WikiLeaks Document Release
                http://wikileaks.org/wiki/CRS-RS22455
                                               February 2, 2009



                        Congressional Research Service
                                       Report RS22455
   Military Operations: Precedents for Funding Contingency
   Operations in Regular or in Supplemental Appropriations
                             Bills
                      Stephen Daggett, Foreign Affairs, Defense, and Trade Division

                                                 June 13, 2006

Abstract. Since the terrorist attacks of September 11, 2001, Congress has appropriated $331 billion for military
operations in Afghanistan, Iraq, and elsewhere. Of that amount, $301 billion, or 91%, has been provided either
in supplemental appropriations bills or as additional "emergency" funding in separate titles of annual defense
appropriations acts. A recurring issue in Congress has been whether funding for ongoing military operations -
such as those in Iraq, Afghanistan, and elsewhere - should be provided in supplemental appropriations bills and
in additional "emergency" accounts, or should instead be considered as part of regular annual defense budget
requests. This report briefly reviews the main precedents, including funding for the Korean conflict, the Viet-
nam conflict, the Persian Gulf War of 1990-1991, and various smaller military contingency operations in the 1990s.
                                                                                                                         Order Code RS22455
                                                                                                                                June 13, 2006



                                            CRS Report for Congress
                                                            Received through the CRS Web


                                             Military Operations: Precedents for Funding
                                              Contingency Operations in Regular or in
                                                  Supplemental Appropriations Bills
                                                                          Stephen Daggett
                                                                   Specialist in National Defense
                                                            Foreign Affairs, Defense, and Trade Division
http://wikileaks.org/wiki/CRS-RS22455




                                        Summary

                                                  Since the terrorist attacks of September 11, 2001, Congress has appropriated $331
                                            billion for military operations in Afghanistan, Iraq, and elsewhere. Of that amount, $301
                                            billion, or 91%, has been provided either in supplemental appropriations bills or as
                                            additional "emergency" funding in separate titles of annual defense appropriations acts.
                                                 A recurring issue in Congress has been whether funding for ongoing military
                                            operations -- such as those in Iraq, Afghanistan, and elsewhere -- should be provided
                                            in supplemental appropriations bills and in additional "emergency" accounts, or should
                                            instead be considered as part of regular annual defense budget requests.
                                                 This report briefly reviews the main precedents, including funding for the Korean
                                            conflict, the Vietnam conflict, the Persian Gulf War of 1990-1991, and various smaller
                                            military contingency operations in the 1990s. It will be updated as events warrant.


                                             Since the terrorist attacks of September 11, 2001, Congress has appropriated,
                                        according to CRS calculations, $331 billion to the Department of Defense (DOD) for
                                        military operations in Afghanistan, Iraq, and elsewhere.1 Congress is now considering an
                                        additional $66 billion for such operations in a pending FY2006 supplemental
                                        appropriations bill (H.R. 4939).

                                              Of the $331 billion provided to date, $301 billion, or 91%, has been provided either
                                        in supplemental appropriations bills or as additional "emergency" funding in separate
                                        titles of annual defense appropriations acts. In all, Congress has approved 9 bills
                                        providing emergency funding for military operations since 9/11. The remaining $30




                                        1
                                         See CRS Report RL33110, The Cost of Iraq, Afghanistan, and Other Global War on Terror
                                        Operations Since 9/11, by Amy Belasco, Table 3.

                                                   Congressional Research Service ~ The Library of Congress
                                                                                     CRS-2

                                        billion has been provided either as part of regular annual appropriations for the
                                        Department of Defense or by transfer from regular DOD budget accounts.2

                                             A recurring issue in Congress has been whether funding for ongoing operations --
                                        such as those in Iraq, Afghanistan, and elsewhere -- should continue to be provided in
                                        supplemental appropriations bills and in additional "emergency" accounts, or should
                                        instead be considered as part of regular annual defense budget requests. This would
                                        require that the Administration provide the usual extensive budget justification material
                                        prepared in support of regular defense requests, and it would make funding subject to the
                                        usual oversight that Congress carries out in the normal defense authorization and
                                        appropriations process.3

                                             One element of the debate has been what the precedents are. This report briefly
                                        reviews the main precedents, including funding for the Korean conflict, the Vietnam
                                        conflict, the Persian Gulf War of 1990-1991, and smaller military contingency operations
                                        in the 1990s. In brief, the precedents are as follows:

                                             !   Supplementals have been the most frequent means of financing the initial
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                                                 stages of military operations.4

                                             !   In general, however, past Administrations have requested, and Congress
                                                 has provided, funding for ongoing military operations in regular
                                                 appropriations bills as soon as even a limited and partial projection of
                                                 costs could be made.

