The House is scheduled to begin consideration of H.R. 2892, the Department of Homeland Security Appropriations Act for Fiscal Year 2010, on Wednesday, June 23, 2009, under a structured rule making a number of amendments in order.  A summary of the amendments made in order under the rule will be distributed when it becomes available.  The rule will likely provide for one motion to recommit, with or without instructions.

Department of Homeland Security Funding in Millions
FY 2009	President's Request	H.R. 2892	FY 2009 vs. H.R. 2892	H.R. 2892 vs. Request
42,050	42,829	42,625	595	-204*

 

H.R. 2892 contains a total of $42.6 billion, which is $595 million, or 1.4 percent, above FY 2009. Agencies funded through the bill received approximately $3 billion in supplemental appropriations outside the normal FY 2009 appropriations process, the vast majority of which came from the "stimulus" bill.

H.R. 2892 would contribute to an overall total discretionary spending level of with a total spending level of $1,089.6 trillion, or 7.6 percent over FY 2009. From FY 2007 to FY 2009, overall total appropriations spending has increased 41 percent in just two years, and non-defense spending has increased 85 percent. The Committee report accompanying H.R. 2892 also includes 160 earmarks totaling more than $265 million.

H.R. 2892 would provide funding for a number of agencies, including the Secret Service, U.S. Customs and Border Protection (CBP), the Transportation Security Administration (TSA), Immigration and Customs Enforcement (ICE), the Coast Guard, and the Federal Emergency Management Agency (FEMA). The following is a summary of the spending highlights and other provisions in the bill.

*H.R. 2892 includes $241 million in overseas contingency operations funding which was not requested. The Majority includes the additional funding level in their comparisons to the President's request, allowing the Majority to present a smaller reduction from the request.

TITLE I—DEPARTMENTAL MANAGEMENT AND OPERATIONS

Office of the Secretary:  Provides $147 million for the Office of the Secretary of Homeland Security, which is $24 million above FY 2009.                                                        
 
Undersecretary for Management:  Provides $268 million for the Undersecretary for Management of the DHS, which is $76.8 million above FY 2009.  The undersecretary provides administrative support and human resources services for the DHS.

Chief Financial Officer:  Provides $63 million for the Chief Financial Officer of the DHS, which is $8.2 million above FY 2009.
                                                                                        
Chief Information Officer:  Provides $299 million for the Chief Information Officer of the DHS, which is $76.8 million above FY 2009, to oversee all DHS information technology.

Analysis and Operations:  Provides $345 million for DHS Analysis and Operations, which is $18 million above FY 2009.  This provides funding for the Office of Intelligence and Analysis and the Directorate of Operations Coordination, which collect and evaluate intelligence information.

TITLE II—SECURITY, ENFORCEMENT, AND INVESTIGATIONS

U.S. Customs and Border Protection Expenses:  Provides a total of $9.9 billion for U.S. Customs and Border Protection (CBP) salaries and expenses, which is $146 million above FY 2009. CBP is responsible for preventing and deterring threats along U.S. borders or at ports.  The CBP’s main focus is stopping terrorists, weapons, drugs, or other contraband from entering the U.S.  Funding for salaries and expenses supports border security administration, inspections, cargo screening, detection technology, border security staff, and training.  CBP received $980 million in supplemental appropriations from the “stimulus” bill.

In addition to $7.6 billion for salaries and expense, the bill provides funding for other CBP programs as follows:

➢    $462 million for Automation Modernization to update information technologies,  $48 million below FY 2009.
➢    $732 million for Border Fencing, Infrastructure, and Technology,  $43 million below FY 2009.
➢    $513 million for Air and Marine Border Protection, $14 million below FY 2009.
➢    $682 million for CBP facilities management,  $279 million above FY 2009.

Immigration and Customs Enforcement:  Provides a total of $5.4 billion for Immigration and Customs Enforcement (ICE), which is $439 million above FY 2009, but $29.7 million below the President’s request.  ICE is the lead federal agency responsible for immigration and customs law and enforcement.  The bill provides $105 million for ICE information technology modernization and $11.8 million for construction.  The bill would allocate $1.5 billion for efforts to identify undocumented individuals with criminal records and deportation.  Funding in the bill also provides for investigations, legal proceedings, intelligence, visa security programs, and detention, custody and removal operations.  ICE received $20 million in supplemental appropriations from the “stimulus” bill.

Federal Protective Service:   Provides $1.1 billion for Federal Protective Services (FPS), which is an increase of $475 million over FY 2009.  FPS provides protection at federally owned or operated buildings and facilities.

Transportation Security Administration:  Provides $5.26 billion for Transportation Security Administration (TSA) Aviation Security, which is an increase of $511 million over FY 2009.  The funding provides for screening personnel, training and equipment.  TSA received $1 billion in supplemental appropriations for explosives detection systems and checkpoint screening equipment from the “stimulus” bill.

In addition to aviation security, the bill provides funding for other transportation security programs as follows:
➢    $103 million for Surface Transportation Security, $53.8 million above FY 2009.
➢    $171 million for Transportation Threat Assessment, $55 million above FY 2009.
➢    $992 million for Transportation Security Support, $45 million above FY 2009.
➢    $860 million for Federal Air Marshals, $40 million above FY 2009.

Coast Guard Expenses:  Provides $6.8 billion for the U.S. Coast Guard's salaries and expenses, which is $627 million above FY 2009.  Funding for salaries and expenses provides for Coast Guard administration, pay and allowance, health care, recruitment, maintenance, training, and ongoing operations.  The Coast Guard received $140 million in supplemental appropriations from the “stimulus” bill.

