Fiscal Year 2004 Security Assistance Legislation and Funding Allocations

Article excerpt


Each year, the Defense Institute of Security Assistance Management (DISAM) Journal publishes a summary and analysis of the legislation that impacts U.S. security assistance. In this issue, we present the twentieth in a series of annual studies of the major pieces of legislation with references to security assistance and related programs. This report is intended to alert all security assistance community members to the collective changes in legislation that will influence program planning and implementation for the coming year. The report is in outline format with key topics highlighted to facilitate locating specific statutory references. This report will also include tables showing the levels of funding for the affected countries and programs. This is possible because of the timely receipt of the security assistance funding portions of the Department of State report for the allocation of foreign operations funding submitted to Congress on March 5, 2004 in accordance with Section 653(a), Foreign Assistance Act (FAA).

Because of the continuing political and military efforts required for the global war on terrorism (GWOT), the war operations in Iraq, peacekeeping and reconstruction efforts in both Iraq and Afghanistan, and the continued economic recovery in the U.S.; fiscal year (FY) 2004 marks the third year in a row that the required annual foreign operations appropriations legislative actions by the Congress and subsequent funding allocations by the Administration were not completed until the second quarter of the affected fiscal year. Fiscal year 2004 is the third year in a row that an emergency supplemental appropriation affecting security assistance or security assistance-related programs was required. Of note, the emergency supplemental appropriation for FY 2004 was legislated and enacted November 6, 2003 two months before the annual foreign operations appropriation on January 23, 2004. Because of budgetary considerations, FY 2004 also marks the fourth of the last five years that a last minute across-the-board rescission (reduction) of appropriated funding was applied, with FY 2002 being the exception.

The FY 2004 security assistance program also experienced for the first time since FY 2000 a gap in funding authorization legislation. The Security Assistance Act of 2000, Public Law (EL.) 106-280, 6 October 2000, provided authorizations for FY 2001 and FY 2002 and the Security Assistance Act of 2002, Division B, EL. 107-228, 30 September 2002, provided funding authorizations for FY 2003. H.R. 1950 was introduced and passed by the House to provide for, inter alia, security assistance funding authorizations for FY 2004 and was forwarded to the Senate on July 17, 2003. S.1161 was introduced and reported out of the Senate Foreign Relations Committee (SFRC) on May 29, 2003 to provide for security assistance along with other foreign assistance funding authorizations for FY 2004. The Senate took no further action on either H.R. 1950 or S.1161.

The Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2004, was passed and enacted as Division D of the Consolidated Appropriations Act, 2004, EL. 108 199, January 23, 2004. Division H, Section 168 (b), of the same P.L. 108-199 directed an across-the-board rescission of 0.59 percent to all FY 2004 appropriations, but exempting the earlier enacted two Department of Defense (DOD) FY 2004 appropriations, P.L. 108-87 and P.L. 108-132, and the FY 2004 emergency supplemental appropriations, P.L. 108-106.

Table 1 displays the original security assistance funding request by the Administration. For comparison, it also shows the House and Senate proposals with the initial appropriation for each of the four programs as provided by Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2004, Division D, P.L. 108-199, January 23, 2004. Later tables will display how each program and country programs were affected by the later rescission of 0. …