 

afford generators), strengthen security, and to demonstrate that 

the government is capable of providing services to the poor. 


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The Committee recommends that $10,000,000 of this amount be 

used for demobilization and reintegration of ex-combatants in Liberia. The Government of the United States has been a strong supporter of these activities to date, but the process is not yet complete. The new government of Liberia would like to complete this 

process as quickly as possible for all its security forces: military, 

police, immigration, customs, and NSA. The most urgent need is 

$3,900,000 to complete the demobilization process for the police. 

Other funds are needed very quickly to initiate the recruitment 

and training of new police forces, to accelerate the process of training new army recruits, and to reorganize and streamline the architecture of national security from the county to central levels. 

PAKISTAN

The Committee recommendation includes $40,500,000 for ESF 

programs within Pakistan only to reimburse funds that were reprogrammed to accommodate urgent earthquake reconstruction activities. 

The Committee understands that the United States pledged a 

total of $510,000,000 in earthquake relief and reconstruction. To 

meet the initial requirements of the pledge for reconstruction activities, the Department of State determined it would restructure 

the 2006 ESF program by decrementing amounts appropriated for 

specific programs, projects, and activities to accommodate a portion 

of the pledge. The Committee wholly rejects the Department’s determination that it can use funds appropriated for one purpose to 

meet the requirements of an alternative purpose without seeking 

approval of Congress when the requirements for the alternative 

purpose have not been approved by Congress. 

The Committee recommendation of $40,500,000 shall only be 

used to reimburse specific ESF programs and return these programs, projects and activities to the fiscal year 2006 appropriated 

levels. 

DEPARTMENT OF STATE

DEMOCRACY FUND

The Committee recommends $10,000,000 in the Democracy Fund 

for the promotion of democracy, governance, human rights, independent media, and the rule of law in Iran, as proposed in the supplemental request under the heading ‘‘Economic Support Fund’’. 

The Committee is disappointed in the Department of State’s failure 

to provide adequate and timely justification of the emergency nature of these funds. The Committee directs that, prior to obligation 

or expenditure of these funds, the Secretary of State shall submit 

a report to the House and Senate Committees on Appropriations 

that identifies the short and long term strategy for impacting democracy in Iran, including projected costs and expected results associated with implementing the strategy. No later than December 

1, 2006, the Committee requests the Department submit a report 

on obligations and expenditure of these and prior year funds for democracy programs for Iran. The report should list the contractors, 

grantees and subcontractor/subgrantees, where relevant, including 

amount and length of contract or grant. The Department may subVerDate Aug 31 2005 04:59 Mar 14, 2006 Jkt 026470 PO 00000 Frm 00035 Fmt 6659 Sfmt 6602 E:\HR\OC\HR388.XXX HR388

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mit a classified annex to the report if necessary to address fully 

these issues. 

INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT

The Committee recommends $107,700,000 for International Narcotics Control and Law Enforcement, as proposed in the supplemental request, of which $7,700,000 shall be available to provide 

for the protection of Iraqi judges and $100,000,000 shall be available for additional prison and detention facilities capacity in Iraq. 

Funds are to remain available until September 30, 2007. 

The Committee notes that the $100,000,000 for prison and detention facilities is to provide space that meets internationally accepted human rights standards to accommodate suspects, convicted 

criminals and insurgents sentenced by the courts. 

MIGRATION AND REFUGEE ASSISTANCE

The Committee recommends $51,200,000 for Migration and Refugee Assistance, as proposed in the supplemental request. These 

funds are provided to meet urgent humanitarian needs related to 

refugee resettlement in Liberia, Afghanistan, and Sudan, and to fill 

breaks in the supply of emergency food assistance to vulnerable 

populations. 

DEPARTMENT OF THE TREASURY 

INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE

The Committee recommends $13,000,000 for International Affairs Technical Assistance, as proposed in the supplemental request, to remain available until September 30, 2007. These funds 

are to continue development of Iraq’s national electronic payments 

system. 

MILITARY ASSISTANCE 

FUNDS APPROPRIATED TO THE PRESIDENT

PEACEKEEPING OPERATIONS

The Committee recommends $123,000,000 for Peacekeeping Operations, as proposed in the supplemental request. The Committee 

recommendation includes $30,000,000 to reimburse funds reprogrammed to sustain the African Union Mission in Sudan (AMIS). 

Since AMIS’ integration, Congress has provided more than 

$190,000,000 to support the work of this vital mission. As circumstances on the ground are still grave, the Committee supports 

the Administration’s plans to shift AMIS to a more robust United 

Nations Force. The Committee supports the transfer of the AMIS 

mission to the United Nations not later than the end of fiscal year 

2006 and includes $70,500,000 to sustain AMIS until that time, as 

well as $8,500,000 for vital security upgrades at AMIS camps. The 

Committee recommendation also includes $14,000,000 to train current AMIS peacekeepers for inclusion into the UN mission. 


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GENERAL PROVISIONS—THIS CHAPTER 

(INCLUDING TRANSFER AND RESCISSION OF FUNDS)

The Committee recommends a provision that makes funds appropriated or made available by transfer in this chapter available notwithstanding section 313 of the Foreign Relations Authorization 

Act, Fiscal Years 1994 and 1995. 

The Committee recommends a transfer of $185,500,000 in unobligated funds in the Iraq Relief and Reconstruction Fund made available in the Emergency Supplemental Appropriations Act for Defense and for the Reconstruction of Iraq and Afghanistan, 2004. 

These funds are to be transferred to and merged with funds contained in this Act under the heading ‘‘Economic Support Fund’’. 

The Committee recommends a rescission of $17,000,000 from 

funds made available for the Coalition Solidarity Initiative under 

the heading ‘‘Peacekeeping Operations’’ in the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, 

and Tsunami Relief, 2005. 

The Committee does not recommend a provision proposed in the 

supplemental request to make foreign assistance funds for Sudan 

in this Act available not withstanding any other provision of law. 

The Committee does not recommend a provision proposed in the 

supplemental request to make adjustments in the sectoral allocations of the Iraq Relief and Reconstruction Fund (IRRF) and to extend the availability of funds for an additionalsa four years from 

the date on which the availability of funds would otherwise have 

expired, if such funds are initially obligated before the expiration 

of the period of availability, except that after initial obligation, any 

subsequent obligation may be made without regard to legislated 

sectoral limitations. In lieu of the provision proposed in the supplemental request, the Committee recommends a provision that extends the availability of funds for an additional year from the date 

on which the availability of funds would otherwise have expired, if 

such funds are initially obligated before the expiration of the period 

of availability. In addition, the provision extends the reporting requirements of section 2207 of Public Law 108–106 for one additional year. 

CHAPTER 4 

DEPARTMENT OF HOMELAND SECURITY 

UNITED STATES COAST GUARD

OPERATING EXPENSES

The Committee recommends an additional $26,692,000 in ‘‘Operating Expenses’’ to provide for the United States Coast Guard’s 

share of the enhanced death gratuity benefit as authorized by section 664 of the National Defense Authorization Act for fiscal year 

2006 (P.L. 109–163) and for upgrades to necessary intelligence systems. 


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CHAPTER 5 

DEPARTMENT OF DEFENSE 

MILITARY CONSTRUCTION 

Use of Supplemental Appropriations for Wartime Military Construction.—The recently submitted 2006 Quadrennial Defense Review (QDR) states that we are in the fifth year of what the Department of Defense (DOD) is now referring to as ‘‘the long war.’’ The 

QDR further asserts that the United States must ‘‘be prepared and 

arranged to successfully defend our Nation and its interests around 

the globe for years to come,’’ though Afghanistan and Iraq will remain ‘‘crucial battlegrounds’’ for an indeterminate period of time. 

Although the QDR further expresses DOD’s intent to move ‘‘from 

dependence on large, permanent overseas garrisons toward expeditionary operations utilizing more austere bases abroad,’’ it has become clear in recent years that these expeditionary operations can 

result in substantial military construction expenditures of a magnitude normally associated with permanent bases. Excluding the 

current request, Congress has already provided well over 

$1,000,000,000 in military construction funds through emergency 

supplemental appropriations for the Central Command 

(CENTCOM) area of responsibility. This total does not include the 

approximately $275,000,000 of operation and maintenance funds 

spent on construction within the same area using special legislative 

authority. Although emergency supplemental appropriations for 

many of these requirements were unavoidable, the Committee believes that military construction for contingency operations in the 

CENTCOM area, as well as other requirements supporting ‘‘the 

long war,’’ can and should be incorporated into the regular authorization and appropriation process, especially as the long-term footprint in the region begins to form. 

Update to CENTCOM Master Plan.—The conference report on 

the Military Construction, Military Quality of Life, and Veterans 

Affairs Appropriations Act, 2006 directed CENTCOM to provide the 

Committees on Appropriations with an update report on the 

CENTCOM master plan for facilities. The Committee has not yet 

received that report. In order to maintain proper oversight of military construction in the CENTCOM area of responsibility, it is vital 

that the Committee be kept up-to-date on the implementation of, 

and any changes to, the master plan. The Committee has therefore 

included provisions under Military Construction, Army and Military Construction, Air Force prohibiting the obligation or expenditure of funds on projects until that report is received. 

Proper Use of Emergency War Appropriations.—The Committee 

believes that funds appropriated for emergency wartime military 

construction requirements in the CENTCOM area of responsibility 

should be used solely for that purpose to the fullest extent possible. 

When funds become available due to scope reductions or cancellations, they should not be reprogrammed for domestic or overseas 

requirements that are not emergency needs directly supporting 

contingency operations. 


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MILITARY CONSTRUCTION, ARMY

The Committee recommends $287,100,000 for Military Construction, Army instead of $413,400,000 as requested by the Administration. The funds are provided as follows: 


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Camp Taqaddum, Iraq.—Air Control Tower. The Committee understands that this project is no longer required. 

Counter IED/Urban Bypass Roads, Iraq.—The Administration requested $167,000,000 for the construction of roads in Iraq to bypass 

urban areas and reduce casualties caused by Improvised Explosive 

Devices (IEDs). While the Committee fully supports efforts to 

counter IEDs by all means available, the plan for constructing such 

roads and data on how these roads would in fact reduce IED 

threats as presented to the Committee remains unclear. Moreover, 

the Committee is concerned that the amount requested is arbitrary 

and based on no specific identified requirement. The Committee 

has therefore reduced the amount to $60,000,000 and included a 

provision prohibiting the expenditure of funds for this purpose 

until CENTCOM delivers a detailed report to the Committees on 

Appropriations fully explaining how urban bypass roads will mitigate the IED threat, and the construction plan for such roads. 

MILITARY CONSTRUCTION, AIR FORCE

The Committee recommends $35,600,000 for Military Construction, Air Force instead of $36,100,000 as requested by the Administration. The funds are provided as follows: 


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MILITARY CONSTRUCTION, DEFENSE-WIDE

The Committee recommends no funds for Military Construction, 

Defense-wide. The Administration requested $35,200,000 to correct 

power supply problems at the National Security Agency station at 

Menwith Hill, United Kingdom. While the Committee understands 

the need for additional power capacity at Menwith Hill, the requirements at this station have been known for some time and 

should have been incorporated into the regular military construction authorization and appropriation process. The information provided to the Committee did not justify emergency consideration of 

this request at this time. 

GENERAL PROVISION—THIS CHAPTER 

The Committee recommendation includes a general provision to 

expand the use of funds previously appropriated for Medical Services in Public Law 109–148. This change will allow the use of 

$122,000,000, previously restricted for expenses related to the consequences of hurricanes in the Gulf region, to be used for unanticipated medical care for personnel returning from the conflicts in 

Iraq and Afghanistan. The supplemental request had proposed extending the availability of these funds so they could be used for activation costs associated with a new hospital in New Orleans in fiscal year 2010. 

The Committee does not recommend inclusion of two general provisions requested by the Administration to increase the authorized 

amounts for two National Security Agency projects. The Committee 

believes that these provisions do not merit emergency consideration 

and should be subject to the regular military construction authorization process. 

CHAPTER 6 

DEPARTMENT OF JUSTICE 

LEGAL ACTIVITIES

SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

The recommendation includes $3,000,000 for the United States 

Attorneys for necessary costs associated with national security investigations and prosecutions. 

