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Today, Congressman Joe Sestak (PA-07) voted for,
and the House passed, the Supplemental Appropriations Act of 2010.
This measure funds ongoing contingency operations in Iraq and
Afghanistan, including the President’s surge of 30,000 additional
troops to Afghanistan, as announced last December.
The base bill, as adopted by the Senate, provides $45.5 billion in
discretionary funding for FY 2010, of which $37.12 billion is provided
for our troops in Iraq and Afghanistan. The House amendment adds a
number of high priority initiatives which are fully offset. These
include $10 billion for an Education Jobs Fund, $4.95 billion for Pell
Grants, $701 million for border security, $180 million for innovative
technology energy loans, $163 million for schools on military
installations, $142 million in additional Gulf Coast oil spill
funding, $50 million in emergency food assistance, and $16.5 million
to build a new soldier processing center at Fort Hood.
The bill also sets a discretionary spending limit of $1.12 trillion
for FY 2011, $7 billion less than the President’s request and $3
billion less than the Senate limit. Additionally, it aligns the House
pay-as-you-go rules with the statutory pay-as-you-go procedures under
current law. The resolution also stipulates that any savings created
by the enactment of legislation recommended by the National Commission
on Fiscal Responsibility and Reform would be set aside in a reserve
fund to ensure that such savings are used only for deficit reduction,
and are not available to offset the cost of future legislation.
“I supported the President’s strategy in Afghanistan and have
continued to vote for its funding because of Al Qaeda’s safe haven in
Pakistan,” said the Congressman. “If we change course prematurely, we
could leave Al Qaeda too much ability to plan against us, and we end
up having to return because of their safe haven in Pakistan. If we do
not address the threat there now, the cost in lives and treasure could
be exponentially greater if that nation fails,” the Congressman
continued.
Congressman Sestak voted against the Lee Amendment, which would have
terminated all funding for the war in Afghanistan except for
withdrawal and humanitarian aid. Additionally, he voted against the
Obey-McGovern-Jones Amendment, which, among other provisions, would
have required Congress to pass a joint resolution by July 1, 2011 for
the war in Afghanistan to continue. He also opposed a third amendment
which would have removed all war funding from the bill for
Afghanistan.
“I support some elements of the Obey-McGovern Amendment,” said the
Congressman. “Last year, I voted for an amendment to the FY 2010
National Defense Authorization Act which, like Obey-McGovern, would
have required the President to deliver an exit strategy. During my
tenure in the Clinton Administration as Director of Defense Policy, I
authored a National Security Strategy which stated that for every
conflict, we should promulgate an exit strategy. We must never allow
ourselves to get caught in a quagmire that drains our treasury and
readiness, strains our alliances, and ends up leaving us more
vulnerable. Therefore, we must have benchmarks and a clear trajectory
to demonstrate to the American people that their sacrifice is
necessary, that we have a plan that is working, and that our efforts
can achieve a definable victory,” the Congressman continued.
“However, this amendment, in balance, was premature and the manner of
its implementation remains unclear. While I support stringent
oversight over this conflict, which I have worked to provide as a
member of the House Armed Services Committee, I did not think it was
appropriate to put strings on Fiscal Year 2011 funding which has not
even been appropriated yet. Additionally, it would be a highly
subjective interpretation, under this amendment, of what constitutes
obligation of funding “in a manner that is inconsistent with the
President’s policy…to begin the orderly withdrawal of United States
troops from Afghanistan after July 1, 2011,” said the Congressman.
“While I voted against this proposal, I will continue to call upon the
President and Secretary Gates to deliver an appropriate exit strategy
based on quantifiable metrics and clear benchmarks that would assess
our progress and a trigger an exit strategy if we are successful or a
change in course if our goals were not being met in Pakistan,” said
the Congressman. “Ultimately, we can’t get caught policing an
interminable civil war or stuck in an endless project of building
another nation when we’ve got a nation that needs building right here.
I agree with the President’s December statement that “this effort must
be based on performance. The days of providing a blank check are
over.”
Summary of H.R. 4899 - Supplemental Appropriations Act of 2010
The House of Representatives will act on the 2010 supplemental
appropriations bill for efforts in Iraq, Afghanistan, and Haiti and
pressing domestic needs this week. The Appropriations Committee is
proposing an amendment to H.R. 4899 to add additional, fully offset,
investments to meet domestic needs, such as education jobs and border
security.
The Senate bill provides a total of $45.5 billion in discretionary
funding for FY 2010, of which $37.12 billion is provided for our
troops in Iraq and Afghanistan. The bill also provides $5.1 billion
for FEMA disaster relief, $2.9 billion for Haiti, $162 million for the
Gulf Coast oil spill, and over $600 million for other domestic needs
in discretionary appropriations. Additionally, the bill includes $13
billion in mandatory funding for Vietnam veterans exposed to Agent
Orange as requested by the President.
