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Staff Contact: Brad Watson (x69719) November 8, 2007

**Appropriations Policy Brief**

**H.R. 3222 Conference Report---FY 2008 Department of Defense
Appropriations Act**

[**Earmarks:**]{.underline}

The [Joint Explanatory
Statement](http://www.rules.house.gov/110/text/110_hr3222crtxt.pdf) has
115 pages worth of Member requested earmarks that add up to
approximately 2,000 earmarks. This includes 24 that were
"airdropped"---earmarks that were not passed by either House of
Congress.

**[Items of Note]{.underline}:**

**Continuing Resolution.** H.R. 3222 extends the current CR from
November 16^th^ to December 14^th^. However, this extension is not
"clean" with the addition of several spending provisions unrelated to a
straight extension of the current CR.

-   Provides the Census Bureau, Periodic Censuses and Programs, an
    operating rate of \$1 billion, which is \$300 million above the FY
    2007 enacted level.

-   Increases the operating rate for the Department of Veterans Affairs
    by \$2.9 billion compared to the FY 2007 enacted level. CQ Today (on
    November 7^th^) explained part of the reason for the inclusion of
    this provision as follows: "By including the extra funds, Democrats
    hope they can blunt criticism if the annual veterans' bill is
    delayed."

-   The CR includes \$6.4 billion in domestic emergency spending---\$500
    million for fire suppression, \$2.9 billion to replenish FEMA's
    disaster relief fund, and \$3 billion for the "Road Home" program,
    which is intended to help victims of Hurricanes Katrina and Rita
    rebuild their homes. 

In addition, the CR extends liability protection to air carriers from
claims resulting from terrorist acts through the date of the CR, and
extends the authority of the National Dairy Promotion and Research Board
to expend money for foreign market development.

The CR also appropriates \$165,200 to Charles Davis, the widower of
Representative Jo Ann Davis, which is the traditional payment
(equivalent to one year's salary) to close relatives of Members of
Congress.

The current CR, that H.R. 3222 would extend through December 14 (with
some modifications noted above), authorizes funding with respect to all
twelve bills that fund the government through November 16, 2007. That
formula was based on the non-emergency FY 2007 spending levels, plus the
\$70 billion in emergency war funding contained in the FY 2007 defense
appropriations bill and the \$1.8 billion in emergency funding for
border security and immigration enforcement from the FY 2007 Homeland
Security conference report. (Note that the \$70 billion for defense and
\$1.8 billion for border security figures are based on an annual
spending level, whereas this legislation only provides spending
authority for a month and a half).

However, enactment of the Department of Defense Appropriations bill
would replace the CR's treatment of DOD spending. And since H.R. 3222
does not include *[any]{.underline}* funding for operations in Iraq and
Afghanistan aside from the \$11.6 billion for MRAPs, this means that the
\$70 billion Bridge Fund the current CR allows the Department of Defense
to draw from would no longer be available.

**F/A-22 Sales:** Prohibits funds from being used to approve or license
the sale of the F/A-22 advanced tactical fighter to any foreign
government (same provision was included in the House-passed version).

**Permanent Bases/ Control of Oil in Iraq:** Prohibits funds from being
used to establish any military installation or base for the purpose of
providing for the permanent stationing of U.S. Armed Forces in Iraq. In
addition, the bill prohibits funds from being used to "exercise United
States control over any oil resource in Iraq." This language is
substantively the same as H.R. 2929, which passed the House on July 25.
For more analysis on this issue, see the RSC Legislative Bulletin for
[H.R.
2929](http://www.house.gov/hensarling/rsc/doc/LB_072507_IraqPermBases.doc).

**Funding for Operations in Iraq and Afghanistan:** The President has
requested \$189 billion in emergency spending for operations in Iraq and
Afghanistan in FY 2008. H.R. 3222 does not include money for this
request, aside from the \$11.6 billion for the Mine Resistant Ambush
Protected Vehicle Fund, leaving the rest of the request to future
legislation.

Notably, H.R. 3222 does not include the \$70 billion Bridge Fund. The
2007 DOD bill included \$70 billion for a Contingency Operations Defense
Fund (the Bridge Fund) as a down payment on future war supplemental
spending. The current CR also gives the Department of Defense an
operating rate that includes this \$70 billion Bridge Fund. However,
enactment of H.R. 3222, would take the place of the current CR's
treatment of Department of Defense funding, and this legislation does
not include a Bridge Fund.

**Mine Resistant Ambush Protected Vehicle Fund.** Appropriates \$11.6
billion in emergency spending for MRAP vehicles, which is part of the
President's \$189 billion request for FY 2008 emergency spending related
to Iraq and Afghanistan. The current CR (PL 110-92), included an
appropriation of \$5.2 billion for MRAP vehicles (also designated as FY
2008 emergency spending). With enactment of H.R. 3222, total emergency
defense spending for Mine Resistant Ambush Protected Vehicles in FY 2008
would equal \$16.8 billion.

**[Funding Summaries]{.underline}:**

*Dollars in Thousands*

  -------------------------------------------------------------------------- ------------- ------------- ---------------- ------------ ------------- -------- -------------
                                                                             **FY 2007**   **FY 2008**   **FY 2008**      **Conf Vs.** **Conf Vs.**  **%      **% Over**
                                                                                                                                                     Over**   

                                                                             **Enacted**   **Request**   **Conference**   **FY 2007**  **Request**   **FY     **Request**
                                                                                                                                                     2007**   

  Military Personnel, Total\...\...\...\...\...\...\...\...\...\.....        99,862,877    105,403,698   105,292,237      5,429,360    111,461       5.4%     0.1%

  Operations and Maintenance, Total\...\...\...\...\....                     127,288,807   142,854,017   140,062,158      12,773,351   2,791,859     10.0%    2.0%

  Procurement, Total\...\...\...\...\...\...\...\...\...\...\...\...\.....   80,910,756    99,623,010    98,201,598       17,290,842   -1,421,412    21.4%    -1.4%

  Research, Develop., Test & Evaluation, Total                               75,721,604    75,117,194    77,271,482       1,549,878    2,154,228     2.0%     2.9%

  Revolving and Management Funds\...\...\...\...\...\....                    2,436,430     2,453,840     2,701,840        265,410      248,000       10.8%    10..1%

  Chemical                                                                   1,277,304     1,455,724     1,512,724        235,420      57,000        18.4%    3.9%
  Agents\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...                                                                                          

  Drug                                                                       977,632       936,822       984,779          7,147        47,957        0.7%     5.1%
  Interdiction\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...                                                                                    

  Related Agencies (intelligence, etc.)\...\...\...\...\....                 878,011       967,876       988,026          110,015      20,150        12.5%    2.1%
  -------------------------------------------------------------------------- ------------- ------------- ---------------- ------------ ------------- -------- -------------

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