Defense: FY2014 Authorization and Appropriations

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Defense:

FY2014 Authorization and Appropriations

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Specialist in U.S. Defense Policy and Budget

January 8, 2014

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R43323

Defense: FY2014 Authorization and Appropriations

Summary

Congressional action on DOD’s FY2014 budget was hobbled by the prevailing uncertainty over

the entire federal budget that dissipated only in mid-December, when Congress passed and the

President signed H.J.Res. 59, which set binding caps on discretionary spending for defense and

nondefense programs in FY2014. The bill’s defense cap, while about $31 billion below the

amount requested for defense programs by President Obama, was more than $20 billion higher

than the FY2014 defense cap that had been set by the Budget Control Act (BCA) of 2011 (P.L.

112-25).

President Obama’s FY2014 base budget request of $552.0 billion in discretionary budget

authority for the Department of Defense (DOD) and defense-related programs of other agencies

(excluding war costs), exceeded by $53.9 billion the legally binding cap on defense funding for

FY2014 that was enacted in 2011 as part of the BCA. Similarly, in their initial actions on the

annual defense funding bills for FY2014, the House and the Armed Services and Appropriations

Committees of the Senate approved defense funding totals (excluding war costs) that were very

close to President Obama’s so-called “base budget” (i.e., nonwar) request, regardless of the BCA

cap.

For DOD’s base budget, both the version of the FY2014 National Defense Authorization Act

passed by the House (H.R. 1960) and the version reported by the Senate Armed Services

Committee (S. 1197) also exceeded the BCA cap, differing from the President’s request by less

than $50 million. For war-related operations (“overseas contingency operations” or OCO), the

Senate committee version of the authorization bill made few changes to the Administration’s

$80.7 billion request, while the House-passed bill added $5.4 billion.

Similarly, the versions of the FY2014 DOD Appropriations Bill (H.R. 2397) passed by the House

and reported by the Senate Appropriations Committee—in conjunction with funding for military

construction and for defense-related spending in other agencies in other appropriations bills

passed by the House and reported by the Senate committee—would result in total DOD base

budget appropriations that would exceed the BCA defense limit for FY2014 by nearly as much as

President Obama’s initial request.

Because legislation to fund the federal government in FY2014 had not been enacted prior to the

start of the fiscal year on October 1, 2013, DOD, like most other agencies, was then subject to a

lapse in appropriations during which agencies are generally required to shut down. Under an

OMB-defined exception for “national security activities,” all active-duty military personnel and

many DOD civilian employees remained on their jobs through October 17, 2013, when H.J.Res.

59, the FY2014 Continuing Resolution (P.L. 113-46) was enacted, allowing DOD and all other

federal agencies to resume their normal operations through January 15, 2014. The resolution set

funding at an annualized level equal to that provided by the FY2013 Consolidated and Further

Continuing Appropriations Act (P.L. 113-6) after reductions made on March 15, 2013, by the

BCA-mandated sequestration process. Excluding war costs, the FY2014 CR funds DOD and

defense-related programs of other agencies (which comprise the “National Defense” budget

function) at an annual budget of $518 billion for about one-quarter of the year . That annual total

amounts to a $34 billion or 6.2% decrease from the President’s request for the FY2014 DOD base

budget. However, it would exceed the BCA cap on National Defense spending in FY2014 by $21

billion (or about 4%).

Congressional Research Service

Defense: FY2014 Authorization and Appropriations

If the BCA had not been amended, Congress would have had to cut the Administration’s National

Defense request by $53.9 billion (about 9.8%) to meet the BCA cap of $498.1 billion. But the

FY2014 Continuing Resolution (H.J.Res. 59), which President Obama signed into law on

December 26, 2013, raised the BCA caps on defense and nondefense discretionary spending for

FY2014 and FY2015 in addition to funding the operations of the federal government through

January 15, 2014.

For National Defense, the new FY2014 budget limit is $520 billion rather than the original BCA

limit of $498 billion. DOD’s share of this new, higher total amounts to about $497 billion rather

than $476 billion DOD would have been allowed under the original BCA cap. If Congress

appropriates to these new limits, there would no longer be a need for an additional $20 billion

sequester in January 2014.

For FY2015, the new limit, higher limits set by H.R. 59 (compared with the original BCA caps)

are $521 billion rather $512 billion for National Defense and $498 billion rather than $489 billion

for DOD. In each case, the FY2015 spending limit is increased by $9 billion over the original

BCA limits. The spending cap in FY2015 thus would be $1 billion above the FY2014 level. In

subsequent years, the original BCA spending limits would remain in force, rising by FY2021 to

$590 billion for National Defense and $564 billion for DOD in nominal dollars.

In sum, the effect of the Murray-Ryan budget agreement embodied in H.J.Res. 59 is to set a

cumulative limit for National Defense spending in FY2012-FY2021 totaling $5.447 trillion,

which is $32 billion higher than the original BCA limit for that period. For DOD, the spending

caps would total $5.202 trillion rather than $5.176 trillion, a $30 billion increase over the current

limit. The FY2014 Administration’s DOD budget plan for that decade totals $5.533 trillion,

exceeding the proposed new limits by $326 billion or 6%.

On December 26, 2013, the President signed into law H.R. 3304, a compromise version of the

FY2014 NDAA. It authorizes appropriation of nearly the amount the Administration originally

requested for the DOD base budget, taking no account of the new BCA defense spending limit,

which it would exceed by more than $30 billion. Like the earlier versions of the NDAA passed by

the House and reported by the Senate committee, H.R. 3304 also includes provisions bearing on

several controversial policy issues including the armed services’ handling of sexual assault cases

and the treatment of detainees currently held at the U.S. naval base at Guantanamo Bay, Cuba.

DOD and the House and Senate Appropriations Committees are drafting FY2014 appropriations

bills that would comply with the new spending caps by cutting about $32 billion from the

Administration’s FY2014 DOD budget request. Pending enactment of those bills, funding for

DOD (and all other federal agencies) currently is slated to expire on January 15, 2014.

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Defense: FY2014 Authorization and Appropriations

Contents

Most Recent Legislative Action....................................................................................................... 7

Budgetary Context: BCA Spending Caps................................................................................ 11

Sequestration Flexibility in FY2014 and FY2013 Experience ................................................ 13

Sequestration Alternatives in FY2014 ..................................................................................... 15

Alternatives under Current Law ........................................................................................ 15

Legislative Proposals......................................................................................................... 16

DOD Forecast of FY2014 BCA Impact .................................................................................. 17

DOD FY2013 Post-Sequester Funding and the FY2014 Request ........................................... 18

FY2014 National Defense Budget Overview ................................................................................ 19

FY2014 DOD Base Budget Highlights ......................................................................................... 25

Sustaining Current Strategy ..................................................................................................... 27

Military Personnel ................................................................................................................... 27

Military Pay and Allowances ............................................................................................ 28

TRICARE Fees ................................................................................................................. 29

“Efficiency” Initiatives ............................................................................................................ 29

Weapons Acquisition Reductions ............................................................................................ 30

Proposed Base Closures .......................................................................................................... 31

FY2014 OCO Budget Highlights .................................................................................................. 31

Ship and Aircraft Retirements ........................................................................................... 34

FY2014 National Defense Authorization Act (NDAA): H.R. 1960; S. 1197; H.R. 3304.............. 35

NDAA: The Broad Outlines .................................................................................................... 37

Proposed Administration Savings ..................................................................................... 37

Other Congressional Additions ......................................................................................... 39

Military Personnel Issues (Authorization) ............................................................................... 40

Military Pay Raise ................................................................................................................... 41

Sexual Assault Prevention and Treatment ......................................................................... 41

Provisions Relating to Chaplains Corps and Conscience .................................................. 42

TRICARE .......................................................................................................................... 43

Assignment of Women in the Military .............................................................................. 44

Reserve Component Mobilization Guarantees .................................................................. 44

Ground Combat Systems (Authorization) ............................................................................... 45

Current Generation Vehicles (M-1, Bradley, and others) .................................................. 45

Next Generation Vehicles: GCV, AMPV, MPC, and JLTV ............................................... 46

Naval Systems (Authorization) ............................................................................................... 46

Aircraft Carriers ................................................................................................................ 47

Attack Submarines and Missile Submarines ..................................................................... 48

Destroyers ......................................................................................................................... 49

