About this episode
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 $127.5 B: Total funding Title II—Operation and Maintenance $173 B: Total funding 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 $70 B: Total funding 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 $508 M: Office of Security Cooperation in Iraq Security assistance teams, life support, transportation, personal security, facilities renovation, and construction. 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 $1 B: Total funding Title II—Security, enforcement, and investigations U.S. Customs and Border Patrol and Immigration $15.5 B: Total funding 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 $1.6 B: Total funding 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 No money for ACORN 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