Senate Democrats

S. 1390, the National Defense Authorization Act for Fiscal Year 2010

Summary

S.1390, the National Defense Authorization Act for Fiscal Year 2010, would authorize $679.8 billion in discretionary budget authority for defense programs in Fiscal Year 2010.  This amount is slightly below the President’s overall request for the national defense budget, which included a base budget request of $550.2 billion and an additional funding request of $130.0 billion for overseas contingency operations, most of which funds U.S. operations in Iraq and Afghanistan.   

As outlined in the Senate Armed Services Committee summary, the bill aims to support critical national security priorities to:

  • Provide fair compensation and first rate health care, address the needs of the wounded, ill and injured, and improve the quality of life of the men and women of the all-volunteer force (active duty, National Guard and Reserves) and their families.
  •  Provide our servicemen and women with the resources, training, technology, equipment (especially force protection) and authorities they need to succeed in combat and stability operations.
  •  Enhance the capability of the armed forces to conduct counterinsurgency operations and apply the lessons of Iraq to Afghanistan, as appropriate.
  • Improve the ability of the armed forces to counter nontraditional threats, including terrorism and the proliferation of weapons of mass destruction and their means of delivery.
  • Seek to reduce our nation’s strategic risk by taking action aimed at restoring, as soon as possible, the readiness of the military services to conduct the full range of their assigned missions.
  • Terminate troubled programs and activities, improve efficiencies, and apply the savings to higher-priority programs.
  • Ensure aggressive and thorough oversight of the Department of Defense (DoD) programs and activities to ensure proper stewardship of taxpayer dollars and compliance with relevant laws and regulations.

This Legislative Bulletin draws from a summary prepared by the Senate Armed Services Committee staff, the Committee report, (111-35), as well as the bill language.

Major Provisions

Title I – Procurement

Subtitle A – Authorization of appropriations.  S.1390 includes $107.2 billion in base budget authority for procurement, which is $1.4 billion more than the President’s budget request. 

Army.  The bill includes $20.6 billion in base budget authority for Army procurement, which is $447.2 million below the President’s budget request.  The bill would authorize:

·         $5.14 billion for aircraft procurement, which is $171.1 million below the requested amount;

·         $1.375 billion for missile procurement, which is $5 million above the President’s request;

·         $2.451 billion in procurement for weapons and tracked combat vehicles, equal to the requested amount;

·         $2.06 billion for ammunition procurement, which is $8 million above the requested amount; and

·         $9.6 billion for other procurement, which is $289.2 million below the request.

Navy and Marine Corps.  S.1390 would authorize $41.54 billion in base budget authority for Navy procurement, which is $273.1 million above the President’s request; $1.6 billion for Marine Corps procurement, which is equal to the request; and $840.7 million for Navy and Marine Corps ammunition, which is equal to the request.  Navy procurement is authorized as follows:

  • $18.7 billion for aircraft procurement, which is $277.1 million above the request;
  • $3.5 billion for weapons, which is $62 million above the President’s request;
  • $13.8 billion for shipbuilding and conversion, which is equal to the request; and
  • $5.6 billion for other procurement, which is $66 million below the requested amount.

Air Force.  The legislationwould include $37.25 billion in base budget authority for Air Force procurement, which is $870.8 million above the requested amount.  This amount includes:

  • $13.1 billion for aircraft procurement, which is $1.1 billion above the President’s request;
  • $6.1 billion for missile procurement, which is $193 million below the requested amount;
  • $822.5 billion for ammunition, which is equal to the request; and
  • $17.2 billion for other procurement, which is $47.8 million below the request.

Defense-wide.  S.1390 would provide $4.05 billion in defense-wide base budget authority, which is $65.7 million above the President’s budget request, including:

·         $79.3 million for the Rapid Acquisition Fund, which is equal to the request;

·         $1.2 billion for the Mine Resistant Ambush Protected (MRAP) Vehicle Fund, not included in the President’s budget request;

·          $420.3 million for the Terminal High Altitude Area Defense (THAAD) regional missile defense system, which is equal to the request; and

·         $168.7 million for Standard Missile-3 regional missile defense interceptor, which is equal to the request.

Subtitle B – Navy Programs

Littoral Combat Ship (LCS). S.1390 includes a provision to require that DoD treat the LCS as a Major Defense Acquisition Program (MDAP).  The bill also directs the Secretary of the Navy to report on the strategic plan for the homeporting of the LCS.

Technology roadmap for future surface combatants and fleet modernization.  The legislation would require the Secretary of the Navy conduct certain analyses, and complete certain tasks that should be required at the beginning of the MDAPs before committing any funds to buy a future surface combatant after Fiscal Year 2010.

Subtitle C – Air Force Matters

Limitation on the retirement of C-5 Aircraft. S.1390 includes a provision that prohibits the retirement of C-5 aircraft that would reduce the total active inventory of such aircraft below 111 before the Air Force completes testing, and reports on the results of tests of the C-5 Reliability Enhancement and Reengining Program (RERP) configuration.   It requires the Secretary of the Air Force to submit certain analyses before retiring any of the strategic airlift aircraft after that prohibition expires.

Subtitle D – Joint and Multiservice Matters

Availability of funds for the F-22A fighter aircraft.  The bill would repeal a provision in the National Defense Authorization Act for Fiscal Year 2009 (P.L. 110-417) in order to allow the Secretary of the Air Force to use $383 million in unobligated Fiscal Year 2009 funds to pay for Fiscal Year 2010 F-22A funding needs.

Report on potential foreign military sales of the F-22A fighter aircraft.  S.1390 includes a provision that would require the Secretary of Defense, in coordination with the Secretaries of State and the Air Force to report on the costs, technological feasibility, legal requirements, impacts on the domestic aerospace industry, and strategic implications of developing an exportable version of the F-22A.

Next generation bomber aircraft.  The legislation includes a provision that would state it is the policy of the United States to support a development of next-generation bomber technologies.

BUDGET ITEMS

Budget Items – Army. S.1390 would:

·         Provide an additional $20.4 million for 12 additional UH-60 Blackhawk A to L model conversions to accelerate modernization.  This is in addition to the 38 A to L conversions provided for in the budget request; and

·         Reduce funding for the joint tactical radio system ground mobile radios by $55.2 million, due to program delays.

Budget Items – Joint Improvised Explosive Device Defeat Fund (JIEDDF).  The bill would transfer $564.9 million in funding for JIEDDF included in the President’s base budget request to the overseas contingency operations account, provided in title XV of the bill.