The House amendment adds $10 billion for an Education Jobs Fund, $4.95
billion for Pell Grants, $701 million for border security, $180
million for innovative technology energy loans, $163 million for
schools on military installations, $142 million in additional Gulf
Coast oil spill funding, $50 million in emergency food assistance, and
$16.5 million to build a new soldier processing center at Fort Hood.
In order to hold the total amount to the President’s requested level
over a ten-year period, the amendment includes $11.7 billion in
rescissions from programs that no longer require the funding, have
sufficient funds on hand, or do not need the funding this year or next
and $4.7 billion in savings from changes to mandatory programs. In
total, the amendment saves the Federal Government $493 million over
ten years compared to the President’s request.
The amendment also provides $538 million for program integrity
investments that are proven to produce 1½ times that in savings.
SUMMARY OF PROVISIONS IN HOUSE AMENDMENT
Education Jobs: $10 billion, fully offset, for an Education Jobs Fund
to provide additional emergency support to local school districts to
prevent impending layoffs. It is estimated that this fund will help
keep 140,000 school employees on the job next year.
Process: The fund will be administered by the Department of Education.
After reviewing State applications, the Department will make formula
allocations to States based on total population and school age
population. States will then distribute the funds to school districts
through their respective funding formulas or based on each district’s
share of Title I funds. In the case that a Governor does not submit
an approvable application for funds to the Department of Education,
the bill directs the Secretary to bypass the State government and make
awards directly to other entities within the State.
Requirements: The bill includes strict provisions to ensure that
States use these funds only for preservation of jobs serving
elementary and secondary education, and not to supplant State spending
on education.
Ø Amounts from the Education Jobs Fund may not be used for
purposes such as equipment, utilities, renovation, or transportation.
Ø The bill prohibits States from using any of these funds to add
to “Rainy-Day Funds” or to pay off State debt.
Ø In order to receive an Education Jobs Fund grant, each State
must provide assurance that State spending for both K-12 and higher
education (measured separately) in fiscal year 2011 will be at or
above either:
1. the fiscal year 2009 level (in aggregate or per pupil);
2. the same percentage share of the total State budget as in
fiscal year 2010, or;
3. for states demonstrating especially dire fiscal conditions,
the 2006 fiscal year aggregate dollar level or percentage share.
NOTE: More stringent rules apply to the State of Texas.
Pell Grants: $4.95 billion, fully offset, to address the current year
shortfall in the Pell Grant Program that was unanticipated last year.
Over 8 million students received Pell grants this year.
Border Security: $701 million to strengthen enforcement on the
southern border, including:
· $208.4 million for 1,200 additional Border Patrol agents
deployed between the ports of entry along the Southwest Border.
· $136 million to maintain current Customs and Border Protection
(CBP) officer staffing levels and add 500 additional officers at ports
of entry along the Southwest Border.
· $35.5 million for improved tactical communications on the
Southwest Border, three permanent Border Patrol forward operating
bases, and a surge of workforce integrity investigations designed to
prevent corruption among CBP officers and agents.
· $50 million for Operation Stonegarden grants to support local
law enforcement activities on the border.
· $32 million to procure two additional CBP unmanned aircraft systems.
· $30 million for Immigration and Customs Enforcement activities
directed at reducing the threat of narcotics smuggling and associated
violence.
· $50 million that may be used to deploy National Guard troops
to the southern border should the President decide to do so.
· $201 million for Justice Department programs, as requested.
Gulf Oil Spill: $304 million for the Gulf Coast oil spill. The Senate
bill carried $162 million, including: $83 million for unemployment
assistance related to the oil spill and an oil spill relief employment
program; $7 million for NOAA oil spill response activities, including
scientific investigations and sampling; $14 million to respond to
economic impacts on fishermen; $10 million for Justice legal
activities; $5 million for economic recovery planning; and $31 million
for the Department of the Interior to conduct additional inspections
and enforcement and to strengthen oversight and regulation and for the
EPA to conduct a long-term risk study. The House amendment adds $12
million for the newly created Presidential Commission investigating
the spill; and $130 million for an unemployment benefits program for
the self-employed (i.e., fisherman) and for training and employment
services.
Emergency Food Assistance: $50 million for The Emergency Food
Assistance Program for food purchases to distribute through local
emergency food providers.
Schools on DoD Installations: $163 million to improve the capacity and
condition of elementary and secondary schools located on DoD
installations.
Energy Loans: $180 million to allow $18 billion in innovative
technology energy loans, split evenly between nuclear and renewable
energy programs.
Fort Hood Soldier Processing Center: $16.5 million for the replacement
of the Soldier Readiness Processing Center at Fort Hood, Texas, the
site of the 2009 shooting.
