Senate Democrats

S. 1054, the Supplemental Appropriations Act, 2009

Summary

S.1054, the Supplemental Appropriations Act, 2009, 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 to bolster pandemic preparedness and response; respond to threats to the stability in the international monetary system; enhance security along the Southwest border; and strengthen wildfire protection efforts.

The Senate version of the legislation would provide a total of $91.3 billion for Fiscal Year 2009, which is $1.3 billion more than the President’s request and $5.4 billion less than the House-passed bill.

This Legislative Bulletin draws from a summary prepared by the Senate Committee on Appropriations staff, the Committee report, (111-20), as well as the bill language.

Major Provisions

Title I – Department of Agriculture

International Food Assistance. S.1054 would provide a total of $700 million in P.L. 480 Title II grants, which is $400 million above the requested amount.  The bill includes language that would make available an additional $77 million in unobligated balances to the Emergency Conservation Program for flood recovery in the upper plains states and other regions of the country. 

The legislation also provides $49 million in budget authority to support $585 million in USDA farm credit loans.  These loans will allow farmers and ranchers access to the levels of get credit for continued farm ownership and operations for the rest of this Fiscal Year.

Title II – Department of Commerce

Economic Development Assistance.  S.1054 includes $40 million for the Trade Adjustment Assistance for Communities Program (as authorized by P.L. 111-5) to provide grants to communities adversely impacted by trade.  The bill directs the Department to submit a report to Congress within 60 days on plans for the program’s implementation.

Department of Justice

Reviews of Guantanamo detainees and interrogation policies.  S.1054 would provide $30 million for the Department of Justice to carry out responsibilities under the President’s Executive Orders 13491, 13492, and 13493, which require the Attorney General to conduct a review of the status of each individual currently detained at Guantanamo Bay; Co-Chair the Special Task Force on Detainee Disposition; and Chair the Special Task Force on Interrogation and Transfer Policies. 

Provision on Guantanamo Bay detainees.  The bill includes a provision that would prohibit the use of funds in this title to transfer, relocate, or incarcerate Guantanamo Bay detainees to or within the United States.

Support for counterterrorism activities. S.1054 includes a total of $17 million for ongoing counterterrorism efforts in Iraq, Afghanistan and the United States, including $1.6 million to continue criminal justice training and assistance programs in Iraq and Afghanistan; $4 million for the Bureau of Alcohol, Tobacco, Firearms and Explosives to provide technical assistance to the military in identifying and dismantling IEDs in the global war on terror in Iraq and Afghanistan; $5 million for the Bureau of Prisons to monitor communications of incarcerated terrorists, collect intelligence, and disseminate relevant intelligence to other law enforcement agencies; $5 million for U.S. attorneys for litigation expenses associated with terrorism prosecutions in the United States; and $1.4 million for the National Security Division to support ongoing investigations and prosecutions related to overseas contingency operations.

The bill also includes funding as follows:

  • $100 million to combat escalating violence on the Southwest border;
  • $60 million for Detention Trustee for detention costs due to increased enforcement on U.S.-Mexico border; 
  • $20 million to expand Drug Enforcement Administration’s Sensitive Investigative Unit (SIU) program in Mexico;
  • $10 million for the Bureau of Alcohol, Tobacco, Firearms and Explosives for Southwest border security initiatives;
  • $10 million for the United States Marshals Service, including $4 million to provide enhanced security for judges and judiciary personnel; $5 million to apprehend criminals and drug traffickers who have fled to Mexico; and $1 million to upgrade surveillance equipment for monitoring drug cartels and violent gang members;
  • $45 million to investigate and prosecute predatory lending, mortgage fraud and market manipulation;
  • $35 million for the FBI to hire additional federal agents and attorneys to investigate and prosecute mortgage fraud, predatory lending, financial fraud, and market manipulation; and
  • $10 million for U.S. Attorneys to hire additional attorneys and support staff to prosecute mortgage fraud, financial fraud and predatory lending.

