H.R. 3326 (111th): Department of Defense Appropriations Act, 2010

Introduced:
Jul 24, 2009 (111th Congress, 2009–2010)
Sponsor:
Rep. John Murtha [D-PA12]
Status:
Signed by the President
Slip Law:
This bill became Pub.L. 111-118.

The bill’s title was written by the bill’s sponsor. H.R. stands for House of Representatives bill.

GovTrack’s Bill Summary

We don’t have a summary available yet.

Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.


12/19/2009.
Division A - Department of Defense Appropriations
Title I - Military Personnel
Appropriates funds for FY2010 for active-duty and reserve personnel in the Army, Navy, Marine Corps, and Air Force (the military departments), and for National Guard personnel in the Army and Air Force.
Title II - Operation and Maintenance
Appropriates funds for FY2010 for operation and maintenance (O&M) for the military departments, the defense agencies, the reserve components, and the Army and Air National Guard. Appropriates funds for:
(1) the United States Court of Appeals for the Armed Forces;
(2) environmental restoration for the military departments, the Department of Defense (DOD), and at formerly used defense sites;
(3) overseas humanitarian, disaster, and civic aid;
(4) former Soviet Union threat reduction; and
(5) the Department of Defense Acquisition Workforce Development Fund.
Title III - Procurement
Appropriates funds for FY2010 for procurement by the Armed Forces of aircraft, missiles, weapons, tracked combat vehicles, ammunition, shipbuilding and conversion, and other procurement. Appropriates funds for: (1) defense-wide procurement; and (2) certain procurements under the Defense Production Act of 1950.
Title IV - Research, Development, Test and Evaluation
Appropriates funds for FY2010 for research, development, test and evaluation (RDT&E) by the Armed Forces and defense agencies. Appropriates funds for the Director of Operational Test and Evaluation.
Title V - Revolving and Management Funds
Appropriates funds for: (1) the Defense Working Capital Funds; and (2) programs under the National Defense Sealift Fund.
Title VI - Other Department of Defense Programs
Appropriates funds for: (1) the Defense Health Program; (2) the destruction of lethal chemical agents and munitions; (3) drug interdiction and counter-drug activities, defense; (4) the Joint Improvised Explosive Device Defeat Fund; and (5) the Office of the Inspector General.
Title VII - Related Agencies
Appropriates funds for the: (1) Central Intelligence Agency Retirement and Disability System Fund; and (2) Intelligence Community Management Account.
Title VIII - General Provisions
Specifies authorized, restricted, and prohibited uses of authorized funds.
Section 8007 -
Requires a report from DOD to the defense committees to establish the baseline for application of FY2010 reprogramming and transfer authorities.
Section 8011 -
Allows for the use of procurement funds for a multiyear contract for F-18 aircraft variants.
Section 8013 -
Prohibits, during FY2010, the management by end strengths of DOD civilian personnel.
Section 8024 -
Authorizes DOD to incur obligations of up to $350 million for DOD military compensation, construction projects, and supplies and services in anticipation of receipts of contributions from the government of Kuwait.
Section 8026 -
Prohibits the use of funds from this Act to establish a new federally funded research and development center (FFRDC). Limits the federal compensation to be paid to FFRDC members or consultants.
Prohibits the use of FY2010 funds for new building construction, cost-sharing payments for projects funded by government grants, absorption of contract overruns, or certain charitable contributions.
Limits the staff years of technical effort that may be funded for FFRDCs from FY2010 funds.
Reduces, by $125.2 million, the total amount appropriated in this Act for FFRDCs.
Section 8027 -
Provides Buy American requirements with respect to the DOD procurement of carbon, alloy, or armor steel plating.
Section 8030 -
Requires the Secretary of Defense (Secretary) to report to Congress on the amount of DOD purchases from foreign entities in FY2010.
Section 8032 -
Authorizes the Secretary of the Air Force to convey to Indian tribes located in Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon, and Minnesota relocatable military housing units currently located at Grand Forks, Malmstrom, Mountain Home, Elllsworth, and Minot Air Force Bases that are excess to the needs of the Air Force. Requires the Operation Walking Shield Program to resolve any housing unit conflicts arising after such conveyance.
Section 8038 -
Prohibits the use of funds:
(1) by a DOD entity without compliance with the Buy American Act;
(2) to establish additional field operating agencies of DOD elements, except for those funded within the National Foreign Intelligence Program and Army agencies established to eliminate, mitigate, or counter the effects of improvised explosive devices;
(3) for assistance to the Democratic People's Republic of North Korea, unless specifically appropriated for such purpose; and
(4) to reduce the civilian medical and medical support personnel assigned to military treatment facilities below the September 30, 2003, level.
Section 8042 -
Rescinds specified funds from various accounts under prior defense appropriations Acts.
Section 8047 -
Prohibits the transfer to any other department or agency, except as specifically provided in an appropriations law, of funds available to DOD or the Central Intelligence Agency (CIA) for drug interdiction or counter-drug activities.
Section 8051 -
Prohibits current fiscal year DOD funds from being obligated or expended to transfer to another nation or international organization defense articles or services for use in any United Nations (UN) peacekeeping or peace enforcement operation, or for any other international peacekeeping, peace enforcement, or humanitarian assistance operation, unless Congress is given 15 days' advance notice.
Section 8055 -
Treats service as a member of the Alaska Territorial Guard during World War II for any individual honorably discharged therefrom as active service in the computation of military retired pay.
