H.R. 3326: Department of Defense Appropriations Act, 2010

H.R. 3326

Department of Defense Appropriations Act, 2010

Date
July 29, 2009 (111th Congress, 1st Session)

Staff Contact
Communications

Floor Situation

The House is scheduled to begin consideration of H.R. 3326, the Department of Defense Appropriations Act of FY 2010 on Wednesday, July 29, 2009, under a structured rule making a number of amendments in order. A complete summary of the amendments made in order will be released when they are available.

Bill Summary

 

Department of Defense Appropriations in Thousands

 

FY 2009

President's Request

H.R. 3326

H.R. 3326 vs. FY 2009

H.R. 3326 vs. Request

Defense Appropriation

489,025,000

511,540,000

508,045,994

19,020,994

-3,494,006

Overseas War Operations

147,638,000

128,595,016

128,246,985

-19,391,015

-348,031

Total

636,663,000

640,135,016

636,292,979

-370,021

-3,842,037

H.R. 3326 contains $508 billion in basic discretionary spending for the Department of Defense (DoD), an increase of $19 billion or 3.9 percent above the non-emergency discretionary spending level for FY 2009 and $3.5 billion below the President's request.  In addition to the base level of DoD funding, H.R. 3326 includes $128 billion in contingency spending for overseas deployments in Afghanistan and Iraq.   When base DoD funding and contingency operations funds are combined, H.R. 3326 totals $636.3 billion, approximately the same level of funding as FY 2009 (including emergency war funding) and $3.8 billion below the President's request.

The following is a summary of the spending highlights and other provisions in the bill:

MILITARY PERSONNEL

Provides $122.3 billion for military procurement funds, which is an increase of $7.9 billion or 7 percent above FY 2009.  The spending provides funds for pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for active duty personnel and the reserve corps.

Military Pay Raise:  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.

Personnel Levels:  Provides for personnel levels equal to the President's budget request.  The bill would result in a decrease of 2,731 in total end strength for the active forces, from 1.412 million to 1.410 million.  The bill would also increase the end strength for the selected reserve by 844 above the fiscal year 2009 authorized levels, from 843,656 to 844,500.  The total number of military personnel would be 2,254,500, the same as the President's request.

Stop Loss:  Provides $8 million to retroactively pay military service members whose enlistments were involuntarily extended since September 11, 2001.  Service members would retroactively receive $500 for each month their enlistment was extended.  The FY 2009 Supplemental Appropriation (H.R. 2346) included $734 million for the same purpose.

Operations and Maintenance

Provides $154.1 billion in discretionary spending for DoD operations and maintenance, an increase of $1.2 billion or less than 1 percent over FY 2009.  The funds provide for the costs of operating and maintaining the military, including the reserves and related support activities of the DoD.  The operations and maintenance account also provides funding for civilian pay, services for maintenance, and spare parts for weapons and equipment.

Joint Chiefs of Staff:  Provides $432 million for the Joint Chiefs of Staff, a reduction of $25 million below the President's request.

Family Assistance and Reintegration:  Provides $25 million for the Family Assistance and Reintegration program for Reserve Component soldiers and requires the National Guard to submit a plan for implementing these programs in North Carolina, Mississippi, Maine, New Hampshire, New Jersey, and Minnesota.

Environmental Impact:  Requires that $12 million for the mitigation of environmental impacts, including training and technical assistance, gathering of information, and documenting of environmental damage.

Procurement

Provides $104.8 billion for military equipment procurement, an increase of $3.7 billion or 3.7 percent over FY 2009. 

F-22 Raptor:  While the underlying legislation provides $369 million for the procurement of 12 F-22 Raptor fighter aircraft, funding for the aircraft was not requested by Defense Secretary Gates and President Obama has threatened to veto a Defense Appropriations bill that contained F-22 spending.

Aircraft:  Authorizes $5.6 billion for 28 F-35 Joint Strike Fighters and $1.7 billion for nine F/A-18 E/F Super Hornets, including $108 million in unrequested funds for advance procurement for additional Super Hornets to support a multiyear procurement.

Ships:  Provides $15.8 billion for the procurement of ten Navy ships, including $2.1 billion for four 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 the tenth LPD-17 Amphibious Transport Dock.

C-17:  Provides $674 million for the procurement of three new C-17 Globemaster III aircraft.  Because of the high cost of producing such a small number of planes, the Committee Report states the intent that these planes "be absorbed into the fiscal year 2009 production run that was funded from the Supplemental Appropriations Act, 2009, to create a full production run funded over a two year period."

Heavy Tactical Vehicles:  Provides $786 million for the Family of Heavy Tactical Vehicles, a decrease of $26 million below the President's request.

Research, Development, Testing, and Evaluation

Provides $80.2 billion for the DoD's research, development, testing, and evaluation (RDTE) efforts, a decrease of 282,000 or less than 1 percent from FY 2009.