Title III – Department of Defense

S.1054 includes $73 billion ($700 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.  The bill will:

  • Fully fund current deployments in Iraq and Afghanistan as well as the addition of 21,000 troops in Afghanistan;
  • Ensure that our forces engaged in operations overseas have the best force protection equipment available as well as the most effective weaponry, communications gear, munitions, and other essential items;
  • Support for the Iraqi and Afghan security forces is funded enabling those nations to continue stepping up their roles in building safety and security;
  • Ensure that our wounded warriors receive needed medical care and services;
  • Transfer $700 million that the Administration proposed be appropriated to the Department of Defense for transfer to other executive agencies directly to those agencies to expedite execution of those missions;
  • Provide $2.5 billion in Special Transfer Authority;
  • Provide an additional $331.9 million above the request to fund high priority intelligence, surveillance and reconnaissance initiatives;
  • Provide an additional $1.9 billion to cover identified military personnel shortfalls; and
  • Provide an additional $1.55 billion for the procurement of MRAP-ATVs for Afghanistan.

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

 

Senate Proposal

President’s Request

Change from Budget Request

Military Personnel

$18 billion

 $16.2 billion

 + $1.83 billion

Operation and Maintenance

$33.8 billion

  $34.4 billion

 - $615 million

Procurement

$21.89 billion

 $21.86 billion

 + $27.1million

Research, Development, Test and Evaluation

$885.9 million

 $809.9 million

 + $76 million

Revolving and Management Funds

$861.7 million

 $846.7 million

+ $15 million

Defense Health Program

$909.3 million

$909.3 million

 $0

Drug Interdiction and Counter-Drug Activities

$123.4 million

$141.2 million

 - $17.8 million

Joint Improvised Explosive Device Defeat Fund

$1.1 billion

$1.5 billion

 - $350 million

Office of the Inspector General

$9.6 million

$9.6 million

$0

Military Personnel.  S.1054 includes $18 billion for pay, allowances, and other personnel costs for Active, Reserve, and Guard troops activated for duty in Iraq, Afghanistan, and other contingency operations.  This amount includes funding to complete the Army and Marine Corps grow the force initiative and also supports required pre and post-mobilization training for Reserve and Guard units.

Operation and Maintenance.  The bill includes $33.8 billion for operation and maintenance for:

  • Readiness programs. S.1054 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.
  • Afghanistan and Iraq Security Forces Funds.  The bill includes $3.6 billion for the Afghanistan Forces Fund, which is equal to the requested amount, and $1 billion for the Iraq Security Forces Funds, as requested, to train and equip these forces and assist their governments in assuming greater responsibility for their nation’s security.
  • Pakistan Counterinsurgency Capability Fund. S.1054 includes $400 million for the Fund to train and equip Pakistan security forces to increase their counterinsurgency capability, equal to the President’s request.  The bill directs the Department of Defense to develop a plan for transitioning this program to the Department of State in Fiscal Year 2010.
  • Guantanamo Bay.  The bill also includes $50 million for the Defense Department’s costs associated with the closure of the Guantanamo Bay detention facility, as requested, but directs that no funds provided may be obligated until 30 days after the Secretary of Defense has submitted a plan to Congress outlining the proposed use of the funding.  Further, the bill also stipulates that the funds can only be used to relocate prisoners to locations outside of the United States, and only if the Secretary has certified that prisoners transferred to other nation’s will remain in that nation’s custody as long as they remain a threat to the United States.

Procurement.  S.1054 includes a total of $21.9 billion for procurement. 