FEDERAL BUREAU OF INVESTIGATION

SALARIES AND EXPENSES

The recommendation includes $99,000,000 for the Federal Bureau of Investigation (FBI) for operations in Iraq and Afghanistan 

and for enhanced counterterrorism activities. The recommendation 

includes language providing that funding shall not be available for 

obligation for an information technology program without a certification from the Deputy Attorney General and the Department’s investment review board that the information technology program 

has appropriate program management and contractor oversight 

mechanisms in place, and that the program is compatible with the 


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enterprise architecture of the Department of Justice and the Federal Bureau of Investigation. 

DRUG ENFORCEMENT ADMINISTRATION

SALARIES AND EXPENSES

The recommendation includes $5,000,000 to improve the Drug 

Enforcement Administration’s ability to exchange information with 

other Federal intelligence and law enforcement agencies, particularly in the areas of drug enforcement and national security intelligence. 

BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES

SALARIES AND EXPENSES

The recommendation provides $4,100,000 for the Bureau of Alcohol, Tobacco, Firearms and Explosives for necessary costs of the operations in Iraq including firearms and explosives tracking and enforcement. 

DEPARTMENT OF STATE 

ADMINISTRATION OF FOREIGN AFFAIRS

DIPLOMATIC AND CONSULAR PROGRAMS

The recommendation includes $1,380,500,000 under this heading 

for expenses relating to Iraq, Afghanistan, and Iran. The recommendation includes $1,116,074,000 for necessary expenses for 

the operations of the United States Mission in Iraq, including 

$217,698,000 for logistics support; $736,000,000 for security-related 

costs, including equipment, armored vehicles, protective details, 

common area security improvements and contract support; 

$28,956,000 for information technology and country-wide emergency radio connectivity; and $133,420,000 for the State Department operations in Iraq. In addition, the recommendation includes 

$1,326,000 for transfer to the United States Institute of Peace for 

activities relating to Iraq. Further, the recommendation includes 

$50,100,000 for security requirements in Afghanistan; $208,000,000 

for security costs associated with the Provincial Reconstruction 

Teams (PRT) in Iraq; and $5,000,000 to expand public diplomacy 

information programs relating to Iran. 

The Committee directs the Department, no later than 60 days 

after the date of enactment of this Act, to provide a report to the 

Committee describing how, within these categories, the Department allocated the funds provided under this heading. The report 

shall also describe how the Department intends to allocate any remaining balances. 

OFFICE OF INSPECTOR GENERAL

The recommendation includes $25,300,000 under this heading including, $24,000,000 for the Special Inspector General for Iraq Reconstruction to conduct oversight work on reconstruction projects 

related to Iraq, and $1,300,000 for the State Department’s oversight work related to operations in Iraq and Afghanistan. 


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EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

The recommendation includes $5,000,000 for academic, professional and cultural exchanges focused on Iran. 

INTERNATIONAL ORGANIZATIONS

CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES

The recommendation includes $129,800,000 for assessed costs of 

United Nations peacekeeping operations, including increased costs 

of peacekeeping operations in southern Sudan and for the transition from the current African Union peacekeeping mission in 

Darfur, Sudan to a United Nations mission. 

RELATED AGENCY 

BROADCASTING BOARD OF GOVERNORS

INTERNATIONAL BROADCASTING OPERATIONS

The recommendation includes $7,600,000 for United States for 

international broadcasting efforts to Iran, including $5,600,000 for 

Voice of America television and $2,000,000 for Radio Free Europe/ 

Radio Liberty’s Radio Farda. 

BROADCASTING CAPITAL IMPROVEMENTS

The recommendation includes $28,500,000 for capital improvements relating to United States international broadcasting to Iran, 

including $12,700,000 for increased transmission investments for 

Radio Free Europe/Radio Liberty’s Radio Farda, and $15,800,000 

for Voice of America television broadcasting infrastructure. 

GENERAL PROVISION—THIS CHAPTER 

The recommendation includes language to allow funds to be expended notwithstanding certain provisions of law. 

CHAPTER 7 

DEPARTMENT OF THE TREASURY 

DEPARTMENTAL OFFICES

SALARIES AND EXPENSES

The Committee recommends $1,800,000 for Salaries and Expenses, as requested by the President. Of this amount, $1,300,000 

is to support the Department’s participation as co-lead agency in 

the Iraq Threat Finance Cell, an interagency initiative to identify 

and disrupt sources of insurgency finance; and $500,000 is to establish a Deputy Treasury Attache ́ in Iraq, to provide critical support 

for fiscal, monetary, and financial sector reform efforts. 


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TITLE II—FURTHER HURRICANE DISASTER RELIEF AND 

RECOVERY 

CHAPTER 1 

DEPARTMENT OF AGRICULTURE 

WORKING CAPITAL FUND

The Committee provides $25,000,000, to remain available until 

expended, for Working Capital Fund for necessary expenses related 

to the consequences of Hurricane Katrina and other hurricanes of 

the 2005 season. 

AGRICULTURAL RESEARCH SERVICE

BUILDINGS AND FACILITIES

The Committee provides $20,000,000, to remain available until 

expended, for ‘‘Agricultural Research Service, Buildings and Facilities’’ for necessary expenses related to the consequences of Hurricane Katrina and other hurricanes of the 2005 season. 

NATURAL RESOURCES CONSERVATION SERVICE

EMERGENCY WATERSHED PROTECTION PROGRAM

The Committee provides $10,000,000, to remain available until 

September 30, 2008, for the Emergency Watershed Protection Program, for the purchase of easements on floodplain lands in disaster 

areas affected by Hurricane Katrina and other hurricanes of the 

2005 season. 

CHAPTER 2 

DEPARTMENT OF DEFENSE—MILITARY 

COMMITTEE RECOMMENDATIONS

In title II, chapter 2, the Committee recommends total new appropriations of $1,154,593,000, provided within 30 appropriations 

accounts. Funding by category is as follows: 

Military Personnel ................................................................................. $68,982,000 

Operation and Maintenance ................................................................. 123,611,000 

Procurement ........................................................................................... 887,387,000 

Research and Development ................................................................... 18,980,000 

Trust Funds and Revolving and Management Funds ........................ 21,752,000 

Defense Health Program ....................................................................... 33,881,000 

The following table summarizes, by appropriations account or 

general provision, the Committee’s recommendations compared to 

the President’s request. 


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REPORTING REQUIREMENTS

The Committee directs the Secretary of Defense to provide a report to the congressional defense committees within 30 days of enactment of this legislation on the allocation of the funds within the 

accounts listed in this chapter. The Secretary shall submit updated 

reports 30 days after the end of each fiscal quarter until funds listed in this chapter are no longer available for obligation. The Committee directs that these reports shall include: a detailed accounting, by programs and subactivity groups, of obligations and expenditures of appropriations provided in this chapter for the continuation of relief and recovery operations from the storm damage; and 

a listing of equipment procured using funds provided in this chapter. 

MILITARY PERSONNEL 

The Committee recommends a total of $68,982,000 for the military personnel accounts for incremental costs for projected Basic 

Allowance for Housing rate increases in the hurricane-affected military housing areas in the Gulf Region. 

The following table provides details of the recommendations for 

the military personnel accounts: 


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OPERATION AND MAINTENANCE 

The Committee recommends a total of $123,611,000, as requested by the President, for operation and maintenance accounts. 

The following table provides details of the recommendations for 

the operation and maintenance accounts: 


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PROCUREMENT 

The Committee recommends a total of $887,387,000, which is 

$250,000,000 below the request, for various procurement appropriations. 

The following table provides details of the recommendations for 

the procurement accounts: 


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SHIPBUILDING AND CONVERSION, NAVY

The Committee recommendation includes $775,236,000 for additional funding to address the consequences of Hurricane Katrina 

and other hurricanes of the 2005 season on Gulf Coast shipyards. 

This is a reduction of $250,000,000 from the budget request. Funding of $1,689,000,000 was previously provided in Public Law 109–

148, bringing the total amount available for this program to 

$2,464,236,000. 

While acknowledging the substantial impact to Navy programs 

from these hurricanes, the Committee believes the total budgetary 

requirements are far from clear at this time, and adequate resources are being provided to address near-term and intermediateterm needs. The Committee notes that private insurance claims 

have not been resolved, six months after the disaster. Many of the 

original cost estimates have not been verified by visual or engineering inspection. And shipyard delay and disruption estimates have 

not been revised despite actual workforce conditions that are more 

favorable than originally assumed. 

The Committee believes the funding provided in this and previous Acts is sufficient to address urgent and emergency requirements that arise over the coming year at these shipyards. If additional requirements become clear in the future, and are validated 

and requested as emergency requirements, the Committee would 

entertain such requests as part of a future emergency supplemental appropriations bill. 

The Committee notes that funds under this heading are provided, among other things, for any shipyard in the Gulf Coast region impacted by Hurricane Katrina and other hurricanes of the 

2005 season. 

The Committee believes strongly that funds in this Act and 

under this heading in prior Acts should not be used to substitute 

for private insurance benefits. The Committee is aware that some 

shipyards have business interruption insurance coverage that could 

potentially overlap with the Navy’s budget for increased delay and 

disruption costs. On March 1, 2006, the Committee received the 

Navy’s certification that there is no overlap between shipyard insurance claims and the Navy’s funding plan, and that costs covered 

by private insurers were not included in supplemental request estimates. Once again in this bill, the Committee directs the Navy not 

to obligate funds under this heading until the Secretary of the 

Navy certifies that no such funds will be used for activities or costs 

that are subject to reimbursement by any third party, including a 

private insurer. 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION 

The Committee recommends a total of $18,980,000 for various research, development, test and evaluation appropriations. 

The following table provides details of the recommendations for 

these accounts: 


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REVOLVING AND MANAGEMENT FUNDS 

DEFENSE WORKING CAPITAL FUNDS

The Committee recommends $1,222,000, as requested, for the 

Defense Working Capital Funds. These funds are needed for hurricane related transportation costs of the Defense Logistics Agency to 

distribute excess property in support of relief efforts, and to assist 

the Defense Commissary Agency in the replacement of shelf stock 

destroyed by Hurricane Katrina. 

NATIONAL DEFENSE SEALIFT FUND

The Committee recommends $10,000,000, as requested, for the 

National Defense Sealift Fund. These funds are needed to replace 

damaged or destroyed contractor furnished equipment for T–AKE 

ships and for labor disruption costs associated with equipment delivery delays. 

TRUST FUNDS 

SURCHARGE COLLECTIONS, SALES OF COMMISSARY STORES, DEFENSE

The Committee recommends $10,530,000, as requested, for Surcharge Collections, Sales of Commissary Stores, Defense. These 

funds are provided to cover costs to clear grounds and other debris 

at the commissaries at Keesler Air Force Base and the Naval Construction Battalion Center located in Mississippi, as well as other 

commissaries that were damaged by the hurricanes in the Gulf of 

Mexico in 2005. 

OTHER DEPARTMENT OF DEFENSE PROGRAMS 

DEFENSE HEALTH PROGRAM

The Committee recommends $33,881,000, as requested, for 

health care costs associated with active duty personnel and beneficiaries who previously received care at Keesler Medical Center 

and now are receiving health care and pharmaceuticals through 

private sector contracts. 

GENERAL PROVISION—THIS CHAPTER 

Title II, chapter 2, includes a general provision, Section 2201, 

which prohibits the initiation of new start programs without prior 

congressional approval. 

The budget submission includes a request for additional transfer 

authority of $300,000,000, which would have applied to all funds 

appropriated to the Department of Defense in this title. In addition, language is proposed to expand the scope of transfer authority 

contained in Division B of Public Law 109–148. The Committee 

does not recommend inclusion of these requests due to inadequate 

justification of the need for these additional authorities. The Committee notes that special transfer authority of $500,000,000 was 

previously provided in Public Law 109–148 to allow for flexibility 

in the execution of funds appropriated to respond to Hurricane 

Katrina. There has been no demonstrated need for additional 

transfer authority. 


