Summary

 

H.R. 4899, the Supplemental Appropriations Act, 2010, includes provisions to meet the needs of our troops and fund military operations and security initiatives in Iraq, Afghanistan, and Pakistan.  The bill also includes funding for expanding benefits for disabled veterans, and to respond to natural disasters, including the devastating earthquake in Haiti.  

 

The Senate version of the legislation would provide a total of $58.86 billion for Fiscal Year 2010, including $45.4 billion in discretionary funding and $13.4 billion in mandatory funding, equal to the President’s request.  This amount includes $32.8 billion for the Department of Defense for operations, personnel costs, and equipment reconstitution related to overseas contingency operations, primarily in Afghanistan, including $2.6 billion for the Afghan Security Forces Fund and $1 billion for the Iraqi Security Forces Fund; $5.1 billion for the Federal Emergency Management Agency (FEMA) to pay for the costs of past disasters; $2.8 billion to support relief efforts in Haiti; and $68 million for the Gulf of Mexico oil spill response.

 

This Legislative Bulletin draws from a summary prepared by the Senate Committee on Appropriations staff, the Committee report, (111-188), as well as the bill language.

 

 

Major Provisions

 

Chapter 1 – Department of Agriculture

  

Emergency Forest Restoration Program.  The bill would provide $18 million for the Program to restore forest lands damaged by natural disasters that occurred on or after January 1, 2010.

 

Food for Peace Title II Grants.  H.R. 4899 includes $150 million for P.L. 480 Title II grants, equal to the President’s request, for humanitarian assistance in response to the January 12, 2010 earthquake in Haiti.

 

Chapter 2 – Department of Commerce

 

National Telecommunications and Information Administration.  The bill rescinds $111.5 million in unobligated balances for the Digital-to-Analog Converter Box Program.

 

Economic Development Assistance Programs.  H.R. 4899 includes $49 million for economic development assistance in Presidentially-declared disaster areas to provide disaster relief, long-term recovery and restoration of infrastructure.   

 

National Oceanic and Atmospheric Administration (NOAA) Operations, Research, and Facilities.  The legislation would provide $5 million for NOAA to work with federal, state, and local partners to provide disaster relief to fisheries.

 

Chapter 3 – Department of Defense

 

H.R. 4899 includes $32.79 billion ($352 million below the President’s request) in non-emergency, discretionary spending authority for the Department of Defense, for operations, personnel costs, and equipment reconstitution related to overseas contingency operations in Iraq and Afghanistan and for emergency relief activities related to the earthquake in Haiti.  The bill would:

 

• Fully fund the addition of 30,000 military personnel in Afghanistan;

 

• Provide an additional $500 million in general transfer authority;

 

• Include $924.5 million to acquire and sustain high priority intelligence, surveillance and reconnaissance (ISR) initiatives;

 

• Provide an additional $616 million to cover fuel shortfalls identified by the Department of Defense; and

 

• Redirect funds to initiate solutions for four Joint Urgent Operational Needs Statements: Very Low Collateral Damage Precision Air Drop Weapon, Special Operations Command Central (SOCCENT) ISR Payloads, Marine Corps Unmanned Aerial Systems Resupply, and Explosive Ordinance Disposal Team equipment.

 

Highlights of the bill’s proposed defense-related appropriations include:

 

	Senate Proposal	President’s Request	Change from Budget Request**
Military Personnel	$1.8 billion	$1.9 billion	- $108 million
Operation and Maintenance	$24.6 billion	$25 billion	- $435 million
Procurement	$4.9 billion	$4.4 billion	+ $512 million
Research, Development, Test and Evaluation	$273.7 million	$277.1 million	- $3.4 million
Revolving and Management Funds	$1.1 billion	$974.9 million	+ $159.9 million
Defense Health Program	$33.4 million	$33.4 million	$0
Drug Interdiction and Counter-Drug Activities	$94 million	$94 million	$0
Joint Improvised Explosive Device Defeat Fund	$0	$400 million	- $400 million

  ** Please see the committee report for further detail on proposed funding levels.

 

Military Personnel.  H.R. 4899 includes $1.8 billion for pay, allowances, and other personnel costs for Active, Reserve, and Guard troops activated for duty in Iraq, Afghanistan, and other contingency operations.      

