Defense: FY2013 Authorization and Appropriations

Congressional research reportMay 17, 2013

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Defense:

FY2013 Authorization and Appropriations

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May 17, 2013

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R42607

CRS Report for Congress

Prepared for Members and Committees of Congress

Defense: FY2013 Authorization and Appropriations

Summary

President Obama requested $613.9 billion in discretionary budget authority for the Department of

Defense in Fiscal Year 2013, which is $31.8 billion less than had been appropriated for the

agency in FY2012. The end of U.S. combat in Iraq and the declining tempo of operations in

Afghanistan accounted for the bulk of the overall reduction: The budget request for Overseas

Contingency Operations (OCO)—DOD activities in those two countries—was $88.5 billion,

which is $26.6 billion less than was provided for those operations in FY2012.

However, the Administration’s $525.4 billion request for DOD’s so-called “base budget”—funds

for all DOD activities other than OCO—was $5.2 billion less than was provided for FY2012 and

$45.3 billion less than the FY2013 base budget the Administration had projected a year earlier, in

February of 2011. The proposed reduction in the base budget—and planned reductions of more

than $50 billion per year through FY2021, compared with the FY2011 projection—reflected the

Administration’s effort to reduce federal spending as required by the Budget Control Act (BCA)

of 2011, enacted on August 2, 2011 (P.L. 112-25). All told, the Obama Administration’s February

2012 projection would reduce DOD budgets by $486.9 billion over a 10-year period (FY2012FY2021), compared with its February 2011 plan. (See “

FY2013 Defense Budget Overview.”)

According to the Administration, the FY2013 DOD budget request was consistent with the initial

spending caps set by the BCA. However, both H.R. 4310, the version of the FY2013 National

Defense Authorization Act (NDAA) passed by the House on May 18, 2012, and H.R. 5856, the

companion DOD appropriations bill for FY2013, reported by the House Appropriations

Committee on May 25, 2012, exceeded the Administration request for those bills —by $3.7

billion in the case of the authorization bill and by $3.1 billion in the case of the appropriation bill.

On the other hand, S. 3254, the version of the NDAA reported June 4, 2012, by the Senate Armed

Services Committee, and the version of the DOD appropriations bill (H.R. 5856) reported by the

Senate Appropriations Committee on August 2, 2012, kept FY2013 DOD funding within the

initial BCA caps.

Neither the House nor the Senate considered either an NDAA or a DOD appropriations bill for

FY2013 that conformed to the lowered BCA caps on defense spending.

The compromise version of the authorization bill (H.R. 4310), enacted on January 2, 2013 as P.L.

112-239, would authorize $544.9 billion for DOD’s base budget—roughly splitting the difference

between the House and Senate bills—and would authorize $88.5 billion for war costs.

In general terms, the House-passed and Senate committee-reported versions of the first DOD

appropriations bill for FY2013 (H.R. 5856) paralleled the House and Senate versions of the

FY2013 NDAA, respectively. However, the Senate did not act on that bill. For nearly the first six

months of FY2013, DOD and other federal agencies had been funded by a continuing resolution

(H.J.Res. 117; P.L. 112-175). On March 21, 2013, Congress sent to the White House H.R. 933,

the Consolidated and Continuing Appropriations Act, which the President signed into law (P.L.

113-6) on March 26, 2013. Division C of that legislation is the Department of Defense

Appropriations bill for FY2013 (See “DOD Appropriations Overview”). Although the amount

provided by that section of the bill was $287.4 million more than the Administration’s request for

programs covered by that division of H.R. 933, the overall level of DOD funding provided by

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Defense: FY2013 Authorization and Appropriations

H.R. 933 (including funds provided for military construction in Division E) exceeded the request

by $323.8 million.

Since the total DOD funding level for FY2013 of $607.7 billion exceeds the BCA spending cap,

that law requires that DOD funds be reduced (or “sequestered) by $35.0 billion before the end of

the fiscal year. As of May 15, 2013, the Administration has not allocated the required reduction

among specific DOD programs. All FY2013 appropriations amounts cited in this report reflect the

amounts appropriated by H.R. 933 prior to sequestration.

Congressional Research Service

Defense: FY2013 Authorization and Appropriations

Contents

Most Recent Legislative Action....................................................................................................... 1

Status of Legislation ........................................................................................................................ 1

FY2013 Defense Budget Overview ................................................................................................. 2

Base Budget Highlights ................................................................................................................... 5

New Strategic Guidance ............................................................................................................ 5

Force Structure, Readiness ........................................................................................................ 6

Military Personnel Issues .......................................................................................................... 7

Pay Raise ............................................................................................................................. 8

TRICARE Pharmacy Fees .................................................................................................. 8

Modernization............................................................................................................................ 8

Overseas Contingency Operations Highlights ................................................................................. 9

Bill-by-Bill Analysis ...................................................................................................................... 10

FY2013 National Defense Authorization Act ................................................................................ 10

NDAA: The Broad Outlines .............................................................................................. 12

Military Personnel Issues (Authorization) ............................................................................... 15

Proposed Reductions in Personnel and Force Structure .................................................... 16

Ground Combat Equipment (Authorization) ........................................................................... 21

Naval Systems (Authorization) ............................................................................................... 22

Aircraft and Long-Range Strike Systems (Authorization) ...................................................... 24

Ballistic Missile Defense (Authorization) ............................................................................... 25

Ground-based Midcourse Defense (GMD) Enhancement ................................................ 26

MEADS (Medium Extended Air Defense System) Authorization .................................... 26

Commercial Satellite Export Rules ................................................................................... 27

Provisions Relating to Wartime Detainees .............................................................................. 27

Smith-Mundt Act ..................................................................................................................... 29

House Floor Amendments ....................................................................................................... 30

Senate Floor Amendments ....................................................................................................... 34

FY2013 DOD Appropriations Bill ................................................................................................. 36

DOD Appropriations Overview ............................................................................................... 36

Proposed Administration Savings and Congressional Response....................................... 38

Congressional Initiatives ................................................................................................... 40

Funding Offsets ................................................................................................................. 41

Military Personnel and Force Structure (Appropriations) ....................................................... 43

Reduction in Personnel Transfers ...................................................................................... 45

Depot Maintenance ‘Carryover’ .............................................................................................. 45

TRICARE Fee Increases and Cost Savings ............................................................................. 46

Ground Combat Systems Appropriations ................................................................................ 47

Naval Systems Appropriations ................................................................................................ 48

Aircraft Appropriations ........................................................................................................... 49

Missile Defense Appropriations .............................................................................................. 50

OCO Funding: Afghanistan and Related Activities ................................................................. 51

House Floor Amendments ....................................................................................................... 52

Senate Floor Amendments ....................................................................................................... 55

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Defense: FY2013 Authorization and Appropriations

Figures

Figure 1. DOD Discretionary Budget Authority, FY2007-FY2013................................................. 3

Figure 2. Obama Administration DOD Budget Projections: February 2011 and February

2012 .............................................................................................................................................. 4

Figure 3. OCO Funding by Country .............................................................................................. 10

Figure 4. U.S. Troop Level by Country ......................................................................................... 10

Tables

Table 1. FY2013 National Defense Authorization Act (H.R. 4310; S. 3254) .................................. 1

Table 2. FY2013 DOD Appropriations Act (H.R. 5856; H.R. 933)................................................. 1

Table 3. FY2013 National Defense Budget Function (050): Administration Request .................... 2

Table 4. FY2013 DOD Discretionary Budget Authority: February 2011 Projection and

February 2012 Request ................................................................................................................. 6

Table 5. Active Military End Strength ............................................................................................. 7

Table 6. FY2013 National Defense Authorization Act (H.R. 4310; S. 3254) ................................ 11

Table 7. Selected Administration Budget Initiatives...................................................................... 12

Table 8. Selected Congressional Funding Increases ...................................................................... 14

Table 9. Selected Funding Offsets ................................................................................................. 15

Table 10. Current and Proposed FY2013 End-Strength for Active and Reserve

Component Forces ...................................................................................................................... 16

Table 11. FY2013 Missile Sub R&D Funding ............................................................................... 24

Table 12. Selected House Floor Amendments to FY2013 National Defense Authorization

Act (H.R. 4310) .......................................................................................................................... 30

Table 13. Selected Senate Floor Amendments to FY2013 National Defense Authorization

Act (S. 3254)............................................................................................................................... 34

Table 14. FY2013 DOD Appropriations Act (H.R. 5856) ............................................................. 37

Table 15. Administration Budget Reduction Initiatives and Congressional Reversals .................. 38

Table 16. Selected Congressional Actions ..................................................................................... 40

Table 17. Selected Funding Offsets ............................................................................................... 42

Table 18. OCO Funding Highlights in FY2013 DOD Appropriations Bill (H.R. 5856,

H.R. 933) .................................................................................................................................... 51

Table 19. Selected House Floor Amendments to FY2013 DOD Appropriations Act (H.R.

5856) ........................................................................................................................................... 53

Table 20. Selected Senate Floor Amendments to FY2013 DOD Appropriations Act (H.R.

933) ............................................................................................................................................. 55

Table A-1. Congressional Action on Selected FY2013 Missile Defense Funding

Authorization .............................................................................................................................. 56

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Table A-2. Congressional Action on Selected FY2013 Missile Defense Funding

Appropriation.............................................................................................................................. 59

Table A-3. Congressional Action on Selected FY2013 Army Ground Combat Programs:

Authorization .............................................................................................................................. 62

Table A-4. Congressional Action on Selected FY2013 Army Ground Combat Programs:

Appropriation.............................................................................................................................. 64

Table A-5. Congressional Action on Selected FY2013 Shipbuilding and Modernization

Programs: Authorization ............................................................................................................. 66

Table A-6. Congressional Action on Selected FY2013 Shipbuilding and Modernization

Programs: Appropriation ............................................................................................................ 68

Table A-7. Congressional Action on Selected FY2013 Space Programs: Authorization ............... 70

Table A-8. Congressional Action on Selected FY2013 Space Programs: Appropriation .............. 71

Table A-9. Congressional Action on Selected FY2013 Aircraft and Long-Range Missile

Programs: Authorization ............................................................................................................. 72

Table A-10. Congressional Action on Selected FY2013 Aircraft and Long-Range Missile

Programs: Appropriation ............................................................................................................ 76

Appendixes

Appendix A. Selected Program Funding Tables ............................................................................ 56

Contacts

Author Contact Information........................................................................................................... 80

Key Policy Staff ............................................................................................................................. 80

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Defense: FY2013 Authorization and Appropriations

Most Recent Legislative Action

On March 21, 2013, Congress sent to the White House H.R. 933, the Consolidated and

Continuing Appropriations Act, which the President signed into law (P.L. 113-6) on March 26,

2013. Division C of that legislation was a fully detailed DOD appropriations act for FY2013 that

provided $597.1 billion for programs funded by that bill.

Including funds provided for military construction in Division E of H.R. 933, the bill provided a

total of $607.7 billion in discretionary budget authority for DOD. This is $323.8 million less than

the Administration’s request, but exceeds the funding cap set by the BCA and thus triggers a

sequestration of up to $35.0 billion. The Administration had not allocated that reduction among

specific DOD appropriations accounts as of May 15, 2013.

Status of Legislation

Table 1. FY2013 National Defense Authorization Act (H.R. 4310; S. 3254)

Subcommittee

Markup

Conference Report

Approval

House

Passage

H.R.

4310

Senate

Report

S. 3254

Senate

Passage

H.R.

4310

Conf.

Report

H.R. 4310

House

Senate

Public

Law

House

Senate

H.R. 4310

S. 3254

House

Report

H.R. 4310

4/26-27/

5/22-23/

5/9/2012

5/18/2012

6/4/2012

12/4/2012

12/18/2012

12/30/2012

12/21/2012

1/2/2013

2012

2012

H.Rept.

112-479

299-120

S.Rept.

112-173

98-0

H. Rept.

112-705

315-107

81-14

P.L. 112239

Table 2. FY2013 DOD Appropriations Act (H.R. 5856; H.R. 933)

Subcommittee

Markup

H.R. 5856

Senate

House

Report

H.R. 5856

House

Passage

H.R. 5856

Senate

Report

H.R.

5856

House

Passage

H.R. 933

Senate

Passage

H.R. 933

House

agreed

to

Senate

amdts.

H.R. 933

5/8/2012 7/31/2012

5/25/2012

7/19/2012

8/2/1012

3/6/2013

3/20/2013

3/21/2013

3/26/2013

H.Rept. 112493

326-90

S.Rept.

112-196

267-151

73-26

318-109

P.L. 113-6

House

Congressional Research Service

Public

Law

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Defense: FY2013 Authorization and Appropriations

FY2013 Defense Budget Overview

The Obama Administration’s FY2013 budget request, submitted to Congress on February 13,

2012, included $646.97 billion for the so-called “national defense” function of the federal budget

(budget function 050). This included funding for global operations of the Department of Defense

(DOD), defense-related nuclear programs conducted by the Department of Energy (DOE), and

other defense-related activities.

For discretionary DOD budget authority, the request included $613.93 billion, of which $525.45

billion is for “base” defense budget costs—that is, day-to-day operations other than war costs—

and the remaining $88.48 billion was for “Overseas Contingency Operations” (OCO)—that is,

military operations in Afghanistan and elsewhere. The function 050 total also included

discretionary budget authority of $17.98 billion for DOE defense-related programs (dealing with

nuclear weapons and warship powerplants), $4.75 billion for FBI national security programs, and

$2.42 billion for a number of smaller accounts, including selective service and civil defense

(Table 3).

Table 3. FY2013 National Defense Budget Function (050): Administration Request

(budget authority in billions of dollars)

discretionary

Department of

Defense

Base

Budget

(budget sub-function

051)

TRICARE-for-Life

accrual payment

Subtotal: DOD Base Budget

Overseas Contingency Operations (OCO)

DOD total

Atomic Energy

Defense Programs

(Dept. of Energy)

(budget sub-function

053)

Defense-related

Activities

(budget sub-function

054)

6.85

518.77

-0.69

525.45

6.16

88.48

613.93

Occupational illness compensation and

other

17.98

Department of Energy total

17.98

Grand Total: National Defense

88.48

6.16

1.17

4.75

CIA Retirement Fund

Other

531.61

620.09

1.17

Other Energy Department defense

programs

FBI defense-related

TOTAL

6.68

Concurrent Receipt accrual

payment

Other DOD Base Budget (incl.

offsetting receipts)

mandatory

19.15

4.75

0.51

0.51

2.42

0.06

2.48

639.08

7.90

646.97

Source: House Armed Services Committee, Conference Report on H.R. 4310, National Defense Authorization

Act for FY2013, “National Defense Budget Authority Implication,” pp. 687-88.

Notes: This table is an inclusive summary of all budget authority for activities encompassed in the National

Defense budget function (Function 050) that would result from President Obama’s proposed FY2013 budget. It

includes discretionary and mandatory funding for military activities of the Department of Defense (DOD),

defense-related nuclear activities of DOE and defense-related activities by other agencies, such as FBI counterintelligence work. The amounts summarized by the table include some funds that are not covered by the annual

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legislation that authorizes and appropriates funds for DOD, the bills that are the focus of this report. The table’s

mandatory budget authority amounts are estimates by the Congressional Budget Office (CBO).

Numbers may not add due to rounding.

The Administration’s proposed DOD budget called for the third consecutive annual decrease in

total DOD funding (including OCO) since FY2010. Most of that decline reflected the decrease in

OCO spending for operations in Iraq and Afghanistan. However, while the decline in war costs

accounted for most of this reduction, the President’s FY2013 request also would have reduced the

base budget (in current dollars) for the first time since 1996. The base budget request was $5.2

billion less than was appropriated for the base budget in FY2012 and $45.3 billion less than the

FY2013 request the Administration had projected in February 2011 (Figure 1).

Figure 1. DOD Discretionary Budget Authority, FY2007-FY2013

(amounts in billions of dollars)

800

700

600

500

400

300

200

100

0

2007

2008

2009

2010

2011

2012

2013

request

45

Reduction from the February

2011 plan

Iraq

132

145

94

62

45

10

3

Afghanistan

34

39

52

100

114

105

86

Base Budget

431

479

513

528

528

531

525

Source: DOD Comptroller, FY2013 Budget Request Overview, Figures 1-2 and 6-2,

http://comptroller.defense.gov/defbudget/fy2013/FY2013_Budget_Request_Overview_Book.pdf.

That reduction from the previously planned FY2013 request—and additional planned reductions

of more than $50 billion per year compared to DOD’s February 2011 budget projections through

FY2021—reflected the Administration’s plan to reduce federal spending as required by the

Budget Control Act (BCA) of 2011, enacted on August 2, 2011 (P.L. 112-25). Compared with the

long-range spending plan published by DOD in February 2011, the February 2012 plan reduced

DOD base budgets by $259.4 billion from FY2012 through FY2017 (Figure 2). For the 10-year

period covered by the BCA (FY2012-FY2021), the Administration’s revised spending plan

reduced DOD budgets by a total of $486.9 billion.

