Mar 29, 2013
Part 2 of the Continuing Resolution which funds the government
until September 30th. In this section, we look at the funding for
the Defense Department and the Department of Homeland Security.
H.R. 933: Consolidated and Further
Continuing Appropriations Act of 2013 B= Billion M=
Million DIVISION C: DEFENSE DEPARTMENT (TOTAL FUNDING:
$597,086,714,000) Title I—Military
Personnel
Title II—Operation and Maintenance
Title III—Procurement
- $100 B: Total funding
- Public funding for private procurements
- In every category:
- "Expansion of public and private
plants including the land necessary"
- "Procurement and installation of
equipment, appliances, and machine tools in public and private
plants"
- "contractor-owned equipment
lay-away" = no interest is charged
Shipbuilding and Conversion, Navy
- No money can be used to construct ships in foreign
shipyards
Title IV—Research, Development, Test and
Evaluation
Title V—Revolving and Management Funds
- $1.5 B: Defense Working Capital Funds
Title VI—Other Department of Defense
Programs
- $32.7 B: Health programs
- $1.1 B: Drug rehab programs for military personnel
- $350 M: Inspector General
Title VII—Related agencies Title
VIII—General provisions Section 8001
- No money can be used for publicity or propaganda
Section 8002
- Laws prohibiting employment of non-citizens doesn't apply to
the Department of Defense
- Salary increases for foreigners can't be more than civilian DoD
employees get or more than the person's home country provides,
whichever is higher
- This doesn't apply to Turkish citizens working for the Defense
Department.
Section 8020
- No money can be used for national or international political or
psychological activities
Section 8024
- No money can be used to by steel plates which were not produced
in the U.S. or Canada
Section 8026
- DoD may contract out depot maintenance activities to private
firms if done in a competitive way
- The Bush administration's procedure
was known as an OMB Circular A-76 will not be used
- Became prohibited after the Walter Reed
Army Medical Center scandal in 2007
- Walter Reed was privatized in 2006
to IAP Worldwide Services, which was owned by a capital management
company headed by Bush's former Treasury Secretary, John Snow. The
company itself was headed by former high ranking executives from
KBR, the Halliburton subsidiary.
- 2004: The Army it would be more
cost-effective to do the work in-house
- Immediately after taking control of
Walter Reed, the company cut staff from 180 workers to 100.
- The A-76 process seemed to favor the
private sector and allowed inherently governmental functions to be
transferred to the private sector
Section 8035
- If someone puts a label saying "Made in America" on a product
that wasn't, that person may be prohibited from contracting with
the Defense Department.
Section 8039
- No money can be used to contract a Defense Department function
that is currently done by government employees unless:
- A price competition is
performed
- The private contractor would be less
expensive by at least 10% or $10 M
- The contractor doesn't skimp on
employee health insurance coverage in order to win the bid
- This doesn't apply to depot maintenance
- $23.5 B appropriated for depot
maintenance, which is over $811 M more than requested.
Section 8044
- No money can go towards reducing the staff at medical treatment
facilities below levels from September 30, 2003
Section 8047
- Defense Department can only purchase supercomputers that are
made in the United States, unless they want something that isn't
available here
Section 8050
- No Defense Department funds can go towards paying a contractor
bonus that is more than 100% of that person's salary or a bonus
that's part of a merger
Section 8054
- The Defense Department can upgrade the heating system at the
Kaiserslautern Military Community in Germany as long as the new
system uses United States coal
Section 8057
- Defense Department can't train any foreign security forces that
have committed human rights abuses, but this can be waived by the
Defense Secretary in "extraordinary circumstances"
Section 8058
- No funds can be used for repairs or maintenance to military
family housing units
Section 8063
- No funds can be used to transfer armor piercing weapons to any
non-governmental entity
Section 8065
- Defense Department money spent on stocking or selling alcohol
on military bases needs to go to locally produced beer and
wine.
- Applies to bases in States "which
are not contiguous with another State."
Section 8070
- $479,736,000 for Israel
- $211 M for Iron Dome Missile defense
($0 requested)
Section 8076
- No money can go towards developing nuclear armed missile
interceptors
Section 8079
- No money will be available for using foreign intelligence that
wasn't lawfully collected
- "Information pertaining to United States' persons shall only be
handled in accordance with protections provided in the Fourth
Amendment of the United States Constitution as implemented through
Executive Order No. 12333
- Executive Order 12333 says data will
be collected using procedures established by the head of the
Intelligence Community and approved by the Attorney General.