Budget Items – Navy. S.1390 would:

  • Provide an additional $560 million to buy 18 F/A-18E/F aircraft in Fiscal Year 2010, as originally planned in the Fiscal Year 2009 Future Years Defense Program, rather than the nine aircraft included in the President’s request; and
  • Reduce funding for procurement of UH-1/AH-1Z Marine Corps helicopters by $282.9 million to keep production at the Fiscal Year 2009 level.

Budget Items – Air Force.  The legislation would:

·         Provide an additional $1.75 billion to purchase an additional seven F-22A aircraft, rather than terminating the production program as requested by the Department.  The bill also includes a provision, directing the Secretary of the Air Force to develop a plan for executing the air sovereignty alert (ASA) mission over the next two decades;

·         Reduce by $50 million funding for procurement of the Global Hawk high-altitude unmanned aerial system due to delays in the program, including operational testing;

·         Reduce by $209.5 million funding for the C-130 Avionics Modernization Program (AMP) due to delays in beginning the production program; and

·         Provide an additional $24 million for the procurement of upgrade kits for Litening advanced targeting pods (ATPs).

Mine Resistant Ambush Protected (MRAP) Vehicles. S.1390 would provide an additional $1.2 billion in base budget funding for MRAPs for Fiscal Year 2010, not included in the President’s request, to procure additional MRAP all-terrain vehicles (M-ATVs) in support of combat operations in Afghanistan.  The bill also includes $5.456 billion for MRAPs in the overseas contingency operations budget (title XV), as requested.

U.S. Special Operations Command (USSOCOM).  The bill would fully fund the President’s budget request for USSOCOM, and would provide an increase of $131.7 million for unfunded requirements identified by the Commander of USSOCOM.

Title II – Research, Development, Test, and Evaluation (RDT&E)

Subtitle A – Authorization of appropriations.  S.1390 would include $79.9 billion in RDT&E base budget authority, which is $1.27 billion above the President’s budget request.  The amount includes $10.9 billion for the Army, $19.6 billion for the Navy, $28.7 billion for the Air Force, $20.6 billion for Defense-Wide activities, and $190.8 million for Operational Test & Evaluation. 

Subtitle B – Program Requirements, Restrictions, and Limitations

  • Alternate engine for the Joint Strike Fighter program.  The bill would authorize an additional $438.9 million for the continued development of the F136 competitive propulsion system for the Joint Strike Fighter program and directs the Department to continue the system development and demonstration program during Fiscal Year 2010.
  • Technological maturity and integration risk of Army modernization programs. S.1390 includes a provision that would require the Director of Defense Research and Engineering (DDR&E) to conduct an assessment of the technological maturity and integration risks of Army modernization programs.
  • Modernization of the defense combat vehicle and tactical wheel vehicle fleet.  The legislation includes a provision that would require the Secretary of Defense to contract for an independent assessment of a strategy for technology development to support the modernization of the defense combat vehicle and tactical wheel vehicle fleet.

Subtitle C – Missile Defense Programs

  • Sense of the Congress on ballistic missile defense. S.1390 includes a provision that would express the Sense of the Congress on development, fielding, and testing of ballistic missile defenses.
  • Comprehensive plan for test and evaluation of the ballistic missile defense system.  The bill includes a provision that would require the Secretary of Defense to establish a comprehensive plan for the developmental and operational testing and evaluation of the Ballistic Missile Defense System and its various elements.
  • Assessment and plan for the Ground-based Midcourse Defense System (GMD).   S.1390 includes a provision that would require a detailed assessment of the GMD system, and a detailed plan for how the Department will achieve and sustain its planned GMD capability.
  • Potential ballistic missile cooperation with Russia.  The legislation includes a provision that would require the Secretary of Defense to submit a report on potential options for cooperation among the United States, the North Atlantic Treaty Organization (NATO) and the Russian federation on ballistic missile defense.

BUDGET ITEMS

A-160 Hummingbird UAVs.  S.1390 would add $86 million to procure five additional aircraft and supports the sustained deployment of the A160 to Afghanistan equipped with appropriate sensor systems.

Multi-platform radar technology insertion program (MP-RTIP).  The legislation would add $92 million to mature MP-RTIP technology for deployment on a large aircraft, in addition to the current plan for fielding the technology on the Global Hawk unmanned aerial vehicle (UAV).

Joint Future Theater Lift.  The bill would add $53 million to sustain the tilt-rotor industrial base through risk reduction activities while DoD determines how best to exploit technology that could enable fundamentally new ground force operational concepts, a baseline for future vertical takeoff and landing (VTOL) aircraft, and major benefits to commercial aviation.

Ballistic missile defense. S.1390 would authorize $7.8 billion for the Missile Defense Agency (MDA), which is equal to the President’s request and supports all of the missile defense decisions announced by the Secretary of Defense on April 6, 2009, including:

·         Add $700 million to field additional THAAD and Standard Missile-3 theater missile defense systems;

·         Add $200 million for conversion of six additional Aegis ships for missile defense capabilities;

·         Cap deployment of Ground-Based Interceptors (GBIs) at 30, and produce all GBIs on contract;

·          Terminate the Multiple Kill Vehicle (MKV) program;

·         Terminate the Kinetic Energy Interceptor (KEI) program; and

·         Cancel the second Airborne Laser (ABL), and refocuses the ABL program as a technology research effort.

Israeli upper tier missile defense.  The bill would authorize an increase of $25 million for the joint U.S.-Israeli development program of a short-range ballistic missile defense system.

Science and technology initiatives.  The legislation includes several science and technology provisions that would:

·         Support the Secretary of Defense’s overall increases for medical research and add $75 million for additional research on blast injuries, combat casualty care, and other DoD medical research areas.

·         Increase funding for science and technology programs investing in next-generation technologies and advanced military capabilities developed by universities, small businesses, and other entities by over $475 million, to provide a total of $12.1 billion for Fiscal Year 2010.

·         Increase funding for energy research at DoD on technologies that will reduce operating costs and enhance performance of weapon systems by over $225 million in areas including hybrid vehicles, batteries, bio fuels, fuel cells, solar cells, and other alternative energy technologies.

·         Increase funding for manufacturing research in DoD by roughly $100 million to support the defense industrial base and reduce the costs of production of weapons systems and our ability to meet surge requirements demands of operating forces.  

S.1390 also would terminate troubled programs and activities:

·         Future Combat System Manned Ground Vehicle (MGV).  The bill would reallocate $323.6 million of excess termination liability funds to other Army RDTE efforts in support of a new ground combat vehicle program including vehicle modernization and survivability research, advanced tank armament systems, medium and heavy tactical vehicle development, and combat vehicle manufacturing technology.