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Figure 2. Obama Administration DOD Budget Projections:

February 2011 and February 2012

(amounts in billions of dollars)

640.0

620.0

600.0

580.0

560.0

540.0

520.0

500.0

480.0

460.0

FY11

FY12

FY13

FY14

FY15

FY16

FY17

DOD February 2011 Plan

528.2

553.0

570.7

586.4

598.2

610.6

621.6

DOD February 2012 Plan

528.2

530.6

525.4

533.6

545.9

555.9

567.3

Source: DOD Comptroller, Budget Briefing, FY2012 Budget Request (slide 4), available at

http://comptroller.defense.gov/defbudget/fy2013/FY2013_Budget_Request.pdf.

Note: The graph’s truncated vertical axis highlights differences between the two plans, but might appear to

exaggerate their magnitude. Under the 2012 plan, the FY2017 budget would be 9.57% lower than had been

planned in 2011.

Further reductions in DOD base budgets over the next 10 years may be in store as a result of the

BCA. In addition to the $900 billion worth of deficit reduction in FY2012-FY2021 (counting

both defense and non-defense spending) that results from the BCA, the act also requires

additional deficit reduction measures totaling $1.2 trillion through FY2021 (which would result in

a total deficit reduction through FY2021 of $2.1 trillion).

In FY2013, the BCA requires an across the board cut in budget authority (or “sequester”) that

would be levied against almost all discretionary spending. For the National Defense budget

function (of which the DOD budget comprises more than 95%), some $59 billion—about 10%—

would be cut from the Administration’s budget request, with equal percentages cut from each

program, project and activity. In subsequent years, the BCA sets lowered spending caps to

achieve the required savings. Each year, to the extent that Congress appropriates more than the

caps allow, the Administration would sequester funds through across-the-board cuts to ensure that

the required savings are achieved. If the sequestration process and the lowered spending caps

remain law, the Administration’s February 2012 projection for defense budgets over the next 10

years would be cut by an additional $515 billion—about 9%.

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Long-Term Budget Issues

For additional analysis of the potential impact on DOD of potential further budget reductions as part of the deficit

reduction measures mandated by the Budget Control Act of 2011 (P.L. 112-25), see CRS Report R42489, FY2013

Defense Budget Request: Overview and Context, by (name redacted) and (name redacted)

Base Budget Highlights

The Obama Administration presented its FY2013 DOD budget plan both as an effort to address

the long-term spending limits set by the BCA and as an opportunity to refocus U.S. defense

planning as DOD winds down large-scale deployments of U.S. troops in Iraq and Afghanistan.

The Administration preceded the announcement of its FY2013 budget request with the

publication on January 5, 2012, of new “strategic guidance,” which, it said, took account of both

the new budgetary and strategic environments.1

New Strategic Guidance

The January 2012 strategic guidance postulates that active-duty ground forces no longer will be

sized to conduct large-scale, prolonged stability operations such as those in Iraq and Afghanistan,

which required an Army and Marine Corps capable of maintaining a constantly rotating overseas

deployment of upwards of 100,000 troops.

Under this approach, U.S. forces will be shaped and sized to conduct a campaign to defeat a

major aggression—a combined arms campaign involving air, sea, and land forces and including a

large-scale ground operation—and, simultaneously, another campaign intended to block an attack

in some other area by a second adversary.2

The January 2012 strategic guidance also calls for DOD to put a higher priority on deploying U.S.

forces to the Pacific and around Asia while scaling back deployments in Europe. For example, the

Administration planned to withdraw and disband two of the four Army brigade combat teams

currently stationed in Germany while maintaining a rotating force of up to 2,500 Marines in

northern Australia. It also planned to station littoral combat ships in Singapore and smaller patrol

craft in Bahrain. Because of the distances from land bases to which U.S. forces have access,

operations in the Asia-Pacific region would rely heavily on air and naval forces. Accordingly,

many observers expect a shift of DOD resources toward naval and air forces at the expense of

ground formations.

Some question the Administration’s claim of a “pivot” toward Asia, citing its plan to retire some

older, long-range cargo planes and to cut a total of $13.1 billion from projected shipbuilding

budgets for FY2013-FY2017. But the Administration cites its decisions to retain in service 11

aircraft carriers and to add other ships to its shipbuilding plan as proof of its refocused

commitment on the Pacific region, where long operational distances are the rule.

1

DOD, Sustaining U.S. Global Leadership: Priorities for 21st Century Defense, January 2012,

http://www.defense.gov/news/Defense_Strategic_Guidance.pdf.

2

Ibid., p. 4.

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New Strategic Guidance and the ‘Pivot to the Pacific’

For further analysis of the Obama Administration’s new Strategic Guidance, issued in January 2012, see CRS Report

R42146, In Brief: Assessing DOD’s New Strategic Guidance, by (name redacted) and (name redacted). For additional analysis of

the Administration’s increased emphasis on Asia and the Pacific region as the focus of U.S. military and diplomatic

attention, see CRS Report R42448, Pivot to the Pacific? The Obama Administration’s “Rebalancing” Toward Asia,

coordinated by (name redacted).

Force Structure, Readiness

Pursuant to the Administration’s January 2012 strategic guidance, DOD plans to eliminate or

retire several major combat units and weapons systems by FY2017. Among these are

•

At least 8 of the Army’s 45 active-duty brigade combat teams;

•

Six of the Marine Corps’s 41 battalion landing teams;

•

Seven cruisers from among the Navy’s current fleet of 101 surface warships;

•

Two of the Navy’s 30 amphibious landing ships;

•

Six of the 61 fighter and ground-attack squadrons in the Air Force, Air Force

Reserve, and Air National Guard;

•

27 early-model C-5A cargo planes out of a total fleet of 302 long-range, widebody C-5 and C-17 cargo jets;

•

The entire fleet of C-27 mid-sized cargo planes, currently operated by the Air

Force but desired by the Army to deliver supplies to troops in forward positions;

and

•

The entire fleet of “Block 30” Global Hawk surveillance drones, which DOD

officials said had proven to be more expensive than the U-2 aircraft they had

been slated to replace.

On the other hand, the Administration says its plan would maintain the remaining force at a high

level of readiness. Compared with the February 2011 plan, the Operation and Maintenance

request for FY2013 was reduced by 3%, one-fifth as large as the 15% reduction imposed on the

Procurement accounts (Table 4).

Table 4. FY2013 DOD Discretionary Budget Authority:

February 2011 Projection and February 2012 Request

(amounts in billions of current year dollars)

Projected

FY2013

Request

Feb. 2011

Actual

FY2013

Request

Feb. 2012

Difference

($)

Difference

(%)

- Military Personnel

141.82

135.11

-6.71

-4.7%

- Operation and Maintenance

197.21

208.76

+11.55

+5.9%

- Procurement

104.53

98.82

-5.70

-5.5%

Appropriations Title

Base Budget

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Projected

FY2013

Request

Feb. 2011

Actual

FY2013

Request

Feb. 2012

Difference

($)

Difference

(%)

- RDT&E

71.38

69.41

-1.97

-2.8%

- Military Construction

11.37

9.57

-1.79

-1.6%

- Family Housing

1.68

1.65

-0.03

-1.9%

- Revolving and Management Funds

2.64

2.12

-0.52

-19.7%

Subtotal: Base Budget

530.62

525.45

-5.18

-1.0%

Subtotal: Overseas Contingency Operations (OCO)

115.08

88.48

-26.60

-23.1%

Total

645.71

613.93

-31.78

-4.9%

Appropriations Title

Source: DOD Comptroller, FY2013 Budget Request Overview, Table 8-1,

http://comptroller.defense.gov/defbudget/fy2013/FY2013_Budget_Request_Overview_Book.pdf.

Notes: The “Military Personnel” amounts include accrual payments into the budget account that funds

TRICARE-for-Life, which is the program that allows military retirees who are eligible for Medicare to remain

enrolled in DOD’s TRICARE medical insurance program. TRICARE-for-Life funds are not provided by the annual

defense appropriations but rather by permanent law, according to calculations by DOD actuaries.

Military Personnel Issues

The Administration plans to reduce the size of the active-duty force—slated to be 1.42 million at

the end of FY2012—by 21,600 personnel in FY2013 and by a total of 102,400 by the end of

FY2017. Consistent with the new policy of avoiding prolonged, large-scale peacekeeping

operations, most of that multi-year reduction—92,000 out of the 102,400—would come from the

Army and Marine Corps. In effect, this plan would remove from the force the 92,000 personnel

that were added to the Army and Marine Corps beginning in 2007 to sustain deployments to Iraq

and Afghanistan. However, in 2017—when the proposed reductions would be complete—each of

those two services still would be larger than it had been before the terrorist attacks of September

11, 2001 (Table 5).

Table 5. Active Military End Strength

FY2001

FY2012

FY2013

Proposed

FY2017

Proposed

Army

480,801

562,000

552,100

490,000

Navy

377,810

325,700

322,700

319,500

Marine Corps

172,934

202,100

197,300

182,100

Air Force

353,571

332,800

328,900

328,600

Total

1,385,116

1,422,600

1,401,000

1,320,200

Source: DOD Comptroller, FY2013 Budget Request Overview, Figures 4-2,

http://comptroller.defense.gov/defbudget/fy2013/FY2013_Budget_Request_Overview_Book.pdf.

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Pay Raise

The FY2013 budget request included a 1.7% increase in service members’ “basic pay,” an amount

based on the Labor Department’s Employment Cost Index (ECI), which is a survey-based

estimate of the rate at which private-sector pay has increased. After providing an equal increase in

basic pay for FY2014, the Administration plan would provide basic pay raises less than the

anticipated ECI increase in the following three years: 0.5% below ECI for FY2015, 1.0% below

for FY2016, and 1.5% below for FY2017.

The Administration maintained that budgetary limits require some reduction in the rate of

increase of military compensation in order to avoid excessive cuts in either the size of the force or

the pace of modernization. However, it promised that no service member would be subjected to

either a pay freeze or a pay cut. Moreover, proposed reductions in the size of the annual military

pay raise would not begin until FY2015, thus allowing service members and their families to plan

for the change. Over the five-year period (FY2013-FY2017), the Administration projected that

savings from its planned schedule of military compensation would total $16.5 billion.

According to DOD officials, although military compensation accounts for about one-third of

DOD’s budget, the savings that would result from the proposed changes in compensation would

account for less than 10% of the total that the Administration’s budget would slice from the

February 2011 DOD budget projection for FY2012-FY2021 (Table 4).

TRICARE Pharmacy Fees

The Administration also proposed a variety of fee increases for the 9.65 million beneficiaries of

TRICARE, DOD’s medical insurance program for active-duty, reserve-component, and retired

service members and their dependents and survivors. According to DOD, the overall cost of the

Military Health Program, which totaled $19 billion in FY2001, had more than doubled to $48.7

billion in FY2013. The FY2013 request assumes $1.8 billion in savings as a result of the

Administration’s proposed fee increases, which are controversial and which Congress would have

to approve in law.

Many of the proposed fees and fee increases would apply only to working-age retirees and would

be “tiered” according to the retiree’s current income. The package also includes pharmacy copays intended to provide an incentive for TRICARE beneficiaries to use generic drugs and mailorder pharmacy service. Future changes in some of the propose fees and in the “catastrophic cap”

per family would be indexed to the National Health Expenditures (NHE) index, a measure of

escalation in medical costs calculated by the federal agency that manages Medicare.

Modernization

Compared with the FY2013 budget that DOD projected in February of 2011, the actual FY2013

request for procurement and R&D accounts was 12.5% lower. Proportionally, that reduction is

more than twice as large as the reduction in the combined accounts for military personnel and

operation and maintenance (down 4.7%).

Measured in constant dollars, DOD’s combined procurement and R&D budget in FY2010 was

60% higher than it had been in FY2001. Accordingly, some argue that DOD can afford to rein in

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its spending on acquisition while it lives off the capital stocks built up and modernized during the

decade of budget increases that followed the terrorist attacks of 2001.3

But others contend that much of the procurement spending during that decade was for (1) items

peculiarly relevant to the wars in Iraq and Afghanistan; (2) items needed to replace equipment

destroyed in combat or worn out by the high tempo of operations in a region that is particularly

stressful on machinery and electronics; or (3) modifications to existing planes, tanks, and ships.

While modifications can improve the effectiveness of existing platforms, they cannot nullify in

the long run the impact of age and design obsolescence.4

The Administration emphasizes that it is prioritizing among weapons programs in deciding where

to make cuts in previously planned spending and that it is sustaining funding for high-priority

programs, such as the development of a new, long-range bomber for which its plan budgets $292

million in FY2013 and more than $5 billion over the FY2014-FY2017 period.

Compared with DOD’s February 2011 plan for procurement and R&D funding, the program

announced in February 2013 would save $24 billion in FY2013 and a total of $94 billion over

FY2013-FY2017. Procurement of some items would be terminated outright, before the originally

planned total number was acquired (e.g., the Army’s new 5-ton trucks—designated FMTV—

terminated for a total savings of $2.2 billion over five years, and a new Air Force weather

satellite, terminated for a total savings of $2.3 billion).

But DOD plans to achieve most of the savings in procurement from “restructuring” programs,

that is, from slowing the timetable for moving from development into production or slowing the

rate of production. The department justifies some of its proposed reductions on grounds of factof-life delays in specific programs. In other cases, it contends that it is an “acceptable risk” to

forego (or delay) acquisition of a particular capability.

Overseas Contingency Operations Highlights

The Administration’s $88.5 billion request for FY2013 war costs (OCO) amounts to $26.6 billion

less than Congress appropriated for war costs in FY2012. This reduction reflects:

•

the cessation of U.S. combat operations in Iraq by the end of the first quarter of

FY2012; and

•

the reduction of the number of U.S. troops in Afghanistan, by the end of FY2012,

to 68,000 personnel, thus ending the “surge” into that country of 33,000

additional U.S. troops announced by President Obama on December 1, 2009.

3

See, for example, Stimson Center, “What We Bought: Defense Procurement from FY01 to FY10,” by (name re

dacted), October 2011.

4

See, for example, American Enterprise Institute, “The Past Decade of Military Spending: What We Spent, What we

Wasted, and What We Need,” by Mackenzie Eaglen, January 24, 2012.

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Figure 3. OCO Funding by Country

Figure 4. U.S. Troop Level by Country

200

200

180

160

150

140

120

100

thousands of

troops

100

thousands

of troops 80

60

50

40

0

20

2008 2009 2010 2011 2012 2013

148

Iraq

Afghanistan 39

94

52

62

45

10

100 114 105

3

86

Source: DOD Comptroller, FY2013 Budget

Request Overview, Figure 6-2,

http://comptroller.defense.gov/defbudget/fy2013/FY2

013_Buget_Request_Overview_Book.pdf.

0

Iraq

Afghanistan

2008

2009

2010

2011

2012

2013

154

33

141

44

96

84

47

98

5

90

0

68

Source: DOD Comptroller, FY2013 Budget

Request Overview, Figure 6-2,

http://comptroller.defense.gov/defbudget/fy2013/FY2

013 _Buget_Request_Overview_Book.pdf.

The OCO budget request assumed that 68,000 U.S. troops will remain in Afghanistan through the

end of FY2013, although President Obama has said that, after the number had been drawn down

to 68,000 by the summer of 2012, it would continue to decline “at a steady pace.” 5

On September 20, 2012, then-Defense Secretary Leon Panetta announced that the President’s goal

of reducing the number of U.S. troops in Afghanistan to 68,000 had been met.6

Bill-by-Bill Analysis

FY2013 National Defense Authorization Act

The compromise final version of the FY2013 NDAA, signed by the President on Jan. 2, 2013

(P.L. 112-239), authorized $648.7 billion for DOD and defense-related nuclear activities of DOE,

which amounts to $1.7 billion more than the administration requested.

For DOD’s base budget, the final bill would authorize $527.5 billion, practically splitting the

difference between the $528.6 billion that would have been authorized by the House-passed

version of the bill, and the $525.8 billion that would have been authorized by the Senate-passed

version. The final bill made a slight reduction to the amount requested for war costs and larger—

though still relatively small—reduction to the amount requested for Energy Department nuclear

programs (Table 6).

5

President Barack Obama, Remarks by the President on the Way Forward in Afghanistan, Washington, DC, June 22,

2011, available at http://www.whitehouse.gov/the-press-office/2011/06/22/remarks-president-way-forwardafghanistan.

6

DOD News Release, No. 766-12, “Statement from Secretary Panetta on Recovery of Surge Forces in Afghanistan,”

Sept. 20, 2012, http://www.defense.gov/releases/release.aspx?releaseid=15580.

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Table 6. FY2013 National Defense Authorization Act (H.R. 4310; S. 3254)

(amounts of discretionary budget authority in millions of dollars)

FY2013

Administration

Request

FY2013

House-passed

H.R. 4310

FY2013

Senatepassed

H.R. 4310a

FY2013

Conference

Report on

H.R. 4310

Base Budget

Procurement

97,432

99,122

96,959

98,398

Research and Development

69,408

70,387

69,286

69,938

Operations and Maintenance

174,939

175,082

174,778

175,569

Military Personnel

135,112

135,727

135,112

135,758

Defense Health Program and

Other Authorizations

37,228

37,458

37,739

37,405

Military Construction and

Family Housing

11,223

10,838

10,559

10,413

Commission on the Structure

of the Air Force

1,400

Subtotal:

DOD Base Budget

525,342

528,614

525,839

527,482

Atomic Energy Defense

Activities (Energy Dept.)