                                             !   In Vietnam, the Johnson Administration requested supplemental
                                                 appropriations of $700 million for FY1965 and then submitted a budget
                                                 amendment for $1.7 billion for the regular FY1966 defense
                                                 appropriations bill. Subsequently, substantial funding was requested and
                                                 provided in regular appropriations bills for FY1967 and FY1968, and
                                                 additional funding was also provided in supplemental appropriations.
                                                 The amounts the Johnson Administration requested in regular
                                                 appropriations bills in those years were sufficient to cover projected costs
                                                 of operations for only part of the fiscal year on the premise that additional
                                                 costs were uncertain. The FY1967 request was based on the official



                                        2
                                         Ibid., Table A1 shows $22.5 billion provided in regular appropriations bills and $8.6 billion
                                        provided through transfers.
                                        3
                                         The FY2005 and FY2006 defense appropriations acts both included provisions expressing the
                                        Sense of the Senate that funding for ongoing operations should be requested and provided in
                                        regular defense funding bills. See Section 8138 of the FY2005 defense appropriations act, P.L.
                                        108-287 and Section 8117 of the FY2006 defense appropriations act, P.L. 109-148. Also, for
                                        several years, defense appropriations acts have included a provision requiring that the President's
                                        budget request include separate budget justification documents for costs of military contingency
                                        operations -- see Section 8100 of the FY2006 defense appropriations act.
                                        4
                                         CRS reviewed initial funding for military operations from World War II through Kosovo in
                                        Stephen Daggett, "Budgeting for Wars in the Past," CRS Congressional Distribution Memo,
                                        March 27, 2003. It is available to congressional offices on request.
                                                                                      CRS-3

                                                   premise that the war might be successfully concluded by the end of the
                                                   fiscal year. When costs grew, supplementals were requested.

                                               !   In the early 1990s, funding for ongoing operations in Southwest Asia and
                                                   in Bosnia was provided in supplementals rather than in regular
                                                   appropriations bills. In the FY1996 defense appropriation act, however,
                                                   Congress directed the Administration to include subsequent funding for
                                                   ongoing military contingency operations in its requests for regular
                                                   defense appropriations funding. The Clinton Administration complied
                                                   with this directive. Although operations in Kosovo were initially funded
                                                   with supplemental appropriations, funds for ongoing missions, including
                                                   Kosovo after the initial stages, were requested in regular DOD budget
                                                   submissions.

                                             Brief summaries of funding for the Korean conflict, the Vietnam conflict, and
                                        operations in the 1990s follow.

                                        Korea
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                                             Following the outbreak of the war in Korea, Congress provided supplemental
                                        appropriations of $32.8 billion for the Department of Defense for FY1951, which covered
                                        costs of operations in Korea and also of a general world-wide buildup of military forces.
                                        In FY1952, almost all of the funding for operations in Korea was provided in regular
                                        appropriations, except for $1.4 billion, which was a deficiency appropriation for
                                        operations in Korea provided on June 28, 1952, after the end of the fiscal year.5 For
                                        FY1953, Congress provided all funds for operations in Korea in regular defense
                                        appropriations bills.

                                           Table 1 shows the breakdown of total Department of Defense Appropriations for
                                        FY1951-FY1953 between regular and supplemental appropriations.

                                                   Table 1. Regular and Supplemental DOD Appropriations
                                                         During the Korean Conflict , FY1951-FY1953
                                                                         (billions of then-year dollars)

                                                                       Regular                Supplemental                 Total
                                               Fiscal Year
                                                                     Appropriations           Appropriations           Appropriations
                                            1951                                    13.0                     32.8                  45.8
                                            1952                                    55.2                       1.4                 56.6
                                            1953                                    44.3                           0               43.3

                                        Note: DOD appropriations only -- does not include military construction.
                                        Source: Department of Defense Comptroller.