Section 8059 -
Prohibits funds from being used to approve or license the sale of the F-22 advanced tactical fighter to any foreign government.
Section 8060 -
Authorizes the Secretary, on a case-by-case basis, to waive limitations on the procurement of defense items from a foreign country if: (1) the Secretary determines that such limitations would invalidate cooperative or reciprocal trade agreements for the procurement of defense items; and (2) such country does not discriminate against the same or similar defense items procured in the United States for that country. Provides exceptions.
Section 8061 -
Prohibits the use of appropriated funds to support a unit of the security forces of a foreign country if credible information exists that such unit has committed a gross violation of human rights, unless all necessary corrective steps have been taken. Requires the monitoring of such information. Authorizes the Secretary to waive such prohibition under extraordinary circumstances (requiring a report to the defense committees on any such waiver).
Section 8067 -
Authorizes members of the National Guard performing full-time duty to support ground-based elements of the National Ballistic Missile Defense System.
Section 8068 -
Prohibits appropriated funds from being used to transfer to any nongovernmental entity specified armor-piercing ammunition, except to an entity performing demilitarization services for DOD.
Section 8069 -
Authorizes the Chief of the National Guard Bureau to waive payment for the lease of non-excess DOD personal property to certain, youth, social, or fraternal nonprofit organizations.
Section 8074 -
Appropriates funds to DOD for construction and furnishing of additional Fisher Houses for use by family members confronted with the illness or hospitalization of a military beneficiary.
Section 8075 -
Earmarks specified RDT&E funds for the Israeli Cooperative Programs (missile defense).
Section 8076 -
Makes Navy shipbuilding and conversion funds available to fund prior-year shipbuilding cost increases, allocating such funds among specified naval accounts.
Section 8081 -
Appropriates funds for assistance to public schools that have unusually high concentrations of special needs military dependents enrolled.
Section 8082 -
Appropriates funds to facilitate access by veterans to opportunities for skilled employment in the construction industry.
Section 8083 -
Requires the FY2011 budget to include separate budget justification documents for costs of U.S. Armed Forces' participation in contingency operations for the military personnel, O&M, and procurement accounts.
Section 8084 -
Prohibits funds from being used for RDT&E, procurement, or deployment of nuclear armed interceptors of a missile defense system.
Section 8085 -
Appropriates funds to DOD for 16 specified grants by the Secretary.
Section 8087 -
Prohibits the availability of funds for integration of foreign intelligence information unless such information has been lawfully collected and processed during the conduct of authorized foreign intelligence activities.
Section 8088 -
Requires reserve members called or ordered to active duty in time of national emergency to be notified in writing of their expected mobilization period. Allows the Secretary to waive such requirement in order to respond to a national security emergency or to meet dire operational requirements.
Section 8094 -
Earmarks specified Navy O&M funds for the Asia Pacific Regional Initiative Program for enabling the Pacific Command to execute Theater Security Cooperation activities such as humanitarian assistance, and the payment of incremental and personnel costs of training and exercising with foreign security forces.
Section 8097 -
Reduces the total amount appropriated in titles II through V by specified amounts, to reflect savings from revised economic assumptions.
Section 8099 -
Directs the Secretary to create a major force program category for space for DOD's Future Years Defense Program.
Section 8102 -
Requires the Secretary to maintain on the home page of the DOD Internet website a direct link to the website of the DOD Office of Inspector General.
Section 8103 -
Requires the Office of the Director of National Intelligence (DNI) to report to the intelligence committees to establish the baseline for application of reprogramming and transfer authorities for FY2010. Prohibits funds provided for the National Intelligence Program from being available for reprogramming or transfer until the report is submitted, unless the DNI certifies to such committees that the reprogramming or transfer is necessary as an emergency requirement.
Section 8104 -
Directs the DNI to submit annually to Congress a future-years intelligence program reflecting estimated expenditures and proposed appropriations included in the President's budget.
Section 8106 -
Requires DOD to continue to report incremental contingency operations costs for Operations Iraqi Freedom and Enduring Freedom on a monthly basis.
Section 8107 -
Reduces by $400 million the amount appropriated in title II, to reflect excess cash balances in DOD Working Capital Funds.
Section 8108 -
Makes funds available to the military department Secretaries to provide special pay during FY2010 to members, including reserve personnel, who serve on active duty while the member's enlistment or period of obligated service is extended, or whose eligibility for retirement is suspended, under the President's "stop-loss" authority (the authority to suspend such enlistment or period of service or suspend such retirement in time of war or national emergency).
Makes such special pay $500 per month.
Section 8109 -
Authorizes the transfer of specified military department O&M funds to a central fund established for Fisher Houses and Suites.
Section 8110 -
Makes specified Intelligence Community Management Account funds available for transfer by the DNI to other departments and agencies for government-wide information sharing activities.
Section 8111 -
Makes O&M funds available for remittances to the Defense Acquisition Workforce Development Fund.
Section 8112 -
Earmarks specified drug interdiction and counter-drug activities funds for high-priority National Guard counterdrug programs.