17,779

18,143

17,348

17,384

TOTAL: FY2013 Base

Budget

543,121

546,757

543,187

544,866

Subtotal: Overseas

Contingency Operations

88,482

88,482

88,182

88,479

631,603

635,259

631,369

633,345

7,474

7,474

7,474

7,474

Total: FY2013 National

Defense Discretionary Budget

Authority implications of the

bill

639,077

642,713

638,843

640,819

FY2013 Mandatory National

Defense Funding

7,891

7,891

7,891

7,858

Grand Total FY2013

National Defense Budget

Authority implications of

the bill

646,968

650,579

646,734

648,677

GRAND TOTAL:

FY2013 NDAA

National Defense

Discretionary Funding not

covered by this bill

Source: H.Rept. 112-479, House Armed Services Committee, Report on H.R. 4310, National Defense

Authorization Act for FY2013, pp. 10-19; S.Rept. 112-173, Senate Armed Services Committee, Report on S.

3254, National Defense Authorization Act for FY2013, pp. 4-8; H.Rept. 112-705, Conference report on H.R.

4310, National Defense Authorization Act for FY2013, pp. 682-87.

Notes: The amounts requested and authorized in the annual National Defense Authorization Act (NDAA) is

less than the total National Defense Budget because defense-related activities conducted by agencies other than

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DOD and the Energy Department—for example, the FBI’s counterintelligence activity—are not covered by the

bill and because certain DOD activities do not require annual authorization.

a.

The version of the bill debated by the Senate was S. 3254, which had been reported by the Senate Armed

Services Committee. Immediately after the Senate passed that bill on December 4, 2012 by a vote of 98-0, it

agreed by unanimous consent to substitute the text of that bill for the text of the House-passed H.R. 4310.

Thereupon, the Senate passed the amended H.R. 4310 by voice vote, setting the stage for a House-Senate

conference on that measure.

NDAA: The Broad Outlines

Compared with annual defense authorization bills enacted in the previous decade, both H.R. 4310

as passed by the House and S. 3254 as passed by the Senate would make relatively few additions

to the authorization levels proposed by the Administration for specific programs. This reflects the

stringent bars against “earmarks” currently observed in both the House and the Senate.

Proposed Administration Savings

The House-passed version of H.R. 4310 would have added to the request more than $4 billion to

cover the cost of overturning some of the Administration’s more high-profile efforts to reduce

DOD spending. The Senate-passed bill would have taken similar action to reverse two of the

initiatives—disbanding several squadrons of airplanes in the Air Force, Air Force Reserve, and

Air National Guard; and deferring production of an attack submarine. However, the Senate bill

supported, wholly or in part, several of the Administration’s other proposed DOD spending cuts.

As enacted, the enacted FY2013 NDAA steered a middle course between the House and Senate

versions. (See Table 7.)

Table 7. Selected Administration Budget Initiatives

Selected

Administration

proposals

Disband 7 Air Force and

Air National Guard

squadrons; Retire 303

aircraft. Cancel planned

procurements of Global

Hawk Block 30

surveillance drones and

C-27 medium-sized

cargo planes; Retire

Global Hawk 30s and C27s in service.

House-passed Bill

Senate-passed Bill

Conference Report

Adds authorization for

$1.10 billion and 7,816

personnel (active duty and

reserve components) to

retain the current force

structure and continue

Global Hawk Block 30

operations.

Freezes current force

structure; prohibits

retirement of aircraft from

National Guard or Air

Force Reserve; adds $1.4

billion to cover the cost of

maintaining status quo;

creates commission to

recommend future force

structure of Air Force. In

effect, cancels $544 million

authorized for Global

Hawk Block 30 in prior

years, directing that those

funds be substituted for

new budget authority to

help fund the FY2013

budget.

Adds $636 million and

5,040 personnel (active

duty and reserve

components) to retain the

current force structure and

to continue Global Hawk

Block 30 operations

through 2014, but would

not flatly prohibit changes;

creates commission to

recommend USAF force

structure over the longterm.

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Selected

Administration

proposals

House-passed Bill

Senate-passed Bill

Conference Report

Retire seven Aegis

cruisers and two LSDtype amphibious landing

ships, with four cruisers

slated for retirement in

FY2013 and the other

ships in FY2014.

Prohibits retirement of any

of the ships, except for one

cruiser damaged in

grounding, and adds $638

million to continue

operating and maintaining

three of the four cruisers

that the budget would

retire in FY2013.

Expresses sense of

Congress that all the ships’

operational capability

should be maintained; adds

no funds, for this purpose

Adds $629 million to keep

in service all four cruisers

slated for retirement in

FY2013; requires a detailed

report on repairs and

would be required for the

damaged cruiser (USS Port

Royal) to remain in service.

Increase various

TRICARE fees, reducing

the FY2013 budget

requirement by $1.8

billion.

Adds $1.21 billion to

replace funds the

Administration had planned

to obtain from fee changes

which the House bill would

not authorize; allows some

requested increases.

Adds $452 million to

replace funds the

Administration had planned

to obtain from fee changes

which the bill would not

authorize; allows larger

number of requested

increases.

Adds $1.12 billion to

compensate for not

authorizing several of the

proposed fee changes;

allows some increase in

pharmacy co-pays plus

other fee increases

previously authorized by

law.

Slow design of new

ballistic missile sub,

reducing FY2013 funding

by more than half ($640

million) from earlier

projection.

Adds $374 million to fund

ship design at earlier

projected level; No

addition to restore funds

cut from nuclear reactor

design.

n/c

n/c

Buy components to

support purchase of one

Virginia-class submarine

in FY2014 rather than

two, reducing FY2013

funding by more than

40% ($667 million).

Adds $778 million to allow

funding two subs in

FY2014.

Adds $778 million to allow

funding two subs in

FY2014.

Adds $778 million to allow

funding two subs in

FY2014.

Slow development of

Army’s Ground Combat

Vehicle reducing FY2013

funding by two-thirds

($1.3 billion) from

earlier projection.

n/c

n/c

n/c

Note: The notation n/c (no change) signifies that no provision of the bill would block or alter the proposed policy.

Other Increased Weapons Spending

The House-passed version of the FY2013 NDAA would have authorized $2.1 billion more than

was requested for several programs for which Congress typically adds to the annual budget

request. The Senate-passed version would have added about one-fifth as much. (See Table 8.)

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Table 8. Selected Congressional Funding Increases

Selected

Administration

Proposals

House-passed Bill

Senate-passed Bill

Conference Report

Request $903 million to

continue upgrading

Ballistic Missile Defense

system deployed in

Alaska and California to

intercept intercontinental missiles;

Also request $461

million for THAAD

interceptor missiles and

$217 million for a TPY-2

anti-missile radar.

Adds $357 million to

deploy additional

interceptor missiles in

Alaska and $103 million to

begin work on an East

Coast site for additional

interceptors; Also adds

$127 million for additional

THAAD missiles and $170

million for a second radar.

Adds $100 million for

THAAD.

Adds $75 million to the

defense against

intercontinental missiles,

none of it earmarked for

East Coast site, but

requires DOD to evaluate

three additional interceptor

launch sites in U.S., two of

which must be on the East

Coast; Also adds $163

million for a second TPY-2

radar, but no additional

funds for THAAD.

Request $100 million to

continue development of

three Israeli missile

defense systems.

Adds $168 million for

those three Israeli systems

and an additional $680

million for the Israeli “Iron

Dome” system designed to

intercept short-range

rockets and artillery shells.

Adds $100 million for the

three Israeli systems and an

additional $210 million for

“Iron Dome.”

Adds $168 million for the

three Israeli systems and an

additional $211 million for

“Iron Dome.”

Phase out upgrades to

Abrams tanks and

Bradley troop carriers

preparatory to shutting

down those production

lines from 2014 until

2017, when new

upgrade programs

would begin.

Adds $320 million to

continue Abrams and

Bradley upgrades and $62

million for tank recovery

vehicles that would provide

additional work for the

armored vehicle industrial

base.

Adds $91 million to

continue Abrams upgrades

and $123 million for tank

recovery vehicles.

Adds $276 million to

continue Abrams and

Bradley upgrades and $62

million for tank recovery

vehicles.

Note: The notation n/c (no change) signifies that no provision of the bill would block or alter the proposed policy.

Funding Offsets

As is customary in annual NDAAs, both the House-passed H.R. 4310 and the Senate committee’s

S. 3254 would offset some or all of their proposed additions to the budget request with some

relatively large proposed reductions within certain programs. Moreover—as usual—the House

and Senate Armed Services Committees that drafted the two bills said that some of their proposed

reductions would have no adverse impact on DOD. For example, each bill would reduce the total

amount authorized by upwards of $1.5 billion on the grounds that funds appropriated in prior

years but not spent could be used in lieu of the same amount of new budget authority to cover

part of the FY2013 budget. (See Table 9.)

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Table 9. Selected Funding Offsets

Selected

Administration

Proposals

House-passed Bill

Senate-passed Bill

Conference Report

Missile Defense

Programs

Cuts the entire $400.9

million requested for

MEADS missile defense

system, a joint project of

the U.S., German, and

Italian governments.

Cuts the entire $400.9

million requested for

MEADS; also cuts $247.4

million (of $297.4 million

requested) for Precision

Tracking Space System

(PTSS) missile tracking

program.

Cuts the entire MEADS

request ($400.9 million);

also cuts $55 million from

PTSS and $25 million (of

$59 million requested) for

a space-based missile

tracking program

designated Advanced

Remote Sensor Technology

(ARST).

Aid to Afghanistan

($6.55 billion) and to

other governments

collaborating with U.S.

policy in Afghanistan

thru Coalition Support

Funds ($1.75 billion).

Cuts a total of $1.00 billion

from the request, including

$650 million from Coalition

Support Funds and $200

million from Commanders

Emergency Response

Program (CERP).

Cuts a total of $250 million

from the request, including

$200 million from

Commanders Emergency

Response Program (CERP)

and $50 million from the

Afghanistan Infrastructure

Fund.

Cuts a total of $350 million

from the request including

$200 million from CERP,

$50 million from the

Afghanistan Infrastructure

Fund and $100 million from

Coalition Support Funds.

$911.0 million request

to decommission the

nuclear-powered carrier

USS Enterprise.

Cuts $470.0 million that

would not be needed until

FY2014, directing the Navy

to fund the project on a

year-by-year basis.

n/c

n/c

$463.0 million request

for Energy Department

contribution to fund for

environmental cleanup

at U.S. uranium

enrichment facilities.

n/c

Cuts the entire amount on

grounds that payments

must be authorized by

legislation outside

jurisdiction of Armed

Services Committee.

Cuts the entire request for

$463.0 million.

[not applicable]

Cut a total of $2.80 billion

that House Armed Services

Committee said would

have no adverse effect

either because the funds

would not be needed in

FY2013 or because funds

left over from prior

budgets could be used.

Cut a total of $2.37 billion

that Senate Armed Services

Committee said would

have no adverse effect

either because the funds

would not be needed in

FY2013 or because funds

left over from prior

budgets could be used.

Cut a total of $2.55 billion

that House and Senate

negotiators said would

have no adverse effect

either because the funds

would not be needed in

FY2013 or because funds

left over from prior

budgets could be used.

Note: The notation n/c (no change) signifies that no provision of the bill would block or alter the proposed policy.

Military Personnel Issues (Authorization)7

Like the version of H.R. 4310 passed by the House and S. 3254 as passed by the Senate, the

enacted version of H.R. 4310 authorizes a 1.7% military pay raise, as requested.

7

For congressional action relevant to military personnel issues in the FY2013 DOD appropriations bill, see “Military

Personnel and Force Structure (Appropriations).”

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Military Personnel Policy Issues

For more detailed analysis of military personnel issues dealt with in the FY2012 National Defense Authorization Act,

see CRS Report R42651, FY2013 National Defense Authorization Act: Selected Military Personnel Policy Issues, coordinated

by (name redacted).

Proposed Reductions in Personnel and Force Structure

In their respective reports on the FY2013 NDAA, the Armed Services Committees of the House

and Senate each expressed concern that the Administration’s plan to reduce the Army and Marine

Corps by a total of 92,000 by the end of FY2017 may cut too deep. However, both bills approved

the Administration’s proposed reductions in the number of active-duty personnel for the Army,

Navy, and Marine Corps in FY2013 and the final version of the bill did the same. (Table 10).

Table 10. Current and Proposed FY2013 End-Strength

for Active and Reserve Component Forces

H.R. 4310

passed by the

House

Service

FY2012

Authorized

FY2013

Request

number

authorized

change

from

request

S. 3254

passed by the

Senate

number

authorized

change

from

request

number

authorized

change

from

request

ACTIVE FORCES

Army

562,000

552,100

552,100

0

552,100

0

552,100

0

Navy

325,700

322,700

322,700

0

322,700

0

322,700

0

Marine

Corps

202,100

197,300

197,300

0

197,300

0

197,300

0

Air

Force

332,800

328,900

330,383

+1,483

329,597

+697

329,460

+560

TOTAL

Active

Forces

1,422,600

1,401,000

1,402,483

+1,483

1,401,697

+697

1,401,560

+560

SELECTED RESERVE

Army

National

Guard

358,200

358,200

358,200

0

358,200

0

358,200

0

Army

Reserve

205,000

205,000

205,000

0

205,000

0

205,000

0

Navy

Reserve

66,200

66,200

66,200

0

66,200

0

66,200

0

Marine

Corps

Reserve

39,600

39,600

39,600

0

39,600

0

39,600

0

Air

National

Guard

106,700

101,600

105,005

+4,405

106,435

+4,835

105,700

+4,100

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FY2012

Authorized

FY2013

Request

H.R. 4310

passed by the

House

S. 3254

passed by the

Senate

Air

Force

Reserve

71,400

70,500

72,428

+1,928

72,428

+1,928

70,880

+380

TOTAL

Selected

Reserve

847,100

837,400

843,733

+6,333

844,163

+6,763

841,880

+4,480

Service

Note: The “Selected Reserve” are those reservists enrolled in units that assemble for drill periods a certain

number of times annually, including one period of two weeks duration. Service members enrolled in other

reserve categories do not participate in regular drills.

Air Force Cuts

The House and Senate versions of the bill each contained provisions that would block the

Administration’s proposal to disband several Air Force units and retire more than 300 aircraft. In

testimony before the Senate Defense Appropriations Subcommittee on March 14, 2012, Air Force

Secretary Michael Donley said he would defer the proposed changes. In a June 22, 2012, letter to

then-Senate Defense Subcommittee Chairman Daniel K. Inouye, Defense Secretary Panetta went

further, saying he would defer any changes to the force structure of the Air Force—including

some that had been authorized and funded in prior budgets—until Congress completes work on

the FY2013 budget.

The House-passed bill authorized 7,030 personnel more than requested for the Air Force and its

associated reserve components in order to staff units that had been slated for disbanding. H.R.

4310 would add to the request $699.2 million to continue operating those units, plus $400.4

million to continue purchasing C-27 cargo planes and RQ-4 Block 30 Global Hawk

reconnaissance drones. The Administration had proposed mothballing the C-27s and Block 30

Global Hawks already in hand and terminating plans to buy more of each.8

The Senate-passed bill authorized 8,246 more personnel than had been requested for the Air

Force and associated reserve components. S. 3254 also includes provisions that would add to the

budget request a total of $1.40 billion to maintain the status quo pending recommendations by a

National Commission on the Structure of the Air Force that the bill would establish (Sections

1701-1709). However, the Senate bill did not challenge the Administration’s proposal to dispose

of the C-27s and Global Hawk Block 30s. In fact, it rescinded $544 million appropriated for

Global Hawk in prior years, using those funds instead to cover some of the cost of the FY2013

budget.

The conference report on H.R. 4310 adds to the budget request a total of $636 million and 5,040

personnel (active duty and reserve components) to retain the current force structure and to

continue operating C-27s and Global Hawk Block 30s. However, the enacted version of the bill

would not flatly prohibit changes to the current force structure. It also mandated creation of a

commission to make recommendations about USAF force structure over the long-term (Sections

361-367).

8

The Administration’s proposal to abandon the Block 30 version of the Global Hawk has no effect on other versions of

the Global Hawk long-range, unmanned aircraft used by DOD.

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Defense: FY2013 Authorization and Appropriations

Ship Retirements

The House-passed version of H.R. 4310 would have barred the Navy from laying up six of the

seven Aegis cruisers and either of the two amphibious landing ships slated for earlier-thanplanned retirement as a cost-saving measure in the budget request. It would allow the Navy to

retire, as requested, the one cruiser, the USS Port Royal, although that ship—commissioned in

1994—is the newest of the Aegis cruisers and one of the few that has been modified to shoot

down ballistic missiles. The ship sustained structural damage when it ran aground off Honolulu in

2009.

The House bill also would have authorized an additional $638 million to continue operating and

upgrading the three cruisers slated for retirement in FY2013. However, the bill would approve a

reduction in Navy end-strength from 325,700 to 322,700, as requested. The Armed Services

Committee said the Navy could man the three ships even after absorbing that reduction.