                                        5
                                         Deficiency appropriations were common in the 1940s and 1950s but have not been since then.
                                        They provided funds for accounts that had overspent appropriated amounts in prior years.
                                                                                  CRS-4

                                             The following is a chronology of funding for the Korean conflict from FY1951
                                        through FY1953 (the totals may not add exactly to the amounts reported in the table above
                                        because of later rescissions, transfers, etc.).

                                             FY1951

                                             !   September 22, 1950 (cleared Congress): First supplemental
                                                 appropriations for FY1951. Provided $11.7 billion for DOD and $4
                                                 billion for military assistance for the Korean conflict.

                                             !   January 2, 1951 (cleared Congress): Second supplemental appropriations
                                                 for FY1951. Provided $16.8 billion for DOD and $1.8 billion for the
                                                 strategic stockpile, mostly for Korea costs.

                                             !   May 28, 1951 (cleared Congress): Fourth supplemental appropriations for
                                                 FY1951. Provided $6.4 billion for DOD for Korea.

                                             FY1952
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                                             !   October 12, 1951 (cleared Congress): Regular DOD appropriations for
                                                 FY1952. Provided $56.9 billion, including funds for costs of the war.

                                             !   June 28, 1952 (cleared Congress): Urgent deficiency appropriations for
                                                 FY1952. Provided $1.4 billion for DOD, almost entirely for war costs.

                                             FY1953

                                             !   July 5, 1952 (cleared Congress): Regular DOD appropriations for
                                                 FY1953. Provided $46.6 billion, including funds for costs of the war.


                                        Vietnam
                                              For Vietnam, the Johnson Administration requested, and Congress provided, funding
                                        for the war in regular defense appropriations bills as soon those bills were on the calendar,
                                        even before full and accurate estimates of costs could be projected. Subsequently, the
                                        Johnson and Nixon Administrations also requested, and Congress provided, supplemental
                                        appropriations for operations in Southeast Asia for FY1966, FY1967, FY1968, and
                                        FY1969, when costs exceeded the initial estimates. From FY1970 through the end of the
                                        war, funding was provided only in regular appropriations bills.

                                              Table 2 provides a year-by-year estimate of costs, an estimate of the amounts
                                        initially provided for the war in regular appropriations bills (as reported by Congressional
                                        Quarterly), and amounts provided in supplemental appropriations.
                                                                                             CRS-5

                                                            Table 2. Methods of Funding the Vietnam Conflict
                                                                                (billions of then-year dollars)

                                                       Annual Cost
                                                                        Regular         Supplemental
                                                        (from DOD                                                         Notes/Comments
                                                                        Approps.          Approps.
                                                       Comptroller)
                                        FY1965                  $0.7              --                $0.7 --
                                        FY1966                 $14.9             $1.7              $12.3 $1.7 billion in regular bill requested as budget
                                                                                                         amendment.
                                        FY1967                 $17.7           $10.3               $12.2 Regular bill included sufficient funds for the
                                                                                                         estimated costs of SEAsia operations on the
                                                                                                         assumption that the conflict would end by June
                                                                                                         30, 1967, though the amount was not specified.
                                        FY1968                 $19.3           $20.0                $3.8 Regular bill included sufficient funds for
                                                                                                         estimated costs of SEAsia operations through
                                                                                                         December 1968.
                                        FY1969                 $19.8            $25.5               $1.3 Amount for SEAsia in regular bill estimated.
                                        FY1970                 $14.4            $23.2                -- Amount for SEAsia in regular bill estimated.
                                        FY1971                  $9.6    $15.0 - $20.0                -- Amount for SEAsia in regular bill estimated.
                                        FY1972                  $7.0              All                -- Amounts for SEAsia not separately identified.
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                                        FY1973                  $5.2              All                -- Amounts for SEAsia not separately identified.
                                        FY1974                  $1.3              All                -- Amounts for SEAsia not separately identified.
                                        FY1975                  $0.3              All                -- Amounts for SEAsia not separately identified.