Littoral Combat Ships ....................................................................................................... 49

Aircraft and Missile Programs (Authorization) ....................................................................... 50

Long-Range Strike Weapons ............................................................................................. 50

Other Provisions Related to Arms Control ........................................................................ 51

Carrier-Based UAVs .......................................................................................................... 52

Missile Defense (Authorization) ............................................................................................. 53

Ground-Based Missile Defense (GMD) ............................................................................ 54

Israeli Defenses ................................................................................................................. 55

NATO Missile Defense Cost ............................................................................................. 55

Congressional Research Service

Defense: FY2014 Authorization and Appropriations

Provisions Relating to Wartime Detainees .............................................................................. 56

House Floor Amendments ....................................................................................................... 57

FY2014 DOD Appropriations Bill ................................................................................................. 60

Overview (H.R. 2397; S. 1429) ............................................................................................... 60

Base Budget ...................................................................................................................... 62

OCO Funding .................................................................................................................... 63

Military Personnel Issues (Appropriations) ............................................................................. 64

Military Compensation...................................................................................................... 64

Defense Health Program (including TRICARE) ............................................................... 64

Ground Combat Systems (Appropriations) ............................................................................. 64

Naval Systems (Appropriations) ............................................................................................. 65

Submarines ........................................................................................................................ 65

Destroyers ......................................................................................................................... 66

Aircraft and Missile Programs (Appropriations) ..................................................................... 66

Strike Fighters (Joint Strike Fighter and F/A-18).............................................................. 66

Missile Defense Programs (Appropriations) ........................................................................... 67

Afghanistan Security Forces Fund (OCO) .............................................................................. 67

House Floor Amendments to FY2014 DOD Appropriations Bills .......................................... 68

Figures

Figure 1. Successive Administration DOD Budget Plans, FY2011-FY2014 ................................ 21

Figure 2. Estimated DOD Funding Projections, FY2013-2021 ..................................................... 24

Figure 3. Projected DOD Purchasing Power in Perspective, 1976-2021 (Base Budget)............... 25

Figure 4. OCO Funding and Troop Level Trends: FY2008 through FY2014 Request.................. 32

Tables

Table 1. FY2014 National Defense Authorization Act .................................................................. 11

Table 2. FY2014 DOD Appropriations Bill ................................................................................... 11

Table 3. FY2014 National Defense Budget Function (050); Administration Request .................. 20

Table 4. DOD Budget Plans and BCA Caps .................................................................................. 23

Table 5. DOD Discretionary Base Budgets, FY2012-FY2014 ...................................................... 26

Table 6. Active Component Authorized End-Strength................................................................... 28

Table 7. Administration’s FY2014 Discretionary OCO Budget Request ...................................... 31

Table 8. OCO Funding by Mission Category ................................................................................ 34

Table 9. FY2014 National Defense Authorization Act (H.R. 1960; S. 1197: H,R, 3304) ............. 36

Table 10. Selected Administration Cost Cutting Initiatives ........................................................... 37

Table 11. Selected Additions to the Administration Request ......................................................... 39

Table 12. Selected Sexual Assault-related Provisions, FY2014 NDAA ........................................ 42

Table 13. Selected Nuclear Arms Control Provisions, FY2014 NDAA ........................................ 52

Table 14. Selected U.S. Territorial Missile Defense Provisions, FY2014 NDAA ......................... 54

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Defense: FY2014 Authorization and Appropriations

Table 15. Selected House Floor Amendments to FY2014 National Defense Authorization

Act (H.R. 1960) .......................................................................................................................... 57

Table 16. FY2014 DOD Appropriations Act (H.R. 2397; S. 1429) ............................................... 61

Table 17. Selected House Floor Amendments to FY2014 DOD Appropriations Act (H.R.

2397) ........................................................................................................................................... 68

Table A-1. Congressional Authorization Action on Selected FY2014 Missile Defense

Programs ..................................................................................................................................... 73

Table A-2. Congressional Action on Selected FY2014 Missile Defense Funding

Appropriation.............................................................................................................................. 77

Table A-3. Congressional Action on Selected FY2014 Army, Marine Corps Ground

Combat Programs: Authorization ............................................................................................... 80

Table A-4. Congressional Action on Selected FY2014 Army Ground Combat Programs:

Appropriation.............................................................................................................................. 82

Table A-5. Congressional Action on Selected FY2014 Shipbuilding and Modernization

Programs: Authorization ............................................................................................................. 83

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

Programs: Appropriation ............................................................................................................ 84

Table A-7. Congressional Action on Selected FY2013 Space Programs: Authorization ............... 85

Table A-8. Congressional Action on Selected FY2013 Space Programs: Appropriation .............. 86

Table A-9. Congressional Action on Selected FY2014 Aircraft and Long-Range Missile

Programs: Authorization ............................................................................................................. 87

Table A-10. Congressional Action on Selected FY2014 Aircraft and Long-Range Missile

Programs: Appropriation ............................................................................................................ 91

Appendixes

Appendix. Selected Program Funding Tables ................................................................................ 73

Contacts

Author Contact Information........................................................................................................... 95

Key Policy Staff ............................................................................................................................. 95

Congressional Research Service

Defense: FY2014 Authorization and Appropriations

Most Recent Legislative Action

On December 11, 2013, Representative Paul C. Ryan and Senator Patty Murray, chairs of the

House and Senate budget committees, respectively, and co-chairs of the group appointed to

develop a budget compromise to avoid a sequester in mid-January 2014, introduced the

Bipartisan Budget Act of 2013, which raises defense and nondefense budget spending limits

under the Budget Control Act (BCA) for FY2014 and FY2015.1 On December 12, 2013, the

House passed the proposal as an amendment to H.J.Res.59, the Continuing Appropriations Act of

2014, by a vote of 332-94. The Senate passed the bill on December 18, 2013, by a vote of 64-36

and President Obama signed it into law on December 26, 2013.

For FY2014, the bill raised the original BCA budget limit for National Defense (budget function

050) by $22 billion to a total of $520 billion, or $2 billion above the level set in the Continuing

Resolution (CR) of 2014.2 For the Department of Defense (DOD), the new FY2014 limit was set

at $497 billion rather than the current limit of $476 billion, just above the CR. If Congress

extended the current CR level for the full year at these new limits, then there would be no

sequester in January 2014. For DOD, the new limits would essentially be a nominal freeze,

setting DOD spending at $2 billion above the FY2013 post-sequester level. The House and

Senate Appropriations Committees are drafting FY2014 funding bills for DOD and other agencies

that would conform to the newly revised budget caps.

For FY2015, the new budget limit for National Defense would be $523 billion, or $9 billion

above the current $512 billion limit. Similarly, for DOD, the new FY2015 limit would be $498

billion compared to $489 billion in current law, or $9 billion higher than the current limit, and $1

billion above the new limit for FY2014. In later years, budget limits would be the same as current

levels. Altogether, over the FY2012-FY2021 decade, National Defense spending would total

$5.447 trillion, or $32 billion (or 6%) above the current limit. DOD spending would total $5.206

trillion rather than $5.176 trillion, a $30 billion or 6% increase over current limits. 3

In addition to these changes in budget limits, the Bipartisan Budget Act also reduces the cost of

living adjustments (COLAs) provided to military retirees under the age of 62 from the Consumer

Price Index (CPI) to the CPI less 1% while also increasing contributions to retirement by new

federal retirees. Military retirees would receive a “catch-up” increase at age 62 that would raise

their benefit level to an amount including full CPI adjustments for each year when they received

1

H.J.Res. 59.

Section 101(a)(3) in P.L. 113-46, H.J.Res. 59.

3

CRS calculations based on Section 101(a) in the Bipartisan Budget Act of 2013 as introduced, OMB, OMB, “Final

Sequestration Report to the President and Congress for Fiscal Year 2013,” April 9, 2013; http://www.whitehouse.gov/

sites/default/files/omb/assets/legislative_reports/sequestration/sequestration_final_april2013.pdf; OMB, FY2014

Budget, Analytical Perspectives, Table 31-1; http://www.whitehouse.gov/sites/default/files/omb/budget/fy2014/assets/

31_1.pdf. The budget limits set for FY2014 and FY2015 reflect post-sequester levels and those for FY2016-FY2021

reflect pre-sequester levels; see Section 101 in Senate Budget Committee, “Section By Section Analysis of Bipartisan

Budget Act;” http://www.budget.senate.gov/democratic/index.cfm/files/serve?File_id=9d3728aa-cf0a-4ddf-bfd4d02ed4de570f. See also see Section 111 (b)(10(B) which states that the new discretionary limits would not be lowered

by an OMB calculation of a reduction to caps.