Section 8083
- No money can go towards transferring the MQ-1C Gray Eagle drone
out of the Army's control
- MQ-1C Gray Eagle is an upgrade
to the Predator drone and has been able to fire Hellfire missiles
since 2010
Section 8097
- No funds can go towards a contract with a company that forces
its employees to resolve sexual assault or other disputes through
arbitration. This goes for their subcontractors too.
Section 8098
- No money can go to ACORN.
Section 8109
- No money can go towards the transfer of Khalid Sheikh Mohammed
or any other prisoner held in Guantanamo Bay.
Section 8110
- No money can go towards transferring a prisoner from Guantanamo
Bay to their home country - or any other country- unless the
Defense Secretary tells Congress 30 days prior. Notice must confirm
that the government of receiving country:
- Is not a "state sponsor of
terrorism"
- Has agreed to make sure the person
can't threaten the United States in the future
- Will give any information about this
person to the United States when requested
- Exceptions
- It's ordered to be done by a court
or tribunal
- A pre-trial agreement has been made
in a military commissions case before this bill became law
- The Secretary will take "alternative
actions" (which are undefined)
- The transfer is in the U.S. national
security interests
Section 8111
- No money can be used to construct or modify a prison inside the
United States for the purpose of housing Guantanamo Bay
detainees
- Upgrades can be made to Guantanamo
Bay
Section 8112
- No money can be used to enter into a contract with a
corporation with unpaid Federal taxes… unless the "agency" says
it's cool.
Section 8113
- No money can be used to enter into a contract with corporation
that's been convicted of a felony… unless the "agency" says it's
cool.
Section 8118
- "The Secretary of the Air Force shall obligate and expend funds
previously appropriated for the procurement of RQ-4B Global Hawk
and C-27J Spartan aircraft for the purposes for which such funds
were originally appropriated."
- RQ-4B Global Hawks overfunded
compared to request by $107 million
- C-27J Spartan: Budget request $0,
given $137,863,000
Section 8119
- The next warship will be named after Senator Ted Stevens
Section 8120
- No funds can be used to retire the C-23 Sherpa aircraft.
- The C-27J aircraft, funded in
section 8118, was selected to replace the C-23 Sherpa in 2007.
- Budget request: $0, given
$10,300,000 to retain 8 planes, down from 23 in 2008
Title IX—Overseas contingency operations (Global War on
Terror)
- $87 B: Total funding
- $5 B: Training Afghanistani
soldiers
- $325 M: Afghanistan
infrastructure
- $10 M: Inspector General
Section 9007
- No money can "establish" a military installation for the
purpose of a permanent stationing of U.S. Armed Forces in
Iraq.
- No money can be used to exercise U.S. control over any oil
resource in Iraq
- No money can be used to "establish" any military installation
for permanent stationing in Afghanistan
Section 9012
Section 9014
- No money can go to Pakistan unless they:
- Cooperate in the US in counter
terror efforts against Al Qaeda and others
- Do not interfere in Afghanistan
- Dismantle IED netowrks
- Prevent the spread of nuclear
information and material
- Issue visa's quickly to United
State's officials working on counter terrorism
- Give humanitarian organizations
access to their prisoners
- The Defense Secretary can waive these requirements & can
submit the reasons in classified form
DIVISION D—HOMELAND SECURITY (TOTAL FUNDING: $47
B) Title I—Departmental management and
operations
Title II—Security, enforcement, and
investigations U.S. Customs and Border Patrol and
Immigration
Border Patrol
- Must maintain at least 21,370 full time agents
- $515 M available for drones & marine vessels
Immigration
- $5.4 B: Total funding
- Must maintain at least 34,000 detention beds
- $2.7 B: For detention and deportations
TSA (Transportation Security Administration)
- $7 B: Total funding
- $4 B: Screening operations
- $1 B: Federal air marshals
- Staffing limited to 46,000 employees
- 9 months after passage, procedures for a Known Crewmember pilot
program need to be submitted to Congress
Coast Guard
- $10 B: Total funding
- Includes $1.4 B for retiree
benefits
Secret Service
Title III—Protection, preparedness, response, and
recovery Infrastructure Protection & Information
Security
- $1.1 B: Funding available until September 30, 2014
Federal Protective Service
- Funded by user fees
- Must have at least 1,371 staffers, 1,007 police
officers/special agents
Office of Biometric Identity
- $232 M: Total funding
- US-VISIT program fingerprints and
photographs every non-US citizen who enters the country.