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CHAPTER 3 

DEPARTMENT OF DEFENSE—CIVIL 

DEPARTMENT OF THE ARMY 

CORPS OF ENGINEERS—CIVIL

This chapter provides $1,460,000,000 in emergency funding to 

address water resource projects damaged by Katrina and other 

hurricanes of the 2005 season. The funding provided for items in 

the Administration’s request shall not be available until authorized. 

CONSTRUCTION

Funds totaling $100,000,000 are provided to reduce the risk of 

storm damage to the greater New Orleans metropolitan area by restoring the surrounding wetlands through measures to begin to reverse wetland losses in areas affected by navigation, oil and gas, 

and other channels and through modification of the Caernarvon 

Freshwater Diversion structure or its operations, to remain available until expended. Funds provided under this heading are subject 

to authorization. The Committee encourages the Administration to 

pursue a legislative proposal to the appropriate authorizing committees for full and further consideration. 

FLOOD CONTROL AND COASTAL EMERGENCIES

Funds totaling $1,360,000,000 are provided to fund necessary expenses related to the consequences of Hurricane Katrina and other 

hurricanes of the 2005 season, to remain available until expended. 

Funds provided under this heading are subject to authorization. 

Within the funds provided, $530,000,000 shall be available to modify the 17th Street, Orleans Avenue and London Avenue drainage 

canals and install permanent pumps and closure structures at or 

near the lakefront; $250,000,000 shall be available for storm-proofing interior pump stations to ensure their operability during hurricanes, storms and high water events; $170,000,000 shall be available for armoring critical elements of the New Orleans hurricane 

and storm damage reduction system; $350,000,000 shall be available to improve protection at the Inner Harbor Navigation Canal; 

$60,000,000 shall be available for incorporation of certain non-Federal levees in Plaquemines Parish into the existing Federal levee 

system. 

CHAPTER 4 

DEPARTMENT OF HOMELAND SECURITY 

OFFICE OF INSPECTOR GENERAL

The Committee recommends $13,500,000 for the Department of 

Homeland Security’s Inspector General to support audits and investigations related to Hurricane Katrina and other hurricanes of 

the 2005 season. The Inspector General may transfer funding to 

other Federal Inspector General’s offices in the Departments of Agriculture, Defense, Education, Health and Human Services, Housing and Urban Development, Justice, Labor, Transportation, the 


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Environmental Protection Agency, the General Services Administration, and the Social Security Administration to carry out necessary audits and investigations of funding and programs undertaken by these respective agencies for response and recovery activities from the 2005 Gulf Coast hurricanes. 

CUSTOMS AND BORDER PROTECTION

SALARIES AND EXPENSES

The Committee recommends an additional $12,900,000 for the 

relocation of personnel and equipment related to the New Orleans 

laboratory facility and for the repair and replacement of critical information technology, equipment, and property damaged by Hurricane Katrina and other hurricanes of the 2005 season. Of the funds 

recommended under this heading, $10,200,000 is for the relocation 

of the New Orleans laboratory facility, the build-out of the new facility in Houston, Texas, and the transfer of personnel from New 

Orleans, Louisiana. The remaining $2,700,000 are provided for 

equipment, furniture, recovery and disposal costs, interim information technology connectivity, and security related to Customs and 

Border Protection’s (CBP) New Orleans Customshouse, office, and 

dock facilities. 

CONSTRUCTION

The Committee recommends an additional $4,800,000 for planning, engineering, and other equipment for structures damaged by 

Hurricane Katrina and other hurricanes of the 2005 season instead 

of $16,000,000 as proposed by the President. Of the funds recommended under this heading, $2,500,000 are for site improvements and information technology connectivity related to CBP’s 

New Orleans Customshouse, office, and dock facilities and 

$2,300,000 are for temporary office space, site improvements, information technology connectivity, and equipment related to the CBP 

Air and Marine facility located in Gulfport, Mississippi. Funds are 

available until expended. 

UNITED STATES COAST GUARD

OPERATING EXPENSES

The Committee recommends an additional $14,300,000 in ‘‘Operating Expenses’’ for clean-up and repair needs at facilities that 

were damaged by Hurricane Katrina, basic allowances for housing, 

temporary facilities and logistics, and the repair or replacement of 

equipment, materials, and supplies that were lost. Within this 

funding, the Committee recommends $267,000 to be transferred to 

the Environmental Compliance and Restoration appropriation for 

removal of contaminated soil at Coast Guard facilities in New Orleans and Gulfport. The Committee also recommends a transfer of 

$500,000 to the Research, Development, Test, and Evaluation appropriation for additional costs to reposition the vessel State of 

Maine at the Fire Safety and Test Detachment after its grounding. 

ACQUISITION, CONSTRUCTION AND IMPROVEMENTS

The Committee recommends an additional $80,755,000 in ‘‘Acquisition, Construction, and Improvements’’ for major repair and reVerDate Aug 31 2005 04:59 Mar 14, 2006 Jkt 026470 PO 00000 Frm 00058 Fmt 6659 Sfmt 6602 E:\HR\OC\HR388.XXX HR388

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construction of the New Orleans Integrated Support Center damaged by Hurricane Katrina. 

FEDERAL EMERGENCY MANAGEMENT AGENCY

ADMINISTRATIVE AND REGIONAL OPERATIONS

The Committee recommends $70,000,000 for Administrative and 

Regional Operations to reconstruct and improve existing public 

alert, warning, and crisis communications systems in the Gulf region. The Committee is aware of the on-going pilot project for the 

Geo-Targeted Alerting System (GTAS) and that this pilot will not 

be complete until the end of fiscal year 2006. Prior to the obligation 

of funds for GTAS, the Committee expects to be briefed on the findings of this pilot. 

PREPAREDNESS, MITIGATION, RESPONSE AND RECOVERY

The Committee recommends $10,000,000 for Preparedness, Mitigation, Response and Recovery, including $5,000,000 for the immediate hiring of 60 additional positions including, but not limited to, 

logistics management, inventory management, telecommunications 

and contract management specialists. The Committee also includes 

$5,000,000 to begin the process of immediately reviewing and revising the National Response Plan (NRP) and the National Incident 

Management System (NIMS), as discussed below. 

NATIONAL RESPONSE PLAN AND NATIONAL INCIDENT MANAGEMENT

SYSTEM

The Committee has reviewed the findings of the Select Bipartisan Committee on Hurricane Katrina and the White House’s ‘‘The 

Federal Response to Hurricane Katrina Lessons Learned’’. Three 

years after issuing Homeland Security Presidential Directive 5, 

more than a year after issuing the National Response Plan (NRP), 

and nearly two years after issuing the National Incident Management System (NIMS), critical failures were identified at all levels 

of government. In short, we were unprepared for the catastrophic 

consequences of Hurricane Katrina. 

In preparation for the upcoming hurricane season, the Committee believes it is critical to immediately review and revise both 

the NRP and the NIMS. Consistent with the findings of the Bipartisan Committee and the White House’s ‘‘Lessons Learned’’, the 

Committee directs the Department of Homeland Security (DHS) to 

conduct a comprehensive review, including necessary revisions, of 

the NRP and the NIMS to ensure that the NRP and NIMS are 

properly integrated and executed at all levels of government and 

among all homeland security partners. The Committee expects 

DHS to initiate revisions as needed and to include independent 

emergency response experts in this review. The Committee also expects DHS to ensure that revisions to the NRP and NIMS are implemented prior to the start of the 2006 hurricane season. The 

Committee directs DHS to begin this process immediately and report its findings and recommendations within 90 days of enactment 

of this Act. 


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DISASTER RELIEF

The Committee recommends $9,550,000,000 for Disaster Relief, 

$150,000,000 above the amounts requested by the President. The 

Committee includes bill language in the Disaster Assistance Direct 

Loan Program Account authorizing the transfer of up to 

$150,000,000 for the Community Disaster Loan Program from the 

Disaster Relief Fund. 

The Committee is concerned that FEMA may not be considering 

life cycle costs for the procurement of certain structures. FEMA is 

directed to consider the most cost effective options for providing 

structures, including total life cycle costs that demonstrate best 

value. 

The Committee is concerned that law enforcement agencies in 

areas that took in a high volume of evacuees may not receive full 

compensation for costs associated with increased police presence. 

The Department of Justice and FEMA are directed to work with affected state and local law enforcement agencies to ensure that 

funds provided are distributed in an equitable manner and that eligible costs are addressed. 

WEEKLY REPORTING

The Committee remains disappointed with the lack of supporting 

documentation included in the weekly Disaster Relief Report and 

the lack of information regarding the assumptions DHS is using to 

estimate total disaster relief funding needed this fiscal year. Specifically, the Committee has been requesting information on the 

methodology used and assumptions made to estimate allocations by 

program and the Department has failed to respond. Beginning immediately, the Committee directs DHS to include an explanation of 

the methodology used to calculate estimated yearly allocations by 

program area and program name. This explanation shall include 

the total yearly cost estimate, the amount allocated and obligated 

to date, and a written explanation of the assumptions and methodology used to estimate the total yearly cost. 

DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

The Committee recommends $150,000,000 to subsidize not to exceed $200,000,000 in direct loans for the Community Disaster Loan 

program. The Committee includes an additional $1,000,000 for administrative costs of this program and bill language allowing the 

transfer of up to $150,000,000 from the Disaster Relief appropriation. In total, the Committee’s recommendation provides an additional $400,000,000 in loan volume for the Community Disaster 

Loan program, as requested by the President. 

GENERAL PROVISIONS—THIS CHAPTER 

Section 2401. The Committee includes bill language authorizing 

FEMA to pay for utility costs for those leases negotiated by State 

and local governments on FEMA’s behalf. 

Section 2402. The Committee includes bill language amending 

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ficient interest on the amounts the program has borrowed from the 

Treasury. 

CHAPTER 5 

DEPARTMENT OF THE INTERIOR 

UNITED STATES FISH AND WILDLIFE SERVICE

CONSTRUCTION

The Committee recommends $132,400,000, as requested, for construction, including cleanup and facility repair needs at National 

Wildlife Refuges, related to the consequences of Hurricane Katrina 

and other hurricanes of the 2005 season and for repayment of advances to other appropriation accounts from which funds were 

transferred for such purposes. 

NATIONAL PARK SERVICE

HISTORIC PRESERVATION FUND

The Committee recommends $3,000,000, as requested, for historic preservation needs. These funds are for financial assistance to 

State Historic Preservation Offices in States that were damaged by 

Hurricane Katrina and other hurricanes of the 2005 season. These 

funds will assist the States in completing reviews under section 

106 of the National Historic Preservation Act. 

CONSTRUCTION

The Committee recommends $55,400,000, as requested, for construction, including immediate cleanup and facility repair needs at 

National Parks, related to the consequences of Hurricane Katrina 

and other hurricanes of the 2005 season. 

UNITED STATES GEOLOGICAL SURVEY

SURVEYS, INVESTIGATIONS, AND RESEARCH

The Committee recommends $10,200,000, as requested, for surveys, investigations, and research for facility and equipment repair 

needs related to the consequences of Hurricane Katrina and other 

hurricanes of the 2005 season and for repayment of advances to 

other appropriation accounts from which funds were transferred for 

such purposes. 

MINERALS MANAGEMENT SERVICE

ROYALTY AND OFFSHORE MINERALS MANAGEMENT

The Committee recommends $15,000,000, as requested, for royalty and offshore minerals management for costs associated with 

the temporary relocation of the Minerals Management Service’s 

Gulf of Mexico regional office from Louisiana to Houston, Texas, including costs to purchase new equipment and find temporary offices, and for other disaster related expenses and for repayment of 

advances to other appropriation accounts from which funds were 

transferred for such purposes. 


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ENVIRONMENTAL PROTECTION AGENCY 

ENVIRONMENTAL PROGRAMS AND MANAGEMENT

The Committee recommends $6,000,000, as requested, for environmental programs and management for increased environmental 

monitoring, assessment, and analytical support necessary to protect public health during the ongoing recovery and reconstruction 

efforts related to the consequences of Hurricane Katrina and other 

hurricanes of the 2005 season. 