2

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reduced COLAs. and then receive full CPI adjustments after that.4 According to CBO, this change

would save the Department of Defense $6.235 billion over the decade.5

This CPI adjustment would apply to nearly all military retirees including those receiving military

disability benefits and to people receiving survivor benefits.6 (This provision would not affect

“REDUX” military retirees who already receive reduced COLAs of the CPI minus 1% in return

for receiving a $30,000 bonus at 15 years of service.) Some Members have raised concerns about

this reduction in retiree benefits. If enacted, this proposal could be re-considered at a later date

since it does not go into effect until December 1, 2015.7

There are several potential scenarios that Congress may face in January 2014. On January 15,

2014, the current CR (P.L. 113-46) lapses so Congress needs to either extend the current CR or

pass individual or an omnibus appropriations act to avoid a government shutdown. To avoid a

sequester, Congress needs to appropriate defense spending that complies with BCA limits that are

in effect.

If the new limits are adopted, and if Congress provides defense spending at the current CR for the

full year, then there would be no sequester because the new defense limit matches the CR.

According to press reports, the Department of Defense is currently spending at that level. If

Congress adopts the new limits but provides defense appropriations that exceed BCA limits,

however, then OMB would levy a sequester to ensure compliance with BCA limits.

Under current BCA spending limits (without assuming passage of the Bipartisan Budget Act of

2013), a sequester would reduce defense spending by $20 billion, about 3.8% overall in midJanuary 2014 to bring appropriations into compliance with the BCA. (The percentage cut to

affected accounts, excluding exempted military personnel, would be about 5.8%.) This estimate

reflects the amount by which the current CR exceeds the estimated $476 billion cap set in the

Budget Control Act.8 If the new limits are adopted and matched by appropriations, the threat of a

sequester would disappear.

In other words, to the extent that defense appropriations breach or exceed whatever BCA limits

are in effect, OMB must levy a sequester of whatever size is necessary to ensure compliance with

BCA limits.9

4

See Section 403 of the Bipartisan Budget Act of 2013 as introduced. The CPI-W tracks price changes for urban

consumers; see http://www.bls.gov/news.release/cpi.nr0.htm.

5

CBO, “Bipartisan Budget Act of 2013 as posted on the House Rules Committee website, December 10, 2013,”

December 11, 2013; http://www.cbo.gov/sites/default/files/cbofiles/attachments/

Bipartisan%20Budget%20Act%20of%202013.pdf.

6

H.J.Res. 59 amends Title 10, Section 1401a(b), which sets COLAs for both military retirement and survivor benefits.

7

See Section 403 (c) of H.J.Res. 59 as passed by the House.

8

H.R. 2775/P.L. 113-46 set the FY2014 Continuing Resolution spending at the FY2013 enacted level with

sequestration. CBO estimated that post-sequester level as $518 billion in “CBO’s Estimate of Discretionary Budget

Authority for Fiscal Year 2013, Showing Amounts for Defense and Nondefense Programs,” supplementing Table 3 in

Updated Budget Projections: Fiscal Years 2013 to 2023, May 2013. The FY2014 defense caps is shown as $497 billion

in Table 1-5, “Discretionary Spending Projected in CBO’s Baseline,” in The Budget and Economic Outlook: Fiscal

Years 2013 to 2023, February 2013; http://www.cbo.gov/sites/default/files/cbofiles/attachments/43907BudgetOutlook.pdf.

9

If the current level of appropriations breaches caps set in budget law, 2 U.S.C. §901 (§251 of the Deficit Control Act

of 1985) requires that there be a sequestration within 15 calendar days after Congress adjourns to “eliminate a breach

within that category . . . “ Since the Constitution requires that a new session start by January 3 of each year, the latest a

(continued...)

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In action on the FY2014 National Defense Authorization Act (NDAA), on December 12, 2013,

the House, by a vote of 350 to 69, passed H.Res. 441, which adopted H.R. 3304, effectively a

conference version of the FY2014 National Defense Authorization Act. The Senate passed the bill

on December 19, 2013, by a vote of 84-15 and the President signed it into law on December 26,

2013.

Earlier, on October 17, 2013, the FY2014 Continuing Resolution (CR, P.L. 113-46) appropriated

funds allowing the DOD and all other federal agencies to resume their normal operations through

January 15, 2014, after a 16-day government shutdown went into effect because no FY2014

appropriations had been provided for the new fiscal year. In general, the CR allows DOD and

other agencies to spend—during that period—at the rate at which each appropriations account

was funded by P.L. 113-6, the FY2013 Consolidated and Further Continuing Appropriations Act,

taking into account the amount sequestered by the March 1, 2013, OMB order mandated by the

Budget Control Act, enacted in 2011 (P.L. 112-25).10 For DOD, the current CR provides about

$495 billion.

Before passage of the CR, DOD, like most other agencies, was subject to a lapse in

appropriations during which agencies are generally required to shut down because Congress had

not acted on legislation to fund the federal government in FY2014 prior to the start of the fiscal

year on October 1, 2013. The Office of Management and Budget (OMB), however, identified a

number of exceptions to the requirement that agencies cease operations, including a blanket

exception for activities that “provide for the national security.”

As a result, during the lapse in appropriations, some DOD personnel were “excepted” from

furloughs, including all uniformed military personnel and some civilians, while other civilian

DOD employees were furloughed and, thus, not permitted to work. Normally, “excepted” military

and civilian personnel would continue to work but would not be paid until after appropriations are

provided by law. Shortly before and during the shutdown, however, Congress passed and the

President signed into law two pieces of legislation that appropriated funds to pay all active-duty

military and some DOD civilian personnel costs in the absence of an enacted appropriation, and

to provide death gratuities:

•

The Pay Our Military Act (P.L. 113-39; H.R. 3210), signed by the President on

September 30, 2013, provided funds to pay all active-duty military personnel,

most DOD civilians and possibly some private sector employees working for

DOD;

•

The Honoring the Families of Fallen Soldiers Act, (P.L. 113-44; H.J.Res. 91),

signed by the President on October 10, 2013, provided funds to pay death

gratuities to survivors of military personnel who die while on active duty.

(...continued)

FY2014 sequester could occur would be January 18, 2014 assuming the previous session ended at midnight January 2,

2014.

10

As typically has been the case with continuing resolutions in recent years, the FY2014 act funded activities for a time

certain (in this case, through January 15, 2014) under a formula commonly referred to as a “funding rate.” Under a

funding rate, the amount of budget authority available for an account is calculated as the total amount of budget

authority annually available based on a reference level (in this case, the post-sequester amounts resulting from the

FY2013 consolidated appropriation bill), multiplied by the fraction of the fiscal year for which the funds are made

available by the continuing resolution—in this case, about 24.6% (90 days out of a 366-day fiscal year that includes the

29-day February of a leap year).

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DOD Operations During a Government Shutdown

For information and analysis of the impact on DOD of a lapse of appropriations, including an analysis of special DODrelated legislation that operated during the funding lapse in the fall of 2013 during the period October 1-October 17,

see CRS Report R41745, Government Shutdown: Operations of the Department of Defense During a Lapse in

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

For military activities of the Department of Defense that are covered by the FY2014 National

Defense Authorization Act (NDAA), the Obama Administration requested authorizations for

discretionary budget authority (BA) totaling $632.7 billion, including the following:

•

$526.6 billion for the so-called “base budget”—that is, for costs not associated

with combat activities;

•

$80.7 million for war costs, officially designated overseas contingency operations

(OCO);

•

$18.9 billion for defense-related nuclear energy programs conducted by the

Department of Energy; and

•

$7.4 billion for other defense-related activities. (See Table 3).