 

Operation and Maintenance (O&M).  H.R. 4899 includes $24.6 billion for operation and maintenance, $435 million below the President’s request.  The bill includes:

 

• Afghanistan and Iraq Security Forces Funds.  The bill includes $2.6 billion for the Afghanistan Forces Fund and $1 billion for the Iraq Security Forces Fund, both equal to the President’s request, to train and equip these forces and assist their governments in assuming greater responsibility for their nation’s security.

 

• Readiness programs.  H.R. 4899 would fully fund key readiness programs to prepare military forces for combat operations and other missions, including OPTEMPO flying hours and steaming days, depot maintenance, training, spare parts, and base operations.

 

• Troop expansion in Afghanistan.  The bill would provide full funding for approved and announced additional units to support the troop expansion in Afghanistan.  These include one-time costs associated with establishing facilities and infrastructure as well as increased support contracts for new force levels.

 

• Guam.  H.R. 4899 includes $50 million for the Department of Defense to transfer to the Department of Transportation in order to carry out required program planning, design and construction of projects for the Port of Guam Improvement Enterprise Fund to improve facilities, relieve port congestion and provide greater access to port facilities.

 

• Emergency flood repairs.  The bill includes $72.5 million to the Navy for emergency flood repairs.

 

Procurement.  H.R. 4899 includes a total of $4.9 billion for procurement. 

 

Aircraft.  The bill would:

 

• Add funds to replace two Army helicopters lost on the battlefield
• Provide additional funds for ballistic protection of Army helicopters in Afghanistan
• Fund the procurement of Navy helicopters lost in combat operations
• Fully fund 5 MC-12 Liberty aircraft for the Air Force
• Add funds to buy ground stations and fully outfit MQ-8 UAVs for the Central Command area of responsibility

 

Vehicles/Force Protection.  The bill would:

 

• Provide $1.1 billion for Mine Resistant Ambush Protected vehicles (MRAPs), equal to the President’s request
• Fully fund Special Operations Command’s requirement for additional protective equipment
• Fully fund additional Army counter-IED jamming devices and upgrades
• Add funds to improve the Army’s automated biometric identification capacity
• Fully fund the Army’s Ground Standoff Mine Detection System
• Provide funds for the Army Base Expeditionary Targeting and Surveillance System
• Fully fund Army physical security systems (vehicle and personnel scanners)
• Fully fund Army Counter Rocket, Artillery and Mortar Systems
• Provide funds for the Army Mine Protection Vehicle Family program
• Approve a Marine Corps request to redirect $144 million to procure urgently needed lightweight mine rollers, Improved Recovery Vehicles, Assault Breacher Vehicles, and field medical equipment

 

Research, Development, Test and Evaluation (RDT&E).  H.R. 4899 would provide $273.7 million for RDT&E, which is $3.63 million below the President’s request.  Funding is directed to support force protection, improvements, and enhancements for equipment being used in support of overseas contingency operations in Iraq and Afghanistan, and classified activities.

 

Revolving Management Funds.  The bill would provide $1.1 billion for the Defense Working Capital Funds, which is $159.9 million above the requested amount.  Funds are provided to the services’ working capital fund accounts for fuel requirements as well as funds for the Defense Logistic Agency’s Supply Chain and Energy Management initiatives.

 

Defense Health Program.  H.R. 4899 includes $33.4 million for the Defense Health Program, which is equal to the requested amount.

 

Drug Interdiction and Counter-Drug Activities.  The bill includes $94 million for drug interdiction and counter-drug activities in Afghanistan, Pakistan, and Central Asia.

 

Joint Improvised Explosive Device Defeat Fund (JIEDDO).  H.R. 4899 does not include any funds for the Joint Improvised Explosive Device Defeat Organization (JIEDDO) program ($400 million below the requested amount).  As outlined in the Committee Report, while the Committee recognizes the vital role of JIEDDO in protecting our troops and continues to support JIEDDO’s efforts, “it does not condone the use of JIEDDO funds for purposes beyond a direct focus on the IED threat.”  The bill would transfer the $400 million requested by JIEDDO to the Army.