The Senate version of the bill included a provision expressing the sense of Congress that the

“operational capability” of all the ships slated for early retirement should be retained. However,

the Senate bill added no funds to the request.

The conference report on H.R. 4310 included a provision (Section 354) barring the use of funds

to retire (or prepare for retirement) any of the cruisers or amphibious ships. It also added to the

requested authorization $629 million for the operation and upgrade of all four of the cruisers,

including the Port Royal and directed the Navy to prepare a detailed report on the how the

damaged ship could be brought up to par.

Army and Marine Corps Drawdown9

The Armed Services Committees of both the House and Senate, in their reports on their respective

versions of the defense authorization act, expressed concern over the Administration’s plan to cut

a total of 92,000 active-duty personnel from the Army and Marine Corps by the end of FY2017.

Although both the House and Senate versions of the bill authorized the portion of that long-term

reduction that the Administration proposed for FY2013 (approving cuts of 9,900 from the Army

and 4,800 from the Marine Corps), the two committees expressed concern about the pace of the

reductions while U.S. ground forces still are deployed in combat operations in Afghanistan. The

Senate committee warned that the reduction could undermine morale by reducing “dwell-time”—

that is, the period during which soldiers and Marines are stationed at their home bases between

overseas deployments.10

The House bill included a provision (Section 403) that would have limited the number of

personnel that could be cut in any one year from 2014 through 2017 to 15,000 from the Army and

5,000 from the Marine Corps. In its Statement of Administration Policy (SAP) on the bill, the

Office of Management and Budget (OMB) said this provision would slow its planned drawdown

9

For additional background, see CRS Report R42493, Army Drawdown and Restructuring: Background and Issues for

Congress, by (name redacted).

10

H.Rept. 112-479, p. 145, and S.Rept. 112-173, p. 99.

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in ground forces, thus increasing military personnel and health care costs by more than $500

million in 2014 and by a total of $1.9 billion through 2019.11

S. 3254 included no such provision, but in its report to accompany the bill, the Senate Armed

Services Committee directed DOD to include with each of its annual budget requests for FY2014FY2017 two items relevant to this issue:12

•

A prediction of the ratio of “dwell time” to deployment time for active and

reserve component personnel that would result from the personnel reductions

proposed in that budget; and

•

An assessment of whether the proposed reductions could be reversed within one

year, if unforeseen contingencies led to the deployment of more forces than the

budget request had assumed.

The conference report on H.R. 4310 reiterated the Armed Services Committees’ concern

about the wisdom of cutting the size of the Army and Marine Corps while troops remain

engaged in Afghanistan. The final version of the bill also included a provision (Section

403) mirroring the House provision that allows a the active-duty manpower of the Army

and Marine Corps to be reduced by no more than 15,000 and 5,000 respectively in each

fiscal year from 2014 through 2017.

TRICARE

Neither the House-passed H.R. 4310 nor the Senate-passed S. 3254 would have authorized most

of the Administration’s proposed new fees and fee increases for TRICARE beneficiaries and for

retirees who benefit from the so-called TRICARE-for-Life program. Specifically, neither

chamber’s version of the FY2013 NDAA would have authorized proposals to

•

raise TRICARE-for-Life premiums for military retirees using a three-tier model

linking the size of each beneficiary’s increase to the amount of his or her military

retired pay;

•

link increases in TRICARE’s so-called “catastrophic cap”—the maximum

amount a family would have to pay in a single year—to increases in the federal

government’s National Health Expenditure index; and

•

increase the annual enrollment fees for the TRICARE Prime plan and introduce

enrollment fees for the other TRICARE plans, including TRICARE-for-Life.

The House bill (Section 718) would have allowed increases in the TRICARE pharmacy copayments for brand-name and non-formulary drugs, but at a lower rate than current law would

allow. This section of the bill further provided that, beginning in 2014, pharmacy co-payments

would be indexed to the annual retiree cost-of-living adjustment. It also directed the Secretary of

Defense to conduct a pilot program that would use the national mail-order pharmacy program to

refill prescription maintenance medications for each TRICARE-for-Life beneficiary (Section

717). All told, the House-passed bill would have added $1.21 billion to the amount requested in

11

Office of Management and Budget, “Statement of Administration Policy: H.R. 4310—National Defense

Authorization Act for FY2013,”

http://www.whitehouse.gov/sites/default/files/omb/legislative/sap/112/saphr4310r_20120515.pdf.

12

S.Rept. 112-173, pp. 99-100.

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the budget to compensate for savings the Administration had anticipated would result from the

proposed TRICARE changes the House bill would not make.

S. 3254 would have allowed the proposed increase in TRICARE pharmacy co-payments at the

rate allowed by current law. It also would have authorized $452 million more than was requested

for DOD’s health care program to compensate for savings projected to have resulted from

TRICARE changes the bill would not authorize.

The conference report on H.R. 4310, as enacted, Section 712 would set new cost-sharing rates

under the TRICARE pharmacy benefits program for fiscal year 2013 in statute, and would in

fiscal years 2014 through 2022 limit any annual increases in pharmacy copayments to increases in

retiree cost of living adjustments. Beyond fiscal year 2022, the Secretary of Defense would be

authorized to increase copayments as the Secretary considers appropriate.13

Abortion

As enacted, the conference report included (Section 704) a provision of the Senate-passed bill

authorizing the use of DOD funds to provide abortions in the case of pregnancies resulting from

rape or incest.

Same-Sex Marriage

The House bill included a provision (Section 537) that would prohibit the use of DOD facilities

for any marriage or “marriage-like” ceremony unless the ceremony involves the union of one man

and one woman. The bill also included a provision (Section 536) that would prohibit any military

chaplain from being required to perform any duty or religious ceremony contrary to the chaplain’s

conscience or religious beliefs. The provision also would have barred any adverse personnel

action against a chaplain on the basis of his refusal to comply with any order prohibited by the

section.

The enacted version of H,R, 4310 dropped the prohibition on same-sex marriages in DOD

facilities, but included in Section 533 a modified version of the House provision allowing

chaplains to refuse to officiate at such ceremonies on grounds of conscience or religious belief.

Women in Combat Roles14

In a February 2012 report mandated by Section 535 of the Ike Skelton National Defense

Authorization Act for FY2011,15 DOD announced its intention to relax several policies that

restricted women from assignment to ground combat units and their associated support units. One

of those announced changes was the development of “gender-neutral physical standards for

occupational specialties closed [to women] due to physical requirements.” The enacted version of

13

For additional detail on TRICARE-related provisions of the FY2013 NDAA as enacted, see CRS Report R42651,

FY2013 National Defense Authorization Act: Selected Military Personnel Policy Issues, coordinated by (name redacte

d).

14

For additional background, see CRS Report R42075, Women in Combat: Issues for Congress, by (name redacted).

15

U.S. Department of Defense, Office of the Under Secretary of Defense (P&R), Report to Congress on the Reviews of

Laws, Policies and Regulations Restricting the Service of Female Members in the U.S. Armed Forces, February, 2012.

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H.R. 4310 included a provision (Section 524), incorporated from the House-passed version of the

bill, requiring DOD to report to Congress on the feasibility of developing such “gender-neutral”

standards.

The House Armed Services Committee noted, in its report on the bill, that counterinsurgency

operations in Iraq and Afghanistan “place female service members in direct combat action with

the enemy.” Noting that some women who had been deployed in that theater were critical of the

body armor currently issued to U.S. troops (which was designed for male body morphology), the

committee directed the Secretary of the Army to assess the need for body armor tailored to female

body types.16

The Senate Armed Services Committee, in its report on S. 3254, called the policy changes

announced in DOD’s February 2012 report “a small step in the right direction,” but urged DOD to

further relax current restrictions on the assignment of female service personnel, saying: “By

limiting their use of the talents of female service members, the Department [of Defense] and the

services are handicapping efforts to field the highest quality force possible.” The Senate

committee directed the Secretary of Defense to report by February 1, 2013, on its implementation

of the policy changes announced in the February report and to “make recommendations for

regulatory and statutory change that the Secretary considers appropriate to increase service

opportunities for women in the armed forces.” 17

Ground Combat Equipment (Authorization)18

Congressional action on authorization of funding for selected ground force equipment is

summarized in Table A-3. Following are highlights:

M-1 Tanks, Bradley Troop Carriers, Hercules Tank Recovery Vehicles

As part of DOD’s strategic reorientation,19 the Army plans to dissolve at least 8 of its 47 activeduty brigade combat teams (BCTs),20 including at least 2 of its 15 so-called “heavy” BCTs—units

equipped with dozens of M-1 Abrams tanks and Bradley armored troop carriers. The Army has

not decided the final number of active BCTs it wants to retain; how many of that number will be

heavy BCTs; or the number of tanks, Bradleys, and other armored combat vehicles in each heavy

unit.

In its report on H.R. 4310, the House committee expressed concern that budget pressures might

induce the Army to eliminate too many heavy BCTs (which cost more to equip and operate than

other units). The panel also objected to DOD’s plan to shut down, from 2013 through 2016, the

production lines that upgrade M-1 tanks (in Lima, OH) and Bradleys (in York, PA).21 Under the

Administration’s plan, the two lines would reopen in 2017 to further modify tanks and Bradleys.

16

H.Rept. 112-479, pp. 56-58.

S.Rept. 112-173, pp. 117-18.

18

For congressional action on appropriations for ground combat systems, see “Ground Combat Systems

Appropriations.”

19

See “New Strategic Guidance,” above.

20

Brigade combat teams (BCTs), the Army’s basic combat units, comprising about 4,000 soldiers.

21

H.Rept. 112-479, pp. 24-26.

17

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The House committee maintained that it was not clear either (1) that the planned temporary shutdowns would save very much, or (2) that the network of suppliers needed to support planned

future upgrades could be reconstituted after a three-year break. The panel also contended that

there was a need for additional upgraded combat vehicles and that pending Army decisions might

further increase the requirement. Accordingly, the House bill increased above the budget request

the amounts authorized for three of the Army’s heavy combat vehicles, authorizing

•

$255.4 million (an increase of $181.0 million) to convert older M-1As to the M1A2 SEP configuration, with improvements to night-vision equipment and other

components;

•

$288.2 million (an increase of $140.0 million) to upgrade Bradleys; and

•

$169.9 million to buy 51 Hercules tank recovery vehicles, designed to tow

damaged tanks to safety (an increase of $62.0 million and 20 vehicles).

The House committee also urged the Army to accelerate a program to equip its 1980s-vintage

Paladin mobile howitzers with a new chassis and a drive train adapted from the Bradley troop

carrier.

S. 3254 would have mirrored the House bill’s authorization of $255.4 million to convert older

tanks to the M-1A2 SEP configuration and also would have authorize the amount requested to

upgrade Bradleys but also would have authorized a total of $230.9 million for Hercules tank

recovery vehicles.22

The enacted version of H.R. 4310 added a total of $338.0 million to the requested authorization,

providing additional funding for Abrams upgrades and Bradley upgrades and for tank recovery

vehicles.

New Generation of Tactical Vehicles

The enacted version of the FY2013 NDAA, like the House and Senate versions, all approved the

amounts requested to develop a new generation of Army vehicles:

•

$639.9 million for the Ground Combat Vehicle, intended to replace the Bradley;

•

$74.1 million for the Armored Multi-Purpose Vehicle (AMPV), intended to

replace the Vietnam War-vintage M-113 troop carrier now used in various roles,

including battlefield ambulance and supply hauler; and

•

$116.8 million for the Joint Light Tactical Vehicle (JLTV), intended to succeed

the jeep-like “Humvee” (HMMWV).

Naval Systems (Authorization)23

Congressional action on authorization of funding for selected naval systems is summarized in

Table A-5. Following are highlights.

22

The M88 Hercules is built from the chassis design of the M-1’s predecessor, the M60 Patton tank. It is, in essence, a

very large, heavy, and armored tow truck for tanks.

23

For congressional action on appropriations for naval systems, see “Naval Systems Appropriations.”

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Attack Submarines24

As requested, the enacted version of H.R. 4310—like the House and Senate versions of the

NDAA—authorized $3.22 billion for two Virginia-class attack submarines. But all three versions

of the NDAA also authorized $1.65 billion—about $778 million more than requested—for long

lead-time components to be used for an additional submarine to be procured in FY2014. (The

House bill would have added $778.0 million while the Senate bill and the enacted version of H.R.

4310 added $777.679 million.) The increase would allow the Navy to budget for two submarines

in FY2014—as had been assumed in DOD’s February 2011 budget projection—rather than one,

as is assumed in the budget projection published in February 2012.

Like the House and Senate bills, the final version of H.R, 4310 includes a provision (Section 122)

that would permit the use of a multi-year contract for procuring up to 10 Virginia-class attack

submarines in FY2014-FY2018, and the use of incremental funding25 in such a contract. The

Navy had requested authority for a multi-year contract to buy nine submarines during that period.

The service did not request authority to use incremental funding in the contract, but testified that

it wanted to find a way, if possible, to buy a second Virginia-class boat in FY2014 (which would

be the 10th boat in the multi-year contract), and that doing so would likely require the use of

incremental funding.

DDG-51 Aegis Destroyers26

Like the House and Senate versions of the NDAA, the enacted version of H.R. 4310 contains a

provision (Section 123) authorizing the Navy to sign a multi-year contract to buy 10 Aegis

destroyers in FY2013-FY2017. The Navy had requested authority for a multi-year contract to

procure nine of the ships in that period, but indicated in testimony that it hoped that bids

submitted for that contract might come in low enough to finance the procurement of a 10th ship.

As requested, all three versions of the NDAA would authorize $3.05 billion for two destroyers in

FY2013. The House bill would have authorized $581.3 million—$115 million more than

requested—for long lead-time components to be used for the additional (10th) ship. However the

Senate bill and the enacted version of H.R. 4310 authorized $466.3 million, as requested, for long

lead-time destroyer components.

24

For additional background, see CRS Report RL32418, Navy Virginia (SSN-774) Class Attack Submarine

Procurement: Background and Issues for Congress, by Ronald O’Rourke.

25

In general, Congress requires that DOD budgets for weapons procurement adhere to a “full funding” policy, under

which the entire procurement cost of a weapon or piece of equipment (except for certain “long lead-time” components)

is appropriated in the year in which the item is procured. Under “incremental funding,” a weapon's cost is divided into

two or more annual portions, or increments, that reflect the need to make annual progress payments to the contractor as

the weapon is built. Congress then approves each year's increment as part of its action on that year's budget. See CRS

Report RL31404, Defense Procurement: Full Funding Policy—Background, Issues, and Options for Congress, by

Ronald O’Rourke and (name redacted).

26

For additional background, see CRS Report RL32109, Navy DDG-51 and DDG-1000 Destroyer Programs:

Background and Issues for Congress, by Ronald O’Rourke.

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Ballistic Missile Submarines27

In February 2011, DOD projected a FY2013 budget request totaling $1.20 billion to continue

developing a new class of 12 missile-launching submarines, designated SSBN(X). These ships

are intended to replace the 14 Ohio-class subs built in the 1980s and 1990s, which are slated to

begin retiring in 2027. The first of the new subs was slated to begin construction in FY2019.

The Administration’s FY2013 budget request, unveiled in February 2012, would provide less than

half of the amount earlier projected for FY2013—$564.9 million—and would defer construction

of the first of the new ships until FY2021.

Table 11. FY2013 Missile Sub R&D Funding

(amounts in millions of dollars)

Projected

2/2011

Requested

2/2012

Housepassed

H.R. 4310

Senate

passed

S. 3254

Enacted

H.R. 4310

Ship design

857.495

483.095

857.495

483.095

483.095

Nuclear

reactor

design

347.095

81.817

81.817

81.817

81.817

Total

1,204.590

564.913

939.312

564.913

564.913

In its report on H.R. 4310, the House committee objected that, under the new schedule, the

number of missile subs in service would drop to 10 or 11 ships for a dozen years (2029-2041). It

added to the bill a provision (Section 121) requiring the Navy to maintain a force of at least 12

ballistic missile submarines. The House passed bill would have added $374.4 million to the

authorization requested to design the planned new sub, thus increasing that authorization to the

level that had been projected in 2011. The House bill would authorize the amount requested to

develop the new missile sub’s nuclear powerplant.

Like the Senate bill, the enacted version of H.R. 4310 authorized the amounts requested for

SSBN(X).

Aircraft and Long-Range Strike Systems (Authorization)28

Congressional action on authorization of funding for selected aircraft and long-range strike

programs is summarized in Table A-9. Following are some highlights.

Long-Range Bombers, Strike Weapons

As requested, the authorized $291.7 million to continue developing a new, long-range bomber the

Air Force wants to begin procuring in the 2020s. The House rejected by a vote of 112-308 an

27

For additional background, see CRS Report R41129, Navy Ohio Replacement (SSBN[X]) Ballistic Missile Submarine

Program: Background and Issues for Congress, by Ronald O’Rourke.

28

For congressional action on appropriations for aviation systems, see “Aircraft Appropriations.”

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amendment to its bill that would have delayed the program by 10 years and eliminated the

authorization for FY2013 funds (see H.Amdt. 1109 in Table 12).