·         Future Combat System Non-Line of Sight-Cannon (NLOS-C).  The legislation would allocate $58.2 million of excess termination liability to the Paladin Integration management (PIM) program to accelerate the upgrade and modernization of the M109A6 Paladin 155mm self-propelled howitzer that will increase the Paladin’s performance and reliability, reduce life cycle costs, and address electronic obsolescence issues to meet the Army’s needs to 2050.

Title III – Operation and Maintenance

Subtitle A – Authorization of appropriations.  S.1390 would authorize $155.6 billion for operation and maintenance, which is $887.2 million below the base budget request. 

General budget highlights.  The bill would:

  • Provide full funding for readiness and depot maintenance programs, so as to ensure that forces preparing to deploy are trained and their equipment is ready;
  • Add $8 million for the Army’s Generation III Extended Cold Weather Clothing System (ECWCS) and $5 million for the Marine Corps Cold Weather Layering System (CWLS)
  • Add $500,000 to support strategic planning and interagency training in rule of law efforts, in support of current stability operations overseas;
  • Add $25 million for the Readiness and Environmental Protection Initiative (REPI) to enhance funding of priority projects to protect critical mission training sites by preventing or reducing encroachment through the creation of compatible-use buffer zones;
  • Provide $5 million for the Director of Operational Energy Plans and Programs Office to increase oversight and coordinate energy efforts across the military services;
  • Add $9.9 million for mobile corrosion protection and abatement for the Army National Guard and Reserve; and
  • Require the Secretary of the Army to provide a report analyzing, comparing, and assessing projected impacts of limiting the Army’s active component to 45 Brigade Command Teams (BCTs), rather than the previously-planned goal of 48 BCTs.

Subtitle B – Environmental Provisions

S.1390 includes a provision that authorizes the Secretary of Defense to reimburse the Environmental Protection Agency for certain costs in connection with the former Nansemond Ordnance Depot Site, Suffolk, Virginia.

Subtitle C – Workplace and Depot Issues

The legislation includes provisions that would:

  • Expand the authority for Army industrial facilities to engage in cooperative activities with non-Army entities.
  • Require DoD to develop a comprehensive plan to address longstanding problems in its inventory management systems, which would effectively reduce costs to acquire and store unneeded inventory.
  • Place a moratorium on public-private competitions under OMB Circular A-76 until DoD complies with an existing statutory requirement to develop an inventory of activities performed by service contractors that is needed for DoD to manage its service contractors, plan for its civilian employee workforce, and identify functions that should be subject to public-private competition.
  • Extend the Arsenal Support Program Initiative (ASPI) for one fiscal year, awaiting the findings of a comprehensive depot study.

Subtitle D – Energy Provisions

Energy security on Department of Defense installations. S.1390 includes a provision that would require the Secretary of Defense to identify and address areas in which electricity needed to carry out critical missions could be vulnerable to disruption and the authority needed to award contracts, grants, or other agreements to reimburse private parties for actions taken to address such vulnerabilities.

Extension and expansion of reporting requirements regarding DoD energy efficiency programs.  The bill includes a provision to establish a comprehensive reporting requirement for the Department’s efforts to develop and implement plans and strategies to meet energy efficiency requirements established by applicable statutes and Executive Orders.  The provision will help Congress and DoD gain visibility on installation renewable energy projects, determine if existing funding mechanisms are sufficient, and provide a cost and feasibility response for implementing the recommendations of the 2008 Defense Science Board Report “More Fight – Less Fuel.”

Alternative aviation fuel initiative. S.1390 includes a provision that would establish goals for the alternative aviation fuel initiative of the Air Force and require submission of reports by the Air Force, the Army, the Navy, and the Defense Science Board.

Title IV – Military Personnel Authorizations

Subtitle A – Active Forces

Active duty end strengths. S.1390 would authorize the following end strengths for Active Duty personnel by the end of Fiscal Year 2010, consistent with the Administration’s request:  547,400 for the Army, which is 15,000 above last year’s authorization; 328,800 for the Navy; which is 2,477 above last year’s authorization; 202,100 for the Marine Corps, which is 8,100 above last year’s authorization; and 331,700 for the Air Force, which is 14,650 above last year’s authorization. 

Additional authority for active duty end strengths in Fiscal Years 2011 and 2012.  The legislation also would authorize the Secretary of Defense to increase the Army active-duty end strength by 30,000 over Fiscal Year 2010 levels during Fiscal Years 2011 and 2012 if sufficient funding is requested in the budgets for those years.

Subtitle B – Reserve Forces

End strength for Selective Reserve. S.1390 would authorize the following end strengths for selective Reserve personnel by the end of Fiscal Year 2010, consistent with the President’s request: 358,200 for the Army National Guard; 205,000 for the Army Reserve; 65,500 for the Navy Reserve; 39,600 for the Marine Corps Reserve; 106,700 for the Air National Guard; 69,500 for the Air Force Reserve; and 10,000 for the Coast Guard Reserve.    

The bill would also:

  • Support the President’s request for authorizations of end strengths for Reserves on active duty in support of the Reserves;
  • Authorize an increase of 550 National Guard and Reserve military technicians above the request;
  • Authorize a decrease of 1,141 National Guard and Reserve non-dual status technicians below the request;
  • Support the President’s request for the maximum number of Reserve personnel authorized to be on active duty for operational support; and
  • Require the Secretary of the Army to submit a report to Congress assessing the feasibility of creating a trainee, transients, holdees, and students account within the Army National Guard.

Subtitle C – Authorization of Appropriations

S.1390 would authorize a total of $135.6 billion in base budget authority for the DoD for military personnel and related costs, including costs of pay, allowances, bonuses, death benefits, and permanent change of station moves.  This amount is $400 million below the President’s budget request.  The bill would:

  • Provide $124.9 billion in base budget authority for military personnel;
  • Authorize an additional $350 million to provide for a 3.4 percent pay raise for military personnel, 0.5 percent higher than the Administration’s request; and
  • Provide $10.75 billion for contributions to the Medicare-Eligible Retiree Health Fund.

Title V – Military Personnel Policy

Subtitle A – Officer Personnel Policy.  S.1390 includes provisions that would:

  • Implement section 506 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (P.L. 110-417) to modify the distribution and authorized end strengths of general and flag officers on active duty.
  • Require that an officer appointed to serve as Legal Counsel to the Chairman of the Joint Chiefs of Staff be appointed in the regular grade of brigadier general or rear admiral (lower half).
  • Establish in statute the positions of Chief and Deputy Chief of Chaplains in the Air Force.

Subtitle B – Reserve Component Management.  The bill includes a provision that would require the Secretary of the Army to submit a report to Congress describing DoD’s utilization of National Guard non-dual status technicians.