For DOD’s base budget, both the version of the FY2014 NDAA passed by the House (H.R. 1960)

and the version of the bill reported by the Senate Armed Services Committee on June 20, 2013,

(S. 1197), differ from the President’s overall request by less than $50 million. The House bill,

passed by a vote of 315-108 on June 14, 2013, would authorize hundreds of millions of dollars

more than requested for various purposes, including a military pay raise, shipbuilding, and

ballistic missile defense. However, that gross increase was almost entirely offset by several

reductions which, according to the House Armed Services Committee, would have no adverse

impact on DOD programs because—in each of the affected accounts—previously appropriated

funds could be used in lieu of the requested new budget authority.

For war costs—designated as OCO—S. 1197, reported by the Senate committee on June 20,

2013, would make few changes to the Administration’s request. The House-passed bill, on the

other hand, would add $5.4 billion to the request.

On Dec. 26, 2013, the President signed into law H.R. 3304, a compromise version of the FY2014

NDAA, which authorized nearly the amount originally requested by the Administration. (See

Table 1 and Table 9)

For analysis of congressional action on the authorization bill, see the section of this report entitled

“FY2014 National Defense Authorization Act.”

For the FY2014 DOD Appropriations bill, which funds all discretionary DOD military programs

except military construction, the Administration requested a total of about $589.5 billion11 for the

base budget and OCO, combined. The version of the bill passed by the House on June 24, 2013,

11

Summary tables in House and Senate Appropriations Committees’ reports on their respective versions of the FY2014

DOD appropriations bill differ slightly in their presentations of the Administration request. Most of the difference

reflects the committees’ different treatments of an Administration proposal to rescind $1.28 billion appropriated in

FY2013. For additional detail, see text box “Differing Presentations of FY2014 Budget Request,” below.

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would make a net reduction of about $4.2 billion to the request while the version reported by the

Senate Appropriations Committee (S. 1429) would make a net reduction of about $2.2 billion.

For analysis of congressional action the defense appropriations bill, see the section of this report

entitled “FY2014 DOD Appropriations Bill.”

Table 1. FY2014 National Defense Authorization Act

(H.R. 1960; S. 1197; H.R. 3304)

Subcommittee

Markup

House

5/2223/2013

House

Report

on H.R.

1960

Senate

H.Rept.

113-102

6/1213/2013

6/7/2013

House

Passage

of H.R.

1960

315-108

6/14/2013

Senate

Report

on S.

1197

S.Rept.

113-44

6/20/2013

Approval of

H.R. 3304a

House

Senate

Public

Law

350-69

84-15

12/12/2013 12/19/2013

Notes: An explanatory statement on the compromise bill, functionally equivalent to a conference report, was

printed as “Joint Explanatory Statement to Accompany the National Defense Authorization Act for Fiscal Year

2014,” House debate, , Congressional Record, daily edition, vol. 159 (December 12, 2013), pp. H7894-H8037.

a.

In lieu of a formal conference committee to reconcile House and Senate versions of the FY2014 NDAA,

members of the House and Senate Armed Services Committees, meeting informally, negotiated a

compromise version of the bill. To expedite Senate action on that final version of the bill, the negotiated

text was passed by the House and Senate as an amendment to a bill (H.R. 3304) that had been passed by

each chamber with slightly different form. The votes recorded in these columns had the practical effect of

approving the final version of the NDAA.

Table 2. FY2014 DOD Appropriations Bill

(H.R. 2397; S. 1429)

Subcommittee

Markup

House

6/5/2013

Senate

Conference Report

Approval

House

Report

House

Passage

Senate

Report

H.Rept.

113-113

315-109

S.Rept.

113-85

6/12/2013

6/24/2013

8/1/2013

Senate

Passage

Conf.

Report

House

Senate

Public

Law

Budgetary Context: BCA Spending Caps

FY2014 is the third consecutive year for which Congress and the President have had to come to

terms with the spending caps that were set in law by the BCA for each year in the decade

FY2012-FY2021.12 Enacted in 2011 to resolve the impasse that summer about raising the debt

limit, the BCA required reductions in discretionary spending totaling about $2.1 trillion through

12

For each year in the decade FY2012-FY2021, the BCA caps require roughly equal reductions (from a projected

baseline) in appropriations for defense agencies and non-defense agencies. From FY2013 onward, the category of

“defense” agencies is defined, for purposes of this law, as being those agencies funded in the “National Defense”

budget function (Function 050). The Department of Defense typically accounts for more than 95% of spending in

Function 050. See the text box, “Estimated impact on DOD of Budget Caps,” below.

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FY2021 in return for raising the debt limit by the same amount. A first tranche of reductions

amounting to $900 billion—half of which came from National Defense agencies (primarily DOD

but also including Department of Energy and other defense-related activities in other agencies)—

was reflected in the Administration’s FY2013 budget, which complied with initial caps set in the

BCA. Additional reductions of $1.2 trillion, also falling equally on defense agencies and

nondefense agencies—are to be achieved through a sequester in FY2013 and by automatic

reductions to appropriations that would apply each year between FY2014 and FY2021 unless

enacted appropriations in any year meet that year’s BCA limits. To the extent that annual

appropriations exceed or breach the BCA caps, a sequester would reduce funding to the level of

the caps by across-the-board cuts.

President Obama sent Congress his FY2014 budget request on April 10, 2013, more than two

months later than the legally prescribed date for submission of the budget. Uncertainties

surrounding the final outcome of the legislative battle over appropriations for the preceding year

accounted for the delay. The FY2013 appropriations for DOD and all other federal agencies were

not enacted until March 26, 2013, when the President signed the Consolidated and Further

Continuing Appropriations Act of 2013 (H.R. 933/P.L. 113-6). The amounts specified in that

legislation were not final but, rather, were the points of departure for further reductions (by a

process of “sequestration”) required to comply with the Budget Control Act of 2011 (BCA),

which was enacted on August 2, 2011 (P.L. 112-25).13 BCA caps apply only to the defense base

budget, not to OCO funding.

If current law had not been amended by the Bipartisan Budget Act of 2013 to change the BCA

spending caps, the Administration’s $552 billion national defense budget request for FY2014

(excluding war costs) would have to be reduced by $53.8 billion (about 9.8%) to a total of $498.1

billion in order to comply with BCA limits. If defense appropriations exceeded the BCA limit,

they would have been reduced to the BCA level by an across-the-board sequester to currently

appropriated levels that would begin in early to mid-January 2014.

Although the President’s FY2014 national defense budget request does not meet the defense

limits originally set in the BCA that would avoid a sequester under current law, the

Administration argues that the President’s budget would achieve—through a combination of

revenue increases and reductions to entitlement programs—the $1.2 trillion total reduction

through FY2021 that would result from the annual BCA caps. As a part of the Administration’s

overall program, the BCA would be amended to defer application of the spending caps, thus

accommodating the President’s FY2014 defense budget request.14

Consistent with the President’s budget request, the House-passed FY2014 budget resolution

(H.Con.Res. 25) proposed $552 billion for national defense (excluding war costs). Subsequently,

the House Appropriations Committee reported—and the House passed—the three appropriations

bills that would provide defense funding up to that level: Defense (H.R. 2397, passed July 24,

315-109), Energy and Water (H.R. 2609, passed July 10, 227-198), and Military ConstructionVeterans Administration (H.R. 2216, passed June 4, 421-4).

13

The reductions pursuant to the BCA were mandated by the Office of Management and Budget (OBM) sequestration

order of March 1, 2013.

14

See chapter entitled “Reducing the Deficit in a Smart and Balanced Way” in OMB, The Budget of the United States

Government, FY2014; http://www.whitehouse.gov/sites/default/files/omb/budget/fy2014/assets/reducing.pdf.

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To achieve the FY2014 savings mandated by the BCA, the House budget resolution proposes

higher cuts to nondefense spending as well as changes to entitlement programs which would

bring discretionary spending for the year to $967 billion, the discretionary total allowed by BCA.

But, within that total, the BCA establishes separate limits (or caps) for defense and nondefense

spending. The House-recommended defense levels exceed the BCA defense cap so, if they were

to become law, a 9.8% sequester cut would be levied in January 2014, unless Congress amended

the BCA to change the currently binding limits.

Similarly, the Senate’s FY2014 budget resolution (S.Con.Res. 8) sets the total for national

defense at $552 billion—as requested by the President—and the defense-related bills reported by

the Senate Appropriations Committee are consistent with this level. Like the House budget

resolution, the Senate measure assumes that BCA’s limit on overall discretionary spending for

FY2014 would be met. In contrast to the House resolution, however, the Senate resolution

proposes to compensate for defense spending above the BCA level with a combination of revenue

increases and entitlement spending reductions similar to those proposed by the Administration.