The enacted version of H.R. 4310 incorporated a provision of the House-passed bill (Section 211)

requiring that the new bomber be equipped to carry nuclear weapons. According to the

conference report on the bill, the Senate accepted the House provision, “with the understanding

that the provision is consistent with the current Air Force plans.”

The enacted bill, like the House-passed and Senate-passed versions, also authorizes, as requested,

$110.4 million for development of a “conventional, prompt global strike” system designed to

place a precision-guided, non-nuclear warhead on a target anywhere in the world within minutes.

Like the House-passed version, the enacted version of H.R. 4310 authorized, as requested, a total

of $628.3 million to develop and install various modifications in B-52, B-1, and B-2 bombers

currently in service. The Senate-passed bill, S. 3254, also would have authorized the requested

bomber modification funds except for $15.0 million cut from the $327.4 million B-2 request on

grounds of unspecified “efficiencies.”

Carrier-Based UAVs

The enacted version of H.R. 4310, like the House-passed and Senate-passed NDAAs, authorized

a total of $264.7 million for two programs aimed at developing a long-range, stealthy drone

aircraft to fly reconnaissance and attack missions from carriers. As requested, the Senate bill and

the enacted version authorized $142.3 million for the Unmanned Combat Air Vehicle (UCAV)

project, which is intended to test the feasibility of the project, and $142.5 million for the

Unmanned Carrier-launched Airborne Surveillance and Strike (UCLASS) project, which is

intended to produce an operational weapon. The House-passed version of H.R. 4310 would have

cut $75 million from the amount requested for UCLASS and added the same amount to the

request for UCAV, requiring the Navy (in Section 212) to slow the former, more operationally

oriented program while it conducts additional research in the UCAS program.

Ballistic Missile Defense (Authorization)29

Congressional action on authorization of funding for selected missile defense programs is

summarized in Table A-1. Following are some highlights.

The enacted version of H.R. 4310 authorized $8.13 billion for programs managed by the Missile

Defense Agency (MDA), which is $394.1 million more than the Administration requested. The

bulk of the increase reflects authorization of additional funding for several Israeli defense systems

and for the Ground-based Midcourse Defense (GMD), currently deployed in Alaska and

California which is intended to protect U.S. territory against a small number of missiles launched

from North Korea.

The House-passed version of H.R. 4310 would have added to the $7.74 billion MDA request an

authorization for an additional $1.31 billion. More than half that increase ($680 million) would be

authorized (Section 227) to be spent over several years to support Israel’s purchase and operation

29

For congressional action on appropriations for missile defense systems, see “Missile Defense Appropriations.”

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of “Iron Dome” system, designed to intercept short-range rockets and artillery shells. Another

major component of the House bill’s increase was a proposed addition of more than 50% ($460

million) to the $903.2 million requested for GMD, of which $103.0 million was to be spent

adding to the current missile defense sites in Alaska and California a third site, located on the East

Coast.

The Senate-passed version of the NDAA would have added $410 million to the MDA request,

including no additional funds for GMD and $210.0 million for Iron Dome in FY2013.

The final bill added to the request authorizations of $211.0 million for Iron Dome, $168.0 million

for other Israeli missile defense programs, and $75.0 million for GMD.

Ground-based Midcourse Defense (GMD) Enhancement

The House-passed version of the NDAA would have required DOD to begin developing a plan

and a supporting environmental impact statement for putting into service by the end of 2015 an

anti-missile interceptor site on the East Coast. The plan was supposed to evaluate the

effectiveness from the proposed new site of various interceptor missiles including the three-stage

weapon currently deployed at the existing GMD sites in Alaska and California, a two-stage

version of the GMD missile, and several versions of the Navy’s SM-3 Standard missile.

The enacted version of H.R. 4310 includes a provision that is generally similar, but drops the

2015 deadline. Section 224 of the bill requires that DOD evaluate, and prepare an environmental

impact statement on three potential locations for a third GMD site, at least two of which are on

the East Coast. The provision also requires DOD to submit with its FY2014 budget request a

contingency plan for deploying GMD at one of the three sites evaluated.

The final version of the bill dropped a House provision that would have required GMD to be

tested against a target ICBM during 2013. Currently, such a test is scheduled for late 2015.

However, the enacted bill included a provision (Section 231) requiring DOD to report to

Congress on the feasibility and cost-effectiveness of (1) testing the defense against an ICBM

sooner than currently planned and (2) conducting GMD flight tests at the rate of at least three

every two years.

MEADS (Medium Extended Air Defense System) Authorization

Neither the House-passed, Senate-passed nor final versions of the bill authorized any of the

$400.9 million requested to continue development of the Medium Extended Air Defense System

(MEADS), a program jointly funded by the United States, Germany, and Italy to develop a

mobile air and missile defense system for combat units in the field. The system would incorporate

the Patriot PAC-3 missile. Plans to procure MEADS as an operational system have been shelved,

but the three partner countries plan to continue the development program in hopes of harvesting

technologies that could be incorporated into other systems. Under the tri-national agreement

governing the program, the United States could incur significant costs if the program were

terminated.

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In addition, Section 221 of the enacted version of H.R. 4310 included a provision, which had

been included in both the House and Senate versions of the bill, barring DOD from obligating or

expending funds for MEADS.30

Commercial Satellite Export Rules

The enacted version of H.R. 4310 contains a provision that would give the President more

flexibility than current law in deciding how to regulate the export of communications satellites

pursuant to the Arms Export Control Act.31 Section 1261 of the FY2013 NDAA repeals a

provision of the FY1999 NDAA that had put “satellites and related items” on the U.S. Munitions

List (administered by the State Department) and thus prohibited their export to countries toward

which the United States maintains an arms embargo. By repealing that provision of the earlier

bill, H.R. 4310 gives the President discretion to designate satellites and related items, as “dual

use” items—i.e., equipment that could be used either for civilian or military purposes—which are

listed on the Commerce Control List and subject to less restrictive export controls administered

by the Commerce Department. The new law would retain the prohibition on satellite sales to or

launches by China, North Korea, and countries designated as state sponsors of terrorism (Cuba,

Iran, Sudan, Syria). Under the new law, a license application to export satellites and related items

to a country in which the United States maintains a comprehensive arms embargo will face a

presumption of denial, although not an outright prohibition.32

Provisions Relating to Wartime Detainees

The House-passed and Senate-passed versions of the FY2013 NDAA each contained provisions

relating to persons captured in the course of hostilities against Al Qaeda and associated forces,

including those detained at the U.S. Naval Station at Guantanamo Bay, Cuba. Several of the

provisions in the House bill aimed to extend the effect or clarify the scope of detainee provisions

contained in the FY2012 NDAA while other provisions would have established new restrictions

on the transfer or release of detainees held by the United States in Afghanistan. The Senate bill

included provisions extending certain expiring restrictions on the handling of detainees that had

been enacted as part of the FY2012 bill.

Detainee Issues

For background and additional analysis of provisions of H.R. 4310 relating to detainees, see CRS Report R42143, The

National Defense Authorization Act for FY2012 and FY2013: Detainee Matters, by (name redacted) and (name redacte

d).

Following are summaries of selected detainee-related provisions of H.R. 4310, as enacted>

30

This provision was flatly contradicted by a provision of the subsequently enacted FY2013 Consolidated and FullYear Continuing Resolution. See below, “Missile Defense Appropriations” p. 62.

31

The Arms Export Control Act of 1976 (Title II of P.L. 94-329) is codified in 22 U.S.C. Ch. 39.

For additional information, see CRS Report R41916, The U.S. Export Control System and the President’s Reform

Initiative, by (name redacted) and (name redacted).

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Military Trials for Foreign Terrorist Suspects

The enacted version of the bill did not include a provision, adopted during House consideration of

H.R. 4310, that would have required that a foreign national who (1) "engages or has engaged in

conduct constituting an offense relating to a terrorist attack" on a U.S. target, and who (2) is

subject to trial for the offense before a military commission, must be charged before a military

commission rather than in federal court.

Detainee Held at Guantanamo

Many provisions in the 2012 NDAA affecting detainees at Guantanamo were scheduled to expire

at the end of the fiscal year (though similar restrictions concerning the transfer of Guantanamo

detainees are found in appropriations enactments in effect beyond that date). The enacted version

of H.R. 4310 effectively extended several of these provisions through FY2013, including:

•

a blanket funding bar on the transfer of Guantanamo detainees into the country

(Section 1027);

•

a prohibition on using funds to construct or modify facilities to house these

detainees in the United States (Section 1022); and

•

restrictions on the transfer of Guantanamo detainees to foreign countries

(Section 1028).

A provision from the House bill (Section 1035) that was not retained would have barred any

Guantanamo detainee who is "repatriated" to the former U.S. territories of Palau, Micronesia, or

the Marshall Islands from traveling to the United States.

Detainees Held Elsewhere Abroad

The enacted version of H.R. 4310 establishes would new certification and congressional

notification requirements relating to the transfer or release of non-U.S. or non-Afghan nationals

held at the detention facility in Parwan, Afghanistan (Section 1025). It requires a report to be filed

within 120 days describing the "estimated recidivism rates and the factors that appear to

contribute to the recidivism of individuals formerly detained at the Detention Facility at Parwan,

Afghanistan, who were transferred or released, including the estimated total number of

individuals who have been recaptured on one or more occasion" (Section 1026).

The enacted version of the bill also requires the Secretary of Defense to submit a report regarding

the use of naval vessels to detain persons pursuant to the Congressionally passed Authorization of

the Use of Military Force (AUMF), and to notify Congress whenever such detention occurs

(Section 1024). In 2011, a Somali national reportedly was detained on a U.S. vessel for two

months and interrogated by military and intelligence personnel before being brought into the

United States to face criminal trial.33

33

http://www.washingtonpost.com/national/national-security/in-somali-terror-suspects-case-administration-blendsmilitary-civilian-systems/2011/07/06/gIQAQ4AJ1H_story.html

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Defense: FY2013 Authorization and Appropriations

Detention of Persons in the United States:

Although the President has stated that the Administration would not indefinitely detain Americans

in the United States pursuant to the detention authorization in the FY2012 NDAA, that provision

has been controversial.

A provision of the Senate-passed FY2013 NDAA—which was not retained in the enacted version

of the bill—would have stipulated that authorizations to use force are not to be construed to

permit detention of U.S. citizens or lawful permanent residents in the United States unless

Congress passes a law expressly authorizing such detention. An amendment to remove military

detention as an optional "disposition under the law of war" for persons in the United States was

proposed during the House debate on H.R. 4310 but was not adopted.

Instead, the enacted version of H.R. 4310 includes (Section 1029) a modified version of a

provision in the House-passed bill providing that nothing in the AUMF or in the 2012 NDAA is

to be construed as denying "the availability of the writ of habeas corpus" or denying "any

Constitutional rights in a court ordained or established by or under Article III of the Constitution"

with respect to persons who are inside the United States who would be "entitled to the availability

of such writ or to such rights in the absence of such laws."

The original provision from the House-passed bill, as amended on the floor,172 would have

covered only persons who are lawfully present in the United States when detained pursuant to the

AUMF. Under the floor amendment, the provision would also have required the President to

notify Congress within 48 hours of the detention of such a person, and established a requirement

that such persons be permitted to file for habeas corpus "not later than 30 days after the person is

placed in military custody."

The bill does not contain substantive clarification of which U.S. persons are lawfully subject to

detention under the AUMF. Sections from the House bill setting forth congressional findings with

respect to detention authority under the AUMF and 2012 NDAA and with respect to habeas

corpus were omitted from the final version. Consequently, ambiguity with respect to who can be

lawfully detained in the United States appears to have been preserved, but the enacted version of

the bill provides reassurance that access to a court to petition for habeas corpus will remain

available to those who are detained in the United States pursuant to the AUMF.

Smith-Mundt Act34

Section 1078 of the enacted version of the authorization bill incorporates a modified version of a

provision in the House-passed bill (Section 1097) amending and restating Section 501 of the

United States Information and Educational Exchange Act of 1948 (“Smith-Mundt Act”; P.L. 80402, 22 U.S.C. §1461) as well as Section 208 of the Foreign Relations Authorization Act, Fiscal

Years 1986 and 1987 (P.L. 99-93; 22 U.S.C. §1461-1a). Prior to enactment of H.R. 4310, those

two provisions of law authorized the Secretary of State to conduct public diplomacy programs

that provide information about the United States, its people, and its culture to foreign publics, but

prohibited the dissemination of that information within the United States until 12 years after the

initial dissemination or preparation for dissemination of such information. Before 12 years have

34

This section was prepared by (name redacted), Analyst in Foreign Policy Legislation.

Congressional Research Service

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Defense: FY2013 Authorization and Appropriations

elapsed, Members of Congress, media organizations, and research students and scholars were

allowed to examine such information, however media organizations and researchers were

permitted to do so only at the Department of State. In addition, the two provisions prohibited the

use of funds authorized and appropriated for State Department public diplomacy programs to

influence public opinion in the United States.

The amendments incorporated in Section 1028 of the enacted bill removed the prohibition on

domestic dissemination of public diplomacy information produced by the Department of State

and the Broadcasting Board of Governors (BBG) intended for foreign audiences, while

maintaining the prohibition on using public diplomacy funds to influence U.S. public opinion.35

Proponents of these changes argued that the ban on domestic dissemination of public diplomacy

information was impractical given the global reach of modern communications, especially the

Internet, and that it unnecessarily prevented valid U.S. government communications with foreign

publics due to U.S. officials’ fear of violating the ban. They asserted as well that lifting the ban

would promote the transparency in the United States of U.S. public diplomacy and international

broadcasting activities conducted abroad. Critics of lifting the ban stated that it might open the

door to more aggressive U.S. government activities to persuade U.S. citizens to support

government policies, and might also divert the focus of State Department and the BBG

communications from foreign publics, thus reducing their effectiveness.36

House Floor Amendments

Following are selected amendments on which the House took action during consideration of

H.R. 4310.

Table 12. Selected House Floor Amendments to FY2013 National Defense

Authorization Act (H.R. 4310)

Principal

Sponsor

House

Amdt.

Number

Summary

Disposition

in

Conf. Rept.

Disposition

in House

Pakistan

Rohrabacher

H.Amdt.

1102

Prohibit funding for assistance to Pakistan in

FY2013

Rejected

84-335

n/a

Connolly

H.Amdt.

1104

Withhold Coalition Support Funds from Pakistan

until it allows transit of U.S. and NATO supplies in

and out of Afghanistan

Agreed to

412-1

modified

Section 1227

35

Other provisions in law would continue to prohibit the use of federal funds for “publicity and propaganda” within the

United States, including Section 1031(a)(1) of the National Defense Authorization Act for Fiscal Year 2010 (Division

A of P.L. 111-84, 10 U.S.C. §2241a) placing this restriction on the Department of Defense, and government-wide

restrictions placed in annual appropriations acts. For a review of U.S. law regulating federal communications in the

United States, see CRS Report R42406, Congressional Oversight of Agency Public Communications: Implications of

Agency New Media Use, by (name redacted), and CRS Report RL32750,Public Relations and Propaganda:

Restrictions on Executive Agency Activities, by (name redacted).

36

For further discussion of the Smith-Mundt Act’s domestic dissemination ban, see CRS Report R40989, U.S. Public

Diplomacy: Background and Current Issues, by (name redacted) and (name redacted).

Congressional Research Service

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Defense: FY2013 Authorization and Appropriations

House

Amdt.

Number

Summary

Cicilline

H.Amdt.

1139

(en bloc

5)

Condition availability of Pakistan

Counterinsurgency Fund on certification that

Pakistan is making significant efforts to counter the

use of IEDs.

Agreed to

voice vote

modified

Section 1228

Flake

H.Amdt.

1143

Withhold 90% of Pakistan Counterinsurgency

Fund until 30 days after Secretaries of State and

Defense update report to Congress on the strategy

for using those funds.

Agreed to

voice vote

modified

Section 1228

Principal

Sponsor

Disposition

in

Conf. Rept.

Disposition

in House

Afghanistan

Lee

H.Amdt.

1103

Provide that funds authorized for operations in

Afghanistan be used only for the safe and orderly

withdrawal of U.S. forces and contractors.

Rejected

113-303

n/a

DeLauro

H.Amdt.

1111

Prohibit purchase for Afghan security forces of

helicopters from any company controlled by a

government that has supplied weapons to Syria or to

a state sponsor of terrorism

Agreed to

voice vote

modified

Section 1277

Condition availability of Afghan Security Forces

Fund on certification that Afghanistan is “taking

demonstrable steps” to recruit adequate number of

personnel for Afghan Public Protection Force.

Agreed to

voice vote

modified

Section 1531

(en bloc

2)

Cicilline

H.Amdt.

1139

(en bloc

5)

Iran

Lee

H.Amdt.

1130

Create the position of Special Envoy for Iran to

ensure that all diplomatic avenues are pursued to

avoid a war with Iran and to prevent Iran from

developing nuclear weapons.

Rejected

77-344

n/a

Conyers

H.Amdt.

1137

(en bloc

4)

Stipulate that nothing in this bill shall be construed as

authorizing the use of military force against Iran.

Agreed to

voice vote

accepted

Section 1234

Detainee Issues

Rooney

H.Amdt.

1105

Direct DOD to try detainees in military tribunals

rather than civil courts.

Agreed to

249-171

dropped

Gohmert

H.Amdt.