Subtitle C – Education and Training.  S.1390 includes provisions that would:

  • Authorize medical students attending the Uniformed Services University of the Health Sciences and students participating in the armed forces Health Professions Scholarship and Financial Assistance Programs, who have prior commissioned service, to serve while on active duty, in pay grade O-1, or in pay grade O-2, if they meet specified promotion criteria prescribed by the service secretary.
  • Expand the criteria for appointment of individuals to the Board of Regents of the Uniformed Services University of the Health Sciences.
  • Authorize the service secretaries to detail up to 25 officers each year as students at accredited schools of psychology for training leading to the degree of Doctor of Psychology in clinical psychology.

Subtitle D – Defense Dependents’ Education Matters.  The legislation would:

  • Authorize $30 million in impact aid, $10 million in special assistance to local education agencies affected by Base Realignment and Closure Commission (BRAC) and force relocations, and $5 million in impact aid for children with severe disabilities.
  • Extend for two years the authority of the Secretary of Defense to provide financial assistance to local educational agencies with enrollment changes due to base closures, force structure changes, or force relocations.
  • Grant permanent authority to the Secretary of Defense to enroll a limited number of dependents of foreign military members who are assigned to the Supreme Headquarters Allied Powers, Europe (SHAPE), on a space-available and tuition-free basis, in the DoD dependents’ education system in Mons, Belgium.
  • Require the Secretary of Defense, in consultation with the Secretary of Education, to conduct a study on options for educational opportunities that are, or may be, available for dependent children of members of the armed forces who do not attend DoD schools.
  • Express the Sense of the Senate on various aspects of state implementation of the Interstate Compact on Educational Opportunity for Military Children and encourage all remaining states to enact it.

Subtitle E – Military Justice and Legal Assistance Matters:  Independent review of judge advocate requirements of the Department of the Navy.  S.1390 would establish an independent panel to review the judge advocate requirements for the Department of the Navy.  The review would include operational law requirements to support rule of law objectives in Iraq and Afghanistan and in operational units; new requirements to support the Office of Military Commissions and the disability evaluation system for members of the armed forces; and judge advocate requirements for the Department of the Navy military justice mission, among other crucial matters.

Subtitle F – Military Family Readiness Matters.  The legislation includes provisions that would:

  • Mandate the addition of two members to the DoD Military Family Readiness Council, one from the National Guard and one from a reserve component other than the National Guard.
  • Require the Secretary of Defense to conduct a comprehensive review of the programs and activities of DoD for the prevention, diagnosis, and treatment of substance use disorders and the policies of the Department relating to the disposition of substance abuse offenders.
  • Require the Secretary of Defense to develop and implement a policy and program to provide broad-based community support to military children with autism and their families.
  • Require the Secretary of Defense to undertake a comprehensive assessment of the impacts of military deployment on dependent children of service members, and a review of the mental health care and counseling services available to military children.
  • Require the Secretary of Defense to submit to Congress a report on judicial cases involving child custody disputes in which the service of a deployed or deploying member of the armed forces was an issue in a child custody dispute.
  • Express the Sense of the Senate that a properly prepared and coordinated family care plan is essential for service members who have custody of a child pursuant to a court order or separation agreement.

Subtitle G – Other Matters.  S.1390 would extend the reporting deadline for the DoD Task Force on Sexual Assault to December 1,2009.

Other key items in this title would:

  • Direct the Secretary of Defense to report to Congress on plans to improve the foreign language and cultural proficiency of our servicemen and women by leveraging existing curriculum at universities and colleges throughout the Nation, as a means to augment existing DoD-operated programs.
  • Direct the DoD Inspector General (IG), in consultation with the Secretary of the Navy, to review the systems, policies, and procedures currently in use to ensure timely and legally sufficient post-trial reviews of courts-martial within the Department of the Navy.
  • Direct the Secretary of Defense to report to Congress on the initial implementation of the Yellow Ribbon Reintegration Program in fiscal year 2009 and plans for further implementation in fiscal year 2010.

Title VI – Compensation and Other Personnel Benefits

Subtitle A – Pay and Allowances

3.4 percent military pay raise. S.1390 would authorize a 3.4 percent across-the-board pay raise, 0.5 percent above the budget request and the annual increase in the Employment Cost Index, effective January 1, 2010.       

Comparable assessment of military and private sector pay and benefits.  The bill would direct the Comptroller General to conduct a comprehensive study comparing military pay and benefits, including the value of military health care and the retirement benefit, with comparable private-sector pay and benefits, and to report to Congress by April 1, 2010 on the results of that study.

Supplemental subsistence allowance.  S.1390 would increase the maximum amount of supplemental subsistence allowance from $500 to $1100 per month and directs the Secretary of Defense to submit to Congress a plan to ensure that service members and their families are not dependant on the Supplemental Nutrition Assistance Program (SNAP) for their nutritional needs.

Post-Deployment/Mobilization Respite Absence program. The legislation authorizes the Secretary of Defense to provide any member or former member of the armed forces up to $200 a day for each day of administrative absence that the member would have earned between January 19, 2007 and the date of implementation of the Post-Deployment/Mobilization Respite Absence program, had the program been timely implemented.

Subtitle B – Bonuses and Special and Incentive Pays.  The bill would:

  • Reauthorize the payment of more than 25 types of bonuses and special pays, for encouraging recruitment and retention, and continued service by active-duty and reserve military personnel.
  • Authorize special compensation for designated caregivers for the time and assistance they provide to service members with combat-related catastrophic injuries or illnesses requiring assistance in everyday living.
  • Grant service secretaries temporary authority to provide stop-loss pay to eligible service members, in an amount not to exceed $500 per month, through June 30, 2011.

Subtitle C – Travel and Transportation Allowances.  S.1390 includes provisions that would:

·         Authorize travel and transportation allowances for up to three designated individuals for seriously injured or wounded service members, including those with serious mental disorders, for the duration of their inpatient stay.

·         Authorize travel and transportation allowances for non-medical attendants of very seriously wounded, ill, or injured service members.

·         Authorize travel and transportation allowances for reserve component service members on active duty for more than 30 days to travel from a temporary duty station to their permanent duty station and back again when training at the temporary duty station is suspended for five days or more.

·         Authorize the Secretary of Defense to provide, in exceptional circumstances, reimbursement for the travel expenses of active-duty beneficiaries and their dependents otherwise ineligible for reimbursement relating to travel for medical services.

Subtitle D – Other Matters.  The legislation includes a provision that would amend section 681 of the National Defense Authorization Act for Fiscal Year 2006 (P.L. 109-163) to authorize the continuation temporary Army authority to provide additional recruitment incentives for three years from the date the incentive was first provided.

This title also includes report language commending the Transportation Command’s (TRANSCOM) Patriot Express program.