 

Chapter 4 – Department of Defense - Civil

 

Army Corps of Engineers.  H.R. 4899 includes funding for the Corps as follows:

 

• $5.4 million for investigations to study the flood prone areas in states affected by severe storms and flooding
• $18.6 million for the Mississippi River and tributaries to dredge eligible projects, address emergency situations and rehabilitate and repair damage to federal projects caused by natural disasters
• $173 million for operation and maintenance to dredge navigation projects in response to, and to repair damage to federal projects caused by, natural disasters
• $20 million for flood control and coastal emergencies for the Corps to prepare for flood, hurricane, and other natural disasters, and fund repairs and other activities in response to emergencies.

 

Chapter 5

 

Department of the Treasury

 

Departmental Offices.  H.R. 4899 includes $690 million for the Departmental Offices account to fund costs associated with the Treasury Attache program in support of earthquake recovery and reconstruction efforts in Haiti.  The program supports the Treasury Department in promoting sound economic policies in Haiti in pursuit of mutually beneficial economic outcomes for both Haiti and the United States.

 

Office of the Inspector General.  The bill would rescind $1.8 million in prior appropriations to account for carryover balances from Fiscal Year 2009.

 

Executive Office of the President

 

National Security Council: Cybersecurity Incident Response.  H.R. 4899 includes a provision that directs the National Security Council, in coordination with the Secretary of Homeland Security, to provide a report to appropriate congressional committees no later than November 15, 2010 on the development and details of the National Cyber Incident Plan.

 

Independent Agencies

 

Financial Crisis Inquiry Commission.  The bill would provide $1.8 million for the Commission to continue its investigations and research related to the causes of the current financial and economic crisis in the United States.  In accordance with the Recovery Act of 2009 (P.L. 111-21), the Commission will deliver its comprehensive report on December 15, 2010.

 

Chapter 6 – Department of Homeland Security

 

Coast Guard.  H.R. 4899 includes $50 million for Coast Guard operating expenses, $5 million above the requested amount, to be used for emergency relief, rehabilitation, and other disaster response activities related to Haiti following the January 12, 2010 earthquake.  It includes an additional $15.5 million, not included in the request, to replace a Coast Guard H-60 medium-range recovery helicopter that crashed on March 3, 2010.

 

Cybersecurity Pilots.  The bill directs the Departments of Defense and Homeland Security, along with other relevant federal agencies, to undertake cybersecurity pilot programs, provides $10 million in funding for the pilot programs, and requires an execution plan to be submitted to the House and Senate Appropriations Committees no later than 90 days after the bill’s enactment.

 

Federal Emergency Management Agency (FEMA).  H.R. 4899 would provide $5.1 billion for the FEMA Disaster Relief Fund, equal to the President’s request.  This amount is necessary to pay for known costs of past disasters, including Hurricanes Katrina, Ike, and Gustav, the Midwest floods of 2008, and the California wildfires, as well as for addressing the needs that arise from new disasters.  Without this emergency funding, FEMA estimates that the Fund will be exhausted in June, and would be unable to pay claims for either old or new Presidentially-designated disasters.

 

Further, the bill includes a provision that directs FEMA to create an interagency taskforce, to include the U.S. Army Corps of Engineers as well as the Office of Management and Budget to track, address, and where possible, resolve concerns stemming from FEMA flood insurance mapping efforts in communities with issues related to flood control infrastructure protection.  The provision establishes quarterly reporting requirements to relevant congressional committees.

 

United States Citizenship and Immigration Services (USCIS).  The bill would provide $10.6 million, $4.4 million below the requested amount, for USCIS for reception and settlement services provided under the Cuban/Haitian Entrant Program, fee waivers for eligible Haitians granted Temporary Protected Status (TPS), and the humanitarian parole program to bring medical evacuees and certain categories of Haitians to the United States.  The lower level of recommended funding reflects a lower-than-anticipated level of TPS application submittals.