In addition to salaries and expenses, the bill provides funding for other Coast Guard programs as follows:

➢    $13 million for Coast Guard Environmental Compliance and Restoration, $198,000 above FY 2009.
➢    $133 million for Coast Guard Reserve Training, $3 million above FY 2009.
➢    $1.347 billion for Coast Guard Acquisition, Construction, and Improvements, $147 million less than FY 2009.
➢    $10 million for the alteration of bridges, $6 million less than FY 2009.  However, the Coast Guard received $142 million, or 1,420 percent, more than FY 2010, for bridge alterations in the “stimulus” bill.
➢    $19.7 million for Coast Guard research, development, tests, and evaluations, $1.7 million above FY 2009.
➢    $261 million for the Coast Guard Retiree Health Care Fund, $3.6 million above FY 2009.
➢    $1.36 billion for the Coast Guard Retired Pay, $48 million above FY 2009.

Secret Service:  Provides $1.4 billion for salaries and expenses, which is $48 million above FY 2009.  In addition, the bill provides $3.97 million for acquisition and construction, which is $250,000 less than FY 2009.

TITLE III—PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY

Infrastructure Protection and Information Security:  Provides $883 million for Infrastructure Protection and Information Security (IPIS), which is an increase of $76 million increase over FY 2009.  The IPIS works within the DHS to reduce infrastructure vulnerability and oversees the National Cyber Security Division.

US Visitor and Immigrant Status Indicator Technology:   Provides $351 million for the U.S. Visitor and Immigrant Status Indicator Technology program, U.S.-VISIT, which is an increase of $51 million over FY 2009.  The program attempts to encourage and facilitate travel and trade.

Federal Emergency Management Agency Administration:  Provides $844 million for the Federal Emergency Management Agency (FEMA) management and administration, which is $7 million above FY 2009.  $35 million would be obligated to resolve employee pay shortfalls, which have occurred as a result of “lax hiring and budgeting guidelines at FEMA,” according to the Committee on Appropriations.  FEMA received $615 million in supplemental appropriations from the “stimulus” bill.

State and Local Programs:  Provides $2.89 billion for State and Local Assistance and Grant Programs, which his $276 million below FY 2009.  Local grants and aid made available with this funding includes the State Homeland Security Grant Program, the Citizen Corps program, Real ID grants, Port Security Grants, Bus Security Assistance, and the natural disaster exercise program.  These programs received $300 million in supplemental appropriations from the “stimulus” bill.

Firefighter Assistance Grants:  Provides $800 million for Firefighter Assistance Grants that are provided to local fire departments, which is $25 million over FY 2009.  The program received $210 million in supplemental appropriations from the “stimulus” bill.

Emergency Management Performance Grants:  Provides $330 million for the Emergency Management Performance Grant (EMPG) program, which is $15 million above FY 2009.  The program provides State and local grants for disaster mitigation and preparedness programs.  The program is the only FEMA grant program that requires matching funds from State and local governments.

Disaster Relief fund:  Provides $2 billion for FEMA disaster relief funding, which is an increase of $600 million over FY 2009.   The fund received $13.1 billion in FY 2008, and received $1.4 billion thus far in FY 2009, mostly through emergency appropriations to respond to natural disasters.

Flood Maps and Fund:  Provides $220 million, the same amount as FY 2009, to modernize and digitize over 100,000 of the nation's flood maps, which are used to calculate risk-based premiums for the National Flood Insurance Program.  The bill also appropriates $159 million for the National Flood Insurance Fund, which is $2.8 million over FY 2009.

Emergency Food and Shelter:  Provides $200 million, the same amount as FY 2009, for FEMA’s Emergency Food and Shelter National Board Program, which received $100 million in supplemental appropriations from the “stimulus” bill.

TITLE IV—RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES

U.S. Citizenship and Immigration Services:  Provides $248 million for U.S. Citizenship and Immigration Services, which is $146 million above FY 2009. 

Federal Law Enforcement Training Center:  Provides $239 million for the Federal Law Enforcement Training Center, which is $7 million less than FY 2009.  The bill also provides an additional $43 million for Federal Law Enforcement Training Center construction, which is $43 million less than FY 2009.

DHS Science and Development:  Provides $825 million for DHS research, development, and acquisitions, which is $25 million above FY 2009.  In addition, the bill appropriates $142 million for DHS science and technology spending, which is $10 million above FY 2009.

Nuclear Detection:  Provides $39 million for the Domestic Nuclear Detection Office, which is $2 million above FY 2009, and $326 million for Nuclear Detection research and development, which is $3 million above FY 2009.

TOTAL FUNDING LEVELS IN THOUSANDS

COST

According to the CBO, H.R. 2892 would appropriate $42.65 billion in funds for FY 2010.

H.R. 2892 is being considered under a structured rule (H.Res. 573). Each amendment is debatable for ten minutes. The Rule also allows the chair to reduce vote lengths to two minutes and prohibits demands for a division of the question. Under the Rule, only the Chairman of the Appropriations Committee may make a motion to rise and motions to strike the last word are prohibited.

Following the Democrat's decision to shut down the amendment process, the Rules Committee made in order a maximum of 14 of the 91 amendments that were offered.

Nine amendments are made in order under the bill. Up to five additional amendments (from a pool of 14) may be offered by Rep. Flake (R-AZ) and Rep. Campbell (R-CA) or their designees. In short, the Democrats are allowing only up to 14 of the 91 amendments, many of which were designed to limit spending.

BACKGROUND

Amendments Made in Order

 

Part A:  Manager's Amendment.

1) Rep. Price (D-NC):  The Manager's Amendment adjusts the funding level for a number of programs and adds three amendments that limit the use of funds in the bill.

•  Reduces funds for the Secretary of Homeland Security's executive management by $17 million, from $147 million to $130 million.

•  Reduces funds for the Office of the Under Secretary for Management by $5.9 million, from $268.7 million to $262.8 million.