Title VII – Health Care Provisions

Subtitle A – TRICARE Program.  S.1390 includes provisions that would:

  • Extend eligibility for TRICARE Standard coverage for certain members of the Retired Reserve, and family members, who are qualified for a non-regular retirement but are not yet age 60.
  • Expand eligibility of surviving children under the TRICARE Dental Program to the longer of three years, after the service member’s death, until the surviving child reaches age 21, or until the child reaches age 23 if a full-time student.
  • Exempt certain disabled TRICARE beneficiaries under age 65 from the requirement to enroll retroactively in Medicare Part B in order to maintain TRICARE coverage.
  • Require DoD to initiate a process for reform and improvement of the TRICARE health care system.
  • Require the Comptroller General to report to Congress by March 31, 2010, on the implementation of the prohibition against employees offering financial incentives to TRICARE-eligible employees to use TRICARE in lieu of their employer’s health care plan.

Subtitle B – Other Health Care Benefits

Mental health assessments of service members deployed for a contingency operation. S.1390 would require the Secretary of Defense to issue guidance for the provision of person-to-person mental health assessments at designated intervals for service members deployed in connection with contingency operations.

Extension of transitional dental care.  The legislation would modify the transitional health care benefit for members of the reserve components on active duty for more than 30 days in support of a contingency operation giving them the same priority for dental care in a military treatment facility as an active-duty member.

Subtitle C – Health Care Administration.  S.1390 includes provisions that would require the Secretary of Defense to:

·         Develop and implement a comprehensive policy on pain management.

·         Develop and implement a plan by September 30, 2013 to increase the number of military and civilian behavioral health personnel of DoD and to consider the feasibility of additional officer and enlisted specialties as behavioral health counselors.

·         Conduct a study on the management of medications for physically and psychologically injured service members and to submit a report to Congress on the study by April 1, 2010.

Subtitle D – Wounded Warrior Matters

Report on rehabilitation treatment strategies for service members with traumatic brain injury.  The bill includes a provision that would require the Secretary of Defense to submit to Congress a report setting forth the evidence to be required from a long-term integrated study on treatment strategies for cognitive rehabilitation for service members who have sustained traumatic brain injuries to determine how receipt of such rehabilitative therapies could be reimbursed as a health care benefit.

Task force on wounded warrior policies. S.1390 would direct the Secretary of Defense to establish a task force to assess the effectiveness of the policies and programs to assist and support the care, management, and transition of recovering wounded, ill, and injured service members.

This title includes other items in the Committee’s report that would:

·         Direct the Comptroller General to conduct a study on DoD efforts to minimize and track hearing loss that occurs, or may occur, as a result of military service.

·         Urge DoD and military departments to continue their work with national and other federal partners to assist in their efforts to prevent suicide and suicidal behavior in the military.

·         Require an assessment of case management services for behavioral health care under TRICARE.

Title VIII – Acquisition Policy, Acquisition Management, and Related Matters

Subtitle A – Amendments to General Contracting Authorities, Procedures, and Limitations

The legislation includes a provision that would prohibit the Department of Defense from awarding a sole-source contract exceeding $20 million, unless the contracting officer has determined in writing that the use of a sole-source contract is in the best interest of DoD and the written justification of which such determination is based has been approved by an appropriate reviewing official.

Subtitle B – Acquisition Policy and Management.  S.1390 includes provisions that would:

·         Clarify the expedited hiring authority for the defense acquisition workforce (as provided in the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009, P.L. 110-417) and extend this authority through 2015, to help meet the goal of increasing the size of the acquisition workforce by 20,000 by 2015.

·         Require the Comptroller General to report to Congress on the effectiveness of DoD training for acquisition and audit personnel.

Subtitle C – Contractor Matters

Commission on Wartime Contracting in Iraq and Afghanistan.  The bill would authorize a one-year extension of the Commission in order to achieve expanded review and investigation into wartime contracting consistent with the Commission’s charter.

Prohibition on interrogation of detainees by contractor personnel.  The legislation includes a provision that would require the Secretary of Defense to issue regulations providing that the interrogation of detainees during or in the aftermath of hostilities is an inherently governmental function that cannot be transferred to private sector contractors.  These regulations would become effective one year after the date of the enactment of the bill, to provide DoD time to comply.

Subtitle D – Other Matters.  S.1390 includes provisions that would:

·         Authorize the Secretary of Defense to establish a preference for the acquisition of products and services that are produced in Central Asia, Pakistan, and the South Caucasus.

·         Reauthorize the DoD Small Business Innovation Research program until 2023, which invests in innovative small businesses to develop new technologies to support national defense.

·         Require DoD to establish appropriate safety standards for incorporation into contracts for the construction, installation, repair, maintenance, and operation of expeditionary facilities for use by military or civilian personnel of the Department in current and future military operations.  This provision would address electrical hazards and faulty wiring that have harmed U.S. personnel in Iraq and Afghanistan over the last five years.

The title also includes a provision that would require the Secretary of Defense to conduct a review and report to Congress on problems that may be caused by the use of contractors to perform security functions in a combat environment, as described by the Executive Director of the Center for Strategic and Budgetary Assessments in April 30, 2009 testimony before the Senate Armed Services Committee.

Title IX – Department of Defense Organization and Management

Subtitle A – Department of Defense Management.  S.1390 would include provisions to:

  • Eliminate 22 of the 28 current Deputy Under Secretary of Defense positions and authorize the creation of a new Assistant Secretary of Defense positions where appropriate, in order to streamline and restructure DoD management positions.
  • Express the Sense of the Senate on the ongoing mission of the Western Hemisphere Institute for Security Cooperation and highlight the importance of this Institution in building military-to-military relationships within the Western Hemisphere.

Subtitle B – Space Matters.  The legislation would require DoD, the Department of Commerce, and the National Aeronautic and Space Administration to complete a program management and funding plan and prohibits the Air Force from spending more than 50 percent of the funds available for the National Polarorbiting Operational Environmental Satellite System (NPOESS) until the plan is submitted. Also, adds $80 million for NPOESS.

Subtitle D – Other Matters. S.1390 would require the Secretary of Defense to establish a United States Military Cancer Institute in the Uniformed Services University of the Health Sciences

Title X – General Provisions

Subtitle A – Financial Matters. S.1390 would authorize the transfer of up to $4 billion of funds authorized in Division A of this act to unforeseen higher priority needs, in accordance with reprogramming procedures

Subtitle B – Naval Vessels and Shipyards.  The legislation would provide authority for the temporary reduction in aircraft carrier force levels, as requested by DoD.