Small Business Provisions:  Includes an additional $80 million for the small business technology insertion program to promote small business participation in the defense industry.

Future Combat Systems:  Provides $2.6 billion for Future Combat Systems (FCS), a decrease of $200 million from the President's request.  The bill also includes funding to terminate a number of FCS programs, including the Non-Line of Sight Cannon program and the Future Combat Systems Manned Ground Vehicle component.  The bill also includes $50 million for a new Manned Ground Vehicle Program, $50 million below the President's request.

Tactical Unmanned Aerial Systems:  Provides $173 million for Tactical Unmanned Aerial Systems research and development, a decrease of $30 million from the President's request.  The Tactical Unmanned Aerial Systems, such as the Shadow and Predator aircraft, provide for unmanned intelligence gathering, surveillance, reconnaissance, and attacks.   The Supplemental Appropriations Act of FY 2009 contained $80 million for unmanned aircraft research and development.

Presidential Helicopter:  Appropriates $485 million for the VH-71 Presidential Helicopter project to incorporate five new helicopters into the fleet.  The President requested that the VH-71 program, which is approximately $6 billion over budget, be terminated.

Aerial Refueling Tanker Replacement Program:  Requires the Secretary of Defense, before releasing the final proposal for the Air Force aerial refueling fleet, to submit a report to the congressional defense committees that includes a description of key mission requirement and performance parameters that would be used as the basis for determining the selection process.

Contingency operations and Overseas Deployment

The bill provides $128 billion in contingency funds for overseas deployment and ongoing operations in Iraq and Afghanistan.  Overseas contingency funding would provide additional amounts for the same accounts as the base bill, including military personnel, operations and maintenance, procurement and research, with all the funding going directly to overseas operations.  Overseas contingency funds would also provides $7.4 billion for the Afghan Security Forces Fund.

Other Provisions

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.

Iraq Troop Drawdown:  States that Congress recognizes and supports President Obama's plan to "withdraw all United States combat brigades from Iraq by August 31, 2010, and all United States military forces from Iraq on December 31, 2011."  In addition the bill requires the Secretary of Defense to prepare monthly reports that include the troop drawdown status.  

Iraq:  Prohibits funds in the bill from being used to establish permanent bases in Iraq or Afghanistan or to exercise U.S. control over oil in Iraq.

Torture:  Prohibits funds in the bill from being used for any purpose that violates the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

Competitive Bidding Ban:  Prohibits the Department of Defense from using any funds to enter into a public/private contact under the OMB Circular A-76, which requires private contractors to compete for federal money to ensure that the U.S. receives maximum value for tax dollars.

Earmarks:  Contains hundreds of earmarks, listed on 60, non-searchable pages which can be located in the Conference Report accompanying H.R. 3326

Defense Spending in Thousands

 

Program

FY 2009

H.R. 2892

FY 2009 vs. H.R. 2892

Change

 

 

 

 

 

Military Personnel

114,443,890

122,378,016

7,934,126

6.9%

Army

36,382,736

39,901,547

3,518,811

9.7%

Navy

24,037,553

25,095,581

1,058,028

4.4%

Marine Corps

11,792,974

12,528,845

735,871

6.2%

Air Force

25,103,789

25,938,850

835,061

3.3%

Army Reserve

3,904,296

4,308,513

404,217

10.4%

Navy Reserve

1,855,968

1,918,111

62,143

3.3%

Marine Corps Reserve

584,910

610,580

25,670

4.4%

Air Force Reserve

1,423,676

1,600,462

176,786

12.4%

Army National Guard

6,616,220

7,525,628

909,408

13.7%

Navy National Guard

2,741,768

2,949,899

208,131

7.6%

 

 

 

 

 

Operation and Maintenance

152,949,705

154,176,741

1,227,036

0.8%

Army Operations

31,207,243

30,454,152

-753,091

-2.4%

Navy Operations

34,410,773

34,885,932

475,159

1.4%

Marine Operations

5,519,232

5,557,510

38,278

0.7%

Air Force Operations

34,865,964

33,785,349

-1,080,615

-3.1%

Defense -Wide Operations

25,939,466

27,929,377

1,989,911

7.7%

Army Reserves Operations

2,628,896

2,621,196

-7,700

-0.3%

Navy Reserves Operations

1,308,141

1,280,001

-28,140

-2.2%

Marine Reserve Operations

212,487

228,925

16,438

7.7%

Air Force Reserve Operations

3,018,151

3,079,228

61,077

2.0%

Army National Guard Operations

5,858,303

6,353,627

495,324

8.5%

Air National Guard Operations

5,901,044

5,888,741

-12,303

-0.2%

Armed Forces Court of Appeals

13,254

13,932

678

5.1%

Army Environmental Restoration

457,776

415,864

-41,912

-9.2%

Navy Environmental Restoration

290,813

285,869

-4,944

-1.7%

Air Force Environmental Restoration

496,277

494,276

-2,001

-0.4%

Defense-Wide Environmental Restoration

13,175

11,100

-2,075

-15.7%

Formerly Used Sites Restoration

291,296

277,700

-13,596

-4.7%

Overseas Humanitarian Aid

83,273

109,869

26,596

31.9%

Cooperative Threat Reduction

434,135

404,093

-30,042

-6.9%

Workforce Development Fund

 

