The House is scheduled to begin consideration of H.R. 2346, the Fiscal Year 2009 War Supplemental Appropriations Bill, on Thursday, May 14, 2009, subject to a closed rule (H.Res. 434). The rule provides for one hour of general debate and includes a self executing amendment regarding Guantanamo Bay detainees. The Amendment would prohibit funds from this legislation from being used to release a Guantanamo Bay detainee into the U.S., and place requirements on the future transfer of such detainees. The Amendment would be considered adopted with the rule. More information on the amendment can be found in the summary below. H.R. 2346 was introduced on May 12, 2009, by Rep. David Obey (D-WI) and referred to the Committee on Appropriations, which reported the bill by voice vote.
H.R. 2346 provides a total of $96.717 billion in emergency supplemental funding for Fiscal Year 2009. The bill appropriates $81.3 billion for the ongoing war and intelligence operations in Iraq and Afghanistan and $15.4 billion for military construction, foreign assistance, flu pandemic preparedness, and a number of other spending items.
H.R. 2346 provides $11.817 billion (or 14 percent) more than the $84.9 billion requested by the President. The supplemental, as reported by the House, contains $5.8 billion (or 7 percent) more than the President's request for ongoing war operations. The bill also includes $6 billion (or 63 percent) more than the President's request for other spending.
H.R. 2346 Compared to the President's Request
| ||Request||H.R. 2346|
|Ongoing War Operations||75.5||81.3||5.8||7%|
|Military Construction, State Department, Flu Preparedness, and other funding||9.4||15.41||6||63%|
|Total|| 84.9|| 96.71|| 11.81|| 14%|
Spending by Section
Emergency War Spending
|USDA Foreign Food Assistance||500|
|Commerce and Justice||17|
|Department of Energy||55|
|National Security Counsel||3|
|Department of Interior||250|
|Health and Human Services||1,850|
Emergency Spending for Ongoing War Operations
H.R. 2346 provides $81.3 billion for ongoing military and war operations as follows below:
- $17.443 billion for Army, Navy, Marine and Air Force military personnel, including reserves. These funds pay for a myriad of military personnel expenses, including basic pay, housing, bonus pay for active duty, retention bonuses, and enlistment bonuses.
Ongoing Military Operations and Maintenance
- $33.788 billion for the operations and maintenance of the Army, Navy, Marines, Air Force, and reserves. These funds pay for the ongoing war activities in Iraq and Afghanistan.
- $23.045 billion for procurement of weapons, vehicles, and other resources for the Army, Navy, Marines, Air Force, and the National Guard. The supplemental provides $3.9 billion more than the President’s request to replace equipment, including $3 billion for additional C-17s and C-130s.
Research, Development, Test, and Evaluation
- $721 million for research, development, tests, and evaluation of new technology, including night vision, communications, and reconnaissance systems.
Defense Health Program
- $1.097 billion for defense health programs including, traumatic brain injury research, psychological health research, orthopedic research, and rehabilitation equipment. This funding is approximately $300 million above the President’s request.
DOD Drug Interdiction
- $137 million for defense drug interdiction and counter-drug activities in Afghanistan, Pakistan, and other nations in that region.
Joint Improvised Explosive Device Defeat
- $1.316 billion for the Joint Improvised Explosive Device Defeat Fund (JIEDDO), which is $150 million below the President’s request.
Mine Resistant Ambush Protected Vehicle Fund
- $4.843 billion for the Mine Resistant Ambush Protected (MRAP) Vehicle Fund to provide for armor protected lightweight vehicles suitable for the rough terrain in Afghanistan. This amount is $2.2 billion above the President’s request.
- $734 million to retroactively pay military services members whose enlistments were involuntarily extended since September 11, 2001. Services members would retroactively receive $500 for each month their enlistment was extended.
- Rescinds $2.859 billion in unobligated balances from multiple Operations and Maintenance from Fiscal Year 2009 accounts for the Army, Navy, Marines, Air Force, and Reserves and National Guard. The majority of the rescissions come from unobligated fuel accounts.
- The supplemental war appropriation does not include $80 million ($50 million for the Iraq Freedom Fund and $30 million for the Department of Justice) as requested by the President to implement his executive orders to shut down the Guantanamo Bay detention facility. However, the supplemental does require the President to submit a plan to Congress no later than October 1, 2009, regarding the proposed closing of the detention facility.
- In addition, the rule for consideration of H.R. 2346 includes a self executing amendment regarding Guantanamo Bay detainees. The Amendment would state that none of the funds from this legislation may be used to release a Guantanamo Bay detainee into the U.S.
- The amendment would also prohibit funds from this or any prior bill from being used to transfer a detainee in the U.S. until at least two months after the President releases a plan including an analysis of the national security risk of transferring the detainee, the cost of not transferring the detainee, the legal rational for the transfer, a certification by the President that the transfer risks have been mitigated, and a certification that the President has contacted the Governor of the state where the detainee would be transferred. None of the funds could be used to transfer a detainee to a foreign country until 30 days after the President submits the name of the detainee and the country where they will be released, an assessment of national security risk to the U.S., and the terms of any agreement with the country where the detainee will be transferred.