•  Increases funds for U.S. Customs and Border Protection salaries and expenses by $4.9 million, from $7.576 billion to $7.581 billion.

•  Increases funds for State and local grant and assistance programs by $7 million, from $2.829 billion to $2.836 billion.

•  Increases funds for the Urban Area Security initiative by $3 million, from $887 million to $890 million.

•  Increases funds for Metropolitan Medical Response System by $4 million, from $40 million to $44 million.

•  Increases funds for Citizen Corps Program by $10 million, from $15 million to $25 million.

•  Increases funds for certain Firefighter Assistance Grants by $10 million, from $380 million to $390 million.

•  States that none of the funds in bill may be used to close or transfer the operations of FEMA's Florida Long Term Recovery office in Orlando, FL.

•  States that none of the funds in bill may be used for first-class travel by agency employees.

•  States that none of the funds in bill may be used to impose any negative personnel actions against an employee for using protective equipment, such as surgical masks or gloves.

Part B:  Amendments made in order under the bill, which must be offered at the appropriate point in the reading of the bill.

1) Rep. Bilirakis (R-FL):  Increases funding for Immigration and Customs Enforcement (ICE) salaries and expenses by $1.7 million and decreases funds for the Office of the Secretary and Executive Management by the same ammount.  The additional ICE funds would be used for the Visa Security Program.

2) Rep. Duncan (R-TN):  Maintains FY 2009 funding ($819 million) for the Federal Air Marshals.  The funding would increase to $860 million under the bill.

3) Rep. King (R-IA):  Decreases and increases funds for U.S. Customs and Border Protection (CBP) by $1 million in order to direct the funds toward removing lookout posts along the U.S. and Mexico border.

4) Rep. King (R-IA):  Prohibits funds in the bill from being used to employ any undocumented illegal workers, as defined by the Immigration and Nationality Act.

5) Rep. Lewis (R-CA):  Reduces funds for the Office of the Secretary and Executive Management by $6 million; reduces funds for the Under Secretary for Management by $14 million; reduces funds for the Chief Financial Officer by $3 million; and reduces funds for the Chief Information Officer by $18 million.   The bill increases funding for the CPB by $34 million to fund 200 additional Border Patrol agents.

6) Rep. Neugebauer (R-TX):  Reduces the overall spending in the bill by $2.755 billion through a number of reductions.  Many of the reductions reflect sums that these agencies received from the "stimulus" bill.

•  Reduces funding the Office of Under Secretary for Management by $200 million.

•  Reduces funding for the Office of Inspector General by $5 million.

•  Reduces funding for CPB salaries and expenses by $160 million.

•  Reduces funding for CPB fencing and technology by $100 million.

•  Reduces funding for CPB facilities management by $420 million.

•  Reduces funding for ICE technology and automation modernization by $20 million.

•  Reduces funding for TSA Aviation Security by $1 billion.

•  Reduces funding for Coast Guard Acquisition and Construction by $98 million.

•  Reduces funding for FEMA's State and local grant and assistance programs by $300 million.

•  Reduces funding for FEMA's Firefighter Assistance Grants by $210 million.

•  Reduces funding for FEMA's Emergency Food and Shelter program by $100 million.

7) Rep. Poe (R-TX):  Increases funds for the National Predisaster Mitigation Fund by $32 million and reduces funds for FEMA's Management and Administration by $32 million.

8) Rep. King (R-NY):  Increase funding for the Domestic Nuclear Detection Office's research, development, and operations by $50 million, from $326 million to $376 million.  Reduces funds for the Office of the Secretary and Executive Management by $5 million and the Office of the Under Secretary for Management by $45 million.

Part C:  Up to four of the following 11 amendments may be offered by Rep. Flake or his designee.

1) Rep. Flake (R-AZ):  Strikes $800,000 in earmarked funds for Global Solar in Arizona, for portable solar charging rechargeable battery systems, and reduces the overall amount of the appropriation by the same amount.

2) Rep. Flake (R-AZ):  Strikes $10 million in earmarked funds for the National Institute for Hometown Security in Kentucky, and reduces the overall amount of the appropriation by the same amount.

3) Rep. Flake (R-AZ):  Strikes $1 million in earmarked funds for the Long Island Forum for Technology in New York for a homeland security research, development, and manufacturing pilot program, and reduces the overall amount of the appropriation by the same amount.

 

4) Rep. Flake (R-AZ):  Prohibits funds from being used for an earmark for the City of Kannapolis, North Carolina, from FEMA's National Predisaster Mitigation Fund.

 

5) Rep. Flake (R-AZ):  Prohibits funds from being used for an earmark for the Harris County Flood Control District in Texas, from FEMA's National Predisaster Mitigation Fund.

 

6) Rep. Flake (R-AZ):  Prohibits funds from being used for an earmark for the City of Los Angeles, California, from FEMA's National Predisaster Mitigation Fund.

 

7) Rep. Flake (R-AZ):  Prohibits funds from being used for an earmark for the City of Emeryville, California, from FEMA's National Predisaster Mitigation Fund.

 

8) Rep. Flake (R-AZ):  Prohibits funds from being used for an earmark for the Town of Shelter Island, New York, from FEMA's National Predisaster Mitigation fund.

 

9) Rep. Flake (R-AZ):  Prohibits funds from being used for an earmark for the Orange County Fire Authority, California, from FEMA's National Predisaster Mitigation fund.

 

10) Rep. Flake (R-AZ):  Strikes every earmark for emergency operations centers through FEMA's State and Local Programs account.

 

11) Rep. Flake (R-AZ):  Prohibits $1 million in earmarked funds for SEARCH, Sacramento, California, for interoperable communications, technical assistance and outreach programs, and reduces the overall amount of the appropriation by the same amount.

 

Part D:  One of the following three amendments may be offered by Rep. Campbell or his designee.