100,000

100,000

NA

 

 

 

 

 

Procurement

101,051,708

104,837,809

3,786,101

3.7%

Aircraft Procurement, Army

4,900,835

5,144,991

244,156

5.0%

Missile Procurement, Army

2,185,060

1,358,609

-826,451

-37.8%

Procurement of Weapons and Tracked Combat Vehicles, Army

3,169,128

2,681,952

-487,176

-15.4%

Procurement of Ammunition, Army

2,287,398

2,053,395

-234,003

-10.2%

Other Procurement, Army

10,684,014

9,293,801

-1,390,213

-13.0%

Aircraft Procurement, Navy

14,141,318

18,325,481

4,184,163

29.6%

Weapons Procurement, Navy

3,292,972

3,226,403

-66,569

-2.0%

Procurement of Ammunition, Navy and Marine Corps

1,085,158

794,886

-290,272

-26.7%

Shipbuilding and Conversion, Navy

13,054,367

14,721,532

1,667,165

12.8%

Other Procurement, Navy

5,250,627

5,395,081

144,454

2.8%

Procurement, Marine Corps

1,376,917

1,563,743

186,826

13.6%

Aircraft Procurement, Air Force

13,112,617

11,956,182

-1,156,435

-8.8%

Missile Procurement, Air Force

5,442,428

6,508,359

1,065,931

19.6%

Procurement of Ammunition, Air Force

859,466

809,941

-49,525

-5.8%

Other Procurement, Air Force

16,052,569

16,883,791

831,222

5.2%

Procurement, Defense-Wide

3,306,269

4,036,816

730,547

22.1%

Defense Production Act Purchases

10,565

82,846

72,281

684.2%

 

 

 

 

 

Research, Development, Test and Evaluation

80,520,837

80,237,955

-282,882

-0.4%

RDTE, Army

12,060,111

11,151,884

-908,227

-7.5%

RDTE, Navy

19,764,276

20,197,300

433,024

2.2%

RDTE, Air Force

27,084,340

27,976,278

891,938

3.3%

RDTE, Defense-Wide

21,423,338

20,721,723

-701,615

-3.3%

Operational Test and Evaluation, Defense

188,772

190,770

1,998

1.1%

 

 

 

 

 

Revolving and Management Funds

3,155,806

3,147,762

-8,044

-0.3%

Defense Working Capital Fund

1,489,234

1,455,004

-34,230

-2.3%

National Defense Sealift Fund

1,666,572

1,692,758

26,186

1.6%

 

 

 

 

 

Other Programs

27,400,054

33,292,203

5,892,149

21.5%

Defense Health Program

25,825,832

29,891,109

4,065,277

15.7%

Chemical Agents Destruction

1,505,634

1,510,760

5,126

0.3%

Drug Interdiction

1,096,743

1,237,684

140,941

12.9%

IED Defeat Fund

 

364,550

364,550

NA

Inspector General

271,845

288,100

16,255

6.0%

 

 

 

 

 

Related Agencies

989,242

901,902

-87,340

-8.8%

CIA Retirement System Fund

279,200

290,900

11,700

4.2%

Intelligence Community Management Account

710,042

611,002

-99,040

-13.9%

 

 

 

 

 

Contingency Overseas Deployment

 

128,246,985

128,246,985

NA

Military Personnel

 

16,224,549

16,224,549

NA

Operations and Maintenance

 

80,543,756

80,543,756

NA

Afghanistan Security Forces

 

7,468,769

7,468,769

NA

Procurement

 

20,384,128

20,384,128

NA

Research and Development

 

241,354

241,354

NA

Working Capital Funds

 

412,215

412,215

NA

IED Defeat Fund

 

1,490,000

1,490,000

NA

Defense Health Program

 

1,155,235

1,155,235

NA

 

 

 

 

 

Total Discretionary

489,025,000

508,045,994

19,020,994

3.9%

Overseas Deployment Contingency Funds

 

128,246,985

128,246,985

NA

Emergency Appropriations

147,638,000

 

-147,638,000

NA

Total, including overseas deployment

636,663,000

636,292,979

-370,021

-0.1%

 

Cost

A CBO score for H.R. 3326 was not yet available as of press time. However, the legislation would appropriate $636.3 billion in discretionary funding for FY 2010.