Aircraft.  The bill would:

  • fund the replacement of helicopters lost in contingency operations;
  • fund procurement to replace a lost Navy P-3 special project aircraft;
  • fund Large Aircraft Infrared Countermeasure (LAIRCM) kits for Navy and Marine Corps aircraft;
  • fund procurement of 4 F-22 aircraft and deletes funding for production line shut-down;
  • fund 6 C-12 aircraft for the Air Force irregular warfare mission;
  • fund 10 Reapers with associated ground control systems for the Air Force;
  • fund LAIRCM kits for Air Force C-5s; and
  • add $246 million for additional P-3 wing kits and installations;

Weapons/Missiles.  The bill would:

  • fund the Army’s Common Remotely Operated Weapons Station;
  • fully fund the Marine Corps’ LW 155 unfunded requirement;
  • provide a total of $1.5 billion for the purchase of ammunition and missiles to replenish war expenditures and reserve stockpiles.

Vehicles/Force Protection.  The bill would:

  • provide $188.1 million for the Army’s Family of Medium Tactical Vehicles;
  • fund the Army’s Family of Heavy Tactical Vehicles request;
  • reduce funds for non-combat losses of the High Mobility Multi-Purpose Wheeled Vehicle (HMMWV);
  • fund the Stryker program request;
  • fund the Mine Protection Vehicle Family program and the Heavy Expanded Mobility Tactical Truck Extended Service Program;
  • fund the Bradley Fighting Vehicle modification program;
  • fund the Abrams Tank Upgrade and modification program requests;
  • fund Marine Corps LAV force protection upgrades; and
  • provide $4.2 billion for MRAPS, an addition of $1.55 billion to the request for M-ATVs in Afghanistan.  M-ATVs are currently being developed to protect troops fighting in Afghanistan against Improvised Explosive Devices (IEDs) while also providing the off-road capability necessary to navigate the terrain in Afghanistan.  The additional funding is included to address anticipated increased requirements for M-ATVs in Afghanistan.

Research, Development, Test and Evaluation (RDT&E).  S.1054 would provide $885.9 million for RDT&E.  This amount includes $61 million to purchase two aircraft and outfit them with Battlefield Airborne Communication Node (BACN) to enhance communications capabilities, in response to a CENTCOM urgent operational need.

Revolving Management Funds.  The bill would provide $861.7 million for the Defense Working Capital Funds, which is $15 million above the requested amount, for the re-stocking of spares and repair parts essential to the operational readiness of combat vehicles and equipment in Army Prepositioned Stocks, commercial leases over international fiber networks to provide bandwidth to CENTCOM, operations at the Kuwait Defense Distribution Center and Consolidated Shipping Point, and fuel transportation and fuel combat losses.

Defense Health Program.  S.1054 includes $909 million for the Defense Health Program, which is equal to the requested amount.

Drug Interdiction and Counter-Drug Activities.  The bill includes $123 million for drug interdiction and counter-drug activities in Afghanistan, Pakistan, and Central Asia.

Joint Improvised Explosive Device Defeat Fund (JIEDDO). S.1054 would provide $1.1 billion for JIEDDO, which is $350 million below the President’s request, to protect our troops from IEDs and attack the terrorist networks responsible for them.

Inspector General.  The bill includes $9.5 million for the Office of the Inspector General, which is equal to the requested amount.

Title IV – Department of Defense – Civil

Army Corps of Engineers.  S.1054 includes $843 million for the Army Corps of Engineers.  This amount includes $38.4 million for navigation and flood damage reduction projects in areas around the country impacted by storm and flood events; $315.4 million to support emergency operations, repair, and rehabilitate eligible projects and other activities in response to natural disasters; and $489 million for hurricane and storm damage reduction measures for the Mississippi Gulf Coast.  This amount was not included in the President’s request.

Department of Energy

Strategic Petroleum Reserve. S.1054 supports the Administration’s request to redirect $21.5 million within the Strategic Petroleum Reserve account to repair buildings and equipment in Louisiana and Texas damaged by Hurricanes Gustav and Ike.

Defense Nuclear Proliferation.  The bill would provide $55 million for Nuclear Nonproliferation activities for new counter-proliferation initiatives in Russia and other countries of concern, which is $34.5 million below the requested amount. 