- 30,000 Federal, state, and local
officers have access to the data
- The program is supposed to "collect
biometrics" from non-U.S. citizens leaving at their gates
- Accenture is the contractor for US-VISIT services
at the time they were first given the contract, the corporation was registered in Bermuda - a tax
haven country. It's now headquartered in Ireland- known for their
low corporate tax rate- even though it's operational headquarters
are in Chicago and NYC.
Office of Health Affairs
- $133 M: BioWatch
- Created after the 2001 anthrax
attacks and announced in Bush's 2003 State of the Union (1:36:50 on
CSPAN)
- Sensors located in EPA air filters designed to detect
airborne pathogens in Philadelphia, NYC, DC, San Diego, Boston,
Chicago, San Francisco, St. Louis, Houston, and Los Angeles.
- The system is designed to alert the
Centers for Disease Control and the FBI of any significant
dangers
- Has only produced false alarms and
no evacuations have ever been ordered or medicines distributed due
to a positive reading on this system
- Has already cost $1 B, an upgrade
would cost $3.1 B; they've begun the contracting competition between
three contractors
FEMA (Federal Emergency Management Agency)
- $3.5 B: FEMA operations
- $7 B: Disaster relief fund
National Flood Insurance Fund
- $171 M that will be funded by insurance premiums
- Salaries, flood mitigation efforts,
and flood insurance operations, flood plain mapping
- Funding caps:
- $132 M cap on operating
expenses
- $120 M cap on flood mitigation
efforts
- $1 B + cap on commissions and taxes
of agents
National Pre-disaster Mitigation Fund
- $25 M available until expended
Emergency Food and Shelter
- $120 M available until expended
Title IV—Research and development, training, and
services United States Citizenship and Immigration
Services
- $112 M: E-Verify program
- Internet system that checks to make
sure an employee is legally allowed to work in the United
States
Title V—General provisions Section 516
- No Circular A-76 competitions allowed for services provided by
immigration officers, contact representatives, and investigative
assistants
Section 522
- No money can go towards reorganizing the Department of Homeland
Security
Section 525
- Extends authority of the Department of Homeland Security to
carry out prototype projects related to weapons or weapons systems
that may be bought or created by the Department of Defense
Section 529
- No money can go towards reducing staff at the Coast Guard
Section 530
- No money can go toward preventing a non-seller from bringing
prescription drugs that are less than a 90 day supply
Section 533
- No money can go towards planning, testing, or developing a
national identification card
Section 534
- The TSA Administrator can except certain airports from using
the E-Verify program as long as they tell Congress that no security
risks will result
Section 538
- Can't transfer Khalid Sheik Mohammad or any other detainee out
of Guantanamo Bay
Section 539
- No first class travel for DHS employees
Section 540
- DHS employees can't be punished for using protective equipment
like respirators, gloves, etc.
Section 544
- 6 months after bill signed, TSA must tell Congress if all air
cargo is being screened, and if not, when it will be
Section 545
- In developing screening procedures, DHS Secretary will make
sure the procedures "take into consideration such passengers' and
crews' privacy and civil liberties consistent with applicable laws,
regulations, and guidance."
Section 551
- DHS can sell detention facilities as long as there are at least
34,000 beds available for immigrant detainees
Section 554
Section 558
- $202 M: Establish a "Federal Network Security" program, which
includes a "continuous monitoring and diagnostics program"
- The software can't give DHS any
personally identifiable information or communications between
employees of other agencies
- The software needs to be installed
in accordance with privacy laws
- Exempted: Congress, Judicial
Branch, Defense Department, CIA, and NSA
Section 559
- No porn allowed on government networks
Section 567
- No money can go towards creating a Public Advocate position
within U.S. Immigration and Customs Enforcement
- Public Advocate: In NYC, acts as a
"watchdog", speaks to government officials on behalf of the
public