Section 8113 -
States that the United States, acting through Congress:
(1) recognizes that there have been years of official depredations, ill-conceived policies, and the breaking of covenants by the federal government regarding Indian tribes;
(2) apologizes on behalf of the people of the United States to all Native Peoples for the many instances of violence, maltreatment, and neglect inflicted upon them by U.S. citizens;
(3) urges the President to acknowledge such wrongs; and
(4) commends state governments that have begun reconciliation efforts and encourages all state governments to work toward reconciling their relationships with Indian tribes within their boundaries.
States that nothing in this section authorizes or supports any claim, or serves as a settlement of a claim, against the United States.
Section 8114 -
Requires any agency receiving funds appropriated under this Act to post on its public website any report required to be submitted to Congress in this or any other Act, upon the determination by such agency head that it shall serve the national interest. Provides exceptions when posting the report would compromise national security or for reports containing proprietary information.
Section 8115 -
Expresses the sense of Congress that:
(1) all of the National Nuclear Security Administration sites, including the Nevada Test Site, can play an effective and essential role in nuclear treaty verification and related threat reduction technologies; and
(2) the Administrator for Nuclear Security should expand the mission of the Nevada Test Site to carry out such roles.
Requires a report from such Administrator describing a plan for improving the Nevada Test Site and others in order to fulfill and expand its mission as required.
Section 8116 -
Provides specific limitations on the use of this Act's funds for any federal contract in excess of $1 million awarded more than 60 days after the effective date of this Act.
Section 8117 -
Provides specific limitations on the use of funds from this Act and certain previous appropriations Acts to begin or announce a competition to award to a contractor, or convert to contractor performance, any functions performed by federal employees pursuant to a study conducted under Office of Management and Budget (OMB) Circular A-76. Provides an exception.
Section 8118 -
Prohibits the use of National Intelligence Program funds from this Act for a mission critical or mission essential business management information technology system not registered with the DNI. Requires the Director of the Business Transformation Office to report semiannually to the defense committees on the results of the Business Transformation Investment Review Board's activities, including certification of compliance with specified procedures prior to a system's approval.
Section 8119 -
Appropriates funds to the Tanker Replacement Transfer Fund for a tanker acquisition program. Requires reports from the Secretary of the Air Force to the defense committees on the use of funds transferred for such purpose.
Section 8121 -
Requires each congressionally-directed spending item in this Act or its accompanying report that is intended for award to a for-profit entity to be subject to acquisition regulations for full and open competition on the same basis as each spending item intended for a for-profit entity that is contained in the budget request of the President. Provides exceptions.
Section 8122 -
Prohibits the use of appropriated funds: (1) to award to a contractor or convert to contractor performance any functions pursuant to an OMB Circular A-76 study or as part of a utility privatization currently performed by employees at the U.S. Military Academy; or (2) for distribution to the Association for Community Organizations for Reform Now (ACORN) or its subsidiaries.
Title IX - Overseas Contingency Operations
Appropriates funds for FY2010 for overseas deployments and other activities of DOD, specifically for:
(1) military personnel;
(2) O&M;
(3) the Overseas Contingency Operations Transfer Fund;
(4) the Afghanistan Security Forces Fund;
(5) procurement, including National Guard and Reserve equipment;
(6) the Mine Resistant Ambush Protected Vehicle Fund;
(7) RDT&E;
(8) Defense Working Capital Funds;
(9) the Defense Health Program;
(10) drug interdiction and counter-drug activities;
(11) the Joint Improvised Explosive Device Defeat Fund; and
(12) the Office of the Inspector General.
Section 9002 -
Authorizes the Secretary, in the national interest, to transfer up to $4 billion of the amounts made available to DOD in this title between any such authorizations for that fiscal year, with the exception of the Overseas Contingency Operations Transfer Fund. Requires prompt congressional notification of each transfer.
Section 9004 -
Authorizes the Secretary to use funds appropriated in this title to purchase motor vehicles for use by military and civilian DOD employees in Iraq and Afghanistan, with a limit of $75,000 per passenger vehicle and $250,000 per each heavy or light armored vehicle.
Section 9005 -
Authorizes the use of specified funds to fund the Commander's Emergency Response Program (urgent humanitarian relief and reconstruction assistance in Iraq and Afghanistan).
Section 9006 -
Allows funds to be used to provide supplies, services, transportation, and other logistical support to coalition forces supporting military and stability operations in Iraq and Afghanistan. Requires quarterly reports from the Secretary to the defense committees regarding such support.
Section 9008 -
Prohibits any funds from being obligated or expended: (1) to establish any military installation or base for providing for the permanent stationing of U.S. Armed Forces in Iraq or Afghanistan; or (2) to exercise U.S. control over any oil resource of Iraq.
Section 9009 -
Prohibits funds from being used in contravention of specified laws enacted or regulations promulgated to implement the United Nations Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment.
Section 9010 -
