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. 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 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 scheduled to begin consideration of H.R. 2996, the Department of the Interior, Environment, and Related Agencies Appropriations Act 2010, on Thursday, June 25, 2009, under a structured rule (H.Res. 578) making up to 13 amendments in order.  A summary of the amendments made in order under the rule will be distributed shortly.  The rule provides for one hour of debate and one motion to recommit, with or without instructions.

H.R. 2996 contains a total of $32.3 billion, which is $4.66 billion, or 17 percent, above FY 2009.  Agencies funded through the bill also received $10.9 billion in supplemental appropriations from the "stimulus" bill, for a combined total increase of 39 percent above the FY 2009 appropriation.  In total, the bill received $38 billion in FY 2009.

Much of the spending increase in the bill is a result of a large funding boost for the Environmental Protection Agency (EPA).  The bill provides $10.46 billion for the EPA, which is an increase of $2.8 billion, or 38 percent over the FY 2009 appropriation.  In addition, the EPA received $7.2 billion in supplemental appropriations from the "stimulus" bill.  The Committee report accompanying H.R. 2996 also includes 350 earmarks totaling more than $150 million. 

H.R. 2996 would contribute to an overall total discretionary spending level of $1.09 trillion, or 7.6 percent over FY 2009.  From FY 2007 to FY 2009 non-defense spending has increased 85 percent.  H.R. 2996 would provide funding for a number of agencies, including the Department of Interior (DOI), the EPA, the Forest Service, the Bureau of Land Management (BLM), the National Park Service, the U.S. Fish and Wildlife Service, the Indian Health Service, the National Endowment for the Arts (NEA) and the Smithsonian.  The following is a summary of the spending highlights and other provisions in the bill.

TITLE I-DEPARTMENT OF INTERIOR

Bureau of Land Management:  Provides $1.119 billion for the BLM, $80 million or 7.6 percent above FY 2009.  BLM oversees approximately 258 million acres of federal land and an additional 700 million acres of subsurface mineral rights.  Funding for the BLM includes $950 million for land management and $26 million for the acquisition of new land, exclusively in western States.

U.S. Fish and Wildlife:  Provides $1.636 billion for the U.S. Fish and Wildlife Service (FWS), $196 million or 13.6 percent above FY 2009.  FWS manages approximately 150 million acres of specially restricted federal land in the National Wildlife Refuge System tasked with conserving fish and wildlife.  The bill includes $20 million for FWS to serve in a new climate change adaptive science capacity and $67 million for the acquisition of new land.

National Park Service:  Provides $2.724 billion for the National Park Service (NPS), $168 million or 6.1 percent above FY 2009.   The bill provides $2.26 billion for the operation of the National Park System and $542 million for capital improvements and maintenance.  According to CRS, NPS faces an estimated $9 billion maintenance backlog on the property the agency currently controls.  The bill also provides $36 million for new land acquisition.

U.S. Geological Survey:  Provides $1.106 billion for the U.S. Geological Survey (USGS), which is $62 million above FY 2009.  USGS gathers information to provide scientific classifications of public lands and mineral resources.

Bureau of Indian Affairs:  Provides $2.55 billion for the Bureau of Indian Affairs (BIA), which is $182 million above FY 2009.   The BIA provides services directly or through contracts, grants, or compacts to 562 federally recognized tribes with a service population of about 1.9 million American Indians.  Funding is provided for, among other things, administration, construction, salaries, additional field employees.

TITLE II-ENVIRONMENTAL PROTECTION AGENCY

Science and Technology:  Provides $850 million for EPA science and technology programs, an increase of $60 million or 8 percent over FY 2009.  Funding for science and technology includes $17 million for the greenhouse gas registry program, which is an increase of $11 million or 183 percent.

Environmental Programs and Management:  Provides $3.022 billion for the EPA's Environmental Programs and Management account, which is an increase of $630 million or 26 percent over FY 2009.  The funding for environmental programs and management is $81 million above the President's request.  The funding includes $475 million for a new Great Lakes Restoration Initiative within the EPA's Great Lakes National Program Office.

Hazardous Substance Superfund:  Provides $1.307 billion for the Hazardous Substance Superfund, which is an increase of $22 million over FY 2009.  The bill would add the Brookfield Avenue Landfill in Staten Island, New York to the EPA's National Priority List as a Superfund Site

State and Tribal Grant Assistance:  Provides $5.073 billion for EPA's State and Tribal grant program, which is an increase of $2.247 billion or 76 percent.  The funding includes $2.307 billion for grants for the Clean Water State Revolving Funds, which is an increase of $1.618 billion or 235 percent.  These significant increases contribute to the $10.46 billion appropriation for the EPA, an increase of $2.8 billion, or 38 percent over the FY 2009 appropriation. 