Program Integrity Funding: $538 million to strengthen waste, fraud and
abuse prevention and enforcement for Medicare, Medicaid and the IRS.
Research shows that for every $1.00 invested into identifying and
eliminating waste, fraud and abuse in government spending, we get
$1.50 back.
UNDERLYING SENATE PROVISIONS
FEMA Disaster Relief: $5.1 billion for the FEMA Disaster Relief Fund,
as requested by the President and included in the Senate bill. The
request is necessary to pay for known costs for past disasters, such
as Hurricanes Katrina, Rita, Ike, and Gustav, the Midwest floods of
2008, and the California wildfires and for needs that emerge from new
disasters.
Veterans: $13.377 billion in mandatory appropriations in 2010, as
included in the Senate bill, for the payment of benefits to Vietnam
veterans and their survivors for exposure to Agent Orange, which has
been linked with Parkinson’s disease, ischemic heart disease, and
hairy cell/B cell leukemia. An estimated 86,069 people will be
eligible to receive retroactive payments and 67,259 people will be
eligible to receive new benefits.
Haiti: $2.93 billion provided in the Senate bill for Haiti, $130
million above the request.
Farm Loans: $31.5 million, supporting $950 million in farm loans,
included in the Senate bill for the Farm Service Agency (FSA) to
provide direct loans to family farmers who may not qualify for
agricultural credit through other commercial institutions in the tight
credit market. The funding provided in the FY 2010 appropriation bill
was estimated to meet demand at the time the bill was passed, but
demand for the farm ownership and operating loan programs continues to
rise above historical levels due to the lack of availability of
conventional credit.
Disaster Assistance: $100 million in Community Development Block Grant
(CDBG) funding included in the Senate bill to help local communities
devastated by flooding this year.
Mine Safety: $22 million included in the Senate bill to reverse the
growing backlog of mine safety enforcement cases while ensuring that
the Mine Safety and Health Administration (MSHA) can complete 100% of
its mandated mine inspections.
Financial Crisis Inquiry Commission: $2 million included in the Senate
bill to allow the Commission to investigate the causes of the recent
financial crisis. The Commission is tasked with submitting its report
by December, 2010.
Capitol Police: $13 million included in the Senate bill for the
ongoing acquisition and installation of a modern digital radio system
because of known security threats.
Port of Guam: $50 million, as requested, included in the Senate bill
to improve and provide greater access to port facilities.
Highway Safety: $15 million included in the Senate bill for additional
studies of sudden acceleration and to administer fuel economy
standards.
Rural Housing Loans: the Senate bill provides authority to continue
making loans, and protects low-income borrowers from the loan fee
increase.
Army Corps of Engineers: $178 million included in the Senate bill to
respond to natural disasters.
Mississippi River and Tributaries: $18.6 million included in the
Senate bill to respond to disasters.
Emergency Drought Relief: $10 million included in the Senate bill to
respond to droughts in the West.
Flood Control and Coastal Emergencies: $20 million provided in the
Senate bill for the Army Corps.
Fisheries Disasters: $26 million provided in the Senate bill and
offset by a NOAA rescission.
Economic Development Administration: $49 million provided in the Senate bill.
Emergency Forest Restoration: $18 million provided in the Senate bill.
Coast Guard: $16 million provided in the Senate bill for aircraft replacement.
OFFSETS
The bill includes $11.7 billion in rescissions from programs that no
longer require the funding, have sufficient funds on hand, or do not
need the funding this year or next. It also includes $4.7 billion in
savings from changes in mandatory programs. Rescissions include:
· $69.9 million in funds appropriated before 2008 to the
Department of Agriculture.
· $122 million in funding provided to the Department of
Agriculture for emergencies that have been completed.
· $487 million in Recovery Act and other funding provided to the
Department of Agriculture for WIC.
· $27.3 million in emergency funding for the Farm Service Agency
provided as early as 2004 that are no longer needed.
· $602 million in Recovery Act funding provided to the
Departments of Agriculture and Commerce for broadband grants.
· $112 million in funding provided in the Recovery Act for
digital television.
· $15 million in funding provided in the Recovery Act for NIST
construction.
· $2 billion in funding appropriated as early as 2006 to the
Defense Department.
· $500 million in funds appropriated to the Department of
Defense for military construction projects that achieved bid savings.
· $262 million in Recovery Act funding provided to the
Department of Defense.
· $177 million in funding appropriated to the Defense Department
for HMMWVs they no longer plan to purchase.
· $116 million appropriated for the Non-Line of Sight Launch
System (NLOS-LS) which the Army has terminated.
· $100 million appropriated to the Army for Operations and
Maintenance, because of slow execution of some programs within the
account
· $87 million appropriated for SINCGARS radios and other Army
procurement programs that have not been spent as quickly as planned.