 

1) Rep. Campbell (R-CA):  Strikes $1 million in earmarked funds for SEARCH, Sacramento, California, for interoperable communications, technical assistance and outreach programs, and reduces the overall amount of the appropriation by the same amount.

 

2) Rep. Campbell (R-CA):  Prohibits $800,000 in earmarked funds for Global Solar in Arizona, for portable solar charging rechargeable battery systems, and reduces the overall amount of the appropriation by the same amount.

 

3) Rep. Campbell (R-CA):  Prohibits $3.5 million in funds for the Cyber Security Test Bed and Evaluation Center, and reduces the overall amount of the appropriation by the same amount.

 

The House is expected to consider H.R. 2647 under a structured rule. H.R. 2647 was introduced on June 2, 2009, by Rep. Ike Skelton (D-MO). The House Armed Services Committee ordered the bill to be reported, as amended, on June 16, 2009.

H.R. 2647 sets a comprehensive annual defense policy and authorizes budget authority for the Department of Defense (DoD) for Fiscal Year 2010.  The legislation authorizes $550.4 billion for standard operations of the DoD (and $2.5 billion for Department of Energy national security programs), as well as $130 billion for funding ongoing military operations in Iraq and Afghanistan.

The funding level in this bill is slightly more than the President's request and 4 percent over the current level.  However, due to certain programs once funded in the supplemental now being included in the base budget, this legislation represents real growth of less than two percent.  A summary of the major provisions in H.R. 2647 is below:

Iraq Policy:  The bill requires the Secretary of Defense to report on the redeployment of U.S. troops out of Iraq, as well as whether military equipment in Iraq and Afghanistan.  H.R. 2647 prohibits the use of funds to establish permanent bases in Iraq.

Troop Levels:  H.R. 2647 authorizes the President's request for increased troop levels.  Specifically, the legislation authorizes 15,000 additional Army troops, 8,000 more Marines, 14,650 more Air Force personnel, and 2,477 Navy sailors.

Military Pay Raise:  The legislation provides an average 3.4 percent pay increase for military personnel in Fiscal Year 2010.  This is 0.5 percent more than the President's request of 2.9 percent.

Afghanistan and Pakistan:  The bill provides $7.3 billion to train and equip the Afghan national security forces while authorizing the Pakistan Counterinsurgency Fund to aid the capabilities of Pakistan's security forces.  Additionally, H.R. 2647 would establish a registration and monitoring system for all defense articles provided to the governments of Afghanistan and Pakistan.

National Guard and Reserves:  The legislation authorizes $6.9 billion for new equipment for National Guard and reserve units; an increase of $600 million over the President's request.

Additionally, the bill would expand TRICARE (military health insurance) coverage to reserve component members and their families for 180 days prior to mobilization.  Currently, reserve members are eligible 90 days before mobilization.

Special Operations:  The bill provides nearly $9 billion for Special Operations forces-an increase of $308 million to address the command's unfunded requirements.  These funds will support the Special Operation Command's counterterrorism mission.

Chemical and Biological Defense:  H.R. 2647 authorizes the President's request of $1.6 billion for Chemical and Biological Defense programs.

Force Protection Equipment:  H.R. 2647 provides $5.5 billion for Mine Resistant Ambush Protected (MRAP) vehicles, $1.5 billion for up-armored Humvees, $1.3 billion to upgrade Abrams tanks and Bradley fighting vehicles, and $1.4 billion for improvised explosive device (IED) jammers.

Aircraft:  The bill provides $369 million for the advance procurement of 12 additional F-22 fighters.  H.R. 2647 also authorizes $6 billion for 28 F-35 Joint Strike Fighters and $1.2 billion for nine F/A-18 E/F Super Hornets, including $108 million in advance procurement for additional Super Hornets to support a multiyear procurement.

Ships:  The legislation provides $1.4 billion for the Littoral Combat Ship, $1.1 billion for the LPD-17 San Antonio­-class amphibious ship, $1.1 billion for the DDG-1000, the Navy's next-generation surface combat ship, and $2.3 billion for the restart of the DDG-51 destroyer program.

Future Combat System:  H.R. 2647 authorizes $2.5 billion for the Future Combat System-the Army's next generation of combat vehicles and weapons systems.

Quality of Life Improvements:  H.R. 2647 includes $450 million for Army barrack improvements and $762 million for base facilities and infrastructure maintenance. 

H.R. 2647 would also provide $2 billion for military family housing programs and require DoD to review the standards used to calculate monthly rates for housing allowances to determine if the current standards are sufficient.

The bill would also establish a monthly compensation allowance for catastrophically injured service members to receive assistance from a non-medical attendant.  Finally, the bill establishes a DoD nursing school to help alleviate nursing shortages in the military.

Military Construction:  The legislation provides $13.6 billion for service-wide military construction projects for Fiscal Year 2010.

Defense Environmental Cleanup:  H.R. 2647 would provide about $5 billion for environmental defense cleanup projects.

Base Closures:  The bill provides $7.1 billion for the 2005 Base Realignment and Closure (BRAC) activities.

Cybersecurity:  H.R. 2647 would establish a process for addressing hardware or software vulnerabilities to defense information technology systems.    The bill also would require DoD to establish a joint program office within Acquisition, Technology and Logistics to better coordinate the acquisition of cyber capabilities across the Department.

BACKGROUND

The House Armed Services Committee approved H.R. 2647 on June 16 by a vote of 61-0.  The bill contains 651 earmarks, which are listed in the Committee Report. 