1126

Stipulate that neither the 2001 Authorization of

Military Force against Iraq nor the FY2012 National

Defense Authorization Act deny any constitutional

right, including habeas corpus, to anyone entitled

to such rights.

Agreed to

243-173

modified

Section 1029

Smith

H.Amdt.

1127

Amend the FY2012 National Defense Authorization

Act to eliminate “indefinite detention” of anyone

detainees by providing for immediate transfer to trial

in a federal or state court.

Rejected

182-238

n/a

Strategic Weapons and Arms Control Agreements

Markey

H.Amdt.

1109

Delay development of long-range, nuclear-armed

bomber for 10 years and reduce the bill by $291.7

million, the amount it would authorize for that program,

as requested

Congressional Research Service

Rejected

112-308

n/a

31

Defense: FY2013 Authorization and Appropriations

Principal

Sponsor

House

Amdt.

Number

Summary

Disposition

in House

Disposition

in

Conf. Rept.

Price

H.Amdt.

1122

Prohibit the President from making unilateral

reductions to U.S. nuclear forces.

Agreed to

241-179

modified

Section 1038

Johnson

H.Amdt.

1121

Require the Secretary of Defense and Chairman of the

Joint Chiefs of Staff to report to Congress whether the

nuclear arms reductions required by the so-called “new

START” treaty are in the national security interests of

the United States.

Rejected

175-245

n/a

Rehberg

H.Amdt.

1140

Prohibit elimination of any one of the three legs of the

U.S. strategic nuclear “triad” (land-based ICBMs, sublaunched missiles, and bombers) and prohibit reductions

to the U.S. strategic nuclear force pursuant to the “new

START” treaty unless the Secretary of Defense certifies

that (1) Russia is required by the treaty to make

commensurate reductions; and (2) Russia is not

acquiring nuclear-armed systems not covered by the

treaty that could reach U.S. territory.

Agreed to

238-162

modified

Section 1042

Johnson

H.Amdt.

1120

State as a “finding” of Congress that the deployment of

tactical nuclear weapons to South Korea would be

politically destabilizing and not in the U.S. national

interest.

Rejected

160-261

n/a

Lamborn

H.Amdt.

1131

Bar the expenditure of any funds for Russia under the

Cooperative Threat Reduction (CTR) program,—

which is intended to dismantle weapons of mass

destruction in the former Soviet—unless the Secretary

of Defense certifies that Russia no longer is supporting

the Syrian regime and is not assisting Syria, North Korea,

or Iran in developing weapons of mass destruction. The

Secretary could waive the prohibition on grounds of

national security.

Agreed to

voice vote

modified

Section 1295

Franks

H.Amdt.

1135

Bar the expenditure of any funds for Russia for the

purpose of nuclear nonproliferation unless the

Secretary of Energy certifies that Russia no longer is

supporting the Syrian regime and is not assisting Syria,

North Korea, or Iran in developing weapons of mass

destruction. The Secretary could waive the prohibition

on grounds of national security.

Agreed to

241-181

dropped

Polis

H.Amdt.

1110

Reduce by $403 million the amount authorized for the

Ground-based Mid-course Missile Defense (GMD)

system.

Rejected

165-252

n/a

Duncan

H.Amdt.

1128

Bar the use of any funds authorized by the bill for any

organization established by the United Nations in

connection with the Law of the Sea (LOS) Treaty.

Agreed to

229-193

dropped

Rejected

170-252

n/a

Budget and Budget Process

Lee

H.Amdt.

1125

Direct the President to reduce the amount

authorized by this bill to be appropriated by a total of

$8.231 billion.

Congressional Research Service

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Defense: FY2013 Authorization and Appropriations

Principal

Sponsor

House

Amdt.

Number

Summary

Disposition

in House

Disposition

in

Conf. Rept.

Rigell

H.Amdt.

1123

Replace the discretionary spending caps for FY2013 with

caps equivalent to those set by the House-passed

Budget Resolution (H.Con.Res. 112), contingent on

the enactment of spending reductions over five years at

least as large as the reductions that would have resulted

from sequestration.

Agreed to

220-201

dropped

Flake

H.Amdt.

1111

(en bloc 2)

Provide that funds authorized for appropriation to pay

for Overseas Contingency Operations (OCO) can

be spent only on items and activities requested by the

President in the OCO portion of the FY2013 budget

request.

Agreed to

voice vote

dropped

Other Subjects

McCollum

H.Amdt.

1138

(en bloc 4)

Spend no more than $200.0 million on military bands.

Agreed to

voice vote

dropped

Duncan

H.Amdt.

1137

(en bloc 3)

Prohibit the use of funds for joint military exercises

with Egypt if that country withdraws from its 1970

peace treaty with Israel.

Agreed to

voice vote

dropped

Thornberry

H.Amdt.

1137

(en bloc 4)

Amend the Smith-Mundt Act to repeal the bar on

domestic dissemination of public diplomacy material

produced for dissemination to foreign audiences.

Agreed to

voice vote

modified

Sec. 1078

Price

H.Amdt.

1142

Require the Department of Justice to investigate possible

violations of law regarding leaks of sensitive

information about U.S. and Israeli military and

intelligence capabilities.

Agreed to

379-38

modified

Section 1080

Smith

H.Amdt.

1100

(en bloc 1)

Remove commercial satellites from the Munitions

Control List.

Agreed to

voice vote

modified

Sections 12611067

Smith

H.Amdt.

1119

(en bloc 3)

Establish a Sexual Assault Oversight Council to

provide independent oversight of DOD efforts to

prevent and prosecute sexual assault in the armed

forces.

Agreed to

voice vote

dropped

Bartlett

H.Amdt.

1106

Prohibit federal agencies from requiring contractor to

sign a Project Labor Agreement as a condition of

winning a federal construction project.

Agreed to

211-209

dropped

Coffman

H.Amdt.

1112

Repeal the current moratorium on A-76 “contracting

out” competitions.

Rejected

209-211

n/a

Wittman

H.Amdt.

1116

Require that a uniformed military chain of command,

headed by a commissioned military officer, control the

Army National Military Cemeteries.

Agreed to

voice vote

dropped

Notes: “House Amendment Number” is the number assigned to an amendment by the House Clerk, by which

amendments can be traced through CRS’s Legislative Information System (LIS). It is not the same as the number

assigned to the amendment by the House Rules Committee in H.Rept. 112-485, its report on the rule that

governed debate on amendments to H.R. 4310 (H.Res. 661).

During floor action on the bill, dozens of amendments were aggregated into several en bloc amendments, each of

which was agreed to by voice vote. Individual amendments in this table that were agreed to as a component of

one of those en bloc amendments are so identified.

Congressional Research Service

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Defense: FY2013 Authorization and Appropriations

Senate Floor Amendments

Following are selected amendments on which the House took action during consideration of

S. 3254.

Table 13. Selected Senate Floor Amendments to FY2013 National Defense

Authorization Act (S. 3254)

Principal

Sponsor

Senate

Amdt.

Number

Summary

Disposition

in House

Disposition

in

Conf. Rept.

Afghanistan

Sessions

S.Amdt.

3009

Require 30 days prior notice to Congress before

making any binding security agreement with

Afghanistan

Agreed to

voice vote

modified

Sec. 1225

Feinstein

S.Amdt.

3018

Stipulate that neither the 2001 Authorization of

Military Force against Iraq nor any similar authorizes

the indefinite detention without trial of any U.S.

citizen or lawful permanent resident

Agreed to

67-29

modified

Sec. 1029

Collins

S.Amdt.

3042

Require a report by DOD on “insider attacks”

against U.S. and coalition forces in Afghanistan

Agreed to

voice vote

modified

Sec. 1212

Merkley

S.Amdt.

3096

Express the sense of Congress in support of an

accelerated transition of responsibility for

combat and security in Afghanistan from U.S. to

Afghan government forces.

Agreed to

62-33

accepted

Sec. 1226

Casey

S.Amdt.

3193

Require DOD to develop a plan to promote the

security of Afghan women after Afghan forces

assume responsibility for security in that country

Agreed to

unanimous

consent

modified

Sec. 1223

McCain

S.Amdt.

3261

Require the chairman of the Joint Chiefs of Staff to

report to Congress an assessment of the risks

associated with any future change in the number of

U.S. troops in Afghanistan

Agreed to

unanimous

consent

modified

Sec. 1213

Sexual Assault and Harassment

Boxer

S.Amdt.

2981

Prohibit commissioning or enlistment in the

armed forces of anyone convicted of a felony sexual

offense

Agreed to

unanimous

consent

accepted

Sec. 523

Gillibrand

S.Amdt.

3016

Require that any service member convicted by

court-martial of sexual assault or rape be

discharged

Agreed to

voice vote

accepted

Sec. 572

Klobuchar

S.Amdt.

3102

Require the retention of certain reports filed in

cases of sexual assault involving members of the

military

Agreed to

unanimous

consent

modified

Sec. 577

Klobuchar

S.Amdt.

3234

Add to the amount of information contained in

an annual DOD report regarding sexual assaults

involving members of the military

Agreed to

unanimous

consent

accepted

Sec. 575

Klobuchar

S.Amdt.

3105

Require DOD to develop a comprehensive

program for prevention of and response to sexual

harassment

Agreed to

unanimous

consent

modified

Sec. 545

Congressional Research Service

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Defense: FY2013 Authorization and Appropriations

Principal

Sponsor

Senate

Amdt.

Number

Summary

Disposition

in House

Disposition

in

Conf. Rept.

Embassy Security

McCain

S.Amdt.

3051

Increase the number of Marines assigned to

provide security at U.S. embassies by up to 1,000

personnel

Agreed to

voice vote

modified

Sec. 404

Portman

S.Amdt.

3142

Require a DOD report on the department’s role

in providing security to U.S. diplomatic missions

Agreed to

unanimous

consent

dropped

Alternative Fuel Development

M. Udall

S.Amdt.

2985

Strike from the bill Section 313 which would

prohibit the purchase of alternative fuels most

costly than traditional fuels.

Agreed to

62-37

n/a

Hagan

S.Amdt.

3095.

Strike from the bill Section 2823 which would

prohibit DOD from planning, designing or

constructing a biofuels refinery

Agreed to

54-41

n/a

Other

Murray

S.Amdt.

3099

Require the establishment of comprehensive,

standardized suicide-prevention programs across

ass DOD components

Agreed to

voice vote

modified

Sec. 582

Menendez

S.Amdt.

3232

Expand the range of U.S. sanctions against foreign

firms that assist certain segments of the Iranian

economy

Agreed to

94-0

modified

Secs. 12411275

Cardin

S.Amdt.

3025

Strike from the bill Section 341 which would

require reductions in the number of DOD civilian

employees (including contractors) that would

reduce future budgets by the same amount as

planned reductions in the number of military

personnel

Rejected

41-53

n/a

McCain

S.Amdt.

3054

Require the Secretary of the Navy to inform

Congress 30 days prior to announcing the name of

a new Navy ship

Agreed to

voice vote

accepted

Sec. 1018

Gilliland

S.Amdt.

3058

Provide that certain treatments for autism

would be covered by the TRICARE health care

program and transferring $45 million from other

accounts into the TRICARE account for that

purpose

Agreed to

66-29

modified

Sec. 705

Rubio

S.Amdt.

3175

Express the sense of Congress in opposition to the

planned retirement of Navy cruisers and

amphibious landing ships earlier than had been

scheduled

Agreed to

unanimous

consent

modified

Sec. 354

Sanders

S.Amdt.

3183

Make available to the public online data concerning

DOD officials who are seeking jobs with

defense contractors

Agreed to

voice vote

dropped

Coburn

S.Amdt.

3237

Create a civilian Chief Management Office for DOD

if the department does not obtain an unqualified

audit of its financial statements for FY2017

Agreed to

unanimous

consent

modified

Sec. 1007

Ayotte

S.Amdt.

3245

Prohibit the transfer or release of detainees held

at Guantanamo Bay, Cuba

Agreed to

54-41

modified

Sec. 1027

Congressional Research Service

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Defense: FY2013 Authorization and Appropriations

Principal

Sponsor

Senate

Amdt.

Number

Summary

Disposition

in House

Disposition

in

Conf. Rept.

Cornyn

S.Amdt.

3260

Prohibit dealing with Rosboronexport (the

Russian government’s arms export organization),

with the proviso that the ban can be waived on

national security grounds

Agreed to

unanimous

consent

modified

Sec. 1277

Levin

S.Amdt.

3280

Require defense contractors dealing with classified

information to report to DOD when their

information networks are penetrated

Agreed to

Unanimous

consent

modified

Sec. 941

Note: “Senate Amendment Number” is the number assigned to an amendment by the Senate Clerk, by which

amendments can be traced through CRS’s Legislative Information System (LIS).

FY2013 DOD Appropriations Bill

DOD Appropriations Overview

The FY2013 DOD appropriations bill reported by the House Appropriations Committee May 25,

2012 (H.R. 5856), would provide a total of $599.89 billion for DOD activities other than military

construction,37 $3.09 billion more than the President requested. Amendments to the bill, adopted

by the House on July 18-19, 2012, reduced the appropriation to $597.71 billion.

In exceeding the President’s budget request—and in many of its details—the House-passed

version of the DOD appropriations bill parallels H.R. 4310, the House-passed version of the

companion FY2013 National Defense Authorization Act (NDAA). By the same token, the Housepassed appropriation is consistent with the defense funding cap set by H.Con.Res. 112, the

FY2013 budget resolution adopted by the House on March 29, 2012. Thus, it exceeds defense

spending cap set by the Budget Control Act of August 2011. On those grounds, the

Administration warned that the President’s senior advisors would recommend that he veto the

house-passed bill in its current form.38

The version of H.R. 5856 reported by the Senate Appropriations Committee on August 2, 2012,

would provide $596.64 billion—$155.0 million less than the Administration’s request and $1.06

billion less than the House-passed version (Table 14).

37

DOD’s budget for the construction of facilities and the construction and operation of military family housing is

funded by H.R. 5854. the FY2013 Military Construction, Veterans Affairs and Related Agencies appropriations bill.

See CRS Report R42586, Military Construction, Veterans Affairs, and Related Agencies: FY2013 Appropriations, by

(name redacted), (name redacted), and (name redacted)nangala.

38

OMB, Statement of Administration Policy on H.R. 5856, June 28, 2012.

Congressional Research Service

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Defense: FY2013 Authorization and Appropriations

Table 14. FY2013 DOD Appropriations Act (H.R. 5856)

(budget authority in thousands of dollars)

FY2013

Enacted

DOD

Approp.

(H.R. 933,

Div. C)

FY2012

Approp.

(P.L. 112-74)

FY2013

Admin.

Request

FY2013

HousePassed

(H.R. 5856)

FY2013

Senate

Committeereported

(H.R. 5856)

Military Personnel

131,090,539

128,430,025

128,462,794

127,502,463

127,533,073

Operation and

Maintenance

163,073,141

174,938,933

175,103,369

170,785,490

173,494,558

Procurement

104,579,701

97,194,677a

102,512,191

97,635,496

100,350,714

Research, Development,

Test & Evaluation

72,420,675

69,407,767

69,984,145

69,091,078

69,928,477

Revolving and Management

Funds

2,675,529

2,124,320

2,080,820

2,214,024

2,214,024

Defense Health Program

and other DOD Programs

35,593,020

35,430,579

35,905,118

35,013,758

35,526,674

Related Agencies

1,061,591

1,054,252

1,025,476

1,056,346

1,048,421

General Provisions (net)b

-2,597,704

8,000

-4,470,321

319,345

507,935

Subtotal: Base Budget

507,896,492

508,588,553

510,603,592

503,618,000

510,603,876

Base Budget Scorekeeping

Adjustments

+10,764,000

+8,057,000

+8,057,000

+8,057,000

+8,057,000

Subtotal: Overseas

Contingency

Operations (OCO)

114,965,635

88,210,745

87,105,081

93,026,000

86,954,838

+117,000

+271,000

+271,000

+271,000

+217,000

Pre-rescission total

DOD Appropriations in

H.R. 933, Div. C

622,862,127

596,799,298

597,708,673

596,644,000

597,558,714

Rescission mandated by

Section 3001 of H.R. 933)

n/a

n/a

n/a

n/a

-472,000

Grand Total provided

by H.R. 933, Div. C

n/a

n/a

n/a

n/a

597,086,714

633,743,127

605,127,298

606,036,673

604,972,000

605,832,714

OCO Scorekeeping

Adjustments

Scorekeeping Adjusted

Totalc

Source: House Appropriations Committee, H.Rept. 112-493, Report on H.R. 5856, Department of Defense

Appropriations Bill, FY2013, pp. 329-342; Senate Appropriations Committee, S.Rept. 112-196, Report on H.R.

5856, Department of Defense Appropriations Bill, FY2013, pp. 283-291.

a.

In addition to these funds requested for appropriation to be spent in FY2013, the Administration requested

an additional $4.43 billion in so-called “advance appropriations”—funds to be spent in FY2014-FY2017. The

Appropriations and Armed Services Committees of both the House and the Senate rejected the proposal

for “advance appropriations,” accordingly those funds are not included in the tables in this report.

b.