TITLE II-MILITARY CONSTRUCTION, FOREIGN OPERATIONS, AND OTHER MATTERS
H.R. 2346 provides $15.4 billion for military construction, foreign assistance, and flu pandemic preparedness, among other things, as follows below:
Department of Agriculture
- $500 million for Foreign Agricultural Services to provide foreign humanitarian food assistance and direct food donations.
Department of Commerce and Justice
- $17 million for DOJ to provide salaries and expenses to certain agencies involved in legal and security activities related to terrorism, and the wars in Iraq and Afghanistan. These agencies include the US Attorney Office, the National Security Division, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Federal Prison System.
Department of Energy
- $55 million for the Department of Energy’s National Nuclear Security Administration to fund nuclear security activities and counter threats from Russia and other emerging countries of concern. The amount is $34 million below the President’s request.
National Security Council
- $2.9 million for salaries and expenses of the National Security Council for additional staff and support, as requested by the President.
Department of Interior : Provides $250 million for wildfire activities, including:
- $50 million for wildfire suppression and emergency rehabilitation activities through the US Fire Administration.
- $200 million for wildfire suppression and emergency rehabilitation activities through the US Forest Service.
Health and Human Services
- $1.85 billion for the Public Health and Social Services Emergency fund to prepare for an influenza pandemic, including tools to assist international efforts to respond to H1N1 influenza (swine flu). Of the funds made available, $350 million would be earmarked for state and local government preparation and $200 million would be set aside for international disease surveillance through the CDC. An additional $200 million is made available for pandemic preparedness through the State Department’s Global Health and Child Survival program.
- $71 million for the Legislative Branch to acquire a new, modernized digital radio system for the U.S. Capitol Police.
Military Construction : Provides a total of $3.2 billion for military construction—$900 million above the President’s request—including the following:
- $1.922 billion for Army, Navy, Marine, and Air Force military construction, including $596 million for child development centers and wounded warrior in transition facilities.
- $1.086 billion for military hospital construction.
- $263 million to supplement the costs of new hospital construction to replace Walter Reed Army Medical Center.
Department of State, Foreign Operations, and Related Programs : Provides $9.470 billion for the Department of State and Foreign operations—$3 billion above the President’s request—including the following:
- $1.016 billion for diplomatic and consular programs to support operations and security in Afghanistan, Pakistan, and Iraq. Of the funds for this program, $448 million would be for operations in Afghanistan, $486 million for Iraq, and $45 million for Pakistan. $28 million would go to ongoing State Department global operations, including counter terrorism.
- $17 million for the State Department’s Office of Inspector General, of which, $7.2 billion would be transferred to the Special Inspector General of Afghanistan.
- $989 million for embassy security, construction, and maintenance.
- $836 million for contributions to international peacekeeping organizations. The committee report accompanying the bill recommends that the State Department give priority to funding U.N. peacekeeping operations in the Central African Republic, Chad, and the Democratic Republic of Congo.
- $152 million for operating expenses, of which $140 million would be provided to Afghanistan, $7 million for Pakistan, and $5 million for the West Bank and Gaza.
- $300 million for the State Department’s Global Health and Child Survival program, including $200 million for pandemic preparedness.
- $200 million for international disaster assistance.
- $2.907 billion for the Economic Support Fund, including funding for Afghanistan, Pakistan, the West Bank and Gaza, Jordan, Iraq, Zimbabwe, Sudan, Somalia, and others.
- $483 million for international narcotics control and law enforcement, which would be disbursed between Afghanistan, Pakistan, the West Bank and Gaza, Iraq, and Mexico.
- $98 million for nonproliferation, anti-terrorism, demining, and related programs.
- $343 million for Migration and Refugee Assistance to assist refugees in Iraq, Jordan, Syria, the West Bank and Gaza, Lebanon, Afghanistan, Pakistan, Africa, and Burma.
- $80 million for ongoing peacekeeping operations.
- $1.349 billion for the Foreign Military Financing Program, including $310 million for Mexico, $74 million for Lebanon, $150 million for Jordan, $260 million for Egypt, and $555 million for Israel. The program funds international grants for security assistance.
- $400 million for the Pakistan Counterinsurgency Capability Fund (PCCF), which uses U.S. military funds to support equipment and training for the Pakistani military. Some Members have expressed concerns that this program should be funded and supervised under the auspices of the DOD, rather than the State Department.
- Prohibits assistance to Hamas or an entity controlled by Hamas, but allows assistance to a government that shares power with Hamas if the President approves.
According to CBO, H.R. 2346 would appropriate $96.717 billion in emergency funds for ongoing war operations and other spending in Fiscal Year 2009.