LegiStorm

Summary:

Early on the morning on October 7, 2004, a conference agreement on the FY2005 defense authorization bill ( H.R. 4200 ) was announced. The House approved the conference agreement by a vote of 359-14 on October 8, and the Senate approved it by unanimous consent on October 9. The President signed the bill into law ( P.L. 108-375 ) on October 23. On the key issues, conferees rejected a House provision to delay military base closures; authorized purchases, but not leasing, of Boeing KC-767 or other refueling aircraft; increased statutory caps on Army and Marine Corps active duty end-strength in FY2005 by 23,000; rejected a House provision that would limit purchases of defense goods from nations that require offsets for purchases of U.S. weapons; and increased benefits for 62-and-older survivors of military retirees. Earlier, on July 22, 2004, both the House (by a vote of 410-12) and the Senate (by a vote of 96-0) approved a conference agreement on the FY2005 defense appropriations bill ( H.R. 4613 ). The President signed the bill into law ( P.L. 108-287 ) on August 5, 2004. The conference agreement provides $391.2 billion for regular Department of Defense programs, about $1.7 billion below the Administration request, $25 billion in emergency funds for operations in Iraq and Afghanistan, $685 million for State Department operations in Iraq, $95 million for assistance to refugees in Sudan and Chad, $500 million for fire fighting, $50 million for security at the party conventions, and $26 million for a federal judiciary shortfall. Later, the energy and water appropriations bill, included in the consolidated appropriations bill ( H.R. 4818 ), rescinded $300 million in regular FY2005 defense appropriations. The appropriations conference agreement resolves what was, perhaps, the major defense issue in Congress this year: whether to provide additional funds for ongoing operations in Iraq and Afghanistan. On May 12, after considerable prodding from Congress, the Administration requested $25 billion to cover costs for the next few months. The key issue in Congress then became how much flexibility to grant the Defense Department in allocating the funds. None of the congressional defense committees agreed to the Administration request for full funding flexibility. The conference agreement on the appropriations bill provides $3.8 billion of the funds in a flexible transfer account, of which $1.8 billion is for classified programs, leaving $2 billion available for unforseen expenses. The remainder is provided in regular defense appropriations accounts subject to standard procedures requiring advance congressional approval if funds are shifted between accounts. The appropriations conference report also resolves a number of major weapons issues. It makes substantial cuts in a few high-profile weapons programs, including the Space-Based Radar and the Transformational Communications Satellite. It approves funding to begin construction of the Navy DD(X) destroyer and Littoral Combat Ship. One other major defense policy issue was resolved in action on the energy and water appropriations bill. In floor votes on the defense authorization bill, both the House and the Senate rejected amendments to eliminate funds for the Robust Nuclear Earth Penetrator nuclear warhead and new low-yield nuclear weapons development. The conference agreement on the energy and water appropriations bill, however, following the House, eliminates funds for both programs.