Subtitle C – Counter-drug Activities.  S.1390 would recommend a total of $1.077 billion in Fiscal Year 2010 funding for drug interdiction and counterdrug activities of the Department of Defense, which is $18.8 million above the President’s budget request. 

The bill also would extend three longstanding counterdrug train and equip programs, including:

  • Authority for a joint task force conducting counternarcotics training and assistance to a foreign government to also provide counterterrorism training and assistance;
  • Authority for the Department to provide assistance to Plan Colombia, as well as maintain the limits on U.S. military and civilian personnel in Colombia; and
  • Authority to provide support to certain foreign governments (mostly in South and Central America, Central Asia, and West Africa), and increases the authorized level of assistance provided under this authority to $100 million per fiscal year.

Subtitle D – Military Commissions

S.1390 provides new language for the Military Commissions Act of 2006 (P.L. 109-366) to address a series of issues including the use of coerced testimony and hearsay evidence in a manner intended to achieve greater balance, ensure that convictions can be upheld on appeal, and improve the credibility of the military commissions system.

The bill includes a provision that would amend chapter 47A of title 10, United States Code, to ensure that military commissions meet standards of fairness established by the Supreme Court in Hamdan v. Rumsfeld, 548 U.S.C.557 (2006).  It would bring procedures for military commissions in line with procedures governing trials by courts-martial, except in cases where deviations are justified by practical needs.

Subtitle E – Medical Facility Matters.  S.1390 would authorize the Department of Veterans Affairs and the Navy to operate jointly theCaptain James A. Lovell Federal Health Care Center in North Chicago and Great Lakes,Illinois.

Subtitle F – Miscellaneous Requirements, Authorities, and Limitations.  The legislation would include several provisions that would:

  • Direct the President with the participation of the Secretaries of Homeland Security, Defense, Energy and State, the Attorney General, the Director of National Intelligence (DNI), and other appropriate officials, to develop a strategic plan for improving over a five-year period the nuclear forensic and attribution capability of the United States.
  • Enhance the ability of the DoD Inspector General (IG) to conduct audits and investigations by authorizing the IG to subpoena witnesses to provide testimony, subject to the approval of the Department of Justice.
  • Require the Secretary of Defense and Director of National Intelligence to report on the plan to meet the bandwidth requirements of each major acquisition program.

Subtitle G – Reports.  S.1390 includes a provision that would direct the DNI to prepare a national intelligence estimate (NIE) on nuclear weapons and related programs of non-nuclear weapons state parties to the Treaty on the Non-Proliferation of Nuclear Weapons and the weapons aspirations of such non-state actors as the DNI considers appropriate to include in the estimate.  The NIE would be due on September 1, 2010.

National cyber security initiative.  This bill also would urge the President to declassify the cyber security initiative to the level where industry can understand how it may contribute to solutions, and to invite U.S. industry to propose comprehensive solutions to the government’s cyber security needs.  It also would direct the Under Secretary of Defense for Acquisition, Technology, and Logistics to task the Defense Science Board (DSB) to assess the capability of U.S. industry to design and build capabilities to defend government networks and critical infrastructure consistent with the government’s classified architecture and concept of operations and report to Congress by April 1, 2010.

Strategic communications and public diplomacy.  The report directs the Under Secretary of Defense-Policy and Under Secretary of Defense-Comptroller to develop budget documentation materials for Fiscal Year 2011 that document DoD’s objectives and funding levels for counter support for terrorism and counter-radicalization strategic communication programs and other public diplomacy programs.

Title XI – Civilian Personnel Matters

S.1390 would:

  • Freeze the expansion of the National Security Personnel System (NSPS) and terminate NSPS unless the Secretary of Defense certifies that termination would not be in the best interest of the Department and provides a specific schedule of changes that will be made to the improve fairness, credibility, and transparency of the system.
  • Authorize the Secretary of Defense to establish a program of leadership recruitment and development for the civilian employees of DoD – to be known as the Department of Defense Civilian Leadership Program (DCLP) – to help the Department bring in the most highly-qualified personnel possible, as it implements the Secretary’s plans to increase the civilian workforce by 30,000 positions by 2015.
  • Direct the Secretary of Defense to submit a report to Congress on the utilization of enhanced and expedited personnel hiring authorities for civilian health care professionals (authorized over the past two years).

Title XII – Matters Relating to Foreign Nations

Subtitle A – Assistance and Training.  S.1390 includes provisions that would: 

  • Increase the unit cost threshold for the purchase of items subject to limitations under the Combatant Commander Initiative Fund from $15,000 to $250,000, in order to provide more flexibility in responding to unanticipated needs.
  • Allow DoD to provide administrative support, and to pay for travel and subsistence expenses, to liaison officers from coalition countries who are assigned temporarily to U.S. Joint Forces Command.
  • Clarify that DoD’s existing “train and equip” authority (as provided in the National Defense Authorization Act for Fiscal Year 2006, as amended) allows efforts to build the capacity of coalition partners in Iraq and Afghanistan to conduct stabilization operations and special operations.  The bill would establish an annual funding sublimit of $75 million for these programs to ensure that they remain temporary efforts and do not duplicate or become a substitute for security assistance under Foreign Military Financing (FMF) authorities.
  • Extend for one year the authority of the Secretary of Defense to reimburse key cooperating nations for logistical and military support provided in connection with U.S. military operations in Operation Iraqi Freedom (OIF) and Operation Enduring Freedom (OEF).
  • Authorize a one-year extension of the Commanders’ Emergency Response Program (CERP).
  • Extend for one year the authority for DoD to support Department of State programs for security and stabilization assistance.

Subtitle B – Report on U.S. engagement with Iran.  The bill would require the President to submit to Congress, no later than January 31, 2010, a report on U.S. engagement with Iran, including an assessment of progress on negotiations; the country’s compliance with United Nations Security Council Resolution, its cooperation with the International Atomic Energy Agency, its involvement in illegal narcotics networks in Afghanistan.  It would also assess Iran’s willingness to change its behavior with regard to diplomatic engagement; support for terrorism and extremism; nuclear weapons-related and other nuclear activities; and missile development activities.  The report also would assess the effectiveness of sanctions against Iran.

Subtitle C – Progress in Afghanistan and Pakistan.  S.1390 includes a provision that expresses the Sense of Congress that the Administration should establish comprehensive measures of progress to evaluate the United States strategic objectives in Afghanistan and Pakistan (as outlined in the Administration’s new strategy for the region announced on March 27, 2009) and report to Congress regularly on efforts to achieve progress.