However, if the level of national defense spending allowed by the Senate resolution were to be

enacted, there would have been a $53.8 billion sequester cut to discretionary spending in early

January 2014—if the original BCA caps had not been amended by law.

Estimated DOD Impact of Budget “Caps”

The Budget Control Act of 2011 (P.L. 112-25) and the annual congressional budget resolutions all set discretionary

spending caps for “budget functions”—broad categories of activity that encompass all relevant funding, regardless of

the agency performing the activity. The “National Defense” function (Function 050) encompasses military functions of

DOD (i.e., it excludes the domestic public works program of the Army Corps of Engineers) as well as defense-related

activities of the Department of Energy and other agencies. In recent years, DOD funding has accounted for about

96% of the Function 050 total.

To analyze the implications for DOD funding plans of the legally binding BCA spending cap on the broader National

Defense category, CRS estimated the DOD share of the Function 050 funding cap for each future year in the BCA

and in any congressional budget resolution. In this report, those estimates are arrived at by using data from the Office

of Management and Budget (OMB) to determine for each year in the period FY2014-FY2021 what percentage of the

Administration’s projected Function 050 budget request consists of the projected DOD request. For purposes of this

analysis, it is assumed that DOD spending would account for the same share of Function 050 spending in that year.

The data from which this report calculates an imputed DOD share of Function 050 caps are in OMB’s FY2014:

Analytical Perspectives, Budget of the U.S. Government, Table 32-1 “Policy Budget Authority and Outlays by Function,

Category, and Program,” accessible at http://www.whitehouse.gov/omb/budget/Analytical_Perspectives.

Sequestration Flexibility in FY2014 and FY2013 Experience

DOD officials have contended that sequestration would have serious adverse impacts on the

services’ combat readiness and modernization not only because of the size of the funding cuts

required but also because of the relatively arbitrary way in which the reductions are made.15 In a

fiscal year in which a sequester is triggered to reduce spending to the levels enacted in the BCA,

by law the reduction must be achieved by cutting a uniform percentage from the “budgetary

resources” of every program, project, and activity (PPA) in every budget account, except for those

budget accounts and PPAs that, by law, either are exempt from a sequester or are subject to a

special sequester rule. “Budgetary resources” include new budget authority for both the base

15

Testimony before the House Armed Services Committee by Undersecretary of Defense Ashton B. Carter and Vice

Chairman of the Joint Chiefs of Staff, Adm. James A. Winnefeld, “Hearing on the Defense Strategic Choices and

Management Review,” August 1, 2013.

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budget and OCO and budget authority appropriated in previous fiscal years but not yet

obligated.16

The sequestration process allows DOD some flexibility in implementing a sequester in ways that

DOD used to limit the impact on readiness, investment accounts, and war funding in FY2013 and

which might have similar results if sequestration were to be required for FY2014:

•

The President has authority to exempt the military personnel accounts from a

sequester, as he did in FY2013 and as OMB informed Congress on August 9,

2013, he will do, should a sequester occur in FY2014.17 Exercising this option

could allow DOD to avoid involuntary separations of military personnel, but does

not reduce the total amount that must be sequestered from DOD funds and, thus,

entails correspondingly larger cuts from other DOD accounts.

•

House and Senate conferees on the FY2013 Consolidated and Further Continuing

Appropriations Act (P.L. 113-6) defined as a single PPA the entire Operation and

Maintenance (O&M) account of each service and reserve component.18

Therefore, DOD has considerable flexibility in allocating cuts within those

relatively large blocks of money. So, DOD could make proportionally larger

reductions in some O&M-funded activities—facilities maintenance and training,

for example—in order to allow proportionally smaller reductions in other O&Mfunded activities such as operational training or support for front-line combat

units.

•

DOD could avoid or minimize sequestration cuts in funds for war operations in

Afghanistan because, although Congress authorizes and appropriates separate

amounts for base budget funding and OCO funding, most funding of both sorts is

co-mingled in the PPAs that are subject to sequestration. Thus a service could

reduce its O&M funding for OCO by a proportionately smaller fraction provided

it was offset by a proportionately larger reduction in the service’s base budget

O&M spending. DOD did, however, choose to reduce OCO funding by $5.3

billion to meet the FY2013 sequester. This may have reflected a transfer into

OCO accounts in mid-May 2013 to meet unanticipated higher needs (see

below).19

16

See CRS Report R42972, Sequestration as a Budget Enforcement Process: Frequently Asked Questions, by (name

redacted).

17

See OMB notification letter at http://www.whitehouse.gov/sites/default/files/omb/legislative/letters/militarypersonnel-letter-biden_080913.pdf.

18

The House and Senate came to agreement on the enacted version of the bill through a process of sequential

amendments rather than by a formal conference committee, so—technically speaking—there was no conference report,

in which conferees could elaborate (in a so-called “joint explanatory statement”) on their intent in drafting the law.

Nevertheless, the terms of the final bill were the product of negotiations between House and Senate conferees who

drafted a “joint explanatory statement” which they inserted in the Congressional Records of March 6, 2013, and March

11, 2013. The definition of each O&M account as a single PPA is found at Congressional Record, March 6, 2013, p.

H1029 and Congressional Record, March 11, p. S1316.

19

CRS analysis of DOD, “May 2013 Prior Approval Request, Reprogramming Action, FY13-09,” approved May 17,

2013; see http://comptroller.defense.gov/execution/reprogramming/fy2013/prior1415s/1309_PA_May_2013_Prior_Approval_Request_Implemented.pdf; and CRS analysis of OSD,C table, “DOD Base and

OCO funding by account as appropriated, and post-sequester,” November 2013.

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•

In some of DOD’s investment accounts, unobligated balances of funds

appropriated in earlier budgets were reduced by proportionally larger amounts to

allow proportionally smaller reductions to newly appropriated budget authority.

Among the 21 procurement accounts, budget authority appropriated for FY2013

was cut by an average of 5.2% while unobligated funds were cut by an average of

11.2%.20 Since DOD budget authority appropriated for procurement and most

other activities expires if not obligated within a certain number of years,

sacrificing older budget authority allowed DOD to retain more budget authority

that would be available for a longer period.

•

After sequestration, DOD could and did use established reprogramming

procedures, which require prior approval by the congressional defense

committees in some cases, to shift funds among accounts. In May 2013, the

department requested congressional approval of reprogrammings that shifted

nearly $9 billion to meet more essential expenses by tapping funds that had been

appropriated to other programs.21 This included shifting some $5.1 billion of

OCO funding, about $3.0 billion of which came from cancelled lower priority

OCO needs, with the remainder from the base budget.22

Sequestration Alternatives in FY2014

In recent months, many observers, including DOD witnesses and some Members of Congress,

have raised particular concerns about sequesters, arguing that because they require largely acrossthe-board cuts to programs, this would not reflect priorities in defense spending. One way to

avoid a sequester would be if both houses of Congress passed a budget resolution that amended

the BCA caps and achieved savings elsewhere.

Alternatives under Current Law

If current budget law is not changed, however, there are still several ways that the Administration

and Congress could avoid a sequester in FY2014 or later years of the decade. These include:

•

Congress could appropriate amounts for defense that meet the lowered cap of

$498 billion for FY2014 before a sequester would go into effect. This could

reflect a joint budget resolution passed by both houses of Congress that would

presumably be followed by new 302(a) allocations of overall discretionary

budget authority and new 302(b) suballocations to individual appropriations

subcommittees. With the current CR (P.L. 113-46) slated to expire on January 15,

2014, Congress might pass individual appropriations bills, an omnibus funding

bill, or another CR by that time.23

20

Capital Alpha, “FY13 Sequestration Cuts Applied Unevenly With Some Surprises,” June 18, 2013,

http://www.capalphadc.com/wp-content/uploads/2013/06/2013-06-18-sequester-surprises.pdf.

21

Inside Defense, “Draft Reprogramming would Shift $9 Billion, Cut $4 Billion From Modernization,” May 16, 2013.

22

CRS analysis of DOD, “May 2013 Prior Approval Request, Reprogramming Action, FY13-09,” approved May 17,

2013; see http://comptroller.defense.gov/execution/reprogramming/fy2013/prior1415s/1309_PA_May_2013_Prior_Approval_Request_Implemented.pdf; and CRS analysis of OSD,C table, “DOD Base and

OCO funding by account as appropriated, and post-sequester,” November 2013.