 

Chapter 7 – Department of Labor

 

H.R. 4899 would provide $18.2 million for mine safety activities and legal services related to the Department of Labor’s caseload before the Federal Mine Safety and Health Review Commission.  It also provides authority to the Secretary to allocate funds to the Mine Safety and Health Administration, provided that congressional Appropriations Committees are given at least 15 days advance notice.

 

Department Health and Human Services

 

The bill includes $220 million, equal to the President’s request, for critical response and relief activities related to the Haitian earthquake, including the provision of medical care of evacuees transported to the United States, cash and medical assistance for humanitarian parolees and the state share of Medicaid and Children’s Health Insurance Program services, as well as the development of surveillance systems to track disease outbreaks and other public health infrastructure in Haiti.

 

Related Agency – Federal Mine Safety and Health Review Commission

 

H.R. 4899 includes $3.8 million, not included in the request, for reducing the backlog of cases at the Federal Mine Safety and Health Review Commission.

 

Chapter 8 – Legislative Branch

 

Capitol Police.  The bill includes $12.9 million for the Capitol Police for ongoing acquisition and installation of a new interoperable radio system to replace their analog system.  

 

Chapter 9 – Military Construction

 

H.R. 4899 includes $656.8 million, which is $127.5 million above the requested amount, for military construction in Afghanistan to support ongoing operations in Afghanistan.

 

Department of Veterans Affairs

 

The bill would provide $13.4 billion in mandatory funding for the Department of Veterans Affairs (VA), as requested, for disability compensation to Vietnam veterans to implement a recent decision by the VA to expand the number of illnesses presumed to be related to exposure to Agent Orange.  The VA estimates that approximately 86,000 Vietnam veterans or their survivors, who were previously denied disability compensation, are now eligible for retroactive compensation payment.

 

Chapter 10 – Department of State, Foreign Operations, and Related Programs

 

H.R. 4899 includes $6.18 billion for the Department of State and Foreign Operations, which is equal to the President’s budget request, to meet emergency humanitarian, reconstruction, and security needs in Afghanistan, Pakistan, Iraq, Haiti, Mexico, El Salvador, Jordan, Vietnam, and the Democratic Republic of the Congo, and for pandemic preparedness and response.

 

Key appropriations include:  

 

Diplomatic and Consular Programs.  The bill would provide $1.32 billion for diplomatic and security operations in Afghanistan, Pakistan, Iraq, Haiti, and Mexico, which is $546 million below the requested amount.

 

Office of Inspector General (OIG).  H.R. 4899 includes $3.6 million for the Office of Inspector General, which is $600,000 above the request, to expand the oversight capacity of the Department of State OIG in Afghanistan, Pakistan, and Iraq.

 

Embassy Security.  The bill would provide $79 million, $5.5 million below the request, for urgent embassy security, construction, and maintenance costs in Haiti, to support housing for permanent U.S. direct hires and maintenance contracts for the facilities.

 

International Peacekeeping Activities.  H.R. 4899 includes $96.5 million, which is equal to the request, for contributions for International Peacekeeping activities to support increased peacekeeping assessments in Fiscal Years 2010 and 2011 for the U.N. mission in Haiti.

 

Other Agency - Broadcasting Board of Governors

 

H.R. 4899 includes $3 million, which is $2.2 million below the request, to increase Voice of America Creole radio broadcasts in Haiti.

 

United States Agency for International Development 

 

The bill includes $7.9 million for the USAID OIG, $6.4 million above the requested amount, for increased oversight of programs in Afghanistan, Pakistan, and Haiti. 

 

Bilateral Economic Assistance 

 

Global Health and Child Survival.  H.R. 4899 would provide $45 million for Global Health and Child Survival, which was not included in the request, for USAID’s Avian Influenza and Other Emerging Threats Program.