National Nuclear Security Administration.  S.1054 redirects the $34.5 million requested from continued disablement and dismantlement of North Korea’s plutonium program toward the Department of Energy’s nuclear intelligence efforts (to be divided among the three national security laboratories of Livermore, Sandia, and Los Alamos). 

Title V – Department of the Treasury

Financial Crisis Inquiry Commission.  S.1054 includes $4 million in emergency funding for necessary expenses of the Commission established in accordance with the Fraud Enforcement and Recovery Act of 2009 (hereafter referred to as the Recovery Act).

Executive Office of the President

National Security Council.  S.1054 would provide $2.9 million, as requested, to allow the President to hire additional staff to support an expanded mission for the National Security Council.

Pandemic Preparedness and Response.  The bill establishes an account for “Pandemic Preparedness and Response” within the Executive Office of the President and includes $1.5 billion for preparation for and response to a global disease pandemic, including for the H.R.1N1 influenza virus.  This amount is equal to the President’s request.  Funding provided could support activities such as supplementing antiviral stockpiles, vaccine development, and international efforts to stem the outbreak.

While the President requested a lump sum appropriation and the authority to make funding allocations between federal agencies, the bill provides specific funding levels for such agencies as follows:

  • Department of Health and Human Services: $900 million for allocation by the Secretary for activities to prepare for a pandemic influenza, including vaccine development, purchase of antivirals and medical equipment, diagnostic and vaccine delivery equipment, antiviral research and support for State and local preparedness.
  • Department of Homeland Security: $190 million for allocation by the Secretary for the needs of Department of Homeland Security employees, including personal protective equipment and antivirals; and for the needs of State and local entities related to planning, coordination, and for personal protective equipment and antivirals for first responders.
  • Department of Agriculture: $100 million for allocation by the Secretary for response and preparedness to pandemic threats by the Department of Agriculture including, but not limited to, animal health surveillance, investigations relating to potential zoonotic infections, and impacts resulting from misinformation of flu transmission capabilities.
  • Food and Drug Administration: $50 million for activities including, but not limited to, vaccine and antiviral development, manufacturer assistance, approval reviews, and safety activities, including blood and consumer protection response.
  • Department of Veterans Affairs: $110 million to strengthen its pandemic influenza response capabilities, including purchasing protective equipment for high risk populations and occupations, expanding its stockpile of antivirals, and improving the Department’s Information Technology capabilities to deliver real-time data to the Centers for Disease Control.
  • United State Agency for International Development: $150 million for International Development’s Global Health and Child Survival account.

Judiciary

Courts of Appeals, District Courts, and Other Judicial Services.  S.1054 includes $10 million to address the projected growth in criminal caseload associated with the additional Immigration and Customs Enforcement, Drug Enforcement Administration, and Bureau of Alcohol, Tobacco, and Firearms agents that are being added to offices on the Southwest border.

Securities and Exchange Commission.  The bill would provide $10 million in emergency funding for the Commission to support increased enforcement staffing and related expenses for enhanced investigation of securities fraud.  This amount was not included in the President’s request.

Title VI – Department of Homeland Security

Total funding for the Department of Homeland Security in S.1054 is $288 million, of which $140 million will be used to hire additional investigators, officers, and intelligence personnel to expand Border Enforcement Support Teams and other anti-smuggling and anti-violence initiatives.  Funds are also included for additional vehicle inspection and personal protection equipment, Coast Guard High Endurance Cutter maintenance, as well as to pay for overtime, temporary duty, and additional flight hours of surveillance equipment.  Finally, funds are included for state, local, and tribal law enforcement agencies on the Southwest border to coordinate security efforts with the federal government.