Requires the Director of the Office of Management and Budget (OMB) to report quarterly to the defense committees on the proposed use of all funds appropriated to the Iraq Security Forces Fund, Afghanistan Security Forces Fund, and Pakistan Counterinsurgency Fund. Directs the Secretary to notify such committees of any new projects or transfers of funds in excess of $20 million using funds appropriated to any of such Funds.
Section 9011 -
Prohibits any funds from being used to release an individual detained as of June 24, 2009, at Naval Station Guantanamo Bay, Cuba, into the continental United States, Alaska, Hawaii, the District of Columbia, or Guam, American Samoa, the U.S. Virgin Islands, or the Commonwealths of Puerto Rico or the Northern Mariana Islands. Prohibits any funds from being used to transfer such an individual into the United States and its territories and possessions for purposes of detention or legal proceedings until 45 days after the President submits to Congress a classified plan for the disposition of each such individual.
Requires such plan to include, among other things, a determination of the individual's risk to national security and a plan for mitigating such risk.
Prohibits any funds from being used to transfer or release any such individual to the country of the individual's nationality or last residence or to another country, unless the President submits to Congress, at least 15 days in advance, specified information identifying the individual, assessing the risk to national security posed by the transfer or release, and describing any agreement reached with such a country for the acceptance of the individual.
Directs the President, prior to termination of detention operations at Guantanamo Bay, to report to Congress describing the disposition or legal status of each individual detained as of the date of enactment of this Act.
Section 9012 -
Earmarks specified overseas contingency operations funds for outreach and reintegration services under the Yellow Ribbon Reintegration Program (authorized under the National Defense Authorization Act for Fiscal Year 2008).
Division B - Other Matters
Section 1001 -
Appropriates funds for carrying out the Food and Nutrition Act of 2008, including administration of the Supplemental Nutrition Assistance Program (SNAP). Provides for the allocation and reallocation of state funding under such program. Designates such appropriations as emergency requirements under the FY2010 concurrent budget resolution.
Section 1003 -
Amends federal copyright law and the Communications Act of 1934 to extend until February 28, 2010, provisions permitting satellite television providers to retransmit certain network programming to subscribers.
Section 1004 -
Amends the USA PATRIOT Improvement and Reauthorization Act of 2005 and the Intelligence Reform and Terrorism Prevention Act of 2004 to extend through February 28, 2010, the "library provision," the "roving wiretaps provision," and the "lone wolf provision."
Section 1005 -
Amends the Continuing Appropriations Resolution, 2010 to continue through February 28, 2010, the authority of the Administrator of the Federal Emergency Management Agency (FEMA) to issue notes or other obligations to carry out the National Flood Insurance Program.
Section 1006 -
Appropriates funds for the Small Business Administration (SBA) for the the Business Loan Program Account for loan fee reductions and the cost of guaranteed loans authorized under the American Recovery and Reinvestment Act of 2009. Extends through February 28, 2010, the authority for such fee reductions and loans. Designates such appropriations as emergency requirements.
Section 1007 -
Authorizes the Secretary of the Interior to make a payment to Swain County, North Carolina, in connection with the non-construction of the North Shore Road. Rescinds specified funds appropriated for such road construction in the Department of Transportation and Related Agencies Appropriations Act, 2001.
Section 1008 -
Extends through February 28, 2010, highway and surface transportation programs and related authorized expenditures from the Highway Trust Fund under the Continuing Appropriations Resolution, 2010.
Section 1009 -
Amends various Acts to extend through February 28, 2010, provisions concerning: (1) federal-state agreements for emergency unemployment compensation; (2) an increase in unemployment compensation benefits; and (3) full federal funding of extended unemployment compensation. Extends through July 31, 2010, the period of limited extension of federal unemployment compensation benefits. Designates amounts appropriated during such extensions as emergency requirements.
Section 1010 -
Amends the American Recovery and Reinvestment Act of 2009 to:
(1) extend the job eligibility lost date to February 28, 2010, for health insurance premium assistance under the Consolidated Omnibus Budget Reconciliation Act (COBRA); and
(2) extend from 9 to 15 months the COBRA health insurance subsidy for individuals who have lost jobs.
Provides rules related to the 2009 extension of such assistance and the transition period prior to enactment of this section.
Designates amounts appropriated during such extensions as emergency requirements.
Section 1011 -
Amends title XVIII (Medicare) of the Social Security Act to: (1) provide a zero percent update to the sustainable growth rate conversion factor for physician payments for the period of January 1 through February 28, 2010; (2) state that such update shall have no effect on the computation of such conversion factor for the remainder of 2010 and subsequent years; (3) reduce for FY2014 amounts made available in the Medicare Improvement Fund; and (4) provide an FY2015 Fund amount.
Section 1012 -
Prohibits the Secretary of Health and Human Services (HHS) from publishing updated poverty guidelines required under the Omnibus Budget Reconciliation Act of 1981 before March 1, 2010.
Section 1013 -
Rescinds $128 million of funds available to the Department of Commerce for use by the National Telecommunications and Information Administration for the digital-to-analog converter box program.
Section 1014 -
Requires the explanatory statement regarding this Act to have the same effect with respect to the allocation of funds and the implementation of this Act as if it were a joint explanatory statement of a conference committee.