23

Within 15 days of the end of a congressional session, budget law requires that OMB to determine whether budget

(continued...)

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•

Section 258B of the Deficit Control Act of 1985 allows the President to submit a

report, within five calendar days of the beginning of a new session, detailing an

alternative way to meet the defense sequester caps (i.e., a spending plan that

would reduce outlays by the same total amount that would result from an acrossthe board sequester). Congress would consider a resolution approving the

alternative plan within five calendar days, under expedited procedures that would

preclude a Senate filibuster.

Legislative Proposals

Bills have been introduced that would provide additional flexibility for DOD (and other agencies,

in some cases) to meet lower BCA caps by setting higher transfer caps that DOD could use after a

sequester went into effect in order to ensure that its higher priority programs were protected.

Introduced by Representatives Cooper and Ryan on July 31, 2013, H.R. 2883, the Defense

Flexibility Act, would permit the Secretary of Defense to transfer funds into an account as

necessary to meet “urgent national priorities” up to the amount sequestered in that account. The

transfer language in the bill states:

(b) Transfer Authority- In addition to any transfer authority otherwise available, and subject

to subsections (c) and (d), of the amounts appropriated to the Department of Defense in any

of fiscal years 2014 through 2021, the Secretary of Defense may transfer any appropriation

subject in such a fiscal year to reduction under a sequestration order issued pursuant to

section 254 of the Balanced Budget and Emergency Deficit Control Act of 1985 between

such appropriations, to address an urgent national priority or the consequences of a national

emergency resulting from such sequestration, as determined by the Secretary of Defense.

(c) Limitation- The amount transferred to an appropriation under subsection (b) shall not

exceed the amount by which such appropriation is reduced under the sequestration order

referred to in such subsection.24

Some Members may raise concerns that this bill would undermine congressional prerogatives to

set funding priorities because the amount of transfer authority could be substantially higher than

current annual limits for DOD transfers: $4 billion for the base budget and $3.5 billion for OCO

spending in FY2013.25

A second alternative, S. 465, introduced by Senator Collins last March, would give all agencies

flexibility to propose an alternative to the FY2013 sequestration that would meet the caps. The

bill requires that this “notice of implementation” be submitted to their respective authorization

and appropriation committees for approval before going into effect. Including such a requirement

could be unconstitutional because it would constitute a legislative veto. If agencies voluntarily

(...continued)

caps are breached and if necessary, order a sequestration. Since the Constitution requires that Congress meet on

January 3 of each year (unless an alternate date is set), the latest date that the old congressional session could end

would be midnight January 2. This would mean that a breach determination for FY2014 could be made as late as

January 18, 2014. CRS Report R42977, Sessions, Adjournments, and Recesses of Congress, Sessions, Adjournments,

and Recesses of Congress, by (name redacted) and (name redacted).

24

H.R. 2883.

25

Joint Explanatory Statement, Congressional Record, March 11, p. S1520 and S1543.

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submitted such proposed changes, as occurs in current reprogramming and transfers, that would

be permissible. S. 465 also would give DOD additional flexibility in multiyear contracts and

changes in production rates if a CR limiting those changes is still in effect.26

DOD Forecast of FY2014 BCA Impact

In a July 10, 2013, letter to Senate Armed Services Committee Chairman Carl Levin and senior

committee Republican James M. Inhofe, Defense Secretary Chuck Hagel predicted “serious

adverse effects” on DOD if its FY2014 base budget were reduced by $52 billion from the amount

requested to comply with the BCA cap on defense spending for that year.27

In the letter—written in response to the two Senators’ request—Secretary Hagel said his

projections assumed that the entire $52 billion reduction would be applied to the $526.6 billion

base budget request, with the $79.4 billion OCO request held harmless. The projection also

assumed that DOD would be given a free hand to allocate the reduction, rather than applying the

sequestration formula of program-by-program cuts. Even making those assumptions, Hagel

asserted, “the cuts are too steep and abrupt to be mitigated by flexibility, no matter how broadly

defined.”

Secretary Hagel described the five-page document presenting the projected BCA impact as a

“high-level summary” of an early version of DOD’s approach to accommodating lower annual

budgets than the Administration had projected. He said it was “guided by” inputs from the armed

services and by preliminary results of a Strategic Choices and Management Review (SCMR)—a

DOD-wide assessment Secretary Hagel had ordered to develop budget projections for FY2015FY2019 that would try to adhere to the Administration’s strategic goals at lower funding levels

than those currently projected.

Following are some of the negative consequences that Secretary Hagel predicted if DOD were

required to cut the President’s FY2014 DOD base budget request by $52 billion—nearly 10%:

•

The reduction in military personnel spending likely would be disproportionately

small—that is, appreciably lower than 10%—because the savings in military pay

that would result from involuntary separation of military personnel would be

largely offset by the cost of severance payments for those with more than six

years of service, according to DOD.

•

To cut military personnel costs by 10% would require what Secretary Hagel

described as “an extremely severe package of ... actions” including halting the

intake of any new personnel, ending all transfers from one base to another, and

freezing promotions.

•

While DOD would minimize cuts to those operation and maintenance (O&M)

costs most directly tied to training and combat readiness, it would impose civilian

hiring freezes and reduce scheduled maintenance of facilities, as it had done in

26

http://www.congress.gov/cgi-lis/query/z?c113:S.465: This interpretation reflects consultation with CRS procedural

experts.

27

Defense Secretary Hagel’s July 10 letter is available on the website of Senate Armed Services Committee Chairman

Carl Levin, at http://www.levin.senate.gov/newsroom/press/release/dod-responds-to-levin-hagel-request_for-guidanceon-defense-budget-cuts/?section=alltypes.

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FY2013, and would have to consider laying off civilian employees, Secretary

Hagel said.

•

Because of the practical difficulties in applying a proportionate reduction to

military personnel costs, accounts funding procurement, R&D, and military

construction likely would take disproportionately large cuts, with individual

projects subject to reductions of 15% or 20%, he said.

BCA Impact on DOD as FY2014 Begins

On September 30, 2013, Deputy Defense Secretary Ashton B. Carter said that the department

would begin operating in FY2014—starting October 1, 2013—as though its FY2014 budget were

limited by the BCA cap and, thus, was more than $50 billion lower than the President’s FY2014

request:

Last year [FY2013], we didn’t start the fiscal year executing as though we had sequester,

because we were ready to do so, but we didn’t want to start until we had to, because

operating under sequester is harmful. It wasn’t until January [2013], after the Christmas deal

collapsed last year, that we began to execute—that is, to curb spending—in recognition of

the fact that sequester was then ... likely to kick in.

Once again, this year, it’s looking like we need to be ready to go. And so our plan is to begin

the fiscal year executing at the [BCA] cap levels, because it’s much easier to start that way

and then ramp up your expenditure later in the year [if the caps are lifted] than it is to go the

other way.28

More recently, after passage of the FY2014 CR setting defense spending levels at the FY2013

level, or some $30 billion below the request but $20 billion above the BCA caps, DOD

Comptroller Robert Hale announced that DOD would be spending at—or slightly below—the CR

level.29

In recent testimony to House and Senate committees, DOD witnesses have argued that there

could be a variety of negative effects, particularly in terms of readiness and maintaining current

planned procurement schedules, if BCA budget caps remained in effect. Witnesses have also

raised concerns that a year-long CR, which pegs funding levels to FY2013 levels, would create

problems because of year-to-year program changes.

DOD FY2013 Post-Sequester Funding and the FY2014 Request

The FY2013 DOD sequester totaled $37.2 billion, including $32.0 billion cut from its base

budget and $5.3 billion from OCO BA. The sequester tapped all available DOD BA except

military personnel accounts. Available BA included not only new BA appropriated in FY2013 in

the Consolidated and Continuing Appropriations Act of 2013 (H.R. 933/P.L. 113-46), but also

prior year unobligated BA from previous years, reflecting the fact that BA in DOD’s investment

28

Deputy Secretary of Defense Ashton B. Carter, “Remarks on the U.S;-India Defense Partnership at the Center for

American Progress,” September 30, 2013, http://www.cq.com/doc/newsmakertranscripts-4353176.