According to Republican Members of the Committee, "We support H.R. 2647 and feel that it reflects our committee's strong and continued support for the brave men and women of the United States armed forces.  In many ways, this bill is a good bill...we also recognize this bill is not a perfect bill."  Members may have the following concerns with H.R. 2647:

Missile Defense:  The base bill includes a $1.2 billion funding cut for missile defense.  At markup, Democrats defeated an amendment which would have restored that funding.  Several other amendments to restore funding for related missile defense components were rejected.  On the day of markup, President Obama noted that a nuclear-armed North Korea would be a "grave threat" to the world.  Iran has also demonstrated a capability and intent to pursue long-range ballistic missile and nuclear weapons programs earlier this year.

Military Personnel:  At Committee markup, the Majority rejected a Republican amendment to fund payments to military surviving spouses by repealing the so-called "widow's tax", provide full concurrent receipt of retirement pay and disability benefits for all military retirees, and allow access to TRICARE (military health plan) for National Guard and Reserve members who receive early retirement.  The amendment was deficit-neutral.

Guantanamo:  At Committee markup, Democrats defeated a GOP amendment that would have prohibited the transfer or release of Guantanamo Bay detainees into the U.S.  The Majority also voted down an amendment that would have required approval of State governors and legislatures before transferring any detainees into their States.  Instead, the bill includes weaker language which allows the release or transfer of detainees if the President submits a plan to Congress and consults with State officials.

Freedom of Information Act Photos:  The Majority denied consideration of a Republican amendment that  would have prohibited the release of photos showing detainee abuse, because the Committee on Oversight and Government Reform would not waive jurisdiction over the issue.  The President and military commanders on the ground have determined that releasing such photos would put the safety of U.S. forces in Iraq and Afghanistan at greater risk.

Davis-Bacon Expansion in Guam:  H.R. 2647 specifies that wage rates paid for military construction projects carried out on Guam may not be less than those paid for similar projects done in Hawaii, where the prevailing wage is significantly higher than on Guam.  This provision would increase wage rates on Guam by 153 percent.  According to CBO, this provision alone will cost $2.1 billion in Fiscal Year 2010 and $10.2 billion over ten years.

 

COST

The Congressional Budget Office (CBO) estimates that H.R. 2647 provides $681 billion for Fiscal Year 2010, subject to appropriations.

The House is scheduled to begin consideration of H.R. 2647, on Wednesday, June 24, 2009, under a structured rule making 69 amendments in order. These amendments may be considered en bloc under the rule.

The rule provides for one hour of debate and one motion to recommit. Amendments are subject to two minute voting. In addition, the rule would amend the bill by adding the text of H.R. 2990 to the end of the bill upon engrossment.

The underlying legislation was introduced by Rep. Ike Skelton (D-MO) on June 2, 2009

 

1)    Rep. Skelton (D-MO):  Makes technical changes and extends the deadline from 30 days to 90 days for a report to Congress on reading Miranda rights to detainees (Section 1036).  This amendment also disaggregates Navy and Marine Corps procurement in Section 1505 to bring it into line with similar disaggregation for Army and Air Force procurement.

2)    Reps. McKeon (R-CA) and Skelton (D-MO):  Expresses the sense of Congress that the Honorable John M. McHugh has served the House of Representatives and the American people selflessly and with distinction and that he deserves the gratitude of Congress and the Nation.

3)    Reps. McGovern (D-MA), Jones (R-NC), and Pingree (D-ME):  Requires the Secretary to report to Congress, not later than December 31, 2009, on an exit strategy for military forces participating in Operation Enduring Freedom.

4)    Reps. McGovern (D-MA), Sestak (D-PA), Bishop (D-GA), and Lewis (D-GA):  Require public disclosure of students and instructors at the Western Hemisphere Institute for Security Cooperation.

5)    Rep. Hastings (D-FL):  Prohibits the recruitment, enlistment, or retention of individuals associated or affiliated with groups associated with hate-related violence against groups or persons or the government. 

While the likely intent of this amendment is to address recent reports regarding neo-Nazi enlistment in the military (see this recent Salon.Com article), some Members may be concerned that the broad language in the amendment would allow the Attorney General to consider pro-life groups (and other similar organizations) as radical hate groups.  As was evidenced by a recent Department of Homeland Security report that labeled pro-life activism as a sign of violent "rightwing extremism," the record of the current Administration may be mixed when it comes to determining what groups may be covered under the language of this amendment.  Some Members may be concerned that the amendment includes in the definition of hate group "other groups or organizations that are determined by the Attorney General to be of a violent, extremist nature," giving the Administration full authority over what constitutes a hate group. 

6)    Rep. Hastings (D-FL): Provides statutory authority for the International Committee of the Red Cross (ICRC) to have access to detainees at Bagram Air Base in.  Additionally, the head of a military service or federal agency that has custody of a detainee at Bagram Air Base would have to notify the ICRC upon the detention of an individual.

7)    Reps. LoBiondo (R-NJ), Delahunt (D-MA), Coble (R-NC):  Authorizes civil legal assistance for Coast Guard reservists.

8)    Rep. Loretta Sanchez (D-CA):  Allows the Air Force Secretary to establish a nonprofit Air Force Academy Athletic Association to support the Academy's athletic programs.

9)    Reps. Franks (R-AZ), Cantor (R-VA), Sessions (R-TX), Broun (R-GA), and Roskam (R-IL):  Provides that it is policy of the U.S. to continue missile defense testing, and increases funding for the Missile Defense Agency by $1.2 billion, with offsetting reductions coming from environmental defense cleanup.

10)  Rep. Kratovil (D-MD):  Modifies the progress report for security and stability in Afghanistan by requiring information on agreements with NATO ISAF and non-NATO ISAF countries on mutually-agreed upon goals, strategies to achieve such goals, resource and force requirements, and commitments for troop and resource levels.

11)  Rep. Kratovil (D-MD):  Allows federal facilities to receive financial incentives from statewide agencies, Independent System Operators, or third party entities for energy efficiency and energy management measures undertaken by the federal facility.

