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Andrews Announces House-Senate Agreement On FY10 National Defense Authorization

Press Release

Location: Washington, D.C.

Earlier this week Congressman Rob Andrews announced that the House and Senate Armed Services Committees have reached agreement on the conference report to H.R. 2647, the Fiscal Year 2010 National Defense Authorization Act. This legislation authorizes $550.2 billion in budget authority for the Department of Defense (DOD) and the national security programs of the Department of Energy (DOE). The bill also authorizes $130 billion to support overseas contingency operations during fiscal year 2010.

As Chairman of the House Defense Acquisition Reform Panel, Congressman Andrews strives to equip our warfighters with the necessary tools to secure our nation's safety while ensuring that every dollar is efficiently and economically put to use. This legislation sets for the DOD's budget for FY2010, bearing in mind our country's rising economic concerns. Among the many projects receiving funding, the legislation provides military families with a much-needed 3.4 percent military pay raise, which is increasingly significant given many military families are feeling the effects of the current economic downturn. Likewise, the bill expands health and housing benefits dramatically.

Not only does this legislation enhance our government's economic prosperity by eliminating wasteful spending, it continues to place our nation's security as a top priority. By increasing the size of the military by 30,000 Army troops, 8,100 Marines, 14,650 Air Force personnel, and 2,477 Navy sailors in Fiscal Year 2010, as requested by the President, the federal government has allocated the necessary foundation to preserve our freedom amidst our most pressing global threats. Finally, H.R. 2647 sets out to protect our service members off the battlefield as well, providing technical and financial support to local law enforcement and prosecutors so that they can more aggressively try violent crimes motivated by a victim's race, color, religion, national origin, gender, sexual orientation, gender identity, or disability.

See below for a detailed summary of the FY10 National Defense Authorization Act Conference Report, which authorizes $550.2 billion in budget authority for the Department of Defense (DOD) and the national security programs of the Department of Energy (DOE):

Year of the Military Family

* Provides a 3.4 percent military pay raise
* Expands TRICARE health coverage for reserve component members and their families for 180 days prior to mobilizatiom
* Prohibits fee increases on TRICARE inpatient care for one year
* Provides $2.2 billion for family housing programs
* Adds $276 million to support the Housing Assistance Program that helps service members forced to sell their homes at a significant loss
* Provides travel and transportation for three designated persons, including non-family members, to visit hospitalized service members
* Enables seriously injured service members to use a non-medical attendant for help with daily living or during travel for medical treatment
* Provides $30 million for Impact Aid funding, with an additional $14 million for BRAC-affected areas and an additional $5 million for military children with severe disabilities
* Establishes an internship pilot program within federal agencies for military spouses
* Directs DOD to establish an undergraduate nurse training program to help alleviate the shortage of military nurses


* Increases the size of the military by 30,000 Army troops, 8,100 Marines, 14,650 Air Force personnel, and 2,477 Navy sailors in Fiscal Year 2010, as requested by the President
* Authorizes an additional 30,000 Army troops in Fiscal Years 2011 and 2012
* Provides $11 billion for Army reset and $2 billion for Marine Corps reset
* Provides $6.9 billion to address equipment shortfalls in the National Guard and Reserves
* Provides $255.3 million to refill and maintain prepositioned stocks to help prepare for any future contingencies
* Provides $4.7 billion for training opportunities for the Army
* Adds $350 million for Army trainee barracks construction and $200 million to support National Guard and Reserve military construction projects
* Adds $70 million for the Navy's top unfunded requirement, aviation depot maintenance

Afghanistan and Pakistan

* Bans permanent bases in Afghanistan
* Requires reports to assess progress toward security and stability in Afghanistan and in Pakistan
* Provides funds to train and equip the Afghan National Security Forces (ANSF)
* Authorizes up to $50 million in Commanders' Emergency Response Program (CERP) funds to support the Afghanistan National Solidarity Program
* Authorizes use of CERP funds to support reintegration into Afghan society of those who have renounced violence against the Government of Afghanistan
* Authorizes the Pakistan Counterinsurgency Fund to improve the capabilities of Pakistan's security forces, including Pakistan's military and Frontier Corps
* Requires a system to register and track all U.S. defense articles provided to Afghanistan and Pakistan
* Directs GAO to provide separate reports assessing the strategic plans for Iraq and Afghanistan


* Bans permanent bases in Iraq and prohibits U.S. control of Iraqi oil revenues
* Requires a report on the responsible redeployment of U.S. Forces from Iraq
* Provides authority to transfer equipment to bolster the Iraqi Security Forces


* Authorizes the full budget request for 30 F-35 Joint Strike Fighter aircrafts
* Authorizes continued development and procurement of the F136 Joint Strike Fighter competitive engine
* Authorizes a multi-year contract procurement authority for F/A-18E/F and/or EA-18G aircraft to address shortfalls in the Navy's strike fighter aircraft inventory
* Does not authorize advance procurement or procurement of F-22 aircraft