Piracy off the coast of Somalia.  The bill also includes a item of special interest highlighting the necessity of continued U.S. government and international initiatives to combat piracy and address the situation in Somalia.  Until an effective, permanent solution to this challenge is reached, the report urges the commercial shipping industry to develop and implement effective piracy countermeasures including the employment of private armed shipboard security teams capable of responding to and preventing pirate attacks when transiting the Gulf of Aden and waters off the east coast of Somalia.

Commanders’ Emergency Response Program (CERP).  S.1390 includes $1.4 billion for CERP in Iraq and Afghanistan, $100 million below the requested amount, to enable Commanders to fund quickly humanitarian relief and reconstruction projects and authorizes using CERP funds to support the Afghanistan National Solidarity Program to promote Afghan-led local development.

Title XIII – Cooperative Threat Reduction

S.1390 would authorize $424.2 million for the DoD’s Cooperative Threat Reduction (CTR) program, which is an increase of $20 million above the President’s request.  This increased funding includes $10 million for new activities in states outside of the former Soviet Union, $3 million for Russian and other chemical weapons demilitarization, and $7 million for strategic offensive arms elimination.  The bill includes a provision that would authorize CTR funds to be available for three fiscal years.

The legislation also would provide new authority for the Cooperative Threat Reduction Program at DoD and the International Nuclear Materials Protection and Cooperation program at DOE to address emergency nonproliferation issues.

Title XIV – Other Authorizations

Subtitle A – Military Programs.  The bill would authorize Fiscal Year 2010 funding as follows:

·         $141.4 million for the Defense Working Capital Funds and $1.3 billion for the Defense Commissary Agency, which is equal to the President’s request;

·         $1.2 billion for the National Defense Sealift Fund, which is $400 million below the requested amount;

·         $27.9 billion for the Defense Health Program, which is $10.7 million above the request;

·         $1.56 billion for chemical weapons demilitarization, which is equal to the President’s request;

·         $1.08 billion for drug interdiction and counter-drug activities, which is $18.8 million above the request; and

·         $288.4 million for the DoD Office of the Inspector General (IG), which is $16 million above the requested amount.

Subtitle C – Armed Forces Retirement Home.  S.1390 includes a provision that would authorize $134 million to be appropriated for the Armed Forces Retirement Home Trust Fund, including $62 million for operation and maintenance and $72 million for construction and renovation of physical plants.

T-AKE dry cargo/ammunition ship.  The legislation would reduce funding by $400 million for one of two T-AKE auxiliary ships included in the President’s budget request, pending the Quadrennial Defense Review of the Maritime Prepositioning Force (Future) requirements.

Title XV – Overseas Contingency Operations

This title authorizes $129.26 billion for overseas contingency operations for Fiscal Year 2010, which is $740 million below the President’s request. 

Procurement.  The bill includes additional Fiscal Year 2010 for the procurement of items in support of overseas contingency operations as follows:

  • $9.63 billion for the Army, which is $668.9 million above the request;
  • $3.2 billion for the Navy and Marine Corps, equal to the requested amount;
  • $3.5 billion for the Air Force, $40 million below the President’s request;
  • $491.4 million for Defense-wide activities; and
  • $2.1 billion for the Joint Improvised Explosive Device Defeat Fund (JIEDDF).

Research, Development, Test, and Evaluation (RDT&E).  S.1390 would authorize an additional $310.25 million for Fiscal Year 2010 for research and development expenses related to overseas contingency operations, which is equal to the request.

Operation and Maintenance.  The bill would authorize an additional $87.7 billion for Fiscal Year 2010 operation and maintenance expenses related to overseas contingency operations, which is $1.37 billion below the President’s request.

Military personnel.  S.1390 would authorize $13.59 billion for Fiscal Year 2010 military personnel expenses of the active and reserve components, including mobilization costs for Reserve and National Guard forces related to overseas contingency operations, which is equal to the request.

Other authorizations.  The legislation also includes the following authorizations for Fiscal Year 2010, related to overseas contingency operations, consistent with the requested amount, including:

·         $396.9 million for capital fund expenses of the DoD;

·         $1.16 billion for the Defense Health Program;

·         $324.6 million for DoD drug interdiction and counter-drug activities; and

·         $8.9 million for the DoD Office of Inspector General (IG).

Special transfer authority.  S.1390 includes a provision that would authorize the Secretary of Defense to transfer of up to $4.0 billion of overseas contingency operations funding authorizations in this title among the accounts in this title.

Afghan Security Forces Fund.  The legislation would fully fund the Administration’s request for nearly $7.5 billion for the Afghanistan Security Forces Fund to train and equip the Afghan National Army and Afghan National Police.

Pakistan Counterinsurgency Fund (PCF).  S.1390 would establish conditions for DoD’s use of the up to $700 million to be transferred by the Secretary of State to transfer up to $700 million to the Secretary of Defense during Fiscal Year 2010 for the PCF, to build the counterinsurgency capability of the Pakistan military forces and the Pakistan Frontier Corps.  The bill includes a provision that would require the Secretary of Defense to provide an assessment on the Government of Pakistan’s commitment to confronting the threat of al Qaeda, the Taliban, and other militant extremists prior to the expenditure of the PCF funds.

Force XXI Battle Command Brigade and Below.  The legislation would provide an additional $179 million for Force XXI Battle Command Brigade and Below (FBCB2).  This unfunded requirement was identified by the Army Chief of Staff.

Joint Improvised Explosive Device Defeat Fund (JIEDDF).  The bill provides full funding for JIEDDF, a total of $2.1 billion, in the overseas contingency operations component of the budget request.  This includes $564.9 million originally requested in the base budget authority and $1.535 billion in funding authority under the overseas contingency operations budget.

DIVISION B – MILITARY CONSTRUCTION AUTHORIZATIONS

Division B of this act would authorize $22.92 billion in base budget funding for military construction, family housing projects, and the Base Realignment Closure Account (BRAC) for Fiscal Year 2010, which is $22 million above the President’s budget request. 

Title XXI – Army

The bill would authorize $4.3 billion the Department of the Army for Fiscal Year 2010 under this title, including $3.47 billion for military construction, which is $20 million below the request, and $796.65 million for family housing, which is equal to the request.  

Title XXII – Navy

S.1390 would authorize $4.05 billion for the Department of the Navy for Fiscal Year 2010 under this title, including $3.53 billion for family housing, which is $23 million below the requested amount, and $515.11 million for family housing, which is equal to the request. 

Title XXIII – Air Force

The bill would authorize $1.75 billion for the Department of the Air Force for Fiscal Year 2010 under this title, including $1.18 billion for military construction, which is $30 million above the President’s request, $569.04 million for military family housing, which is equal to the request.

