WASHINGTON, D.C. – In the wake of comments by Department of Defense (DoD) Secretary Robert Gates suggesting the Department can stop funding the Joint Strike Fighter (F-35) competitive engine program at any time, U.S. Sens. Sherrod Brown (D-OH) and Patrick Leahy (D-VT) urged Office of Management and Budget Director Jack Lew to reaffirm the Administration’s statutory obligation to continue funding the program.

“Ending funding for the Joint Strike Fighter now would waste billions of taxpayer dollars,” Brown said. “Congress intended that funding levels be maintained through the Continuing Resolution and I will continue to fight for this critical program and the thousands of Ohio workers whose jobs depend upon it.”

Last week, Brown and Leahy joined U.S. Sens. John Kerry (D-MA), Jim Webb (D-VA), Mark Warner (D-VA), and Scott Brown (R-MA) in writing to the Chair and Vice Chair of the Senate Committee on Appropriations, U.S. Sens. Daniel K. Inouye (D-HI) and Thad Cochran (R-MS) respectively, in response to a vote in the U.S. House of Representatives to eliminate funding for the F-35 competitive engine.

The F-35 program will develop and deploy the fifth-generation strike fighter aircraft to meet the operational needs of the Air Force, Navy, Marine Corps, and their allies. The F-35 employs cutting-edge technologies including synthetic aperture radar integration techniques, advanced target recognition, and advanced capabilities in its resistance to jamming, maintainability, and logistic support. This engine competition for the F-35 saves money and improves our national security.

GE makes the competitive engine with its partner Rolls-Royce and much of the testing will be done in Evendale.  The engine program has created hundreds of jobs and could lead to many thousands depending on how many engines are produced. The Joint Strike Fighter is the largest weapon procurement program in history.

Full text of the letter is below.

 

February 22, 2011

 

The Honorable Jacob Lew

Director

The Office of Management and Budget

725 17th Street, NW

Washington, DC 20503

 

 

Dear Director Lew,

 

We are writing regarding continued funding of the F136 Alternate Engine program.  We consider this issue a bellwether for the continued integrity of executive branch actions in response to guidance included in federal appropriations measures. 

 

On December 20, 2010, Senator Brown sent you a letter regarding the effect of the continuing resolution (CR) that extended FY 2010 appropriation levels through March 4, 2011, on continued funding for the alternate engine program.  On December 21, 2010, you replied to that letter by stating that “…Section 8006 of the FY 2010 Defense Appropriations Act required the Department of Defense (DoD), as a statutory matter, to fund the Joint Strike Fighter Alternate Engine Program during 2010,” and that “In the case of continued FY 2010 provisions, including Section 8006 of the FY 2010 Appropriations Act, DoD would be expected to continue funding activities on a pro-rata basis during the period covered by the CR, so as not to impinge on Congress’ full year funding prerogatives for FY 2011.”   

 

Secretary Gates, during his FY 2012 budget briefings, seemed to suggest that he had the discretion to stop work on the alternate engine at any point under the current or a future CR. 

 

Since the CR remains in effect without any changes that would allow for a new interpretation of current law by Secretary Gates, can you confirm that the Administration intends to fully fund, on a pro-rated basis, the alternate engine program through March 4?  Similarly, assuming no new legal instructions regarding the alternate engine program, can you further confirm that the Administration will continue to fully fund the alternate engine program on a pro-rated basis under another short- or long-term CR?  For our part, we are unaware of the legal authority Secretary Gates has to independently terminate the alternate engine program without the passage of a new appropriations law giving him such an authority.  We also understood this to be your position as delineated in your December 21 letter.

 

Because Secretary Gates’ statements suggest that a stop-work order could be issued at any time, we request an expeditious response to this letter.   Thank you for your leadership and willingness to clarify the Administration’s response to continuing resolutions. 

 

Sincerely,

 

 

__________________________                             __________________________

Sherrod Brown                                                         Patrick Leahy

United States Senator                                               United States Senator

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