TITLE III-RELATED AGENCIES

U.S. Forest Service:  Provides $5.423 billion for the Department of Agriculture's (USDA) Forest Service, which is $678 million or 14 percent above FY 2009.  The Forest Service oversees the management of nearly 500 million acres of non-federal forests in the U.S.  Funding for the U.S. Forest Service provides $2.252 billion for Wildland Fire Management through the Forest Service (in addition to Wildland Fire funds for the DOI).  The funding is $121 million above FY 2009.  The funds include $693 million for fire preparedness and $1.129 billion for suppression.  In addition, the funding for the Forest Service includes $1.564 billion for the National Forest Service, $55 million above FY 2009.  The bill also provides $30.7 million for the Urban Forestry program and $36 million for land acquisition.

Indian Health Service:  Provides $4.053 billion for Indian Health Services, an increase of $471 million or 13 percent over FY 2009.  The program provides health and dental services to American Indians and provides $194 million for the Alcohol and Substance Abuse program. 

Smithsonian:  Provides $774 million for the Smithsonian Institute $43 million or 6 percent above FY 2009.  The funding includes $140 million for facilities and $20 million for the design of the new National Museum of African American History and Culture.

National Gallery of Art:  Provides $167 million for the National Gallery of Art, which is $44 million or 36 percent above FY 2009.

National Endowment for the Arts:  Provides $170 million for the National Endowment for the Arts (NEA), distributing taxpayer subsidies for private, for-profit arts programs.  The funding represents an increase of $15 million or 10 percent over FY 2009.   The bill provides the same level of funding for the National Endowment for Humanities, which makes taxpayer funded grants to support research, education, and public programs in the humanities.

OTHER PROVISIONS OF NOTE

Guantanamo Bay Detainees:  States that none of the funds in the bill may be used to release a Guantanamo Bay detainee in the U.S.   The bill also states that none of the funds may be used to transfer a Guantanamo Bay detainee into the U.S. until two months after the President submits a plan to Congress which includes:

•  Any risk to national security posed by transferring the detainee to the U.S.

•  The cost of not transferring the detainee.

•  The legal rational for the transfer.

•  A certification by the President that any risk has been mitigated.

•  A certification by the President that the Governor or Legislature in the State where the detainee is being transferred were notified at least 30 days prior to the transfer.

OCS:  The legislation does not reinstate a ban on offshore oil and gas drilling that expired in 2006.

Climate Change:  Provides $420 million in cross-agency climate change funding, which is an increase of $189 million or 82 percent above FY 2009.

Unconventional Gas Research Fund:  Prohibits funds from being used for the Ultra-Deepwater and Unconventional Natural Gas and Other Petroleum Research Fund, which 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.

Overall Interior and Environment Spending in MIllions

COST

According to the CBO, H.R. 2996 would appropriate $32.300 billion in discretionary funding for FY 2010.

AMENDMENTS

H.R. 2996 is being considered under a structured rule (H.Res. 578).  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 13 of the 88 amendments that were offered. 

Nine general amendments are made in order under the Rule.   Up to five additional earmark amendments (from a pool of 17) may be offered by Rep. Flake (R-AZ), Rep. Campbell (R-CA), and Rep. Hensarling (R-TX) or their designees.  In short, the Democrats are allowing only up to 13 of the 88 amendments, many of which were designed to limit spending.

Amendments Made in Order

Part A:  Manager's Amendment.

1) Rep. Dicks (D-WA):  The Manager's Amendment authorizes funds from the Abandoned Mine Reclamation Fund to be used to pay for any required non-federal share of projects to treat acid mine drainage in abandoned mines. 

The amendment also adjusts the funding level for a number of programs.

•  Increases funds for the National Park Service's Land and Water Conservation Fund State assistance program by $10 million, from $30 million to $40 million.

•  Reduces funds for the Department of Interior, Working Capital Fund's by $10 million, from $85 million to $75 million.

•  Increases funding for the Saving America's Treasures program by $1 million, from $30 million to $31 million.

•  Reduces funding for the National Parks Service construction fund by $1 million, from $214 million to $213 million.

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

1) Rep. Chaffetz (R-UT):  Prohibits recreational grants from the Land and Water Conservation Fund from being used to acquire or make improvements in State or local parks.

2) Rep. Garret (R-NJ):  Increases funding for the funding for land conservation partnerships through the Land and Water Conservation Fund by $2 million, from $2 million to $4 million.  The amendment would reduce funds for the Environmental Protection Agency's (EPA) buildings and facilities fund by the same amount, from $35 million to $33 million.

3) Rep. Heller (R-NV):  Prohibits funds in the bill from being used to build a Carson Interagency Fire Facility on 15 acres of federal land located in Carson City, Nevada.

4) Rep. Jordan (R-OH):  Reduces the overall spending in the bill by $5.75 billion, the FY 2008 appropriated level.