                                        Sources: CRS from Congressional Quarterly, CQ Almanac, annual editions; Department of Defense Annual Reports
                                        to Congress, FY1966-FY1969; Department of Defense Comptroller (for annual cost data). FY1967 regular
                                        appropriations from U.S. Bureau of the Budget, The Budget of the United States Government for the Fiscal Year Ending
                                        June 30, 1967, January 24, 1966.

                                        Note: The amounts shown as being provided in regular appropriations bills are estimates made at the time by the
                                        Congressional Quarterly based on information from the Department of Defense and congressional committees. Those
                                        estimated amounts do not correlate directly with costs of the war that were compiled later by the DOD Comptroller.

                                                   The following is a chronology of funding for operations in Southeast Asia.

                                                   !    In May of 1965, the Administration first asked for, and Congress provided,
                                                        a $700 million supplemental.

                                                   !    In the summer of 1965, the Administration requested, and Congress
                                                        agreed to, a budget amendment of $1.7 billion for Vietnam in the then-
                                                        pending regular FY1966 defense appropriations bill.

                                                   !    In January of 1966, as troop levels in Southeast Asia were climbing, the
                                                        Administration requested a supplemental of $12.3 billion for the
                                                        remainder of FY1966 and regular appropriations for operations in
                                                        Southeast Asia of $10.3 billion for FY1967. Both were requested when
                                                        the FY1967 budget was submitted. The premise of the FY1967 request
                                                        was that operations might be successfully concluded by the end of the
                                                        fiscal year, although it was widely expected that an increase in the number
                                                        of troops deployed to Vietnam would be needed.

                                                   !    Later, the Johnson and Nixon Administrations requested funding for
                                                        operations in Southeast Asia in the regular appropriations bills for FY1968
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                                                 and FY1969 and later requested additional supplemental appropriations
                                                 for specific unfunded costs.

                                             !   Subsequently, funding for operations in Southeast Asia was provided only
                                                 in regular, not in supplemental, appropriations bills.

                                              In sum, in the case of Vietnam, the Johnson Administration asked for emergency
                                        supplementals at the onset of the war, but also requested funds in regular appropriations
                                        bills as soon as those bills were on the congressional agenda, even though troop levels were
                                        in flux and the duration of the conflict was not foreseen.

                                        Later Overseas Contingency Operations
                                             Persian Gulf War of 1990-1991: The bulk of funding for the first Persian Gulf War
                                        was provided in supplemental appropriations of $42 billion for FY1991. Costs declined
                                        rapidly after combat operations were over, so additional funds were not needed, either in
                                        supplemental or in regular appropriations bills.
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                                            Somalia, Southwest Asia, Haiti, Bosnia, Kosovo: In the early 1990s, operations in
                                        Somalia, Southwest Asia (including Operations Provide Comfort, Southern Watch, and
                                        Northern Watch), Haiti, and Bosnia were funded annually in successive supplemental
                                        appropriations acts.

                                             In action on the FY1996 defense appropriations bill, however, Congress decided to
                                        include funding for ongoing operations in Southwest Asia in regular appropriations bills
                                        rather than in supplementals, and it directed the Administration to request funding for
                                        ongoing military operations in regular bills in the future.6

                                            Subsequently, in the FY1997 defense budget and in later requests, the Clinton
                                        Administration included funding for ongoing operations, including operations in Southwest
                                        Asia and in Bosnia, in the regular defense budget. In action on the FY1997 defense
                                        appropriations bill, Congress established a transfer fund, called the Overseas Contingency
                                        Operations Transfer Fund (OCOTF), appropriated funds for operations in Bosnia into the
                                        OCOTF, and required reports on transfers from the fund.

                                            Later, funding for operations in Kosovo was initially provided in supplemental
                                        appropriations bills, but, as soon as an ongoing peacekeeping operation was underway,
                                        Administrations requested and Congress provided funding in regular defense
                                        appropriations bills.




                                        6
                                          For a detailed discussion of the congressional mandate that funding for ongoing operations be
                                        provided in regular appropriations bills, and the Clinton Administration's response, see Stephen
                                        Daggett, "Funding for Military Contingency Operations in the Regular Defense Appropriations
                                        Bills in the 1990s," CRS Congressional Distribution Memo, April 6, 2005. Available to
                                        congressional offices on request.