12)  Rep. Turner (R-OH):  Limits funds authorized for reduction in U.S. strategic nuclear forces pursuant to a treaty with Russia to situations where the treaty provides methods for verifying compliance, the treaty does not limit ballistic missile defense or space capabilities of the United States, and the National Nuclear Security Administration budget is sufficiently funded.

13)  Rep. Bright (D-AL):  Allows U.S. Special Operations Command (SOCOM) to procure special operations-specific material and supplies for units engaged in Overseas Contingency Operations by using certain non-competitive procedures to secure follow-on contracts for the same items.

14)  Rep. Adler (D-NJ):  Requires the Secretary to report to Congress on the potential foreign military sales of the Littoral Combat Ship (LCS).  The report would include a detailed analysis of the costs, timeline, benefits and drawbacks of building and selling the Littoral Combat Ship to foreign allies.

15)  Reps. Akin (R-MO and Forbes (R-VA):  Requires the Secretary to submit to Congress a report on any non-disclosure agreements signed by DoD employees regarding their official duties (except those relating to security clearances).  The report would describe topics covered by the agreements, the number of employees required to sign such agreements, the duration of agreements, the types of persons covered, reasons for requiring such agreements, and the criteria for determining such information should not be disclosed.

16)  Rep. Bishop (D-GA):  Broadens the potential funding authority of the Department of Defense's Office of Economic Adjustment to include development of public infrastructure.

17)  Reps. Blumenauer (D-OR) and Brown-Waite (R-FL):  Requires the Secretary to develop methods to account for the full life-cycle costs of munitions, including the effects of failure rates on the cost of disposal, and to report to Congress recommendations for reducing these costs, unexploded ordnance, and munitions-constituent contamination.

18)  Rep. Brown-Waite (R-FL):  Expands the eligibility for the Army Combat Action Badge to those soldiers who served during the dates ranging from December 7, 1941, to September 18, 2001, if the Secretary determines that the person has not been previously recognized in an appropriate manner for such participation.

19)  Rep. Cohen (D-TN):  Requires the Secretary to report to Congress on the potential effects of expanding the list of persons who may be designated by a member of the Armed Forces as the person authorized to direct disposition of the remains of the member of the Armed Forces.

20)  Rep. Connolly (D-VA):  Provides that Section 526 of the Energy Independence and Security Act of 2007, does not prohibit an agency from entering into a contract to purchase a fuel that is not a synthetic fuel or predominantly produced from a non-conventional petroleum source if the contract does not specifically require such a fuel, the purpose of the contract is not to obtain such a fuel, and the contract does not provide incentives for upgrading or expanding refineries to increase fuel from non-controversial petroleum sources.

21)  Reps. Connolly (D-VA), Nye (D-VA), and Perriello (D-VA):  Protects service members and their families from early termination fees on family cellular plans if they have to relocate out of the service area due to deployment or change of station orders.  Make protections in the Leases of Premises section of the Service members Civil Relief Act consistent with those in the Leases of Motor Vehicles section. 

22)  Rep. Costa (D-CA):  Requires the Secretary to carry out a study and report on the distribution of hemostatic agents to ensure each branch of the military is complying with their own policies on hemostatic agents. 

23)  Rep. Cummings (D-MD):  Expands the military leadership diversity commission to include reserve component representatives.

24)  Rep. Cummings (D-MD):  Requires the Secretary to provide embarked military personnel on board U.S.-flagged vessels carrying Government-impelled cargoes in regions at high risk of piracy.

25)  Rep. Davis (R-KY):  Requires the President to commission a study and report on the development of "national security professionals" across departments and agencies in order to provide personnel proficient in planning and conducting national security interagency operations.

26)  Rep. DeFazio (D-OR):  Requires DoD to study the total number of subcontractors used on the last five major weapons systems in which acquisition has been completed and determine if fewer subcontractors could have been more cost effective. 

27)  Reps. DeLauro (D-CT), Courtney (D-CT), McMahon (D-NY), and Teauge (D-NM):  Requires the Secretary to conduct a demonstration project, at two military installations, to assess the feasibility and efficacy of providing service members with a post-deployment mental health screening conducted in person by a mental health provider.

28)  Rep. Driehaus (D-OH):  Requires GAO to submit a report to Congress on the impact of domestic violence in families of members of the Armed Forces on the children of such families and information on progress being made to ensure such children receive adequate care and services.

29)  Rep. Flake (R-AZ):  Requires the Secretary to report to Congress on the competitive processes used to award earmarks listed in the joint explanatory statement for the Fiscal Year 2008 defense appropriations bill.  If competitive processes were not employed in making such awards, the decision-making process and justifications as to why should be cited in the report.

30)  Rep. Grayson (D-FL):  Requires within 90 days of enactment that GAO submit a report to Congress on cost overruns in the performance of DoD contracts for Fiscal Years 2006 through 2009, including identification of the contractor and the covered contract involved, the cost estimate of the covered contract, and the cost overrun for the covered contract.

31)  Reps. Hare (D-IL), Braley (D-IA), Tonko (D-NY), and Murphy (D-NY):  Extends the authorization for the Arsenal Support Program Initiative through Fiscal Year 2011 (the existing authority is set to expire in 2010).

32)  Rep. Hodes (D-NH):  Requires the Office for Reintegration Programs to establish a program to provide National Guard and Reserve members, their families, and their communities with training in suicide prevention and community healing and response to suicide.

33)  Rep. Holden (D-PA):  Requires the Secretaries of the Army, Navy, and Air Force to design and issue a Combat Medevac Badge to be awarded to service members who served on or after June 25, 1950, as pilots or crew members on helicopter medical evacuation ambulances and who meet the requirements for the award of that badge.

34)  Rep. Holt (D-NJ):  Requires the videotaping of all military interrogations, and would set out certain security classifications.  The Secretary would develop uniform guidelines for such videotaping.