5) Rep. Smith (R-TX):  Shifts $25 million within the National Forest System's funds to the Law Enforcement and Investigations drug enforcement effort.

6) Rep. Stearns (R-FL):  Reduces funding for the EPA by 38 percent, to the FY 2009 funding level for the agency.

7) Rep. Waldon (R-OR):  Reduces the Bureau of Land Management's land management and resources funding by $2.5 million and increases funding for forest health and community wildfire protection activities by the same amount.

Part C:  Up to three of the following 10 amendments may be offered by Rep. Flake or his designee.

1) Rep. Flake (R-AZ):  Prohibits $1 million in earmarked funds for the Restore Good Fellow Lodge, at the Indiana Dunes National Lakeshore in Porter, Indiana, and reduces the overall amount of the appropriation by the same amount.

2) Rep. Flake (R-AZ):  Prohibits $1 in earmarked funds for the mass marketing of hatchery fish in Minnesota, and reduces the overall amount of the appropriation by the same amount.

3) Rep. Flake (R-AZ):  Prohibits $150,000 in earmarked funds for the Tarrytown Music Hall Restoration project in Tarrytown, New York, and reduces the overall amount of the appropriation by the same amount.

4) Rep. Flake (R-AZ):  Prohibits $150,000 in funds from the National Park Service's Historic Preservation Fund from being used for an earmark for the Historic Fort Payne Coal and Iron Building Rehabilitation project in Fort Payne, Alabama, and reduces the overall amount of the appropriation by the same amount.

5) Rep. Flake (R-AZ):  Prohibits $200,000 in funds from the National Park Service's Historic Preservation Fund from being used for an earmark for the Blount Mansion Historic Restoration project in Knoxville, Tennessee, and reduces the overall amount of the appropriation by the same amount.

6) Rep. Flake (R-AZ):  Prohibits $100,000 in funds from the National Park Service's Historic Preservation Fund from being used for an earmark for the Swayne Hall Historic Restoration and Renovation project in Talladega, Alabama, and reduces the overall amount of the appropriation by the same amount.

7) Rep. Flake (R-AZ):  Prohibits $150,000 in funds from the National Park Service's Historic Preservation Fund from being used for an earmark for the Sterling Opera House Renovation project in Derby, Connecticut, and reduces the overall amount of the appropriation by the same amount.

8) Rep. Flake (R-AZ):  Prohibits $150,000 in funds from the National Park Service's Historic Preservation Fund from being used for an earmark for the Restoration of Historic Coe Mansion in Minneapolis, Minnesota, and reduces the overall amount of the appropriation by the same amount.

9) Rep. Flake (R-AZ):  Prohibits $1 million in funds from the EPA's Science and Technology fund from being used for an earmark for the Consortium for Plant Biotechnology Research in St. Simons Island, Georgia, and reduces the overall amount of the appropriation by the same amount.

10) Rep. Flake (R-AZ):  Prohibits $2 million in funds from the National Park Service's Land Acquisition Fund from being used for an earmark for the Ice Age National Scenic Trail in Cross Plains, Wisconsin, 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):  Prohibits $1 million in funds from the National Park Service's National Recreational and Preservation fund from being used for an earmark for a project of the Angel Island Immigration Station Foundation in San Francisco, California, and reduces the overall amount of the appropriation by the same amount.

2) Rep. Campbell (R-CA):  Prohibits $150,000 in earmarked funds for the Tarrytown Music Hall Restoration project in Tarrytown, New York, and reduces the overall amount of the appropriation by the same amount.

3) Rep. Campbell (R-CA):  Prohibits $150,000 in funds from the National Park Service's Historic Preservation Fund from being used for an earmark for the Village Park Historic project of the Traditional Arts in Upstate New York in Canton, and reduces the overall amount of the appropriation by the same amount.

Part E:  One of the following four amendments may be offered by Rep. Hensarling or his designee.

1) Rep. Hensarling (R-TX):  Prohibits $1 million in funds from the National Park Service's National Recreational and Preservation fund from being used for an earmark for a project of the Angel Island Immigration Station Foundation in San Francisco, California, and reduces the overall amount of the appropriation by the same amount.

2) Rep. Hensarling (R-TX):  Prohibits $150,000 in funds from the National Park Service's Historic Preservation Fund from being used for an earmark for the Sterling Opera House Renovation project in Derby, Connecticut, and reduces the overall amount of the appropriation by the same amount.

3) Rep. Hensarling (R-TX):  Prohibits $150,000 in funds from the National Park Service's Save America's Treasures program from being used for an earmark for the the Cottrill's Opera House restoration project in Thomas, West Virginia, and reduces the overall amount of the appropriation by the same amount.

4) Rep. Hensarling (R-TX):  Prohibits $150,000 in earmarked funds for the Tarrytown Music Hall Restoration project in Tarrytown, New York, and reduces the overall amount of the appropriation by the same amount.