· $237 million in funds appropriated for Army Corps of Engineers
projects now terminated or completed, or for projects that have not
utilized allocated funding for several years.
· $800 million in funding provided to the Department of
Education for new discretionary grant awards.
· $329 million in funding appropriated as early as 2009 to the
Department of Energy, (including out-year savings).
· $18 million in funding appropriated as early as 2005 to the
Nuclear Regulatory Commission.
· $100 million in funding appropriated to the General Services
Administration.
· $6 million in funds appropriated in 1995 to the Department of
Health and Human Services.
· $2 billion in funding appropriated as early as 2004 to the
Department of Health and Human Services for pandemic flu and
procurement of new biological countermeasures.
· $200 million in funding for DHS border efforts currently
frozen due to secretarial review.
· $36 million in funds appropriated in 2006 to FEMA.
· $7 million in funds appropriated in 2006 to the Coast Guard.
· $53.8 million in funds appropriated as early as 2007 for
research in DHS’ Domestic Nuclear Detection office.
· $6.6 million in funds appropriated in 2007 to the
Transportation Security Administration.
· $80 million in Recovery Act funding appropriated to the
Department of Interior, EPA, and Forest Service.
· $33 million in funding provided in 1997 and 2004 to the
National Park Service and the Fish & Wildlife Service.
· $2.7 million in funds appropriated in 2010 to the Judiciary.
· $11 million in funds appropriated in 1989 to the Federal
Highway Administration.
· $8 million in funds appropriated in 2004 and 2006 to the
Federal Aviation Administration.
· $112 million in funds appropriated in 2008 for Hurricanes Ike
and Gustav and Midwest Floods.
· $400 million in funds appropriated in 2008 for CDBG for
Hurricane Katrina.
· $2.2 billion in highway contract authority.
· $44 million in unused Recovery Act funding from the Consumer
Assistance to Recycle and Save Program (aka Cash for Clunkers).
· $40 million in Recovery Act funding appropriated to the State
Department.
· $150 million in funding appropriated for the Millennium
Challenge Corporation.
· $70 million in funding appropriated to the Department of State
and USAID for the Civilian Stabilization Initiative.
· $6 million in Recovery Act funding provided to the Department
of Veterans Affairs for which the purpose has been completed.
· $5 million in funding appropriated to the Architect of the Capitol.
Other Provisions:
Iran Sanctions: The House amendment prohibits funding from being
provided for any new contract unless the contractor has certified that
it, and any entities it controls, does not engage in activity that
could be sanctioned under section 5 of the Iran Sanctions Act of 1996.
No Fly List: The Senate bill requires the Transportation Security
Administration (TSA) to require commercial foreign air carriers to
check the list of individuals TSA has prohibited from flying no later
than 30 minutes after the list has been updated.
High-Value Detainee Interrogations: The Senate bill requires the FBI
to submit the High-Value Detainee Interrogation procedures, and any
updates to those procedures, to the Congress within 30 days.
Defense Jobs Estimates: The House amendment requires an assessment of
the number of jobs and costs associated with new major defense
acquisitions planned for 2011.
Preserving Access to Affordable Generic Drugs: The House amendment
includes a provision to strengthen the Federal Trade Commission’s
ability to restrict lucrative “pay for delay” payments by brand-name
drug manufacturers to their generic competitors to delay the
manufacture and marketing of more affordable generic drugs to
consumers. In 2009, an FTC study found that a ban on these lucrative
sweetheart drug industry deals would save American consumers $35
billion over 10 years. CBO estimates that with the provision in this
bill, the federal government will save more than $2.4 billion over 10
years in lower drug costs for Medicare, Medicaid, military and
veterans’ health programs.
Medicaid AMP Computation: Medicaid AMP Computation: The House
amendment includes a provision to clarify the calculation of the
“Average Manufacturer Price” (AMP), which determines the amount of
manufacturer rebates to the federal government for outpatient drugs
purchased by the Medicaid program. This technical correction to the
health care reform bill affects certain injectable, infusible, and
inhalation drugs. It will save the American taxpayers $2.1 billion
over 10 years.
Public Safety Collective Bargaining: The House amendment guarantees
collective bargaining rights for the nation’s first responders
employed by States and localities. Under the language, states would
administer and enforce their own labor laws, while the Federal Labor
Relations Authority would step in only where such laws do not exist or
do not meet minimum standards. The language prohibits public safety
officers from engaging in a lockout, sickout, work slowdown, strike,
or any other organized job action that will disrupt the delivery of
emergency services.
FHA Loan Authority: The House amendment increases the loan commitment
authority for the Federal Housing Administration (FHA) to insure
mortgages for multi-family housing, hospitals and health care
facilities. This increase in authority is necessary in order to avoid
a disruption or suspension in the financing of these facilities.

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Tags: Congressman Sestak Votes for Passage of War Supplemental, PA-07