35)  Rep. E.B. Johnson (D-TX):  Amends a report on health care of military family members to include the need for and availability of mental health care services with respect to dependents accompanying a member stationed at a military installation outside of the United States.

36)  Rep. Lee (D-CA):  Prohibits the establishment of permanent military bases in Afghanistan. 

37)  Rep. Lipinski (D-IL):  Expresses the sense of Congress that it reaffirms its support for the recovery and return of the remains of members of the Armed Forces killed in battle during World War II in the battle of Tawara Atoll.  Encourages the Department to pursue new efforts to recover and return such remains.

38)  Rep. Maloney (D-NY):  Requires the Secretary to submit periodic reports to Congress on progress with respect to the Defense Incident-Based Reporting System.

39)  Reps. Maloney (D-NY) and Honda (D-CA):  Establishes an Overseas Voting Advisory Board that would conduct studies, issue reports, and have hearings on the abilities of and obstacles to overseas voting, the successes and failures of the Federal Voting Assistance Program (FVAP) under the Department of Defense, and any administration efforts to increase overseas voter participation.  Authorizes such sums as may be necessary to the Board for Fiscal Year 2010 and subsequent years.

40)  Rep. Minnick (D-ID):  Directs the Secretary to submit to Congress a report on health care accessibility for members of the Armed Services in rural areas, including policy or resource recommendations to improve access to health care for such individuals.

41)  Rep. Sarbanes (D-MD):  Requires GAO to convene a Procurement Professionalism Advisory Panel to study the ethics, competence, and effectiveness of acquisition personnel and the procurement process.

42)  Rep. Schakowsky (D-IL):  Grants access for Congress to the database of information regarding the integrity and performance of certain persons awarded federal contracts and grants created by the Fiscal Year 2009 National Defense Authorization Act.

43)  Rep. Schakowsky (D-IL):  Imposes additional reporting requirements for inventory relating to contracts for services which would require an annual estimation of how many dollars each contracting officer is responsible for, as well as a report on how many contracting officers are themselves contract employees.  This reporting requirement would begin in 2011.

44)  Rep. Schrader (D-OR):  Requires the Secretary, with respect to service members exposed to potentially harmful material or contaminants as determined by the Secretary, to notify the member or (in the case of a reservist) the State military department of the exposure and any associated health risks.

45)  Rep. Smith (R-NJ):  Requires GAO to report to Congress on a cost analysis and audit of the Navy's security measures in advance of the proposed occupancy by the general public of units of the Laurelwood Housing complex on Naval Weapons Station, Earle, New Jersey.

46)  Rep. Smith (R-NJ):  Requires the Department to report on its actions to prevent intra-familial international abductions affecting military parents and on its actions to assist military parents seeking the return of their abducted children.

47)  Rep. Souder (R-IN):  Clarifies that the restriction on obligation of funds for Army tactical radio systems only affects prospective Fiscal Year 2010 funds and there is no presumption that this affects prior year funding.

48)  Rep. Space (D-OH):  Requires the VA Secretary to develop and implement a secure electronic method of forwarding the DD Form 214 (release or discharge from active duty) to appropriate offices.  The VA Secretary also would ensure that the information provided is not disclosed or used for unauthorized purposes and may cease forwarding the forms if problems arise.

49)  Rep. Thompson (D-CA):  Allows the Navy to convey the Ferndale Housing facility of the now closed Centerville Beach Naval Facility to the City of Ferndale, California, at fair market value for the use of providing housing for low- and moderate-income seniors and families.

50)  Rep. Taylor (D-MS):  Authorizes the Navy to enter into a lease agreement with the Maritime Administration if it takes possession of the Hulakai and Alakai High Speed Ferries due to a loan guarantee default.

51)  Rep. Tierney (D-MA):  Requires the Secretary to report on proposed radars when reporting on whether a missile defense system has demonstrated a high probability of operating successfully.

52)  Rep. Tierney (D-MA):  Directs the Secretary to commission a report from the JASON Defense Advisory Panel on the technical and scientific feasibility of missile defense discrimination capabilities as designed and conceived.

53)  Rep. Van Hollen (D-MD):  Expresses the sense of Congress that multiple methods are available to the Defense Department to implement the defense access roads program in the vicinity of the National Naval Medical Center in Bethesda, Maryland, to alleviate traffic congestion.

54)  Rep. Walz (D-MN):  Requires the Secretary to submit to Congress a report on the progress that has been made on the establishment of a Joint Virtual Lifetime Electronic Record for members of the Armed Forces to improve the quality of medical care and create integration between the Department of Defense and the Department of Veterans Affairs.

55)  Rep. Weiner (D-NY):  Requires GAO to report to Congress on the costs incurred by cities and other municipalities that elect to cover the difference between an employee's military service when that employee is a member of a reserve component and called to active duty and the municipal salary of the employee.

56)  Rep. Whitfield (R-KY):  Requires a report on post-traumatic stress disorder to include the effectiveness of alternative therapies in the treatment of post-traumatic stress disorder, including the therapeutic use of animals.

57)  Rep. Griffith (D-AL):  Expresses the sense of Congress that the Secretary should consider the role of ballistic missile defenses during the Quadrennial Defense Review and the nuclear posture review.

58)  Rep. Wilson (R-SC):  Would recognize State defense forces as integral military components of the homeland security effort, while reaffirming that such forces remain entirely State regulated and will be used for homeland security purposes exclusively at the local level under state law.  It also would permit the Secretary to transfer excess property and equipment to state defense forces.

59)  Rep. Holt (D-NJ):  Requires the Secretary to ensure that members of the Individual Ready Reserve (IRR) who have served at least one tour in either Iraq or Afghanistan receive at least quarterly counseling calls from properly-trained personnel to determine the IRR member's emotional, psychological, medical, and career needs so long as the covered service member is in the IRR.  When necessary, at-risk members would be referred for immediate evaluation and treatment by qualified mental health service providers.