 

International Disaster Assistance (IDA).  The bill includes $460 million for IDA, $109.3 million above the requested amount, which may be used to reimburse prior obligations related to emergency relief and recovery efforts in Haiti   

 

Economic Support Fund (ESF).  H.R. 4899 includes a total of $2.49 billion in ESF, which is $79.3 million below the request.  Funding is provided as follows.

 

• Afghanistan.  The bill would provide $1.3 billion for assistance in Afghanistan, which is $267 million below the requested amount.  This amount includes $400 million for the Afghan Reconstruction Trust Fund (including $250 million for the National Solidarity Program); $100 million in direct budget support for the Ministry of Finance; $15 million for continued support for the Afghan Civilian Assistance Program; and $25 million to support reforestation programs in key watersheds in Afghanistan.  The bill includes language requiring determinations and reports by the Secretary of State on transparency, corruption, and consultation with local communities and civil society.

 

• Pakistan.  H.R. 4899 includes $259 million for assistance for Pakistan, which is $15 million above the requested amount, to support ongoing programs to strengthen democratic governance, rule of law, and social and economic services to improve the lives of the Pakistani people.  Of the total, $10 million would be provided for the Pakistani Civilian Assistance Program, $5 million for human rights programs, and $1.5 million to facilitate the implementation and oversight of USAID and Department of State programs in northwestern Pakistan.

 

• Haiti.  The bill would provide $770 million for relief, rehabilitation, and reconstruction assistance for Haiti, which is $20.7 million above the requested amount.  Of the total, up to $10 million is included for school construction, teacher training, and other education programs, $57 million for community stabilization activities, $144 million for shelter programs, $10 million for medical, rehabilitation, and other programs to assist Haitians with disabilities, and additional funds for watershed restoration and cash for work programs.  The bill provides authority to transfer up to $120 million from the Economic Support Fund to the Department of the Treasury for contributions to the Multi-Donor Trust Fund for Haitian Reconstruction.  The bill also includes language that would require determinations and reports by the Secretary of State on transparency, corruption, and the involvement of local communities and civil society.

 

• Other assistance.  H.R. 4899 includes additional ESF funding as follows: $100 million for assistance to Jordan to help meet the needs of Iraqi refugees and other economic issues; $12 million for assistance to Vietnam to support the remediation of dioxin contamination at the Da Nang Airport; and additional assistance of $25 million for El Salvador and $15 million for the Democratic Republic of the Congo.

 

Department of State Migration and Refugee Assistance.  The bill includes $165 million for assistance for Iraqi, Afghan, Pakistani, Congolese, Burmese, and Somali refugees and internally displaced persons (IDPs).

 

Department of the Treasury International Affairs Technical Assistance.  H.R. 4899 would provide $7.1 million, which is equal to the request, to support up to eight resident advisors as well as additional expertise to assist Haiti in restoring the core functions at the Ministry of Finance and the Central Bank, in coordination with USAID and the Department of State.

 

International Security Assistance

 

International Narcotics Control and Law Enforcement (INCLE).  The bill would provide $1.82 billion for INCLE, which is $280.7 million above the requested amount.  Funding is included as follows:

 

• Afghanistan.  $169 million, which is $31 million below the request, for assistance for Afghanistan, for rule of law programs, drug interdiction, justice reform, and corrections programs.  The amount includes additional funding ($7 million above the request for a total of $15 million) to strengthen women’s justice programs as well as $3 million to assist Afghan orphans and street children who are vulnerable to drug addiction.

 

• Pakistan.  $40 million, which is equal to the request, for police training, equipment, and infrastructure support, including for women police officers, and corrections assistance for Pakistan.

 

• Iraq.  $650 million, which is $132.6 million above the request, for assistance for Iraq.  This includes $450 million in one-time start up costs and limited operational costs of the Iraqi police program, and $200 million for implementation, management, and security costs, subject to determination and report by the Secretary of State.  The bill would continue existing matching requirements on U.S. assistance for Iraq.

 

• Haiti.  $147.7 million, $4.2 million above the request, for assistance for Haiti, including $5.5 million for the Office to Monitor and Combat Trafficking in Persons to combat human trafficking and slavery in Haiti.