The bulk of General Provision funding changes result from provisions that would use previously

appropriated but unobligated funds for DOD’s FY2013 program, thus reducing the amount of new budget

authority required. For that purpose, H.R. 5856 would withdraw $2.46 billion from the Army Working

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Defense: FY2013 Authorization and Appropriations

Capital Fund and would rescind a total of $1.60 billion appropriated in base budget and OCO accounts for

prior years.

c.

The bulk of the scorekeeping adjustments are accounted for by the amounts appropriated each year by

permanent law (rather than through annual appropriations bills) for the accrual contributions to the fund

from which Medicare-eligible military retirees are covered under the “TRICARE-for-Life” program. The

TRICARE-for-Life contributions for FY2013, which are derived from actuarial calculations, are $8.03 billion

in the base budget and $271 million in the OCO account.

Proposed Administration Savings and Congressional Response

The House-passed and Senate committee-reported versions of H.R. 5856 would each add billions

of dollars to the Administration’s budget request—$5.5 billion in the case of the House bill—

reversing some of the Administration’s DOD budget reduction initiatives, summarized in Table

15.

In each version of the bill, that gross increase, along with other congressional initiatives

summarized in Table 16, is partly offset by funding reductions summarized in Table 17.

Table 15. Administration Budget Reduction Initiatives and Congressional Reversals

Administration

Proposal

House-passed

H.R. 5856

Disband 7 Air Force and

Air National Guard

squadrons; Retire 303

aircraft.

Prohibits retirement or

transfer to another unit of

any aircraft; Adds a total of

$699.2 million to budget

request for Air Force, Air

Force Reserve and Air

National Guard to continue

operating the seven

squadrons the

Administration would

eliminate and fund the

associated 6,560 personnel

slots.

Cancel planned

procurements of Global

Hawk Block 30

surveillance drones and

C-27 small cargo planes.

Retire those Block 30s

and C-27s already

purchased

Adds $278.0 million to

continue procuring and

operating Global Hawk

Block 30s and $140.0

million to continue

operating C-27s.

Congressional Research Service

Senate

Committeereported

H.R. 5856

Report directs DOD not to

make the proposed

changes until Congress

receives recommendations

of a Commission that

would be established by the

Senate version of the

defense authorization bill (S

3254); Adds to the budget

request $455.8 million to

continue operation of the

units in question and fund

9,460 personnel slots for

those units.

Adds $357.5 million to

continue operating Global

Hawk Block 30s, C-27s and

A-10s which the

Administration would

retire and orders the Air

Force to spend an

additional $133.0 million

for Global Hawk

operations; Also requires

DOD to spend funds

previously appropriated for

Global Hawks and C-27s.

Conference

Report

H.R. 933

Prohibits retirement of

aircraft or disbanding of the

seven squadrons proposed

by Administration (Sec.

8115); Adds to the budget

request $557.2 million to

continue operating those

squadrons and fund 6,994

personnel slots for those

units.

Adds $341.3 million to

continue procuring and

operating Global Hawk

Block 30s, C-27s and A-10s

and orders the the Air

Force to spend an

additional $133.0 million

for Global Hawk

operations.

Also requires DOD to

spend funds appropriated in

prior years for Global

Hawks and C-27s (Sec.

8118).

38

Defense: FY2013 Authorization and Appropriations

Administration

Proposal

House-passed

H.R. 5856

Senate

Committeereported

H.R. 5856

Retire four Aegis

cruisers in FY2013 and

three additional cruisers

and two amphibious

landing ships in FY2014.

Adds $602.3 million to

keep in service (and

modernize as earlier

planned) three of the four

ships. Allows retirement of

the Port Royal, severely

damaged in a 2009

grounding.

Adds $2.38 billion to man,

equip, modernize (as

previously planned) and

operate thru FY2014 all

seven cruisers and both

amphibious ships the

Administration would

retire.

Incorporates Senate

provision (as Sec. 8105).

Reduce TRICARE

budget request by $1.8

billion in anticipation of

proposed increases to

various TRICARE fees

and pharmacy co-pays.

Adds no funds to the

TRICARE request, but

committee says it will

“continue to evaluate” the

proposed changes pending

action on the defense

authorization bill.

Adds to the TRICARE

request $273.0 million to

replace increased fees

assumed in the budget, but

not authorized by

Congress.

Incorporates Senate

funding changes.

In addition, the House bill

cuts $400.0 million from

the $16.15 billion TRICARE

request on grounds that,

historically, the program

has spent less than was

appropriated (see also

Table 17).

Conference

Report

H.R. 933

In addition, cuts $807.4

million from TRICARE

request on grounds of

“historic

underexecution”—i.e., the

program typically has spent

less than was appropriated

(see also Table 17).

Slow design of new

ballistic missile

submarine, reducing

FY2013 funding by more

than half ($640 million)

from earlier projection.

n/c

n/c

n/c

Budget for one Virginiaclass sub and one Aegis

destroyer in FY2014

instead of two of each

type (as had been

planned).

Adds $723.0 million to

submarine account to allow

the purchase of two subs in

FY2014, and $1.00 billion

to allow the purchase of

three destroyers rather

than two (as requested) in

FY2013.

Adds $777.7 million to

submarine account to allow

the purchase of two subs in

FY2014, and $1.00 billion

to allow the purchase of

three destroyers rather

than two (as requested) in

FY2013.

Incorporates Senate

funding changes.

Efficiencies

Adds a total of $2.11 billion

to offset Administration

“efficiencies” which the

House committee deemed

unrealistic and likely to lead

to deferred maintenance of

facilities.

n/c

Adds a total of $575.2

million to offset

Administration

“efficiencies” which the

House committee deemed

unrealistic and likely to lead

to deferred maintenance of

facilities.

Sources: H.Rept. 112-493, House Committee on Appropriations, Subcommittee on Defense, Department of

Defense Appropriations Act, 2013, report to accompany H.R. 5856; S.Rept. 112-196, Senate Committee on

Appropriations, report to accompany H.R. 5856; Congressional Record, March 11, 2013, Explanatory Statement

on H.R. 933, Division C, pp. S1316-S1546.

Note: The notation n/c (no change) signifies that no provision of the bill would block or alter the proposed

policy.

Congressional Research Service

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Defense: FY2013 Authorization and Appropriations

Congressional Initiatives

As reported by the House Appropriations Committee, H.R. 5856 also would add to the budget

request upwards of $6.0 billion for certain programs for which Congress typically increases

funding above the proposed level.

Table 16. Selected Congressional Actions

Senate

Committeereported

H.R. 5856

Administration

proposal

House-passed

H.R. 5856

Requests $903.0 million

to continue upgrading

the Ground-Based

Midcourse Defense

(GMD) anti-missile

system deployed in

Alaska and California.

Adds $75.0 million but

does not order

development of a third

missile defense site to be

located on the East Coast

(as does the House-passed

NDAA).

n/c

Requests $100.0 million

to continue

development of three

Israeli missile defense

systems.

Adds $168.0 million for the

three Israeli systems and an

additional $680.0 million

for the Israeli “Iron Dome”

system designed to

intercept short-range

rockets and artillery shells.

Adds $168.9 million for the

three Israeli systems and an

additional $211.0 million

for the Israeli “Iron Dome”

system designed to

intercept short-range

rockets and artillery shells.

Incorporates House funding

increase.

Phases out upgrades to

Abrams tanks and

Bradley troop carriers,

preparatory to shutting

down those production

lines from 2014 until

2017, when new

upgrade programs

would begin.

Adds $321.0 million to

continue Abrams and

Bradley upgrades and adds

$62 million to the amount

requested for armored

tank recovery vehicle

Requests $2.04 billion

for 26 F/A-18E/F Super

Hornet Navy fighters

and $1.03 billion for 12

EA-18G Growler

electronic warfare

planes (with no funds to

continue Growler

production in FY2014).

Adds $605.0 million for 11

additional F/A-18E/Fs and

$45.0 million for long leadtime components to allow

the purchase of 15

additional Growlers in

FY2014.

Adds $60.0 million for long

lead-time components to

allow the purchase of 15

additional Growlers in

FY2014.

Adds $447.0 million for

seven additional C-130s

equipped for various

missions.

Reallocates $72.0 million

within Marine Corps

budget request to buy two

KC-130J refueling tankers

(at Marine Corps request)

and adds $180.0 million for

components that would

allow procurement of 18

C-130Js in FY2014.

Requests $836.6 million

for seven C-130s

equipped for mid-air

refueling, search and

rescue, and other

missions.

Congressional Research Service

Conference

Report

H.R. 933

Adds $165.4 million to

continue Abrams upgrade

and adds $123.0 million to

the amount requested for

armored tank recovery

vehicle

Incorporates Senate

funding increases.

Incorporates House funding

increases.

Incorporates House funding

increases.

Incorporates all but $10

million of both House and

Senate funding increases:

$437.0 for 7 new planes;

$72.0 million reallocated

within Marine Corps

budget to buy two planes;

and $180.0 million to lay

ground work for

procurement of 18 planes

in FY2014

40

Defense: FY2013 Authorization and Appropriations

Senate

Committeereported

H.R. 5856

Administration

proposal

House-passed

H.R. 5856

Requests no funding for

the National Guard and

Reserve Equipment

account (NGREA)

Adds $2.00 billion for the

NGREA account and an

additional $219.0 million

for Blackhawk helicopters

and $100.0 million for

HMMWVs for the National

Guard.

Requests no funding for

OCO Transfer Fund, to

cover unforeseen costs

of operations in Iraq and

Afghanistan.

Creates a $3.25 billion

OCO Transfer Fund

consisting of $2.0 billion cut

from funds requested for

Army OCO operations

plus $1.25 billion added to

the budget.

n/c

Within the $673.0

million requested for

medical R&D, allocates

no funds for specific

programs for which

Congress has added

funds to previous budget

requests.

Adds $576.4 million for 21

peer-reviewed medical

R&D programs.

Allocates $354 million

(within the $673.0 million

requested) to increase

spending for six peerreviewed medical R&D

programs.

Requests no funds for

Defense Rapid

Innovation Fund

Adds $250.0 million for

Defense Rapid Innovation

Fund

Adds $200.0 million for

Defense Rapid Innovation

Fund

Adds $1.0 billion for

Marine Corps “reset”—i.e.,

repair and reconditioning of

equipment worn out by use

in Afghanistan and Iraq;

This increase partly offset

by cut of $500.0 million to

Marine Corps logistics

funding on grounds of

unjustified [cost] growth.

Conference

Report

H.R. 933

Adds $1.5 billion for the

NGREA account

Adds $1.0 billion for the

NGREA account.

Creates a $582.9 million

OCO Transfer Fund

Adds $635.4 million for 22

peer-reviewed medical

R&D programs

Incorporates House funding

increase.

n/c

n/c

Sources: H.Rept. 112-493, House Committee on Appropriations, Subcommittee on Defense, Department of

Defense Appropriations Act, 2013, report to accompany H.R. 5856; S.Rept. 112-196, Senate Committee on

Appropriations, report to accompany H.R. 5856; Congressional Record, March 11, 2013, Explanatory Statement

on H.R. 933, Division C, pp. S1316-S1546.

Note: The notation n/c (no change) signifies that no provision of the bill would block or alter the proposed

policy.

Funding Offsets

As is customary in annual DOD appropriations bills, the House-passed and Senate committeereported versions of H.R. 5856 would offset some of its proposed additions to the budget request

with a small number of relatively large funding reductions (in addition to dozens of smaller cuts

justified in terms of specific problems with specific programs).

Congressional Research Service

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Defense: FY2013 Authorization and Appropriations

Table 17. Selected Funding Offsets

Issue

Senate

Committeereported

H.R. 5856

House-passed

H.R. 5856

Depot maintenance

Cuts $2.46 billion from the

Army Working Capital

Fund on grounds that Army

depots have excessively

large backlog of work

funded in FY2012 that will

carry over into FY2013.

Cuts a total of $331.7

million from the Operation

and Maintenance Accounts

of the four services to

reduce their backlogs of

depot maintenance.

TRICARE

Cuts $400.0 million from

the $16.15 billion TRICARE

request on grounds that

the program historically

underspends its annual

appropriation.

Cuts $807.4 million from

the TRICARE request on

grounds of “historical

underexecution”

Requests labeled by

Appropriations

Committee as

“unjustified,” “early to

need,” or otherwise

unnecessary

Cuts $667.5 million,

including $79.4 million from

funds requested for travel.

Cuts $7.03 billion (in

addition to the $331.7

million depot maintenance

cut and the $807.4 million

TRCARE cuts cited above)

Army and Air Force

spare and repair parts

Cuts $500.0 million

because of excessive

inventory.

n/c

Defense Acquisition

Workforce

Development Fund

Cuts $224.0 million from

the $274.2 million

requested on grounds that

DOD representatives have

said the requested amount

would not be needed in

FY2013.

Adds $445.8 million to the

request, approving $720.0

million.

Medium Expanded Air

Defense System

(MEADS)

Cuts $400.9 million, the

entire amount requested

for this joint U.S.-GermanyItaly program to develop a

mobile anti-missile defense

for units in the field.

Cut’s $20.0 million,

approving $380.9 million

either to fund the

program’s final year (as the

Administration proposes)

or to pay the termination

liability for ending the

program sooner

Rescissions

Rescinds a total of $1.60

billion appropriated in prior

years for specific purposes

making those funds

available to reduce by the

same amount the

requirement for new

budget authority.

Congressional Research Service

Conference

Report

H.R. 933

Cuts a total of $332.3

million from the Operation

and Maintenance Accounts

of the four services to

reduce their backlogs of

depot maintenance.

Incorporates Senate

funding reduction.

Cuts $9.45 billion (in

addition to the $332.3

million depot maintenance

cut and the $807.4 million

TRICARE cuts cited above)

Incorporates House funding

reduction

Incorporates House funding

reduction.

Rescinds a total of $3.81

billion appropriated in prior

years for specific purposes

making those funds

available to reduce by the

same amount the

requirement for new

budget authority.

Incorporates Senate

funding reduction.

Rescinds a total of $4.00

billion appropriated in prior

years for specific purposes

making those funds

available to reduce by the

same amount the

requirement for new

budget authority. This

includes $2.14 billion worth

of rescissions in the base

budget and $1.86 billion

worth of rescissions in the

OCO budget.

42

Defense: FY2013 Authorization and Appropriations

Issue

Senate

Committeereported

H.R. 5856

House-passed

H.R. 5856

Decommissioning the

nuclear-powered aircraft

carrier Enterprise

Cuts $470.0 million of the

$940.0 million requested

and requires the Navy to

seek funding on a year-byyear basis.

n/c

Afghan Security Forces

Fund

Cuts $722.7 million of the

$5.75 billion requested on

grounds that DOD has

been slow in spending funds

appropriated in earlier

years.

Cuts $500.0 million of the

$5.75 billion requested on

grounds that DOD has

been slow in spending funds

appropriated in earlier

years.

Army Operation and

Maintenance [O&M]

funds for war operations

(Overseas Contingency

Operations)

Cuts $2.00 billion cut from

the Army O&M request on

grounds that the budget

request would have

resulted in an unjustified

increase in expenditures

per troop

Conference

Report

H.R. 933

Cuts $70 million of the

$940 million requested.

n/c

Cuts $525.0 million of the

$5.75 billion reqeust.

Cuts $500.0 million from

the Army O&M request on

grounds that the budget

request would have

resulted in an unjustified

increase in expenditures

per troop

Source: H.Rept. 112-493, House Committee on Appropriations, Subcommittee on Defense, Department of

Defense Appropriations Act, 2013, report to accompany H.R. 5856; S.Rept. 112-196, Senate Committee on

Appropriations, report to accompany H.R. 5856; Congressional Record, March 11, 2013, Explanatory Statement

on H.R. 933, Division C, pp. S1316-S1546.

Note: The notation n/c (no change) signifies that no provision of the bill would block or alter the proposed

policy.

Following are additional highlights of H.R. 5856 as passed by the House and reported by the

Senate Appropriations Committee.

Military Personnel and Force Structure (Appropriations)39

H.R. 933 as enacted funds the 1.7% increase in “basic pay” for military personnel proposed by

the Administration, as the versions of H.R. 5856 passed by the House and reported by the Senate

Appropriations Committee would have done. That rate is based on the Labor Department’s

Employment Cost Index (ECI), which is a survey-based estimate of the rate at which privatesector pay has increased.

Army, Marine Corps End-Strength Reductions

The enacted bill, as well as the versions that had been passed by the House and reported by the

Senate Appropriations Committee each accepted the Administration’s proposal to reduce the

active-duty end-strength of the Army (reduced by 9,900) and Marine Corps (reduced by 4,800)

during FY2013. In its report on the FY2013 defense bill, the House Appropriations Committee

39

For congressional action on authorization related to military personnel and force structure, see “Military Personnel

Issues (Authorization).”

Congressional Research Service

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Defense: FY2013 Authorization and Appropriations

expressed concern that the Administration’s plan to reduce those two services by an additional

77,300 spaces by the end of FY2017 was based on budgetary pressures rather than military

requirements.40

Navy Ship Retirements

The enacted bill, like the version reported by the Senate committee, added to the budget request

$2.38 billion to continue manning, operating and modernizing as previously had been scheduled

in FY2013 and FY2014 all seven of the Aegis cruisers and both of the amphibious landing ships

the Administration had planned to retire during that time. The funds are in a newly created “Ship

Modernization, Operations and Sustainment Fund” that would remain available through FY2014

(Section 8105 of H.R. 933).

