The fiscal 2010 defense budget bill continues to work its way through the legislative process—with 10 additional C-17s included. Also included, however, is the veto bait second engine for the joint strike fighter, the F-35. When the senate passed their bill earlier this month, they avoided including the big three veto threat programs that the Obama Administration does not want. But, when the House passed the conference committee report, the second engine was included.

Although both President Obama and Secretary of Defense Robert M. Gates, have threatened a veto for any authorization bill which includes the second engine, this now appears unlikely. As far as we have been able to find, the Administration has never threatened a veto over the C-17s, but they certainly have done so over the F-35 second engine—and, this is what they are getting.

The conference committee’s report was approved by the full House in roll call vote #770, on October 8,by a vote of 281 in favor and 146 against. It was reported on October 14 by American Forces Press Service, the Pentagon’s in-house news service, that the “Congress has reached agreement on a $680.2 billion National Defense Authorization Bill for fiscal 2010.” However, although expected, the Senate has not yet passed the bill with the second F-35 engine included. Since the official Senate web site which lists all Senate votes does not list any vote approving the conference committee report, we are unclear of the basis of this report.

This ambiguity, however, does not change our expectations, since we fully expect the Senate to pass the conference committee’s bill. The wild card in all this is the second engine and whether or not, it could draw a veto for the entire bill—we think not.

That question was put to Pentagon Press Secretary Geoff Morrell at his regular Wednesday press conference, October 14. His answer was so convoluted and contradictory, that it is hard to take it for anything other than backing away from the veto threat. As is usually the case, none of this Q and A discussed the C-17, only the F-35 second engine.

The presence of the second F-35 engine in the bill certainly clouds the situation and the White House is not saying what they plan to do about it. Nevertheless, the manner by which Morrell danced around the question seems to be Setting up a presidential signature, not a veto. Still, the last round can be the hardest, so stay tuned.