Title XXIV – Defense Agency Authorizations

Military Construction.  S.1390would provide$3.3 billion for the defense agencies for Fiscal Year 2010 under this title, which is $240 million below the request; $151.54 million for chemical demilitarization, which is $5 million above the request; and $425.04 million for family housing for defense agencies, the Family Housing Improvement Fund, and the Homeowners Assistance Program, which is $350 million above the President’s request.  

Title XXV – North Atlantic Treaty Organization Security Investment Program

The legislation would authorize $276.3 million for the NATO Security Investment Program for Fiscal Year 2010, which is equal to the President’s request.

Title XXVI – Guard and Reserve Forces Facilities

S.1390 would authorize a total of $1.2 billion, which is $248.6 million above the President’s request, for acquisition and construction of facilities for use by the National Guard and Reserve, including the following:

·         $481.8 million for the Army National Guard, which is $55.3 million above the President’s request;

·         $378.7 million for the Army Reserve, which is $3.9 million above the request;

·         $64.1 million for the Naval and Marine Corps Reserve, which is equal to the request;

·         $301.4 million for the Air National Guard, which is $171.3 million above the requested amount; and

·         $45.6 million for the Air Force Reserve, which is $18.1 million above the requested amount.

Title XXVII – Base Closure and Realignment Activities

The bill would authorize full funding request to continue the implementation of the results of the Defense Base Closure and Realignment (BRAC) rounds, which includes $396.8 million for BRAC IV and $7.5 billion for BRAC 2005 for Fiscal Year 2010.

Title XXIX – Overseas Contingency Operations Military Construction Authorizations

S.1390 would authorize a total of $1.4 billion for Fiscal Year 2010 military construction, land acquisition, and military family housing construction funding related to overseas contingency operations, including $930.5 million for the Army and $474.5 million for the Air Force.

DIVISION C – DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS

Title XXXI – Department of Energy (DOE) National Security Programs

Subtitle A – National Security Programs Authorizations

This title would authorize a total of $16.4 billion for atomic energy defense activities of DOE for Fiscal Year 2010, which is equal to the President’s budget request, and one percent above Fiscal Year 2009 funding levels.

National Nuclear Security Administration. S.1390 would authorize $10.2 billion for the National Nuclear Security Administration (NNSA), including the following:

  • Nonproliferation: a total of $2.1 billion for defense nuclear nonproliferation activities, which is equal to the budget request.
  • Weapons activities: $6.5 billion for weapons activities of the NNSA, which is $106.2 million above President Obama’s budget request. 
  • Naval reactors: $1.0 billion in funds for Naval reactors, consistent with the President’s request. 
  • Office of Administration: $420.8 million for the Office of Administration, which is equal to the President’s request.  
  • Defense environmental cleanup: $5.4 billion for defense environmental cleanup, which is $100 million below the budget request.
  • Other defense activities: $852.5 million for other defense activities, which is equal to the budget request.
  • Defense nuclear waste disposal: $98.4 million for defense nuclear waste disposal, which is equal to the requested amount.
  • Energy supply: no funding for energy supply, which is a reduction of $6.2 million from the requested amount.

The bill would:

  • Add $5.7 million for nuclear counterterrorism incident response, to support efforts to improve U.S. capability for nuclear forensics and attribution;
  • Provide an additional $30 million to ensure that the NNSA Laboratories can continue to support the intelligence community, particularly in the areas of nuclear weapons and proliferation issues as well as biological and chemical weapons proliferation issues;
  • Add $50 million for nonproliferation and verification research and development, to fund increased forensics capabilities, international safeguards technologies, nuclear detonation systems, seismic monitoring, proliferation detection technologies, and support to joint DOE and Air Force space situational awareness activities; and
  • Provide no funds for nuclear disablement and dismantlement activities in North Korea.

Subtitle B – Program Authorizations, Restrictions, and Limitations.  S.1390 includes provisions that would:

  • Direct the Secretary of Energy to develop a life extension program for nuclear weapons.
  • Repeal the provision directing the DOE to develop a Reliable Replacement Warhead (RRW).

Subtitle C – Other Matters.  The legislation includes a provision that would direct the Government Accountability Office (GAO) to review and report on the efforts of the DOE’s Office of Environmental Management to identify and implement cleanup projects using the funds received under the American Recovery and Reinvestment Act of 2009 (P.L. 111-5).

Title XXXII – Defense Nuclear Facilities Safety Board

S.1390 would authorize $26.1 million for the Board for Fiscal Year 2010, which is equal to the President’s budget request.

Legislative History

On June 25, 2009, Senate Armed Services Committee favorably reported S.1390, the National Defense Authorization Act for Fiscal Year 2010 (Senate Report 111-035).  The House of Representatives passed H.R.2647, the National Defense Authorization Act for Fiscal Year 2010, on June 25, 2009 by a vote of 389 to 22, 1 present.

Previous Votes

On September 17, 2009, the Senate passed S.3001, the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009, by a vote of 88 to 8.  On September 24, 2008, the conference report for the bill was agreed to in the House by a vote of 392 to 39, and on September 27, 2008, the Senate agreed to the conference report by unanimous consent.  The President signed the bill into law on October 14, 2008.

On January 1, 2008 the House of Representatives passed H.R.4986, the National Defense Authorization Act for Fiscal Year 2008, by a vote of 369 to 46.  On January 22, 2008, the Senate passed H.R.4986 by a vote of 91-3.  The President signed the bill into law on January 28, 2008.

On October 1, 2007, the Senate passed H.R.1585, the National Defense Authorization Act for Fiscal Year 2008, with an amendment by a vote of 92 to 3.  On December 12, 2007, the conference report for the bill was agreed to in the House by a vote of 370 to 49 and on December 14, the conference report was agreed to in the Senate by a vote of 90 to 3.  On December 28, 2007, the President vetoed the bill. 

On June 6, 2006, the Senate passed S.2766, the John Warner National Defense Authorization Act for Fiscal Year 2007, by a vote of 96 to 0.  On September 29, 2006, the conference report for the substitute bill, H.R.5122, was agreed to in the House by a vote of 398 to 23.  On September 30, 2006, the Senate agreed to the conference report by unanimous consent.  The President signed the bill into law on October 17, 2006.

Statement of Administration Policy

On June 24, 2009, the Obama Administration issued a Statement of Administration Policy (SAP) for the House version of the bill, H.R.2647,the National Defense Authorization Act for Fiscal Year 2010, which outlined a number of “serious concerns” with the House-passed bill.  This SAP can be accessed on the Office of Management and Budget’s website: (http://www.whitehouse.gov/omb/assets/sap_111/saphr2647h_20090624.pdf).  At the time of publication, no SAP had been issued for the Senate version of the bill.

Possible Amendments

The DPC will circulate information about possible amendments as it becomes available. 

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