The House bill would have added to the request only the funds needed to modernize and continue

operating during FY2013 three of the four Aegis cruisers that would have been retired during that

year under the administration’s plan. The House bill would have allowed the retirement of a

fourth cruiser—USS Port Royal, which was severely damaged in 2009 when it grounded on a

coral reef off Honolulu. The House bill would have added $124.6 million for operation and

maintenance of the three other cruisers and $426.7 million to upgrade their equipment (including

the purchase of five MH-60R helicopters).

Air Force Cuts Rejected

The final version of the appropriations bill added to the Administration’s request nearly $900

million dollars to sustain several flying squadrons that the budget would have disbanded and to

continue acquiring and operating two types of aircraft that would have been disposed of under the

budget request.

Like the House and Senate Armed Services Committees, the House and Senate Appropriations

Committees both rejected a proposal to disband seven Air Force squadron and mothball or

dispose of nearly 300 F-16s and A-10s operated by those units. In its report H.R. 5856, the House

Appropriations Committee said the planned cutbacks would fall disproportionately on the Air

Force Reserve and Air National Guard. Together, those two reserve components would absorb

85% of the planned reduction in airplanes and 60% of the planned manpower cuts, the committee

said.

As enacted, H.R. 933 includes a provision (Sec. 8115) that prohibits both the proposed

dissolution the squadrons and disposal of their aircraft. It also adds to the amount requested

$557.2 million to continue operating those squadrons and to fund the nearly 7,000 Air Force, Air

Force Reserve and Air National Guard personnel assigned to them.

In its report to accompany H.R. 5856, the House Appropriations Committee had directed the Air

Force to submit by October 1, 2012, a cost-benefit analysis of the proposed retirements and

reorganizations that was to be reviewed by the Government Accountability Office (GAO).

Conferees on H.R. 933 explicitly dropped the requirement, but said they expected that any future

40

H.Rept. 112-493, p. 18.

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Defense: FY2013 Authorization and Appropriations

proposals to change the Air Force’s force structure would be “transparently and comprehensively

justified.”

The final defense bill also adds to the request $341.3 million to for the previously planned

procurements of “Block 30” Global Hawk long-range surveillance drones and small cargo planes

designated C-27s and to continue operating Block 30s and C-27s that already had been acquired.

It also includes a provision (Sec. 8118) requiring the Air Force to spend funds appropriated in

earlier budgets for Block 30s and C-27s.

Reduction in Personnel Transfers

The enacted version of FY2013 DOD appropriations bill (H.R. 933) cut the $2.94 billion

requested by the four services for routine personnel transfers by 5% ($146.8 million).41 This

amounted to half the reduction that would have been made by the version of the bill reported by

the Senate Appropriations Committee (H.R. 5856), which would have cut transfer costs by 10%

($293.6 million).

In its report on the defense bill, the Senate committee said DOD rotates an average of one-third of

military personnel from one duty station to another in any year and that the average time between

such reassignments is about two years. The Joint Explanatory Statement accompanying H.R. 933

directed the Under Secretary of Defense for Personnel and Readiness to report to Congress

(within 180 days of enactment) on potential budget savings that could be realized by longer tours

of duty at any one station as well as potential improvements in service members’ job performance

and in the quality of life for service members and their families.

Depot Maintenance ‘Carryover’

The enacted version of the FY2013 defense appropriations bill—like the versions passed by the

House and reported by the Senate Appropriations Committee - cut the Administration’s budget

request in an effort to reduce what the committees described in their reports as an excessive

backlog of scheduled maintenance work by the services’ depots, which perform major overhauls

of aircraft, ground vehicles, engines, electronic equipment and other major items. Essentially, the

Appropriations Committees took the position that they would reduce the amount of additional

funds appropriated for overhauls in FY2013 while the depots would keep working at their regular

tempo performing work that had been paid for in prior budgets, thus drawing down the backlogs.

The issue, which the GAO has been scrutinizing for years, is referred to as “excess carryover”

and is described by a July 2008 GAO report on Army depots:

The five Army depots operate under the working capital fund concept, where customers are

to be charged for the anticipated full cost of goods and services. To the extent that the depots

do not complete work at [sic–apparently means “by”] year-end, the funded work will be

carried into the next fiscal year. Carryover is the reported dollar value of work that has been

ordered and funded (obligated) by customers but not completed by working capital fund

activities at the end of the fiscal year. The congressional defense committees recognize that

41

This reduction would not affect the request for an additional $1.39 billion for travel costs associated with moving

personnel (1) from the point of their enlistment or commissioning to their first duty station or training school, (2) from

a duty station to a training school, or (3) from the last duty station to the home of record when they leave the service.

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Defense: FY2013 Authorization and Appropriations

some carryover is needed to ensure a smooth flow of work during the transition from one

fiscal year to the next. However, past congressional defense committee reports raised

concerns that the level of carryover may be more than is needed. Excessive amounts of

carryover financed with customer appropriations are subject to reductions by the Department

of Defense (DOD) and the congressional defense committees during the budget review

process.42

The House-passed version of H.R. 5856 would have cut a total of $2.46 billion from the amounts

requested for Army Operation and Maintenance (O&M) and for the Army’s Other Procurement

accounts, explaining the action in a summary table as, “Excess Working Capital Fund Carryover.”

Citing the same rationale, the Senate committee-reported version of the bill would have cut a total

of $331.7 million from the amounts requested for the O&M accounts of the four armed services.

H.R. 933 as enacted cuts $332.3 million from the O&M requests.

TRICARE Fee Increases and Cost Savings43

Proposed TRICARE Fee Increases

The Administration’s $16.15 billion request for DOD’s TRICARE medical insurance program

assumed certain increases in various fees paid by participants. While some of those proposed

increases were allowed by current law, most of them would have required legislative changes,

most of which were rejected by the House and Senate Armed Services Committees in drafting the

enacted version of the FY2013 National Defense Authorization Act.

As reported by the House Appropriations Committee, H.R. 5856 incorporated the TRICARE cost

savings that would result from the Administration’s proposed fee hikes. In its report on the bill,

the House Committee said it would “continue to evaluate the proposed changes,” pending

enactment of the companion defense authorization bill.

H.R. 933 as enacted—like the Senate Appropriations Committee-reported version of H.R. 5856—

added to the budget request $273.0 million to cover higher than budgeted costs expected to result

from Congress’s rejection of some of the proposed TRICARE fee increases.

TRICARE Savings Assumed

Following the lead of the Senate Appropriations Committee, the enacted version of H.R. 933 cuts

$807.4 million from the FY2013 TRICARE request, a reduction of 5% which—conferees said—

should have no adverse impact on the program. Citing the Government Accountability Office

(GAO) as its source, the Senate Committeee said in its report on H.R. 5856 that the TRICARE

program had “underexecuted” its budget (i.e., had spent less than was appropriated) by $771.6

million in FY2010 and by $1.36 billion in FY2011, and that it was on track to spend $1.04 billion

less than had been appropriated for FY2012.

42

U.S. Government Accountability Office, Army Working Capital Fund: Actions Needed to Reduce Carryover at

Amry Depots, GAO-08-714, July 2008, pp. 1-2.

43

For additional background, see CRS Report RS22402, Increases in Tricare Costs: Background and Options for

Congress, by (name redacted).

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Similarly, the House-passed version of H.R. 5856 would have cut $400.0 million from the

TRICARE request on the assumption that this pattern of “historic underexecution” would

continue in FY2013.

Ground Combat Systems Appropriations44

Congressional action on appropriation of funds for selected ground combat systems is

summarized in Table A-4. Following are some highlights.

Abrams Tank and Bradley Upgrades; Hercules tank recovery vehicles

H.R. 933 as enacted incorporates $383.0 million worth of House-passed additions to the amounts

requested for three armored vehicle programs, as follows:

•

The budget requested $74.4 million for to support the fielding of M-1 tanks that had been

upgraded to the so-called “M-1A2SEP” version, which incorporates improvements to the

power train, communications gear, and night-vision equipment.45 The final appropriations

bill would add $181.0 million to upgrade additional tanks.

•

H.R. 933 would nearly double—to $288.2 million, from $148.2 million requested—

funding to upgrade Bradley armored troop carriers with improved night vision

equipment, digital communications gear, and power train modifications.

•

The bill would add $62.0 million to the $107.9 million requested for M-88A2 Hercules

tank recovery vehicles—tracked vehicles designed to tow to safety a disabled 70-ton

Abrams tank.

Ground Combat Vehicle46

The enacted version of the appropriations bill—like the House-passed and Senate committeereported versions of H.R. 5856—would provide $639.9 million, as requested, to continue

development of the Army’s Ground Combat Vehicle (GCV), which is intended to replace the

Bradley armored troop carrier.

In its report on H.R. 5856, the Senate Appropriations Committee had questioned the emphasis the

Army was placing on the GCV, considered in the context of its overall spending plans for

modernization of its armored combat vehicle fleet. Under current Army plans, the Senate

committee said, the GCV would account for about 10% of the Army’s entire fleet of combat

vehicles. In the FY2013 budget request, it accounts for more than 70% of the total amount

requested for modernization of the ground combat fleet. Over the five-year period FY2013FY2017, GCV would absorb more than 80% of the service’s projected spending on combat

44

For congressional action on authorizations for ground combat systems, see “Ground Combat Equipment

(Authorization).”

45

The funds requested for FY2013 would pay for training, technical manuals, and other support costs associated with

the deployment to Army units of tanks that had been upgraded with funds appropriated in prior fiscal years.

46

For additional background, see CRS Report R41597, The Army’s Ground Combat Vehicle (GCV) Program:

Background and Issues for Congress, by (name redacted).

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vehicle modernization. The committee directed the Army to provide to Congress the results of a

business case analysis—currently underway—of its combat vehicle fleet modernization plans.47

Naval Systems Appropriations48

In their respective reports on H.R. 5856, the Appropriations Committees of both the House and

Senate decried the Administration’s plan to reduce the number of warships projected for funding

in FY2013-FY2017 compared with the Navy’s previous five-year plan. Both committees warned

that the projected reduction in shipbuilding would increase costs and weaken the nation’s

shipbuilding industrial base. The House committee also contended that the Administration’s plan

was inconsistent with its increased emphasis on U.S. military power in the Pacific region, where

naval forces would play a particularly significant role.49

Congressional action on appropriation of funds for selected naval systems is summarized in Table

A-6. Following are highlights.

Submarine and Destroyer Production

Like the Armed Services Committees of the House and Senate, the House and Senate

Appropriations Committee had objected to the Administration’s plan to buy one Virginia-class

attack submarine and one Aegis destroyer in FY2014, rather than two ships of each type, as had

been planned. H.R. 933 as enacted—like the Senate committee-reported versions of H.R. 5856—

adds nearly $1.8 billion to the amount requested for Navy shipbuilding in FY2013 to support

multi-year contracts to procure 10 submarines and 10 destroyers in FY2013 through FY2017,

with the aim of achieving cost-cutting efficiencies.

Like the Senate committee version of H.R. 5856, H.R. 933 adds to the budget request:

• $778 million for long lead-time funding to buy components that would allow the Navy to

start work on two submarines rather than one in FY2014; and

• $1.0 billion to fund a third destroyer in FY2013, in addition to the two ships requested.

The House-passed version of H.R. 5856 added $723 million for the submarine components as

well as $1 billion for a third destroyer.

USS Miami Fire Damage Repair

The final bill—like the Senate committee version of H.R. 5856—added to the amount requested

$150 million for the repair of the Virginia-class submarine USS Miami, damaged by fire on May

23, 2012, and undergoing an overhaul at the Portsmouth Naval Shipyard in Kittery, Maine. On

August 22, 2012, the Navy announced that it plans to repair the ship, at an estimated cost of

47

S.Rept. 112-196, p. 176.

For congressional action on authorization for naval systems, see “Naval Systems (Authorization).”

49

H.Rept. 112-493 pp. 158-59; S.Rept. 112-196, pp. 125-27.

For additional background on Navy shipbuilding plans, see CRS Report RL32665, Navy Force Structure and

Shipbuilding Plans: Background and Issues for Congress, by (name redacted).

48

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$450.0 million, by April 30, 2015, after which the ship would be good for an additional 10 years

of service.50

The anticipated unit-cost of a new Virginia-class submarine in the FY2013 budget is $2.55

billion.

Amphibious Transport Dock (LPD-17)

The enacted appropriation, like the Senate committee version of the bill, added $263.3 million for

long lead-time components that would allow funding in FY2014 of an LPD-17 class amphibious

transport dock ship. In its report on the H.R. 5856, the Senate Appropriations Committee noted

that the Navy has fewer amphibious landing transports than current DOD plans call for and that

the number of such ships is slated to decline further.

Aircraft Appropriations51

Congressional action on appropriation of funds for selected aircraft and long-range strike

programs is summarized in Table A-10. Following are some highlights:

F-35 Joint Strike Fighter

H.R. 933 appropriates $8.29 billion—95% of the amount requested—to continue development

and production of the F-35 Joint Strike Fighter. Several reductions totaling $404.0 million

reflected what the House and Senate conferees described as funding requests the were premature

or that incorporated unjustified price increases. The House-passed and Senate committee-reported

versions of H.R. 5856 each would have made generally similar reductions.

The final bill would provide $5.59 billion to buy a total of 29 F-35s of three types: a carrier-based

version for the Navy, a short-takeoff version for the Marine Corps, and a conventional, land-based

version for the Air Force. It also would provide $2.68 billion to continue development of the

plane.

F-22 Oxygen System

The enacted bill would add $21.5 million to the amount requested for modifications to the Air

Force’s F-22 fighters, with the additional funds intended to install a backup oxygen supply for the

pilots in each aircraft. The Air Force has been investigating complaints by some F-22 pilots that

they have experienced symptoms similar to those caused by hypoxia (oxygen deprivation).

On August 1, 2012, an Air Force official said that a faulty pressurization program in the F-22's

oxygen system was responsible for hypoxia-like symptoms its pilots were suffering. The faulty

pressurization programming caused a pressurized vest—designed to protect pilots’ lungs in case

50

Navy News Service, “Navy Provides Updated Cost Estimate for USS Miami Repair,” August 22, 2012,

http://www.navy.mil/submit/display.asp?story_id=69153.

51

For congressional action on authorization for aviation systems, see “Aircraft and Long-Range Strike Systems

(Authorization).”

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of rapid decompression—to inflate, restricting the pilots' ability to breathe, Maj. Gen. Charles

Lyons USAF, told reporters.52

C-130 Cargo Planes

Instead of the 7 C-130 cargo planes requested in the FY2013 budget (most of which would be

equipped for specialized missions such as mid-air refueling and search-and-rescue), the enacted

defense bill would provide 14 of the planes plus a down-payment on 18 additional C-130 to be

funded in future fiscal years. For procurement of new C-130s (of various types) and

modifications to existing planes, the budget requested $1.12 billion and H.R. 933 provides $1.73

billion.

The enacted bill also adds a total of $20.0 million to the Air Force’s procurement and R&D

accounts to continue the C-130 Avionics Modernization Program (AMP), a project to upgrade the

cockpit electronics of older planes. The Administration’s budget would have scrapped the

program.

Missile Defense Appropriations53

The enacted version of H.R. 933 appropriates $8.30 billion for programs of the Missile Defense

Agency, an increase of 6.6% above the $7.79 billion request. The largest single component of the

net increase is the House committee’s addition of $280.0 million for four Israeli missile defense

systems, which includes $211.0 million for the Iron Dome system designed to intercept shortrange rockets and artillery shells. Another component of the net increase for MDA in the bill is

the addition of $75.0 million to the $903.2 million requested for the Ground-Based Missile

Defense (GMD) system currently deployed at sites in Alaska and Hawaii.

Congressional action on appropriation of funds for selected missile defense programs is

summarized in Table A-2.

Medium Extended Air Defense System (MEADS)

Following the lead of the Senate Appropriations Committee, the enacted bill appropriates $380.9

million for the Medium Extended Air Defense System (MEADS), a joint U.S.-German-Italian

effort to develop a mobile air and missile defense system that incorporates the Patriot PAC-3

missile, which is designed to protect combat units in the field.

Plans to deploy MEADS have been shelved, but the three partner countries are continuing work

on the system in hopes of developing components and technologies that could be used in other

systems. The Administration maintains that, under the tripartite Memorandum of Understanding

governing the program, the United States would incur significant cash penalties if it unilaterally

pulled out of the program. The House-passed version of the appropriations bill would have denied

the entire $400.9 million requested for MEADS in the FY2013 budget.

52

DOD News Transcript, Maj. Gen. Charles Lyons USAF, Director of Operations, Air Combat Command, August 1,

2012, http://www.defense.gov/transcripts/transcript.aspx?transcriptid=5094.

53

For congressional action on authorization for ballistic missile defense programs, see “Ballistic Missile Defense

(Authorization).”

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The FY2013 National Defense Authorization Act (H.R. 4310; P.L. 112-235) had authorized no

funds

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