 

• Mexico.  $175 million for assistance for Mexico for judicial reform, institution building, anti-corruption, and rule of law activities, in support of the goals of the three-year, $1.4 billion Merida Initiative to combat drug-related violence and other organized criminal activity.

 

Foreign Military Financing Program.  H.R. 4899 would provide $100 million for the Program, which is $40 million above the request, including $50 million for the purchase of helicopters for Pakistan and $50 million to address urgent security needs in Jordan.

 

Debt relief for Haiti.  The bill includes $212 million, as requested, to cancel existing debts owed by Haiti.  The bill also would authorize, as requested, up to $40 million from the Heavily Indebted Poor Countries Trust Fund to be used for Haiti debt relief.

 

Chapter 11 – Department of Transportation

 

The bill includes rescissions of $15 million for unobligated balances of the Highway Trust Fund and $44 million for unobligated balances for the Consumer Assistance to Recycle and Save Program. 

 

Department of Housing and Urban Development

 

Community Development Fund.  H.R. 4899 would provide $100 million in community development funds for disaster relief, long-term recovery, restoration of infrastructure, and housing and economic revitalization in Presidentially-declared disaster areas.

 

Title II – Department of Commerce

 

Economic Development Assistance Programs.  The bill includes $5 million for the Economic Development Administration’s Economic Adjustment Assistance programs to award grants to state, local, and nonprofit entities in regions affected by the Deepwater Horizon oil spill for strategic planning and technical assistance.  Activities to be funded include short- and long-term economic recovery plans and state and local economic recovery coordinators, including assistance to tourism-related businesses in oil impacted areas.

 

National Oceanic and Atmospheric Administration (NOAA).  H.R. 4899 includes $13 million to the Secretary of Commerce to be available if other sources do not sufficiently mitigate the economic impact of the Deepwater Horizon oil spill on fishermen and fishery-dependent businesses.  The bill also would provide $7 million for NOAA for activities that support the response to the oil spill but may not qualify as recoverable from the responsible parties of the Oil Spill Liability Trust Fund, including the conduct of scientific pre-sampling and post sampling analysis for the Gulf of Mexico and the study of the short and long term effects of dispersants on the Gulf ecosystem.

 

Department of Health and Human Services

 

Food and Drug Administration (FDA).  The bill would provide $2 million, as requested, for the FDA to purchase new technology to increase its capability for seafood inspection.

 

Department of the Interior

 

H.R. 4899 would provide $29 million for inspections, enforcement, studies and other activities requested by the Secretary related to inspections and investigations for determining the causes and impacts of the Deepwater Horizon oil spill.

 

Department of Justice

 

The bill includes $10 million for the Civil Division and the Environment and Natural Resources Division for civil defensive litigation, and civil and criminal enforcement under the Oil Pollution Act, the Federal Torts Claims Act, and the Clean Water Act.

 

Environmental Protection Agency

 

H.R. 4899 would provide $2 million, equal to the request, for a study of long-term risks and impacts from crude oil releases and the uses of chemical dispersants.

 

 

Legislative History

 

On May 14, 2010, the Senate Appropriations Committee ordered H.R. 4899, the Supplemental Appropriations Act, FY 2010 with an amendment in the nature of a substitute and an amendment to the title, to be reported to the full Senate by a vote of 30-0. 

 

On March 24, 2010, the House of Representatives passed its version of H.R. 4899, the Disaster Relief and Summer Jobs Act of 2010, by a vote of 239-175, and 1 Present. 

                                   

 

Administration Position

                                                                       

On March 24, 2010, the Obama Administration issued a Statement of Administration Policy (SAP) for the House-passed version of H.R. 4899, the Disaster Relief and Summer Jobs Act of 2010.  The Statement can be accessed on the Office of Management and Budget’s website: (http://www.whitehouse.gov/omb/assets/sap_111/saphr4899h_20100324.pdf).  At the time of publication, the Administration had not yet released a Statement of Administration Policy for the Senate version of H.R. 4899, the Supplemental Appropriations, FY 2010.  The DPC will circulate the SAP as soon as it is available.