LEAKING UNDERGROUND STORAGE TANK PROGRAM

The Committee recommends $7,000,000, as requested, for the 

leaking underground storage tank program to assess the most immediate underground storage tank needs in areas affected by Hurricane Katrina and other hurricanes of the 2005 season and to initiate appropriate corrective actions. 

DEPARTMENT OF AGRICULTURE 

FOREST SERVICE

NATIONAL FOREST SYSTEM

The Committee recommends $20,000,000 for the national forest 

system for necessary expenses of debris cleanup and related activities on National Forests affected by Hurricane Katrina and other 

hurricanes of the 2005 season. 

CHAPTER 6 

DEPARTMENT OF DEFENSE 

MILITARY CONSTRUCTION 

Armed Forces Exchanges.—The Committee does not recommend 

providing $55,890,000 as requested by the Navy and Air Force for 

the rebuilding of permanent base exchange facilities destroyed by 

Hurricane Katrina. While current Department of Defense instructions allow for the use of appropriated funds to rebuild exchanges 

destroyed by natural disasters, the capital costs for Armed Forces 

exchanges are normally funded with non-appropriated funds 

(NAF). The Committee notes that the fiscal year 2006 capital budget for Navy Exchange (NEX) is approximately $68,000,000 and the 

respective budget for the Army and Air Force Exchange Service 

(AAFES) is approximately $251,000,000. The Committee directs 

NEX and AAFES to fund construction of the necessary facilities at 

Keesler Air Force Base, Mississippi and Naval Construction Battalion Center Gulfport, Mississippi through NAF and to make these 

facilities first priority. 

The Committee further understands that exchanges, like other 

NAF facilities, are ‘‘self-insured,’’ meaning that when such facilities 

are damaged or destroyed, taxpayers may be forced to bear the burden of reconstruction if NAF accounts are insufficient. The Committee believes that the option of privately insuring NAF facilities, 

especially in areas at high risk of natural disasters, should be explored. The Committee therefore directs the Department of Defense 

to report to the Committees on Appropriations no later than SepVerDate Aug 31 2005 04:59 Mar 14, 2006 Jkt 026470 PO 00000 Frm 00062 Fmt 6659 Sfmt 6602 E:\HR\OC\HR388.XXX HR388

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tember 1, 2006 on the feasibility, options and cost for privately insuring such facilities. 

MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

The Committee recommends $28,880,000 for Military Construc- tion, Navy and Marine Corps, instead of $53,430,000 as requested 

by the Administration. The funds are provided as follows: 

Location Project description Request Recommendation 

MS: Bay St. Louis ............................................. Seclusion Berthing ........................................... $3,240,000 $3,240,000 

MS: NCBC Gulfport ........................................... Fitness Center .................................................. 32,800,000 24,140,000 

MS: NCBC Gulfport ........................................... Navy Exchange Cold Storage Facility .............. 2,290,000 — 

MS: NCBC Gulfport ........................................... Navy Exchange Complex .................................. 13,600,000 —

Worldwide: Unspecified .................................... Planning and Design ....................................... 1,500,000 1,500,000 

Total ........................................................ .......................................................................... 53,430,000 28,880,000 

MILITARY CONSTRUCTION, AIR FORCE

The Committee recommends $57,300,000 for Military Construc- tion, Air Force, instead of $111,240,000 as requested by the Administration. The funds are provided as follows: 

Location Project description Request Recommenda- tion 

MS: Keesler AFB ............................................... Base Exchange ................................................ $40,000,000 — 

MS: Keesler AFB ............................................... Consolidated Aircraft Maintenance Facility .... 29,000,000 $29,000,000 

MS: Keesler AFB ............................................... Fire Crash Rescue Station ............................... 19,600,000 19,600,000 

MS: Keesler AFB ............................................... Library .............................................................. 5,500,000 5,500,000 

Worldwide: Unspecified .................................... Planning and Design ....................................... 17,140,000 3,200,000 

Total ........................................................ .......................................................................... 111,240,000 57,300,000 

MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

The Committee recommends $67,800,000 for Military Construction, Army National Guard, instead of $210,071,000 as requested 

by the Administration. The funds are provided as follows: 

Location Project description Request Recommendation 

LA: Hammond ................................................... Army Aviation Support Facility ........................ $67,800,000 $67,800,000 

LA: Jackson Barracks ....................................... Joint Forces HQs/USPFO ................................... 84,200,000 — 

LA: Jackson Barracks ....................................... Readiness Center ............................................. 51,600,000 — 

Worldwide: Unspecified .................................... Planning and Design ....................................... 6,471,000 —

Total ........................................................ .......................................................................... 210,071,000 67,800,000 

The Committee notes that although the Administration’s request 

for emergency appropriations for Hurricane Katrina response was 

submitted on February 16, the Committee did not receive the finalized DD 1391 forms justifying Army National Guard military construction projects included in that request until February 27. This 

delay has made the Committee’s responsibility to analyze the request unnecessarily difficult. Because of the minimal time allowed 

by the delay for analysis and discussion, the Committee is unable 

to recommend the construction of two Guard facilities for Jackson 

Barracks, Louisiana at this time. The Committee further directs 

the Army National Guard as well as all other services, components, 


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and Defense agencies to ensure that 1391 forms for any future supplemental military construction requests are submitted in a timely 

manner. 

MILITARY CONSTRUCTION, AIR NATIONAL GUARD

The Committee recommends $5,800,000 for Military Construction, Air National Guard as requested by the Administration. The 

funds are provided as follows: 

Location Project description Request Recommendation 

MS: CRTC Gulfport ........................................... Upgrade Storm Water System ......................... $600,000 $600,000 

MS: Key Field .................................................... Replace Medical Training Facility ................... 4,700,000 4,700,000 

Worldwide: Unspecified .................................... Planning and Design ....................................... 500,000 500,000 

Total ........................................................ .......................................................................... 5,800,000 5,800,000 

MILITARY CONSTRUCTION, NAVY RESERVE

(INCLUDING RESCISSION OF FUNDS)

The Committee recommends $24,270,000 for Military Construction, Navy Reserve as requested by the Administration. The funds 

are provided as follows: 

Location Project description Request Recommendation 

LA: NAS/JRB New Orleans ................................ Command and Control Center ......................... $3,610,000 $3,610,000

LA: NAS/JRB New Orleans ................................ Crash/Fire/Rescue Station ............................... 7,360,000 7,360,000 

LA: NAS/JRB New Orleans ................................ Public Works Complex ..................................... 12,600,000 12,600,000 

Worldwide: Unspecified .................................... Planning and Design ....................................... 700,000 700,000 

Total ........................................................ .......................................................................... 24,270,000 24,270,000 

The Committee understands that the Navy Reserve will not ex- pend $40,210,000 in emergency funds appropriated in P.L. 109–148 

for five military construction projects at Naval Support Activity 

New Orleans, as well as $9,320,000 for a fitness center at Naval 

Air Station/Joint Reserve Base New Orleans (Belle Chasse). These 

facilities will instead be repaired with operation and maintenance 

funds. The Committee therefore rescinds the $49,530,000 provided 

for those projects. 

DEPARTMENT OF VETERANS AFFAIRS

DEPARTMENTAL ADMINISTRATION

CONSTRUCTION, MAJOR PROJECTS

(INCLUDING TRANSFER OF FUNDS)

The Committee recommendation includes $550,000,000 for a new 

hospital in New Orleans, Louisiana. The recommendation is 

$50,000,000 less than the supplemental request. Subsequent to 

submission of the supplemental, the Department submitted a report on construction options which recommended construction of a 

new medical center as a ‘‘shared facility,’’ subject to completion of 

a final report from the VA/Louisiana Medical Center Study Group. 

This option has a price estimate of $635,000,000, but includes excess funding for a 300 car parking garage. In addition, this estiVerDate Aug 31 2005 04:59 Mar 14, 2006 Jkt 026470 PO 00000 Frm 00064 Fmt 6659 Sfmt 6602 E:\HR\OC\HR388.XXX HR388

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mate can be reduced by the amount of the advance funding already 

provided in the previous supplemental. These two reductions result 

in a net total of $550,000,000 necessary in additional funding. 

In addition, the Committee has included language making these 

funds available only upon enactment of an authorization for construction of the hospital. 

The Committee recommendation also includes a provision which 

allows the Secretary of Veterans Affairs to transfer up to 

$275,000,000 from this account to the Medical Services account for 

unanticipated medical costs of returning veterans fighting the 

Global War on Terror. 

GENERAL PROVISIONS—THIS CHAPTER 

The Committee has not included a general provision, proposed in 

the supplemental request, to provide the Department of Veterans 

Affairs with authority to transfer previously appropriated funds 

from the Veterans Health Administration—Medical Services account to other accounts of the Department. The provision would 

also allow $122,000,000 to be available until expended, for activation costs associated with a new hospital in New Orleans. 

The Committee has not included a proposed general provision to 

consolidate unobligated balances previously appropriated to the 

Armed Forces Retirement Home for capital costs for Gulfport, Mississippi and Washington, District of Columbia. The Committee will 

consider such consolidation when a final decision has been made 

regarding the plan of action for housing former residents of the 

Gulfport facility and appropriate authorization legislation is enacted. 

CHAPTER 7 

DEPARTMENT OF JUSTICE 

LEGAL ACTIVITIES

SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

The recommendation includes $2,000,000 for the Criminal Division and the Civil Division for necessary expenses to investigate 

and prosecute fraud cases stemming from the hurricanes in the 

Gulf Coast region. The budget request included $3,200,000 for 

under the Salaries and Expenses, United States Attorneys to be 

transferred to this account for these activities. 

SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

The recommendation includes $5,000,000 for necessary expenses 

of United States Attorneys Offices to investigate and prosecute 

fraud cases stemming from the hurricanes in the Gulf Coast region. 

The budget request proposed bill language authorizing the Attorney General to transfer funds from this account to other Department of Justice appropriations for fraud investigations and prosecutions. The recommendation does not provide this authority. Instead, the recommendation fully funds the level requested for 

United States Attorneys activities under this account, and provides 

$2,000,000 for the activities of the Criminal Division and Civil Division, under the General Legal Activities account. 


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DEPARTMENT OF COMMERCE 

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

PROCUREMENT, ACQUISITION AND CONSTRUCTION

The recommendation includes $11,800,000 to complete the repair 

and reconstruction of the National Oceanic and Atmospheric Administration fisheries laboratory in Pascagoula, Mississippi. This 

amount is in addition to $13,200,000 provided for the same purpose 

in Public Law 109–148. 

SCIENCE 

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

EXPLORATION CAPABILITIES

The recommendation includes $30,000,000 for repair and rehabilitation of National Aeronautics and Space Administration facilities and other high priority requirements resulting from recent 

hurricanes. 

RELATED AGENCIES 

SMALL BUSINESS ADMINISTRATION

DISASTER LOANS PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

The recommendation includes $1,254,000,000 for additional lending authority for the Small Business Administration’s (SBA) disaster loan program. Language is included that transfers funds to 

the Federal Emergency Management Agency’s Disaster Relief Fund 

to replenish funds that were transferred to the SBA pursuant to 

Public Law 109–174. Language is also included that allows up to 

$190,000,000 to be used for administrative expenses of the disaster 

loan program. 

The Committee is concerned by dramatic fluctuations in SBA’s 

disaster lending subsidy estimates and will continue to monitor 

lending activity and expenditures. The Committee expects the SBA 

to expand its current reporting to include the following information 

related to all open disaster declarations: number of loan applications received; number and amount of loans approved, denied, and 

disbursed; loan subsidy obligations; and the costs associated with 

administering the loan program (including salaries, travel, and information systems). SBA should continue to keep the Committee 

apprised of pertinent disaster lending information in real-time. 

The Committee is aware that SBA’s rate of processing disaster 

loan applications in the Gulf Coast hurricane-affected region has 

not kept pace with the intake of applications, resulting in an application backlog. The Committee directs the SBA to reduce the application backlog in half within 45 days of enactment of this Act, and, 

when that 45-day period expires, the SBA shall immediately submit to the Committee an action plan to resolve any remaining 

backlog. 