Funding is allocated as follows:

  • $46.2 million for the U.S. Customs and Border Protection, including $6.2 million for the care, treatment, and transportation of unaccompanied alien children;
  • $5 million for Air and Marine Interdiction for response to border security issues on the Southwest border of the United States;
  • $66.8 million U.S. Immigration and Customs Enforcement, including $11.8 million for the care, treatment, and transportation of unaccompanied alien children;
  • $139.5 million for the Coast Guard, including $129.5 million in support of operations in support of Operation Iraqi Freedom and Operation Enduring Freedom, and $10 million for High Endurance Cutter maintenance, repairs, and improvements; and
  • $30 million for FEMA State and Local Programs for Operation Stonegarden.

Title VII – Department of the Interior and Department of Agriculture

The bill would provide $250 million for emergency firefighting activities, equal to the President’s request.  This amount includes $50 million for the U.S. Department of the Interior to fund wildfire suppression and emergency rehabilitation activities and $200 million for the U.S. Forest Service to fund wildfire suppression and emergency rehabilitation activities.  These funds are designated as supplemental and only become available when previously appropriated funds are exhausted.

Title VIII – Department Health and Human Services

S.1054 includes $82 million for refugee and entrant assistance and, specifically, for the care and custody of unaccompanied alien children.  The President requested these funds in the Department of Defense along with language providing transfer authority to other federal agencies.

Title IX – Legislative Branch

Capitol Police.  The bill includes $71.6 million for a Capitol Police interoperable radio system to replace their 25-year old analog system.  The Fiscal Year 2007 Supplemental bill included $10 million to begin this project.

Title X – Military Construction, Veterans Affairs, and Related Agencies

S.1054 includes $2.25 billion, primarily to support combat operations in Afghanistan, to construct nine warrior support facilities in the United States, and to build 25 child development centers at military installations in the United States and overseas.

Highlights of military construction appropriations include:

Afghanistan.  The bill fully funds the President’s request of $860.5 million for Army and Air Force military construction projects in Afghanistan to sustain current operations and to provide additional facilities to support the projected surge of U.S. military forces into Afghanistan.

Quality of Life Projects. S.1054 includes $765 million, fully funding the President’s request, to construct 9 warrior support facilities in the United States and 25 child development centers at military installations in the United States and overseas. The child care facilities, one of the top priorities for military families, will provide spaces for more than 5,000 children.

Walter Reed Medical Center.  The Committee recommendation includes $230.9 million to complete construction of the Walter Reed National Military Medical Center at Bethesda, including a Warrior Transition Center, and the Fort Belvoir, VA, Community Hospital.

Cybersecurity. S.1054 includes $181.5 million to begin construction of a National

Security Agency data center to support the Comprehensive National Cybersecurity Initiative.

NATO Security Investment Program.  The bill includes $100 million requested by the President to backfill a shortfall in funding for the NATO Security Investment Program due to currency exchange losses.

Title XI – Department of State and Foreign Operations

For a more detailed summary of this Title’s provisions, see the summary provided by the Senate Committee on Appropriations.

S.1054 includes $6.878 billion to address urgent diplomatic, humanitarian, development and security requirements in countries and regions where U.S. security interests are facing major challenges.  The bill includes $1.5 billion to support the surge in civilian diplomatic and development personnel that the President and Secretary of State have requested for Afghanistan, Pakistan and Iraq.  Of these funds, $325.5 million is for additional personnel and $820.5 million is for embassy expansion, construction and security, particularly in Karachi, Peshawar, and Lahore.  In addition, the bill provides $1.0 billion for relief, reconstruction and development programs in Afghanistan, $506.5 million for Pakistan, and $470 million for Iraq, and requires reports on performance by the governments of Afghanistan and Pakistan and matching funds from the government of Iraq.

Other key appropriations include:   

  • $876.9 million to pay arrears and shortfalls of international peacekeeping missions, including in Somalia, which will make the U.S. current in its payments for these critical missions;
  • $715 million, equal to the amount requested, for relief and reconstruction for the West Bank and Gaza (with a provision that would prohibit assistance to Hamas).
  • $150 million for aid for Jordan;
  • $50 million for the Global Fund to Fight AIDS, TB and Malaria;
  • $15 million for Office of the Inspector General (OIG), the Special Inspector for Iraq Reconstruction (SIGIR), and the Special Inspector for Afghanistan Reconstruction (SIGAR).  This amount is $7.8 million above the request to ensure continued funding for SIGIR and SIGAR; and
  • $285 million to provide assistance to developing countries affected by the global financial crisis, which is $165 million below the President’s request.