Ground Vehicles

* Provides $6.7 billion for Mine Resistant Ambush Protected (MRAP) vehicles, $1.2 billion above the President's request, which fully funds the new MRAP All-Terrain variant requirement for Afghanistan


* Demonstrates commitment to increasing the number of Navy ships by authorizing funding to complete the tenth LPD-17, one VA-class submarine with advance procurement to allow for the construction of two submarines in fiscal year 2011, one DDG 51 class destroyer (which restarts the procurement of that class), two T-AKE class ships, one Joint High Speed Vessel (JHSV), funding to complete the third and final DDG-1000, continued incremental funding of the first of the Ford class aircraft carriers, and by providing research and development funding for future classes of submarines, surface combatants, and amphibious warfare ships

Defense Acquisition Reform

* Supports the plan to increase the size of the civilian acquisition workforce
* Enhances expedited hiring authority to attract quality candidates for defense acquisition workforce positions
* Reduces DOD's reliance on contractors for critical acquisition functions
* Eliminates waste, fraud, and abuse through increased contractor oversight

National Security Personnel System (NSPS)

* Repeals NSPS and transitions employees back to the General Schedule (GS) by January 1, 2012
* Provides DOD with flexibilities to reform the DOD hiring process and establish a performance management system

Federal Employees

* Includes important changes to the federal retirement system that will enhance the retirement system's efficiency and effectiveness as a recruiting and management tool at a time when the government needs to be attracting the best and the brightest to the federal workforce
* Allows employees covered by the Federal Employees Retirement System (FERS) to receive credit for unused sick leave toward their retirement annuity, as is currently the case for employees covered by the older Civil Service Retirement System
* Reduces incentives for employees to use excess sick leave as they approach retirement. OPM estimates the current "use it or lose it" system results in $68 million in lost productivity each year.
* Ensures retirement equity for Federal workers in Hawaii, Alaska, and the U.S. Territories by providing these employees with locality pay. These workers currently receive a cost of living allowance, which does not count toward their retirement, as locality pay does.
* Ensures that provisions are PAYGO neutral, resulting in approximately $258 million in deficit reduction over 10 years

Combating Piracy

* Requires vessels carrying DOD cargo in high piracy risk areas to be equipped with appropriate non-lethal defense measures
* Requires a report on efforts to ease restrictions on arming ships for self-defense and on efforts to establish common standards for training and professional qualifications of armed security teams


* Strengthens DOD's ability to face cyber threats and vulnerabilities by improving research and promoting military and civilian cyber workforce development
* Supports budget request for DARPA's National Cyber Range


* Prohibits the release of Guantanamo Bay detainees into the United States, its territories, and possessions and restricts detainee transfers to the same until 45 days after the President has submitted a plan to Congress certifying that the detainees will pose little to no risk to the United States if transferred
* Prohibits interrogation of detainees by contractors
* Prohibits any non- Department of Justice official from reading Miranda rights to detainees
* Requires the Secretary of Defense to develop guidelines mandating videotaping or other electronic recording of non-battlefield detainee interrogations
* Requires DOD to give the International Committee of the Red Cross (ICRC) prompt access to detainees held at the Bagram Theater Internment Facility in Afghanistan

Military Commissions

* Revises the Military Commissions Act to clarify rules and improve trial procedures to make military commissions fair and effective and significantly reduce the likelihood of convictions from being overturned on technicalities by:
o Prohibiting the use of statements alleged to have been secured through cruel, inhuman, or degrading treatment;
o Providing the accused with greater ability to select own counsel;
o Making hearsay evidence harder to use in court;
o Improving the procedures for the handling of classified information; and
o Permitting military commissions to continue existing cases for 90 days or until revisions have been made to supporting court manuals and handbooks

Missile Defense

* Fully authorizes the Administration's request of $9.3 billion for missile defense programs
* Provides the resources necessary to meet the most pressing ballistic missile threats to the United States, our deployed forces, and our friends and allies


* Provides $2.2 billion for DOE's non-proliferation programs, an increase of $398 million
* Provides $424 million for Cooperative Threat Reduction (CTR) initiatives, an increase of $20 million

Nuclear Weapons

* Strengthens the Stockpile Stewardship Program to ensure the nuclear weapons stockpile is safe, secure, and reliable without the use of underground testing

Hate Crimes

* Criminalizes attacks against U.S. service members on account of their service to country
* Provides technical and financial support to local law enforcement and prosecutors so that they can more aggressively try violent crimes which are motivated by a victim's race, color, religion, national origin, gender, sexual orientation, gender identity, or disability
* Expands the ability of federal prosecutors to try similar types of cases in federal court if state or local officials are unable or unwilling to prosecute these cases
* Includes stronger protections for freedom of speech and association, including religious speech and association, than the House passed version of this legislation. Consequently, religious leaders will not have to change the expression of their beliefs or how they service their congregations, as a result of the enactment of Hate Crimes legislation

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