House Republican Conference Summary

The summary below was written by the House Republican Conference, which is the caucus of Republicans in the House of Representatives.


This summary can be found at http://www.gop.gov/bill/111/1/hr3326.

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.

House Democratic Caucus Summary

The House Democratic Caucus does not provide summaries of bills.

So, yes, we display the House Republican Conference’s summaries when available even if we do not have a Democratic summary available. That’s because we feel it is better to give you as much information as possible, even if we cannot provide every viewpoint.

We’ll be looking for a source of summaries from the other side in the meanwhile.

The bill contains the following citations to other parts of U.S. law:

Slip Laws

Slip laws refer to enacted bills and joint resolutions in their original form as enacted by Congress, that is, before other laws amend them. Slip laws are cited as “Public Law XXX-YYY”, where XXX is the number of the Congress in which the bill or resolution was introduced.

United States Code

The United States Code is the compilation of permanent laws enacted by Congress. Temporary and other non-permanent laws do not appear in the United States Code. (About half of the United States Code is the law itself, called positive law. The other half is merely a compilation of the laws but has no legal significance.)

Statutes at Large

The United States Statutes at Large is the compilation of all laws enacted by Congress.

  • 108 Stat. 4792
  • 110 Stat. 3009-111
  • 112 Stat. 2681-822
  • 114 Stat. 705
  • 118 Stat. 3742
  • 120 Stat. 195
  • 122 Stat. 125
  • 122 Stat. 398
  • 123 Stat. 438
  • 123 Stat. 444
  • 123 Stat. 809
  • 123 Stat. 1870

Other Citations

  • 5 U.S.C. Chapter 89
  • 10 U.S.C. Chapter 20
  • 10 U.S.C. Chapter 20