Title XII – Department of Transportation

Essential Air Service.  The bill includes $13 million to fill in a shortfall for the Essential Air Service program to ensure that eligible small- and medium-sized communities do not lose their air service during this fiscal year.  This additional funding is fully offset.

Flood Prevention in North Dakota.  S.1054 includes a provision to remove a limitation on the expenditure of funds currently allocated to the state of North Dakota to address an emergency situation at Devils Lake (the lake is expected to rise substantially this summer, which would put the surrounding communities at risk).  The state has already been allocated $40 million in federal highway funds to repair the roads that surround Devils Lake.  The provision in the bill would allow North Dakota to spend these funds more rapidly.

Relief for Transit Agencies on Operating Expenses.  The bill includes a provision to grant transit agencies additional flexibility in the use of funding from the Recovery Act.  The bill allows transit agencies to use up to 10 percent of their formula grants from the Recovery Act on operating expenses.  This is a limited provision designed to preserve jobs and support economic recovery.

Housing Assistance for states impacted by Hurricanes Katrina and Rita.  S.1054 includes $30 million for section 8 vouchers to assist states that were impacted by Hurricanes Katrina and Rita to address the continued need for affordable housing.  This funding is provided in addition to the $50 million included in the Supplemental passed in October for a total of $80 million for the program.  The vouchers will serve families whose FEMA and other temporary housing assistance is ending.

Gap Financing for stalled “Go Zone” and disaster housing tax credit projects.  The bill includes a provision to amend the HOME Investment Partnerships funding in the Recovery Act to providing critical ‘gap financing’ for stalled disaster, “Go Zone” and other low income housing tax credit projects across the country.

Title XIII – International Assistance Programs

The President requested Congress to support changes to the level of borrowing authority for the International Monetary Fund (IMF) to enable the IMF to respond to grave threats to the stability of the international monetary system, particularly in developing countries severely impacted by the financial crisis.

United States Quota in the IMF. S.1054 provides for an increase in the U.S. quota in the IMF, as requested, of approximately $5 billion in Special Drawing Rights (SDRs) (valued at about $8 billion) in order to maintain the U.S. current voting share and veto power within the organization.

Loans to the IMF.  The bill also provides for loans to the IMF, as requested, of the dollar equivalent of up to $75 billion SDRs.  This will enable the U.S. to increase its share of the New Arrangements to Borrow, which establishes a set of credit lines extended to the IMF, from approximately $10 billion (6.6 billion in SDRs) to the equivalent of $100 billion.

General Provisions, International Assistance Programs. S.1054 also authorizes the Secretary of the Treasury to agree to the sale of 12,965,649 ounces of the IMF’s gold.  Since the IMF relies primarily on income from lending to finance lending activities and expenses, the sale of gold will finance an endowment and the return on which will fund a portion of IMF administrative expenses and expand the IMF’s investment authority.  A portion of the sale of gold would also be used to address the short-term financing needs of low-income countries.

Legislative History

On May 15, 2009, the Senate Appropriations Committee ordered S.1054, the Supplemental Appropriations, FY 2009, to be reported to the full Senate by voice vote. 

On May 14, 2009, the House of Representatives passed H.R.2346, the Supplemental Appropriations, FY 2009, by a vote of 368-60. 

Statement of Administration Policy

On May 13, 2009, the Obama Administration issued a Statement of Administration Policy for H.R.2346, the Supplemental Appropriations, Fiscal Year 2009.  The Statement can be accessed on the Office of Management and Budget’s website: (http://www.whitehouse.gov/omb/assets/sap_111/saphr2346h_20090513.pdf).

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