29

Department of Defense Press Briefing by Secretary Hagel and Under Secretary Hale in the Pentagon Briefing Room,

October 17, 2013, http://www.defense.gov/transcripts/transcript.aspx?transcriptid=5321.

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accounts (procurement, RDT&E, and military construction) can be obligated (or placed on

contract) over several years.30

Compliance with budget caps is measured by budget authority (BA) or funding amounts as scored

by CBO. Scoring includes all cuts—both reductions to new FY2013 BA and rescissions which

cancel unobligated BA from prior years—because it reflects when legislative action is taken. As

scored, DOD’s FY2013 base funding totaled $495.2 billion after all sequester cuts.

Rescission of prior year unobligated balances, however, cancels BA that was provided for

programs in earlier years. Such reductions do not reduce resources available for current fiscal

year programs or activities. The total DOD FY2013 sequester to its base budget was $32.0 billion

including $26.2 billion in new BA cuts and $5.8 billion in rescissions of prior year unobligated

balances.31 So while DOD’s FY2013 post-sequester base budget funding is scored as $495.2

billion (including the full $32.0 billion reduction by sequester), funding available to carry out

FY2013 programs and activities totaled $501 billion (excluding the $5.8 billion rescission) (see

Table 5).

If DOD complies with the current FY2014 BCA caps, annual funding would decrease by an

additional $20 billion or about 4% from the FY2013 post-sequester level. BCA caps for defense

reach their lowest point for the decade in FY2014, increasing by roughly $10 billion annually

from FY2015 to FY2021, not quite sufficient to cover expected inflation.

Some observers would argue that the FY2013 sequester created harmful effects on readiness and

investment accounts and that additional spending is necessary to offset those effects. Others

might argue that providing for a one-year annual increase in FY2014 would undermine efforts

currently underway in the Department of Defense to determine the best way to accomodate lower

spending levels evident in the Strategic Choices and Management Review undertaken by

Secretary Hagel this summer.

FY2014 National Defense Budget Overview

32

The Obama Administration’s FY2014 budget request, submitted to Congress on April 10, 2013,

includes $641.12 billion for National Defense programs (budget function 050), including military

operations of the Department of Defense, defense-related nuclear energy programs conducted by

the Department of Energy, and other defense-related activities. Of that total, $625.15 billion is

requested for programs falling within the scope of the annual National Defense Authorization Act,

with the remainder either permanently authorized or falling outside the jurisdiction of the House

and Senate Armed Services Committees. (See Table 3.)

30

Availability (or life) varies with the type of account with two years for RDT&E accounts, three years for all

procurement accounts except shipbuilding available for five years, and five years fo military construction accounts.

31

CRS analysis based on table provided by DOD that segregates sequester cuts from unobligated and new FY13 BA

and by base and OCO BA.

32

In this section of the report, statements concerning the National Defense budget refer to OMB’s National Defense

“budget function”—designated function 050—which is one of several “functions” (or categories) intended to

encompass all relevant federal funding, regardless of the agency performing the activity. Function 050 includes funding

for military activities of DOD (i.e., not including Army Corps of Engineers public works) as well as the defense-related

activities of the Energy Department and other agencies. In recent years, DOD has accounted for about 96% of the

Function 050 total.

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The Administration’s budget includes $607.36 billion for discretionary DOD budget authority,

including $526.64 billion for “base” defense budget costs (day-to-day operations other than war

costs), and $80.72 billion for OCO—largely in Afghanistan. The Administration’s initial FY2014

budget presentation included “placeholder” totals for OCO funding. The actual OCO request for

that year was submitted to Congress as an addendum in May 2013.

Included in the DOD discretionary budget is $6.68 billion for the annual accrual payment to the

fund that underwrites payments from the so-called “TRICARE for Life” program to Medicareeligible military retirees. TRICARE is DOD’s medical insurance program.33

Also included in the $632.74 billion National Defense discretionary total is $17.96 billion for

defense-related programs of the Energy Department. This includes funds for renovation of the

existing nuclear weapons stockpile, environmental cleanup of past nuclear weapons work, and

work related to the development and construction of nuclear powerplants for warships.

The remaining $7.41 billion of discretionary funding for National Defense is requested for

defense-related activities in other agencies, the largest share of which ($4.80 billion) is for FBI

activity, including counterintelligence operations.

Table 3. FY2014 National Defense Budget Function (050); Administration Request

(budget authority in billions of dollars)

Discretionary

Funding

Mandatory

Funding

Department of Defense (DOD)

Base Budget

526.64

6.45

533.09

Department of Energy;

Atomic Energy Defense Activities

17.97

1.36

19.33

Department of Justice and

Other Defense-related Activities

7.41

0.60

8.01

National Defense, Base Budget

552.02

8.41

560.43

DOD Overseas Contingency Operations (OCO)

80.72

0.00

80.72

National Defense, Total

632.74

8.40

641.14

DOD Subtotal (Base Budget plus OCO)

607.36

6.45

613.81

Department

Total

Source: Based on Office of Management and Budget, Analytical Perspectives: Budget of the U. S. Government

(FY2014), Table 31-1; OCO data from DOD FY14 Budget, Overview, Addendum A: Overseas Contingency

Operations, May 2013.

Notes: Numbers may not add due to rounding The amounts summarized by the table include some funds that

are not covered by the annual legislation that authorizes and appropriates funds for DOD, which are the bills

that are the focus of this report. The “Mandatory” column includes certain offsetting receipts.

The Administration’s overall National Defense budget for FY2014 also includes $8.40 billion in

mandatory spending. The lion’s share of this amount—$7.13 billion—is the annual payment into

the military retirement fund to cover payments to retirees who have become eligible for additional

33

Although the TRICARE for Life accrual payment is “discretionary” funding and is authorized annually, the Ronald

W. Reagan National Defense Authorization Act for Fiscal Year 2005 (P.L. 108-375) provides a permanent, indefinite

appropriation to this fund each year of whatever amount is deemed necessary by a board of DOD actuaries.

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benefits in recent years as a result of legislation that has narrowed limitations on “concurrent

receipt” of both military retired pay and disability annuity from the Department of Veterans

Affairs.34

When President Obama submitted his FY2011 budget request in February 2010, he had projected

requesting for DOD’s base budget a total of $6.26 trillion in discretionary budget authority over

the 10-year period FY2011-FY2020. The Administration reduced its DOD funding projections in

each of the three succeeding budgets. (See Figure 1and Table 4.)

Figure 1. Successive Administration DOD Budget Plans, FY2011-FY2014

(amounts of budget authority in billions of current dollars)

800

700

600

FY2011 budget plan

500

FY2012 budget plan

FY2013 budget plan

400

FY2014 budget plan

300

Reduced BCA caps

(current law)

200

100

0

2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023

Sources: Data for FY2012, FY2013, and FY2014 budget plans from DOD Comptroller, National Defense Budget

Estimates for FY2014 (The Green Book), Table 1-12, “Discretionary Budget Authority for Past Defense Budgets to

the Present as reported by OMB.” Data for FY2011 budget plan from OMB, Analytical Perspectives: Budget of the

U.S. Government, Fiscal Year 2011, Table 32-1, “Policy Budget Authority By Function, Category, and Program.”

Note: Implication for DOD of the Budget Control Act of 2011 (P.L. 112-25) is a CRS estimate.

The 10-year plan accompanying DOD’s FY2012 budget request incorporated $178 billion of

“efficiencies” that were to be realized in the first five years of that period. Enactment of the

Budget Control Act in 2011, however, created a new frame of reference that has shaped much of

34

For background, see CRS Report R40589, Concurrent Receipt: Background and Issues for Congress, by (name red

acted).

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the subsequent debate over DOD budgets, with the FY2012 request serving as a baseline against

which subsequent reductions have been measured.