60)  Rep. Garrett (R-NJ):  Expresses the sense of Congress in support of the State of Israel and that the United States should work with Israel to ensure it receives military assistance, including missile defense capabilities, needed to address the threat of Iran.

61)  Reps. Kirk (R-IL) and Larsen (D-WA):  Provides the Secretary with the authority to provide a bonus to a service member who agrees to serve in Afghanistan for six years, or until U.S. forces withdraw from that country.  This authority would expire in 2012.

62)  Rep. Sestak (D-PA):  Would provide for the treatment of autistic children of military personnel under TRICARE.  The amendment would increase funding for TRICARE by $50 million and reduce Army communications funds by $25 million, Navy communications by $15 million, and Research Development Test & Evaluation funds by $10 million.

63)  Reps. Bishop (D-NY) and Shea-Porter (D-NH):  Requires the Secretary to prohibit the disposal of medical and hazardous waste in open-air burn pits for any period longer than 12 months during a contingency operation.  It also would require the Secretary to submit a report on the use of such burn pits.

64)  Reps. Blumenauer (D-OR) and Brown-Waite (R-FL):  Provides that the Secretary shall include funding levels for Military Munitions Response Program and Installation Restoration Program in the budget submission, as well as report on progress of such programs in the Defense Environmental Program's submission to Congress.

65)  Reps. Castor (D-FL) and Bilirakis (R-FL):  Would give members of the Armed Forces serving in combat operations a free monthly postal voucher they can transfer to individuals who can then send a letter or package to them at no cost.  Members of the Armed Forces could also choose to donate their vouchers to charitable organizations.  Of funds authorized for Army operation and maintenance, up to $50 million would be available for these postal benefits.  Offsetting reductions are provided from Army Claims, System-Wide Navy Communications, and System-Wide Air Force Communications.

66)  Rep. McDermott (D-WA):  Requires the Secretary to publish a map showing mineral-rich areas and areas under the control of armed groups in the Democratic Republic of the Congo.  The map would be updated every 180 days until the Secretary certifies that no armed party is involved in the mining, sale, or export of minerals.

67)  Rep. Adam Schiff (D-CA):  Would allow federally-funded research and development centers affiliated with the National Aeronautics and Space Administration to respond to Department of Defense agency announcements.

68)  Del. Bordallo (D-GU):  Would add to the base bill the text of H.R. 44, the "Guam World War II Loyalty Recognition Act."  The House passed this legislation on February 23, 2009, by a vote of 299-99.  It would authorize appropriations to residents of Guam for victims and the survivors of victims, depending upon the severity of injuries.  The awards range from $7,000-$25,000.  The bill would authorize the appropriation of $126 million to make these payments.  In addition, the bill allows the Secretary of the Interior to establish a grant program for any organization or individual wishing to memorialize the acts committed on Guam during the occupation.   $5 million is provided to carry out this program.

69)  Rep. Grayson (D-FL):  Requires that the cost or price to the federal government be given at least equal importance as technical or other criteria in evaluating competitive proposals for defense contracts, and would require the Secretary to report to Congress and post on the Internet a list of each waiver issued by the head of an agency during the preceding fiscal year.

 

The House is expected to consider H.R. 2990, under suspension of the rules, requiring a two-thirds majority vote. H.R. 2990 was introduced on June 23, 2009, by Rep. Ike Skelton (D-MO).

The rule for H.R. 2647 (the National Defense Authorization Act for Fiscal Year 2010) provides that the text of this bill would be incorporated into that authorization legislation upon engrossment.

 

Retired Pay Benefits:  H.R. 2990 would adjust retired military pay and grade for reserve members who are recalled to active status and who complete at least two years of service in active status.  These adjustments would be retroactive to January 1, 2008.

The bill would also expand for nine months (January through September 2010) the eligibility for concurrent receipt of both military retired pay and veterans' disability compensation for all Chapter 61 disability retirees, regardless of their disability rating or years of service.

Compensation and Benefits for Service Members:  H.R. 2990 would extend for one year certain bonus and special pay authorities for reserve forces, health care professionals serving in the Selected Reserve, as well as nuclear officers.  Additionally, the bill would extend for one year certain authorities for special pay, incentive pay and bonuses for military personnel.  This includes hazardous duty pay, reenlistment bonuses, referral bonuses, skill incentive pay, and retention incentives for service members assigned to high priority units.

Federal Employee Benefits:  H.R. 2990 would provide that federal employees receive credit for unused sick leave when determining annuity if they have not been paid for those days.  The bill also enables federal employees to deposit refunds of retirement deductions with interest under the Federal Employees Retirement System (FERS).  Additionally, certain District of Columbia employees who transfer to federal employment would be eligible for federal retirement credit.

Oil and Gas Funding Source Repeal:  The bill would amend the Ultra-Deepwater and Unconventional Natural Gas and Other Petroleum Research Fund created by the Energy Policy Act of 2005.  This fund currently is made up of federal royalties, rents, and bonuses derived from federal onshore and offshore oil and gas leases issued under the Outer Continental Shelf Lands Act and the Mineral Leasing Act.  H.R. 2990 would redirect these funds to offset the compensation and benefits provided under the bill.

 

BACKGROUND

This legislation seeks to expand the number of military "Chapter 61" retirees-a reference to the section of the U.S. Code covering the military disability retirement plan-that would be allowed to receive their full military retired pay plus veterans' disability compensation. This is a change from current law in which retirement pay is typically reduced dollar-for-dollar by any amount received in disability compensation.

COST

The Congressional Budget Office (CBO) has not yet produced a cost estimate for H.R. 2990.