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.

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

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.