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CHAPTER 8 

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 

COMMUNITY PLANNING AND DEVELOPMENT

COMMUNITY DEVELOPMENT FUND

(INCLUDING TRANSFER OF FUNDS)

The Committee recommends $4,200,000,000 for necessary expenses related to disaster relief, long-term recovery, restoration of 

infrastructure, and mitigation in communities in any declared disaster area related to Hurricanes Katrina, Rita or Wilma. Not more 

than five percent of the funds granted may be used for administrative expenses. The Committee recommends not less than $1,000,000,000 for the 

repair, rehabilitation, and reconstruction of affordable rental housing. In addition, the Committee directs the Secretary to ensure that 

in each State’s spending plan, priority is given to the restoration 

of affordable rental housing and infrastructure repair. The Committee’s intent is to ensure that States are investing in not just 

homeownership, but in the housing needs of all affected residents 

and community rebuilding. The Committee strongly encourages the 

Governors of States receiving emergency community development 

funds to take advantage of the $20,000,000 provided in Public Law 

109–148 for activities and programs by LISC and the Enterprise Foundation, in concert with the $1,000,000,000, to effectively leverage more private funds to expand affordable housing opportunities. 

The Committee’s recommendation includes a transfer of up to $15,000,000 to the Office of Inspector General and the salaries and 

expenses account in order to fund oversight and administration activities. The Committee stresses the importance that these funds be 

spent in accordance with the underlying statutes and devoid of 

waste, fraud, and abuse. 

The Committee’s recommendation includes a provision which 

prohibits States from using the funds under this heading as the 

State or local matching requirement, share, or contribution required by any other Federal program. It is the intent of the Committee that these funds are to be used for redevelopment of the 

hurricane affected areas. 

Similar to the terms and conditions of community development 

funds provided in Public Law 109–148, the Committee directs 

HUD, upon request by the state and a finding by the Secretary 

that such waiver would not be inconsistent with the overall purpose of the program, to issue certain waivers and to review the 

waivers after two years. In addition, the Committee requires several notification and reporting requirements prior to and during 

the period in which any waiver is in effect. 

INDEPENDENT AGENCY 

GENERAL SERVICES ADMINISTRATION

FEDERAL BUILDINGS FUND

The bill provides $37,000,000 for the short- and long-term repair 

and alterations of buildings damaged by the hurricanes of 2005. 


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Multiple Federal buildings in the Gulf Coast received significant 

water and wind damage as a result of the hurricanes during 2005. 

These funds will pay for the continuing clean-up and repair work 

that is necessary to make these facilities safe and fully functional. 

Other Matter.—While the Committee has not specifically addressed the issue of foreign control of U.S. airlines as proposed by 

the Department of Transportation, the Committee believes that the 

U.S. aviation industry is part of our critical infrastructure as are 

the ports. For this reason, it is critical that any final rule regarding 

foreign control of U.S. airlines not only comply with current laws 

regarding foreign ownership, but also comply with statutes recently 

passed by the Congress which require that all U.S. airlines be 

under the ‘‘actual control’’ of U.S. citizens. Therefore, the Committee directs the Secretary of Transportation to refrain from 

issuing a final rule for 120 days. The Committee is seriously concerned about the promulgation of any rule which would allow any 

minority foreign investor to exercise control or decision making authority over any aspect of a U.S. carrier operation. 

TITLE III—GENERAL PROVISIONS AND TECHNICAL 

CORRECTIONS 

Sec. 3001. Language is included language limiting the availability of funds provided to one year unless expressly provided for 

herein. 

Sec. 3002. Language is included making a technical correction related to the emergency watershed program. 

Sec. 3003. Language is included for Department of Defense— Military concerning funds for intelligence related activities. Sec. 3004. Language is included rescinding $43,620,000 from the 

unobligated balances available in the Immigration and Customs 

and Enforcement ‘‘Automation Modernization’’ account and reappropriates these funds for United States Secret Service ‘‘Salaries 

and Expenses’’. The Committee notes that the Department has 

been unable to program and obligate prior year funds for Immigration and Customs Enforcement ‘‘Automation Modernization’’. The recommendation includes $43,626,000 for critical investigative and protective operations of the United States Secret Service. 

The Committee is wholly disappointed with the Secret Service’s 

budgetary formulation process and the performance of its Chief Financial Officer (CFO). While the workload of the agency has continued to grow significantly since 9/11, the Secret Service has failed 

miserably in presenting budget requests that align with investigative and protective requirements. This failure is evidenced not only 

by the Secret Service’s inability to effectively plan for increases to 

protective mission requirements, but also the absence of proper notification of the reprogrammings in fiscal year 2005. This is unacceptable. 

Funds provided in this or any Act are unavailable to support the 

Secret Service CFO until the Committees on Appropriations receive 

a workload re-balancing report and budget formulation model for 

National Special Security Events as well as a comprehensive analysis of the methodology used to estimate current workloads and develop annual operating budgets. 

Funds provided in this section are unavailable for obligation 

until the Committees on Appropriations receive a revised Program, 


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Project, and Activity schedule based on current investigative and 

protective workload requirements, including a comprehensive analysis of the methodology used to estimate those requirements. 

Sec. 3005. The Committee includes a provision expanding the 

households eligible for assistance to include HUD assisted projectbased multifamily properties and waiving the requirements of Section 8(o)(7)(a) of the United States Housing Act of 1937 to enable 

the Department to establish voucher leases for 18 months. 

Sec. 3006. The Committee includes a provision making technical 

changes to transit grant funds awarded to the New York City Department of Transportation to be made available to the New York 

Metropolitan Transportation Authority for eligible capital projects. 

Sec. 3007. The Committee includes a provision making technical 

changes to economic development grants in Public Law 108–447. 

Sec. 3008. The Committee includes a provision making technical 

changes to Public Law 109–115 and Public Law 109–148. 

Sec. 3009. The Committee has included a provision making technical changes to Public Law 109–115. 

Sec. 3010. The Committee includes a provision permitting the allocation of emergency funds provided under section 9001(a)(2) of 

the Deficit Reduction Act of 2005 to be available during the remainder of Fiscal Year 2006 and Fiscal Year 2007 and designating 

such funds as an emergency requirement. 

Sec. 3011. The Committee has included language prohibiting 

Dubai Ports World from purchasing an American subsidiary company that is involved in the operations of certain U.S. ports. 

Sec. 3012. The Committee has included language limiting the 

availability of funds for the Palestinian Authority or its successor 

until certain conditions are met. 

CHANGES IN THE APPLICATION OF EXISTING LAW 

Pursuant to clause 3(f)(1) of rule XIII of the Rules of the House 

of Representatives, the following statements are submitted describing the effect of provisions in the accompanying bill that directly 

or indirectly change the application of existing law. 

The bill includes several appropriations that are not authorized 

by law and as such may be construed as legislative in nature. 

The bill includes several emergency appropriation designations 

that may be construed as legislative in nature. 

Language is included that restricts the availability of the funds 

to the current fiscal year unless otherwise provided. 

Language is included for Department of Defense—Military, in 

title I, chapter 2, ‘‘Operation and Maintenance, Navy’’ which pro- vides that up to $75,020,000 shall be available for operating expenses of the United States Coast Guard. 

Language is included for Department of Defense—Military, in 

title I, chapter 2, ‘‘Operation and Maintenance, Defense-Wide’’ which provides $25,000,000 for the Combatant Commander Initiative Fund; includes language which provides additional authority 

for extraordinary and emergency expenses to support emergent requirements associated with the ongoing war on terrorism; provides 

up to $1,200,000,000 for reimbursements to other nations for 

logistical, military and other support provided for operations in 

Iraq; and provides $44,500,000 for the Cooperative Threat Reduction program. 


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Language is included for Department of Defense—Military, in 

title I, chapter 2, ‘‘Afghanistan Security Forces Fund’’ which allows 

for the transfer of funds to other appropriations accounts of the Department of Defense. 

Language is included for Department of Defense—Military, in 

title I, chapter 2, ‘‘Iraq Security Forces Fund’’ which allows for the 

transfer of funds to other appropriations accounts of the Department of Defense. 

Language is included for Department of Defense—Military, in 

title I, chapter 2, which provides $2,000,000,000 of additional 

transfer authority for funds made available in this Act. 

Language is included for Department of Defense—Military, in 

title I, chapter 2, which provides that funds made available in 

‘‘Drug Interdiction and Counter-Drug Activities, Defense’’ be available for assistance to the counter-narcotics forces of Afghanistan 

and Pakistan. 

Language is included for Department of Defense—Military, in 

title I, chapter 2, which provides that working capital funds of the 

Department may increase the limitation on advance billing. 

Language is included for Department of Defense—Military, in 

title I, chapter 2, which amends the amount of funds provided for 

the Commander’s Emergency Response Program (CERP). 

Language is included for Department of Defense—Military, in 

title I, chapter 2, which allows the Department to use Afghanistan 

Security Forces Funds and Iraq Security Forces Funds for supervision and administration costs of construction projects which will 

be completed after fiscal year 2006. 

Language is included for Department of Defense—Military, in 

title I, chapter 2, which prohibits the initiation of new start programs without prior congressional approval. 

Language is included in title I makings funds appropriated or 

made available by transfer in this Act available notwithstanding 

section 313 of the Foreign Relations Authorization Act, Fiscal 

Years 1994 and 1995. 

Language is included in title I transferring $185,500,000 from 

funds appropriated under the heading ‘‘Iraq Relief and Reconstruction Fund’’ in P.L. 108–106 to ‘‘Economic Support Fund’’ in this 

Act. 

Language is included in title I rescinding $17,000,000 from funds 

made available under the heading ‘‘Peacekeeping Operations’’ and 

made available for the Coalition Solidarity Initiative in P.L. 109–

13. 

Language is included in title I that (1) extends the availability 

of funds provided for the Iraq Relief and Reconstruction Fund for 

an additional year from the date on which the availability of funds 

would otherwise have expired, if such funds are initially obligated 

before the expiration of the period of availability; and (2) extends 

the reporting requirements of section 207 of Public Law 108–106 

for one additional year. 

Language is included in titles I and II under all Department of 

Defense, Military Construction accounts, which allows for the expenditure of funds for projects not otherwise authorized. 

Language is included in title I under Department of Defense, 

Military Construction, Army; Military Construction, Air Force; and 


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Department of Veterans Affairs, Construction, Major Projects, 

which place conditions on the use of funds. 

Language is included under Department of Defense, General Provision—This Chapter, which expands the use of Department of Veterans Affairs, medical services funds provided in Public Law 109–

148. 

Language is included under Department of Defense, Military 

Construction, Army National Guard and Military Construction, 

Navy Reserve, which extend the availability of funds provided in 

Public Law 109–148. 

Language is included under the Department of Justice, Federal 

Bureau of Investigation, regarding funding availability for new or 

enhanced information technology systems. 

Language is included under Department of State, Diplomatic and 

Consular Programs, making funds available for transfer. 

Language is included under Department of State, Office of Inspector General, making funds available for transfer. 

Language is included in title I under Chapter 6, General Provisions, waiving certain requirements for authorization of appropriations. 

Language is included for Department of Defense—Military, in 

title II, chapter 2, ‘‘Shipbuilding and Conversion, Navy’’, which provides that funds are available for transfer within this account to 

replace destroyed or damaged equipment, prepare and recover 

naval vessels under contract; provides for cost adjustments for 

naval vessels for which funds have been previously appropriated; 

and requires notification to the congressional defense committees of 

any such transfer. 

Language is included for Department of Defense—Military, in 

title II, chapter 2, ‘‘General Fund Payment, Surcharge Collections, 

Sales of Commissary Stores, Defense’’, which provides funds for 

commissaries that were affected by the hurricanes. 

Language is included for Department of Defense—Military, in 

title II, chapter 2, which prohibits the initiation of new start programs without prior congressional approval. 

Language is included in title II, under Department of the Army, 

Corps of Engineers, which makes funds subject to authorization, 

requires certain reports, and sets forth certain conditions related to 

non-federal interests. 

Language is included in title II, under Department of Homeland 

Security, Office of Inspector General which provides for certain 

transfers. 

Language is included in title II, under Department of Homeland 

Security, United States Coast Guard which provides for certain 

transfers. 

Language is included in title II, under Federal Emergency Management Agency, Disaster Assistance Direct Loans regarding certain activities and transfers. 

