In an act of defiance over the GOP's March 11 announcement of a one-year moratorium on all congressional earmarks, a handful of House Republicans have submitted project requests to the Appropriations Committee, including Reps. Henry Brown (SC), Anh "Joseph" Cao (LA), Ron Paul (TX), Bill Posey (FL) and Don Young (AK).

Unlike the first announcement by House Appropriations Committee Chairman Dave Obey (D-WI) and Defense Subcommittee Chairman Norm Dicks (D-WA) that the committee will not approve earmarks that are directed to "for-profit entities," the moratorium imposed by House Republicans is extended to both profit and non-profit entities, and would also apply to authorization and tax legislation.

However, several of these GOP members argued that their individual requests adhere to the party's earmark restrictions. For example, Rep. Posey countered that his specific funding request supports an Air Force item already contained in President Obama's FY11 budget request, and therefore should not qualify as an earmark. Rep. Brown also told reporters this week that his requested funding only pertains to "immediately necessary Army Corps of Engineers projects."

In addition, Defense Subcommittee Ranking Member Bill Young (R-FL) voluntarily rescinded a funding request for a parking structure at Tampa's U.S. Central Command facility after House Armed Services Ranking Member Howard "Buck" McKeon (R-CA) reversed a previous exemption for military construction projects. On Wednesday, McKeon announced that guidance issued on March 17—which exempted from the Republicans' prohibition any military construction project that is already within the military's "future years defense plan"—is no longer valid.

Enforcement questions have also arisen on the Democratic side of the aisle, as members are continuing to seek further clarification of Chairman Obey's restrictions, which were announced without formal rules being issues to the committee or the full House. In particular, members are increasingly uncertain as to how the ban will affect earmarks directed towards public universities, who often enter into partnerships with for-profit companies. According to the committee's March 10 press release, inspectors general of the federal agencies will be required to audit at least five percent of all earmarks directed to non-profit entities, in order to "prevent for-profits from masquerading as non-profits."

Despite the House's latest maneuvering, Senate Appropriations Chairman Daniel Inouye (D-HI) and Ranking Member Thad Cochran (R-MS) are still not expected to alter Senate policy. Both Inouye and Cochran have been outspoken in their support of Congress's constitutionally-vested powers of the purse, and have continued to criticize potential efforts to limit members' ability to direct federal dollars to their respective districts or home states.

Appropriators Slated to Markup War Supplemental Next Month

When Congress returns from a two-week recess in mid-April, President Obama's $33 billion request for FY10 supplemental appropriations—primarily funding the increases in military personnel and operations in Afghanistan—will take center stage in both the House and Senate Appropriations Committees. Although no exact dates have been set, the House is expected to hold a markup during the week of April 12, as both chambers aim to complete their work by the end of May.

The President's war supplemental request—which, when combined with the $129.6 billion already enacted in FY10 for ongoing military operations in Iraq and Afghanistan, totals $162.6 billion ($3.3 billion above the total FY11 request)—is largely restricted to operations and maintenance. However, the request's most notable procurement item includes an additional $1.1 billion in for the Mine Resistant Ambush Protected (MRAP) family of vehicles (FOV) program, which includes the lighter MRAP All-Terrain Vehicles (M-ATV).

In addition to the war supplemental markups, appropriators, along with members of the House and Senate Armed Services Committee will carry on their posture hearings in preparation for the FY11 National Defense Authorization Act (NDAA), which is expected to be marked up in late spring. Below are SASC's scheduled posture hearings for the week of April 12:

  • April 14 – FY11 Navy Shipbuilding Programs. (Sean J. Stackley, Assistant Secretary of the Navy for Research, Development and Acquisition; Vice Admiral John T. Blake, Deputy Chief of Naval Operations for Integration of Capabilities and Resources; and Lieutenant General George J. Flynn, USMC, Deputy Commandant for Combat Development and Integration, to testify)
  • April 15 – FY11 Army Modernization Programs. (Lieutenant General Robert P. Lennox, Deputy Chief of Staff, Army G-8; Lieutenant General William N. Phillips, Principal Military Deputy to the Assistant Secretary of the Army for Acquisition, Logistics, and Technology; Michael J. Sullivan, Government Accountability Office; and David W. Duma, DoD Principal Deputy Director for Operational Test and Evaluation, to testify)

Fighter Jet Shortfall Prompts DoD to Consider Multiyear Procurement for F-18

In response to the Navy's projected shortfall of 100 fighter jets over the next decade, Secretary of Defense Robert Gates told the House Appropriations Committee on Wednesday that the Pentagon is now considering a multiyear purchase of Boeing Corporation's F-18 fighter aircraft.

More specifically, it has been reported that the Navy is planning to purchase 124 F/A-18 E/F Super Hornets, and that Boeing has offered the Pentagon discounts adding up to roughly $500 million in order to ensure that its St. Louis production lines remain active in the next decade. Providing limited details, Gates told lawmakers this week that Boeing "has come back to us with some interesting proposals."

Exacerbated by ongoing delays and cost overruns associated with the $300 billion Joint Strike Fighter (JSF) program, congressional concerns over the Navy's fighter jet shortfall continue to mount. On March 12, House Armed Services Committee Chairman Ike Skelton (D-MO), Ranking Member McKeon, Gene Taylor (R-MS) and Todd Akin (R-MO) sent a letter to Secretary Gates that described the 100-jet shortfall prediction as "too optimistic," and went on to write that the DoD figures are "contingent on actions that are not included in either the FY11 budget request or the future years defense program."

Nominations

On Monday, SASC received testimony from five pending DoD nominees, some of whom have had their nominations pending since 2009. Below is the list of nominees under consideration:

  • Elizabeth A. McGrath, to be Deputy Chief Management Officer of the Department of Defense (Nominated on March 10, 2010)
  • Michael J. McCord, to be Principal Deputy Under Secretary of Defense - Comptroller (Nominated on March 1, 2010)
  • Katherine G. Hammack, to be Assistant Secretary of the Army for Installations and Environment (Nominated on January 20, 2010)
  • Sharon E. Burke, to be Director of Operations Energy Plans and Programs (Nominated on December 11, 2009)
  • Solomon B. Watson IV, to be General Counsel of the Department of the Army (Nominated on November 20, 2009)

Quote of the Week

"It's tough enough to enforce these things when they're in statute. When all you have is a press release, it's just difficult to take it seriously."

Rep. Jeff Flake (R-AZ), in response to his colleagues' uncertainty surrounding the rules and enforcement of House Appropriations Chairman Dave Obey's (D-WI) recent prohibition on congressional earmarks to "for-profit" entities.

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