Language is included in title II, under Chapter 4, General Provisions, which provides for funding for certain activities. 

Language is included in title II, under Chapter 4, General Provisions, regarding certain interest payments. 

Language is included in title II, under Department of Veterans 

Affairs, Departmental Administration, Construction, Major Projects 


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which allows for the transfer of funds to Medical Services under 

certain conditions. 

Language is included in title II, under Small Business Administration, Disaster Loans Program Account, regarding certain transfers of funds. 

Language is included in title II, under Department of Housing 

and Urban Development, Community Development Fund, which 

provides for the allocation, use, and transfer of funds provided. 

Language is included in title II, under General Services Administration, concerning the repair and alternation of affected buildings. 

Language is included in title III for Department of Defense—

Military concerning funds for intelligence related activities. 

Language is included in title III for Immigration and Customs 

Enforcement, Automated Modernization, rescinding certain funds. 

Language is included in title III making the use of funds provided in this Act, and prior appropriations Act, for the United 

States Secret Service subject to certain reporting requirements. 

Language is included in title III changing the eligible uses of certain funds previously appropriated for the Department of Housing 

and Urban Development related to disaster relief. 

Language is included in title III making technical changes to the 

allowable uses of certain funds provided in previous appropriations 

Acts. 

Language is included in title III change the availability of certain 

appropriations included in the Deficit Reduction Act of 2005. 

Language is included in title III prohibiting the acquisition of 

certain United States seaports. 

Language is included in title III relating to the availability of 

funds for the Palestinian Authority or its successor until certain 

conditions are met. 

TRANSFER OF FUNDS 

Pursuant to clause 3(f)(2) of rule XIII of the Rules of the House 

of Representatives, the following is submitted describing the transfer of funds provided in the accompanying bill. 

Language is included in Department of Defense—Military, in 

title I, chapter, ‘‘Operations and Maintenance, Navy’’ which provides for the transfer of funds to the United States Coast Guard. 

Language is included in Department of Defense—Military, in 

title I, chapter 2, ‘‘Afghanistan Security Forces Fund’’ which provides for the transfer of funds to other appropriations accounts of 

the Department of Defense. 

Language is included in Department of Defense—Military, in 

title I, chapter 2, ‘‘Iraq Security Forces Fund’’ which provides for 

the transfer of funds to other appropriations accounts of the Department of Defense. 

Language is included in Department of Defense—Military, in 

title I, chapter 2, ‘‘Drug Interdiction and Counter-Drug Activities, 

Defense’’ which transfers funds to other appropriations accounts of 

the Department of Defense. 

Language is included in Department of Defense—Military, in 

title I, chapter 2, in section 1201 which provides the Department 

with additional general transfer authority for funds made available 

in this Act. 


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Language is included in title I transferring $185,500,000 from 

funds appropriated under the heading ‘‘Iraq Relief and Reconstruction Fund’’ in P.L. 108–106 to ‘‘Economic Support Fund’’ in this 

Act. 

Language is included in Department of Defense—Military, in 

title II, chapter 2, ‘‘Shipbuilding and Conversion, Navy’’ which provides for the transfer of funds within this account to replace destroyed or damaged equipment and provide for cost adjustments for 

naval vessels for which funds have been previously appropriated. 

Language is included in title III for the Department of Defense— Military concerning funds for intelligence related activities. 

RESCISSIONS 

Pursuant to clause 3(f)(2) of rule XIII of the Rules of the House 

of Representatives, the following table is submitted describing the 

rescissions recommended in the accompanying bill: 

RESCISSIONS RECOMMENDED IN THE BILL

Department/Activity Amounts 

Recommended for 

Rescission 

Peacekeeping Operations (P.L. 109–13) ............................................... $17,000,000 

Department of Defense, Military Construction, Naval Reserve (P.L. 

109–148) .............................................................................................. 49,530,000 

Immigration and Customs Enforcement, Automation Modernization 

(P.L. 109–90) ....................................................................................... 43,620,000 

APPROPRIATIONS NOT AUTHORIZED BY LAW 

Pursuant to clause 3(f)(1) of rule XIII of the Rules of the House 

of Representatives, the following table lists the appropriations in 

the accompanying bill which are not authorized by law: 


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COMPARISON WITH THE BUDGET RESOLUTION 

Clause 3(c)(2) of rule XIII of the Rules of the House of Representatives requires an explanation of compliance with section 

308(a)(1)(A) of the Congressional Budget and Impoundment Control 

Act of 1974 (Public Law 93–344), as amended, which requires that 

the report accompanying a bill providing new budget authority contain a statement detailing how that authority compares with the 

reports submitted under section 302 of the Act for the most recently agreed to concurrent resolution on the budget for the applicable fiscal year. 

Appropriations in this bill are either designated emergency or 

offset in budget authority therein. Total fiscal year 2006 emergency 

spending in this bill is $91,832,491,000 in budget authority. Emergency spending is not measured against the section 302 allocations. 

Nonemergency budget authority totals $43,620,000, offset by a 

$43,620,000 rescission for no net increase in budget authority 

measured against the 302 allocations. Nonemergency outlays increase by $7,000,000. The nonemergency spending and rescission 

are within the jurisdiction of the Homeland Security subcommittee, 

and the status of spending within that subcommittee relative to the 

302(b) suballocations, including the effect of this bill, is as follows: 

FY 2006 DISCRETIONARY SPENDING 

[In millions of dollars] 

302(b) allocation This bill and regular appropriations 

Budget authority Outlays Budget authority Outlays 

Homeland Security subcommittee ................................................. 30,846 33,233 30,846 33,191 

FIVE-YEAR OUTLAY PROJECTIONS 

In compliance with section 308(a)(1)(B) of the Congressional 

Budget and Impoundment Control Act of 1974 (Public Law 93–

344), as amended, the following table contains five-year projections 

associated with the budget authority provided in the accompanying 

bill: 

Millions 

Budget Authority ............................................................................................. $91,832 

Outlays: 

2006 ........................................................................................................... 23,336 

2007 ........................................................................................................... 36,048 

2008 ........................................................................................................... 17,958 

2009 ........................................................................................................... 7,955 

2010 and beyond ....................................................................................... 5,594 

ASSISTANCE TO STATE AND LOCAL GOVERNMENTS 

In accordance with section 308(a)(1)(C) of the Congressional 

Budget and Impoundment Control Act of 1974 (Public Law 93–

344), as amended, the financial assistance to State and local governments is as follows: 

Millions 

Budget Authority ............................................................................................. $13,239 

Fiscal Year 2006 outlays resulting therefrom ............................................... 624 


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CONSTITUTIONAL AUTHORITY 

Clause 3(d)(1) of rule XIII of the Rules of the House of Representatives states that: 

Each report of a committee on a bill or joint resolution 

of a public character, shall include a statement citing the 

specific powers granted to the Congress in the Constitution 

to enact the law proposed by the bill or joint resolution. 

The Committee on Appropriations bases its authority to report 

this legislation from Clause 7 of Section 9 of Article I of the Constitution of the United States of America which states: 

No money shall be drawn from the Treasury but in consequence of Appropriations made by law . . . 

Appropriations contained in this Act are made pursuant to this 

specific power granted by the Constitution. 

STATEMENT OF GENERAL PERFORMANCE GOALS AND 

OBJECTIVES 

Pursuant to clause 3(c)(4) of rule XIII of the Rules of the House 

of Representatives, the following is a statement of general performance goals and objectives for which this measure authorizes funding: 

The Committee on Appropriations considers program performance, including a program’s success in developing and attaining 

outcome-related goals and objectives, in developing funding recommendations. 

COMPLIANCE WITH RULE XIII, CL. 3(e) (RAMSEYER RULE) 

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

existing law in which no change is proposed is shown in roman): 

DEPARTMENT OF DEFENSE, EMERGENCY SUPPLEMENTAL APPROPRIATIONS TO ADDRESS HURRICANES 

IN THE GULF OF MEXICO, AND PANDEMIC INFLUENZA 

ACT, 2006 

(Public Law 109–148) 

DIVISION B 

EMERGENCY SUPPLEMENTAL APPROPRIATIONS TO ADDRESS HURRICANES IN THE GULF OF MEXICO AND PANDEMIC INFLUENZA, 2006 

That the following sums are appropriated, out of any money in 

the Treasury not otherwise appropriated, to address hurricanes in 

the Gulf of Mexico and pandemic influenza for the fiscal year ending September 30, 2006, and for other purposes, namely: 

TITLE I 

* * * * * * * 


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CHAPTER 7 

DEPARTMENT OF DEFENSE 

VETERANS HEALTH ADMINISTRATION

MEDICAL SERVICES

For an additional amount for ‘‘Medical Services’’, $198,265,000, 

for necessary expenses related to the consequences of hurricanes in 

the Gulf of Mexico in calendar year 2005 and for unanticipated 

costs related to the Global War on Terror: Provided, That the 

amount provided under this heading is designated as an emergency 

requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on the budget for fiscal year 2006. 

* * * * * * * 

CHAPTER 9 

DEPARTMENT OF TRANSPORTATION 

* * * * * * * 

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 

PUBLIC AND INDIAN HOUSING

TENANT-BASED RENTAL ASSISTANCE

For an additional amount for housing vouchers for households 

within the area declared a major disaster under the Robert T. Stafford Disaster Relief and Emergency Act (42 U.S.C. 5121 et seq.) resulting from hurricanes in the Gulf of Mexico during calendar year 

2005, $390,299,500, to remain available until September 30, 2007: 

Provided, That such households shall be limited to those which, 

prior to Hurricanes Katrina or Rita, received assistance under section 8 or 9 of the United States Housing Act of 1937 (Public Law 

93–383), section 801 or 811 of the Cranston-Gonzalez National Affordable Housing Act (Public Law 101–625), the AIDS Housing Opportunity Act (Public Law 101–625), øor the Stewart B. McKinney 

Homeless Assistance Act (Public Law 100–77)¿ the McKinney-Vento 

Homeless Assistance Act, section 221(d)(3), 221(d)(5), or 236 of the 

National Housing Act, or section 101 of the Housing and Urban Development Act of 1965; or those which were homeless or in emergency shelters in the declared disaster area prior to Hurricanes 

Katrina or Rita: Provided further, That these funds are available 

for assistance, under section 8(o) of the United States Housing Act 

of 1937, except that paragraph (7)(A) of such section shall not apply: 

Provided further, That in administering assistance under this 

heading the Secretary of Housing and Urban Development may 

waive requirements for income eligibility and tenant contribution 

under section 8 of such Act for up to 18 months: Provided further, 

That all households receiving housing vouchers under this heading 

shall be eligible to reoccupy their previous assisted housing, if and 

when it becomes available: Provided further, That the amount provided under this heading is designated as an emergency requireVerDate Aug 31 2005 04:59 Mar 14, 2006 Jkt 026470 PO 00000 Frm 00079 Fmt 6659 Sfmt 6602 E:\HR\OC\HR388.XXX HR388

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ment pursuant to section 402 of H. Con. Res. 95 (109th Congress), 

the concurrent resolution on the budget for fiscal year 2006. 

* * * * * * * 

TITLE V 

GENERAL PROVISIONS AND TECHNICAL CORRECTIONS 

* * * * * * * 

SEC. 5023. The statement of the managers correction referenced 

under the second paragraph of the heading ‘‘Community development fund’’ øin title III of Public Law 109–115 (as in effect pursuant to H. Con. Res. 308, 109th Congress)¿ in title III of division A 

of Public Law 109–115 is deemed to be amended—

(1) * * * 

* * * * * * * 

DEPARTMENT OF HOMELAND SECURITY 

APPROPRIATIONS ACT, 2006 

(Public Law 109–90) 

TITLE III—PREPAREDNESS AND RECOVERY 

* * * * * * * 

FEDERAL EMERGENCY MANAGEMENT AGENCY 

* * * * * * * 

NATIONAL FLOOD INSURANCE FUND

(INCLUDING TRANSFER OF FUNDS)

For activities under the National Flood Insurance Act of 1968 (42 

U.S.C. 4001 et seq.), not to exceed $36,496,000 for salaries and expenses associated with flood mitigation and flood insurance operations; not to exceed $40,000,000 for financial assistance under section 1361A of such Act to States and communities for taking actions under such section with respect to severe repetitive loss properties, to remain available until expended; not to exceed 

$10,000,000 for mitigation actions under section 1323 of such Act; 

and not to exceed $99,358,000 for flood hazard mitigation, to remain available until September 30, 2007, including up to 

$40,000,000 for expenses under section 1366 of the National Flood 

Insurance Act of 1968 (42 U.S.C. 4104c), which amount shall be 

available for transfer to the National Flood Mitigation Fund until 

September 30, 2007, and which amount shall be derived from offsetting collections assessed and collected pursuant to section 1307 

of that Act (42 U.S.C. 4014), and shall be retained and used for 

necessary expenses under this heading: Provided, That in fiscal 

year 2006, no funds in excess of: (1) $55,000,000 for operating expenses; (2) $660,148,000 for commissions and taxes of agents; and 

(3) ø$30,000,000 for interest on Treasury borrowings¿ such sums as 


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necessary for interest on Treasury borrowings shall be available 

from the National Flood Insurance Fund. 

* * * * * * * 

TRANSPORTATION, TREASURY, HOUSING AND URBAN 

DEVELOPMENT, THE JUDICIARY, THE DISTRICT OF 

COLUMBIA, AND INDEPENDENT AGENCIES APPROPRIATIONS ACT, 2006 

(Public Law 109–115) 

DIVISION A—TRANSPORTATION, TREASURY, HOUSING AND 

URBAN DEVELOPMENT, THE JUDICIARY, AND INDEPENDENT AGENCIES APPROPRIATIONS ACT, 2006 

* * * * * * * 

TITLE III 

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 

* * * * * * * 

COMMUNITY PLANNING AND DEVELOPMENT

* * * * * * * 

COMMUNITY DEVELOPMENT FUND

(INCLUDING TRANSFER OF FUNDS)

For assistance to units of State and local government, and to 

other entities, for economic and community development activities, 

and for other purposes, $4,220,000,000, to remain available until 

September 30, 2008, unless otherwise specified: Provided, That of 

the amount provided, $3,748,400,000 is for carrying out the community development block grant program under title I of the Housing and Community Development Act of 1974, as amended (the 

‘‘Act’’ herein) (42 U.S.C. 5301 et seq.): Provided further, That unless 

explicitly provided for under this heading (except for planning 

grants provided in the second paragraph and amounts made available under the third paragraph), not to exceed 20 percent of any 

grant made with funds appropriated under this heading shall be 

expended for planning and management development and administration: Provided further, That $1,600,000 shall be transferred to 

the Working Capital Fund: Provided further, That $60,000,000 

shall be for grants to Indian tribes notwithstanding section 

106(a)(1) of such Act, of which, notwithstanding any other provision 

of law (including section 305 of this Act), up to $4,000,000 may be 

used for emergencies that constitute imminent threats to health 

and safety; $50,000,000 shall be available for YouthBuild program 

activities authorized by subtitle D of title IV of the Cranston-Gonzalez National Affordable Housing Act, as amended, and such activities shall be an eligible activity with respect to any funds made 

available under this heading: Provided, That local YouthBuild programs that demonstrate an ability to leverage private and nonprofit funding shall be given a priority for YouthBuild funding: ProVerDate Aug 31 2005 04:59 Mar 14, 2006 Jkt 026470 PO 00000 Frm 00081 Fmt 6659 Sfmt 6602 E:\HR\OC\HR388.XXX HR388

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vided further, That no more than eight percent of any grant award 

under the YouthBuild program may be used for administrative 

costs: Provided further, That of the amount made available for 

YouthBuild not less than $4,000,000 is for grants to establish 

YouthBuild programs in underserved and rural areas and 

$1,000,000 is to be made available for a grant to YouthBuild USA 

for capacity building for community development and affordable 

housing activities as specified in section 4 of the HUD Demonstration Act of 1993, as amended. 

Of the amount made available under this heading, $310,000,000 

shall be available for grants for the Economic Development Initiative (EDI) to finance a variety of targeted economic investments in 

accordance with the terms and conditions specified in the østatement of managers accompanying this Act¿ statement of managers 

correction for H.R. 3058 relating to the Economic Development Initiative submitted to the House of Representatives by the Chairman 

of the Committee on Appropriations of the House on November 18, 

2005, and printed in the House section of the Congressional Record 

on such date: Provided, That none of the funds provided under this 

paragraph may be used for program operations: Provided further, 

That, for fiscal years 2004, 2005 and 2006, no unobligated funds for 

EDI grants may be used for any purpose except acquisition, planning, design, purchase of equipment, revitalization, redevelopment 

or construction. 

Of the amount made available under this heading, $50,000,000 

shall be available for neighborhood initiatives that are utilized to 

improve the conditions of distressed and blighted areas and neighborhoods, to stimulate investment, economic diversification, and 

community revitalization in areas with population outmigration or 

a stagnating or declining economic base, or to determine whether 

housing benefits can be integrated more effectively with welfare reform initiatives: Provided, That amounts made available under this 

paragraph shall be provided in accordance with the terms and conditions specified in the statement of managers accompanying this 

Act. 

* * * * * * * 

SECTION 9001 OF THE DEFICIT REDUCTION ACT OF 2005 

SEC. 9001. FUNDING AVAILABILITY. 

(a) IN GENERAL.—In addition to amounts otherwise made available, there are appropriated, out of any money in the Treasury not 

otherwise appropriated, to the Secretary of Health and Human 

Services øfor a 1-time only obligation and expenditure¿—

(1) * * * 

(2) $750,000,000 øfor fiscal year 2007¿ for allocation under 

section 2604(e) of the Low-Income Home Energy Assistance Act 

of 1981 (42 U.S.C. 8623(e)), to remain available until September 30, 2007. 

ø(b) SUNSET.—The provisions of this section shall terminate, be 

null and void, and have no force and effect whatsoever after September 30, 2007. No monies provided for under this section shall 

be available after such date.¿ 

(b) EMERGENCY DESIGNATION.—The amount provided under subsection (a)(2) is designated as an emergency requirement pursuant 


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to section 402 of H. Con. Res. 95 (109th Congress), the concurrent 

resolution on the budget for fiscal year 2006. 


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ADDITIONAL VIEWS OF HON. DAVID R. OBEY 

In the wake of the attacks on the World Trade Center and the 

Pentagon, the President launched military action that destroyed 

the Taliban regime and dislodged Al Qaeda from Afghanistan. No 

thinking American could have or should have opposed the Afghanistan invasion that marked the first battle in the post-September 

11th fight against terrorism. 

Soon after, however, this Administration led us into Iraq—a 

country without proven links to the September 11th attacks or Al 

Qaeda. The intelligence used to justify the invasion was seriously 

flawed at best, purposefully manipulated at worst. The rationale 

for war—Saddam Hussein’s arsenal of weapons of mass destruction—had no proven basis in fact. Yet we find ourselves in Iraq just 

the same. 

Today, after more than 2,300 American military deaths, nearly 

17,000 Americans wounded, and $334 billion spent, our nation remains entangled in a thicket of insurgent and sectarian violence. 

The Administration’s mistakes and mischaracterizations have the 

American people deeply troubled by our involvement in Iraq. 

The vast majority of this supplemental bill—$67.7 billion—is for 

Defense Department’s activities in Iraq and Afghanistan. Just as 

with earlier war supplementals, this funding will be provided in a 

manner that allows the Administration and the Secretary of Defense significant flexibility. It should be clear by now that Congress 

went far beyond what was reasonable in that regard. What did the 

nation get for it? 

• A $20 billion bill for Iraq reconstruction when we were told 

it would cost between $1 billion and $2 billion and be financed 

by Iraqi oil revenues. Secretary Rumsfeld told us, ‘‘We just had 

no idea how bad the Iraqi economy was.’’ Billions of dollars 

later, electricity and oil production remain below prewar levels 

and unemployment ranges between 60 and 90 percent in many 

parts of the country. 

• A claim that we would be greeted as liberators and that we 

could begin withdrawing troops six months after the invasion. 

Despite the warnings of General Shinseki and others, Secretary Rumsfeld testified before our Committee that we could 

reduce our troop deployment to about 35,000 by December 

2003. Today, our deployment is roughly 130,000, down only 

slightly from the 150,000 of the year before. 

• A failure to plan that has left our Army stretched thin. The 

lack of manpower resulted in the Abu Ghraib scandal, which 

was fostered by untrained manpower guarding prisoners. Poor 

planning also left our troops salvaging scrap metal to protect 

unarmored Humvees. Even today, questions remain about 

whether our entire force is equipped with adequate armor. 


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With the passage of this supplemental, Congress will have appropriated over $400 billion for the wars in Iraq and Afghanistan and 

related reconstruction. Yet over the next several months this Congress will squabble over a fraction of that amount to strengthen 

homeland security, provide heating for our elderly, educate our 

children, and deliver medical care for our veterans. The security of 

our country will not be appreciably strengthened if while spending 

billions on Iraq, we are neglecting needed investments here at 

home. During the Committee’s consideration of this bill, Democrats 

repeatedly attempted to reorder the nation’s priorities in ways that 

more accurately reflected our security and domestic needs. Yet each 

time these efforts were opposed by the Republican Majority. 

REDUCING VULNERABILITIES TO TERRORISM

When the President spoke to the nation from New Orleans after 

Hurricane Katrina, he said: ‘‘Four years after the frightening experience of September the 11th, Americans have every right to expect 

a more effective response in a time of emergency.’’ Unfortunately, 

neither the President’s request nor this bill addresses known 

vulnerabilities. 

PORT SECURITY

U.S. ports handle over 95 percent of overseas trade and the volume of goods imported and exported through ports is expected to 

double over the next 20 years. Democrats have made securing 

America’s ports a top priority, but the Administration and the Republican Leadership of the Congress have left us dangerously 

underprotected. 

For example, a Democratic amendment offered by Representative 

Sabo would have expanded the Container Security Initiative (CSI) 

and the MegaPorts program. CSI identifies high risk shipping containers for inspection while MegaPorts places radiation detection 

equipment at ports to detect illegal shipments of nuclear and radiological materials. Today, CSI is operating in only 42 of 140 overseas ports that ship directly to the U.S. and MegaPorts will only 

have 13 radiation monitors in place by the end of FY 2007. The 

Sabo amendment would have provided $300 million to expand the 

CSI program to all ports that ship to the U.S. and $300 million to 

bring radiation detectors to 29 additional foreign ports. The amendment would have also provided an additional $375 million for port 

security improvements and $125 million to expand the Coast 

Guard’s port security inspections and exercises. Republicans defeated the amendment. 

PREPARING FOR AND RESPONDING TO NATURAL AND TERRORIST

ATTACKS

The 2002 Hart-Rudman report concluded that ‘‘America’s own illprepared response could hurt its people to a much greater extent 

than any single attack by terrorists.’’ Katrina revealed the truth of 

this statement. 

After Katrina, America should be moving to help improve emergency communications, bolster disaster planning by State and local 

governments, invest in emergency managers, and mitigate disaster 


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damage through improved disaster development. This supplemental falls short in each of these areas. 

The Sabo amendment would have provided an additional $300 

million to fund emergency communications backup capability nationwide, $50 million to improve disaster plan coordination, $260 

million for Emergency Management Performance Grants, $140 million for fire grants, and $50 million for Project Impact disaster 

mitigation efforts. Republicans defeated the amendment. 

TRANSIT, AVIATION AND BORDER SECURITY

While there have been improvements, large vulnerabilities remain in commercial aviation. Out of the 448 commercial airports 

in the United States, only 25 have received new checkpoint technologies to screen passengers for explosives. In addition, only a 

small percentage of cargo carried on passenger aircraft is screened 

for explosives, leaving a huge security loophole. The Sabo amendment defeated in Committee would have provided an additional 

$350 million to expand the screening of passengers and checked 

bags for explosives, expand the screening of air cargo carried on 

passenger aircraft, and provide for more efficient in-line explosive 

detection systems. 

Aviation security has seen improvements for obvious reasons. 

Rail security, however, remains virtually unaddressed. While there 

were 181 terrorist attacks on rail targets worldwide from 1998 to 

2003 only about $600 million of the estimated $6 billion needed has 

been invested by the Department of Homeland Security and the 

Department of Transportation in improving transit security. The 

Sabo amendment defeated in Committee would have provided an 

additional $350 million to close critical transit security problems, 

close to 50 percent more funding than has been provided to date. 

Committee Democrats also sought to bolster security along America’s borders by putting better technology to work. Today, radiation 

portal monitors are not installed at all land entry points in the 

United States. DHS does not plan to compete this until at least 

2011. The Sabo amendment defeated in Committee would have provided an additional $600 million to ensure greater air surveillance 

of our borders and that each land entry point is able to inspect containers for radiation using sophisticated portal monitors. 

STRENGTHENING REVIEW OF FOREIGN TAKEOVERS OF CRITICAL

ASSETS

The recent Dubai Ports World controversy makes clear that the 

process by which foreign takeovers of critical assets and operations 

are approved is not what is best for homeland security. The current 

review process is very loose in that none of the top officials in the 

Executive Branch, including the President, are informed of the 

transactions under review or even of those that have been approved. 

An amendment offered in Committee by Representative Sabo 

would have strengthened the current review process by requiring 

mandatory notification of all proposed takeovers; Presidential approval or disapproval; and, Congressional notification and an opportunity for Congress to overturn Presidential decisions. All but 

one Committee Republican opposed this amendment. 


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HELPING FAMILIES DEAL WITH HIGH ENERGY COSTS

As American consumers know, energy prices are though the roof. 

Compared to last winter, average prices are up 23 percent for natural gas, 24 percent for home heating oil, and 16 percent for propane. Unfortunately, LIHEAP, which provides energy assistance to 

the most vulnerable in our society, was cut by $21 million this 

year. LIHEAP currently serves only 16 percent of those eligible for 

help and, due to increased demand for assistance, the amount of 

help a household receives has shrunk by 10 percent over the last 

four years. 

A Democratic amendment would have provided $1 billion for 

LIHEAP heating assistance grants this year. A Republican amendment cut the Democratic amendment by $250 million, most of 

which would have gone to Southern and Western states, and makes 

the remaining $750 million available over two years, allowing the 

Administration to avoid releasing much, if any, of that funding this 

year to deal with the current crisis in home energy prices. 

GIVING SENIORS THE CHANCE TO MAKE GOOD DECISIONS ABOUT

THEIR PRESCRIPTION DRUG PLANS

There is a real need to provide affordable prescription drug coverage to senior citizens and people with disabilities, but the privately-run prescription drug plans set up by the Republican Medicare legislation are a mess. Republicans chose to deliver drug coverage through a bewildering array of insurance companies and private drug benefit managers. As a result, seniors in most states 

must select among more than 40 different private drug plans, each 

with a different premium, its own list of covered drugs, its own 

prices, and its own policies regarding which drugs will require 

prior approval or higher co-payments. Further, the plans are permitted to keep changing their policies regarding covered drugs 

throughout the year. 

An amendment sponsored by Representative Berry offered a fundamental fix for all this confusion: have Medicare operate the drug 

benefit program itself, just as it has operated a health insurance 

program for the past 40 years. This plan would have uniform premiums, co-payments, and drug coverage policies throughout the nation. Enrollment in this Medicare-operated drug plan would be voluntary, but it would be available to any beneficiary seeking an alternative to navigating the myriad of competing private plans each 

year. It would have also allowed Medicare to use the united purchasing power of what is likely to be tens of millions of beneficiaries to negotiate lower drug prices. 

The amendment also offered interim improvements for seniors 

and people with disabilities seeking coverage this year through the 

system now in place. First, it gave those eligible additional time to 

sign up for Medicare drug plans this year without paying a penalty. Under current law, beneficiaries must pick a plan and sign up 

by May 15 or face higher premiums. Given the complicated choices, 

offering seniors until the end of the year to enroll without penalty 

is only fair. In addition, seniors would be allowed to change plans 

once during 2006 if they find that a different option is more appropriate for them than their original choice. 


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This amendment was defeated by the Republican Majority. 

FIGHTING BACK AGAINST SPECIAL INTEREST PROTECTIONS

Last year, Republicans attached a provision to the FY 2006 Defense Appropriations Act that gives the Secretary of Health and 

Human Services power to confer sweeping liability protection on 

manufacturers of drugs and other medical products. 

This provision was written by very powerful people in the Congress. It was never considered by any Committee of the House or 

Senate. There were no markups, where members with expertise in 

the subject deliberated and voted in public. It was simply inserted 

into the Defense bill one night after the bill had already been approved by the conference Committee charged with its drafting. In 

a democratic institution, that should not have happened. 

A Democratic amendment offered by Representative DeLauro 

and defeated by the Republican Majority would have repealed the 

flawed provision effective September 30th, to give Congress ample 

time to enact a reasonable substitute through the normal legislative process. 

PROTECTING TAXPAYERS FROM WASTE, FRAUD, AND ABUSE

Once this supplemental is passed we will have spent almost half 

a trillion dollars in total executing the wars in Iraq and Afghanistan and rebuilding after Hurricanes Katrina and Rita. In both 

cases, there are serious questions about how the taxpayer’s money 

is being spent. To date, however, Congress has failed to conduct appropriate oversight that would root out waste, fraud and abuse. 

A NEW ‘‘TRUMAN’’ INVESTIGATIVE COMMITTEE FOR THE GLOBAL WAR

ON TERROR AND KATRINA RECONSTRUCTION

History provides a good model of just how Congress can go about 

protecting the taxpayer from wasteful spending and unscrupulous 

contractors. In early 1941, Senator Harry S. Truman began questioning whether there was favoritism, fraud and waste in the nation’s rearmament effort. The outgrowth of his inquiries became 

the Senate Special Committee to Investigate the National Defense 

Program, later known as the Truman Committee. 

The Truman Committee uncovered instances of powerful interests influencing contract awards, businesses overcharging for services, and government failing to be a good steward of the taxpayer’s 

money. From its creation in 1941 until it expired in 1948, the Committee held 432 public hearings and 300 executive sessions, went 

on hundreds of fact-finding missions, and issued 51 reports—earning high marks for its thoroughness and efficiency throughout. By 

the time of its dissolution, the Committee’s recommendations saved 

an estimated $15 billion, and likely even saved lives. 

The need for a modern day Truman Committee could not be 

clearer. Representative Kaptur offered an amendment establishing 

a select Committee of the House to conduct ongoing studies and investigations of the awarding and carrying out of contracts by the 

Government for military operations and relief and reconstruction 

activities related to the global war on terrorism (including all activities in Afghanistan and Iraq), and Hurricane Katrina recovery, 


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relief, and reconstruction efforts. The amendment was defeated by 

the Republican Majority on a party line vote. 

SPECIAL INSPECTOR GENERAL FOR IRAQ RECONSTRUCTION

The Office of the Special Inspector General for Iraq Reconstruction (SIGIR) oversees the majority of the $40 billion of U.S. taxpayer funds meant for Iraq reconstruction. The SIGIR is a notable 

success amid the numerous failures of reconstruction efforts. Recent SIGIR investigations and initiatives include establishing a 

database to monitor all Iraq contracts, undertaking a comprehensive analysis of the reconstruction program, and pursuing waste 

fraud and abuse of Iraqi funds under US management during the 

Coalition Provisional Authority governorship of Iraq. 

The SIGIR has proven its value, and Congress acknowledged this 

last year when it extended its authorization. However, the Majority 

has inexplicably decided to exempt the $1.7 billion for reconstruction and development assistance for Iraq in this bill from the 

SIGIR’s oversight. Without the SIGIR, it is not clear who would be 

the watchdog over American taxpayer dollars. The USAID IG only 

has eight staff in Iraq. The State Department IG has not staff in 

Iraq. The SIGIR has 100 staff in Iraq. An amendment offered by 

Representative Lowey would have allowed the SIGIR oversight of 

these new reconstruction funds. It was defeated by the Republican 

Majority on a party line vote. 

CONCLUSION

The Democratic amendments offered in Committee were common-sense proposals to improve our nation’s security and the quality of life for Americans. A responsible Congress would have found 

a way to support these suggested improvements to the bill. 

DAVE OBEY. 


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ADDITIONAL VIEWS OF HON. MARTIN OLAV SABO 

Regardless of how one feels about Dubai Ports World’s attempt 

to acquire U.S. port terminal operations, the deal shined a bright 

spotlight on the obscure process by which the Bush Administration 

analyzes critical U.S. industry takeovers by foreign entities. 

We now know that the Administration appeared to be sleepwalking, instead of conducting a rigorous national security review 

of the DP World transaction to acquire shipping terminals at six 

major U.S ports. The President and the secretaries of Homeland 

Security, Treasury and Defense were unaware of the deal until DP 

World issued a press release announcing it. 

In fact, the foreign investment review process may be less rigorous today than for reviews that took place before 9/11. The last 

port operation takeover examined prior to 2001 appears to have 

taken twice as long as the analysis of the proposed Dubai acquisition. It also appears that some critical foreign takeover transactions in recent years may not even have been reviewed by the 

Bush Administration. 

The Committee approved overwhelmingly an amendment to kill 

the DP World port terminal acquisition. However, I am disappointed that it did not address the larger, underlying problem of 

the broken foreign investment review process. I offered an amendment to strengthen this process to analyze, review and approve or 

disapprove of foreign takeover transactions. 

My amendment, which was defeated by a 35 to 30 vote, would 

have strengthened the current review process in the following 

ways: 

• By requiring all foreign transactions that could result in foreign control of any person engaged in interstate commerce to 

undergo a full CFIUS (Committee on Foreign Investment in 

the United States) review. Today, foreign firms voluntarily notify us of these transactions. I believe notification must be 

mandatory to ensure that our government knows about all of 

them. 

• By requiring the President to approve or disapprove of all 

transactions. Today, if the President takes no action the transaction is automatically approved. 

• By making the full 75-day review automatic. Current practice allows most transactions to be reviewed within 30 days, 

with an additional 45 days only if flags are raised. 

• By requiring that Congress be notified of Presidential approvals, and providing for Congress to overturn decisions within 30 days by a joint resolution. Today, Congress is notified of 

a CFIUS transaction only when the President disapproves one. 

• By requiring a report to Congress within 90 days of foreign 

ownership of all US critical infrastructure. Today, no one really 


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knows how much of our critical infrastructure is in the hands 

of foreign companies and foreign governments. 

Failing to fix the inherent flaws in the CFIUS review process 

could leave our nation in a vulnerable security posture in the future. We shouldn’t take that chance. 

Fixing CFIUS is only part of the solution, however. Congress 

should also provide additional resources to more quickly close the 

many homeland security gaps that we know terrorists would like 

to exploit. I also offered an amendment to provide $3.4 billion in 2006 to 

beef up port, aviation, transit and border security and improve terrorism and disaster preparedness. My amendment, which was defeated by a party line vote of 27–34, would have strengthened our 

nation’s security in the following ways: • By providing more customs agents and equipment at all 

overseas ports that ship directly to the US. Today, only 42 of 

the 140 overseas ports that ship directly to the US have this 

system in place. 

• By installing radiation detectors at the top 42 overseas ports, 

compared to the 13 planned for by the Department of Energy, 

and at all of our land borders. 

• By increasing Coast Guard inspections of foreign and domestic ports and by funding port security projects that the Captains of the Ports believe are top priorities. 

• By updating flood maps in high risk locations and improving 

our nation’s emergency communication back-up capabilities. • By improving the capabilities of our emergency responders 

and firefighters. 

• By assessing and improving the preparedness of our localities with more exercises. 

• By correcting some of the most catastrophic transit security 

deficiencies. 

• By increasing the number of airports where both air cargo 

and passengers are more likely to be screened for explosives. 

• By expanding air patrolling and surveillance of our borders. 

No one can disagree that we should make these homeland security investments. The question is WHEN. I believe we should 

strengthen our defenses now. Apparently, the Republican Congress 

and the White House think we can wait. I hope the American people will not suffer consequences because of their decision to delay. 

MARTIN OLAV SABO. 

Æ 


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