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Table 4. DOD Budget Plans and BCA Caps

(amounts in billions of dollars of discretionary budget authority)

2012

2013

2014

2015

2016

2017

2018

2019

2020

2021

Total

20122021

FY2012

Budget

Plan

553.03

570.73

586.35

598.17

610.58

621.57

632.76

644.15

655.74

667.54

6,140.61

n/a

Estimated

BCA Cap

530.36

495.20

475.07

487.95

498.12

509.97

522.36

534.74

548.07

561.41

5,163.23

977.38

FY2013

Budget

Plan

530,55

525,43

533,55

545,93

555,91

567,34

579,29

592,396

605,43

617,91

5,653.39

486.88

FY2014

Budget

Plan

530.42

525.43

526.62

540.84

551.37

559.97

568.57

577.15

586.73

596.30

5,563.39

577.22

Additional Reduction (from FY2012 Total) Required

to Meet BCA Cap Total

400.16

Sources: Data for FY2012 and FY2014 DOD budget plans are from DOD Comptroller, National Defense Budget

Estimates for FY2014 (The Green Book), Table 1-12; “Estimated BCA Cap” is a CRS estimate.

For the 10-year period from FY2012 to FY2021, the caps set by the BCA would require a

reduction in DOD discretionary spending of $977 billion (15.9%) from the total that was

projected by the FY2012 DOD 10-year plan (assuming that DOD accounts for the same

percentage of the National Defense Budget Function in each year as in the Administration’s

projected budgets). Under the FY2013 DOD budget plan, funding for the FY2012-FY2021

decade would total $5.65 trillion, a reduction of $487 billion (or 7.9%) compared with the

FY2012 plan. Under DOD’s FY2014 budget plan, projected spending for that decade would

decline by an additional $90 billion, bringing the cumulative total reduction (compared with the

FY2012 plan) to $577 billion (or 9.4%).

To realize the total reduction in DOD spending for FY2012-FY2021 required by the BCA caps,

an additional reduction of $400 billion would be required.

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Figure 2. Estimated DOD Funding Projections, FY2013-2021

(amounts in billions of dollars of discretionary budget authority)

700

600

500

400

300

200

100

0

DOD budget

Senate bud res

House bud res

Lowered BCA cap

postsequester

FY2013

496

2014

2015

2016

2017

2018

2019

2020

2021

527

527

527

475

541

534

541

488

551

541

551

498

560

548

564

510

569

555

576

522

577

563

589

535

587

571

602

548

596

579

615

561

Source: DOD data derived from DOD Comptroller, National Defense Budget Estimates for FY2014 (“The

Green Book”), Table 5-4, Table 2-1, and Table 1-12. Data on the “Lowered BCA cap” derived from P.L. 112-25

(“Budget Control Act of 2011”). Data on House and Senate budget resolutions derived from H.Con.Res. 25

(House budget resolution for FY2014), and S.Con.Res. 8 (Senate budget resolution for FY2014).

Notes: Implications for DOD of the Budget Control Act of 2011 (P.L. 112-25), the Senate budget resolution

(S.Con.Res. 8) and the House budget resolution (H.Con.Res. 25) are CRS estimates. See text box, “Estimated

DOD Impact of Budget ‘Caps’,” above.

Based on DOD’s sorting of its spending between the base budget and OCO, the base budget—

measured in current dollars (i.e., not adjusting for the cost of inflation)—increased at a relatively

steady rate between the late 1990s and 2010. After reaching a high point in 2010, the base budget

declined in FY2012 and FY2013 because of BCA budget limits. Unless the BCA cap for FY2014

is modified, it would require a further reduction of National Defense spending from the amount

requested by the Administration, with DOD’s share of the reduced amount estimated to reach

$475 billion. From FY2015 through FY2020, the BCA, the President’s FY2014 budget

projection, and the FY2014 budget resolutions passed by the House and Senate all project a

steady increase in DOD funding.

Allowing for the cost of inflation as estimated by OMB, the Administration’s projection of

discretionary DOD budget authority thru FY2021 would provide a higher level of “real”

purchasing power than the department’s average annual budget (in FY2014 dollars) for the period

since the end of the Vietnam War (FY1976-FY2012). In turn, the average DOD budget for that

36-year period—which included the last 15 years of the Cold War—is higher in real terms than

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was the department’s average budget since the 1991 war with Iraq (FY1992-FY2012). (See

Figure 3)

Figure 3. Projected DOD Purchasing Power in Perspective, 1976-2021 (Base Budget)

(amounts in billions of dollars of discretionary budget authority)

700

600

500

400

300

200

100

0

DOD discretionary

(Base budget only for 2001-21)

Senate budget resolution

(DOD impact estimated)

House budget resolution

(DOD impact estimated)

reduced BCA cap

(DOD impact estimated)

average 1992-2012, DOD base budget

average 1976-2012, DOD base budget

Sources: CRS analysis of inflation-adjusted amounts based on budget data from DOD Comptroller, National

Defense Budget Estimates for FY2014 (“The Green Book”), Table 5-4, Table 2-1, and Table 1-12. Other data are

from P.L. 112-25 (“Budget Control Act of 2011”), H.Con.Res. 25 (House budget resolution for FY2014), and

S.Con.Res. 8 (Senate budget resolution for FY2014). Defense deflators from OMB, Historical Tables: Budget of

the U.S. Government, Fiscal Year 2014. Table 10-1, “Gross Domestic Product and Deflators Used in the

Historical Tables, 1940-2018,” converted to base year 2014.

Notes: Implications for DOD of the Budget Control Act of 2011 (P.L. 112-25), the Senate budget resolution

(S.Con.Res. 8), and the House budget resolution (H.Con.Res. 25) are CRS estimates.

FY2014 DOD Base Budget Highlights

According to DOD officials, the Administration’s $526.6 billion request for discretionary

spending in DOD’s FY2014 base budget is intended both to sustain current U.S. strategy and

continue down-sizing the Army and Marine Corps as one element of that strategy. It incorporates

a range of cost-reduction initiatives and various efforts to restrain the growth of personnel costs.

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However, the budget request would create relatively few major perturbations of planned weapons

acquisition programs.35 (See Table 5 )

Table 5. DOD Discretionary Base Budgets, FY2012-FY2014

(amounts in billions of current dollars of budget authority)

FY2012 Enacted

Appropriation

FY2013 PostSequester (as

scored)a

and FY2014

Continuing

Resolution

(P.L. 113-46)

Military Personnelc

141.68

135.39

135.39

137.08

Operation and

Maintenance

199.21

193.04

193.98

209.44

Procurement

102.26

92.17

95.85

99.31

RDT&E

71.51

63.35

63.98

67.52

Military

Construction

11.37

7.67

8.04

9.47

Family Housing

1.68

1.46

1.53

1.54

Revolving and

Management Funds

2.70

2.15

2.22

2.28

530.41

495.22

500.99

526.64

Total: Base

Budget

FY2013 PostSequester Resources

Availableb

FY2014

Administration

Request

Sources: Data for FY2012 and FY2014 Administration Request from DOD Comptroller, National Defense

Budget Estimates for FY2014 (“The Green Book”), Table 2.1, pp. 40-41. Data for the two FY2013 columns are from

DOD Comptroller data provided to CRS showing track from enacted level to post-sequester level with separate

figures for base budget and OCO funding.

a.

Amounts “as scored” reflect sequester cuts to both new FY2013 BA and to unobligated balances from prior

years that are credited in FY2013. FY2014 CR reflects scored levels because unobligated balances from

prior year cancelled by the FY2013 sequester are not available to finance FY2014 programs.

b.

Resources funds available for FY2013 programs and activities including only sequester cuts from FY2013 BA.

c.

Includes annual accrual payment 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 bills but,

rather, by permanent law according to calculations by DOD actuaries ($6.68 billion in FY2014).

At the request of Senate Armed Services Committee Chairman Carl Levin and Senator James M.

Inhofe, the committee’s ranking minority Member, DOD agreed to present a plan for cutting $52

billion (about 10%) from the FY2014 base budget request, to meet the legally binding BCA

spending cap.36 In addition, Secretary Hagel launched in April a DOD-wide Strategic Choices and

Management Review (SCMR) intended to develop three alternative DOD budget plans for

35

DOD Comptroller, Overview: U.S. Department of Defense Fiscal Year 2014 Budget Request, April 2013, pp. 2-1 to

2-7.

36

Senators Carl Levin and James M. Inhofe, Letter to Secretary of Defense Chuck Hagel, May 2, 2013,

http://www.armed-services.senate.gov/press/releases/upload/SASC-Budget-letter-to-Hagel-050313.pdf.

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FY2015-FY2019: one based on the Administration’s current budget projection, a second based on

annual funding levels that were 5% lower, and a third based on annual funding levels lower by

10%.

Sustaining Current Strategy

In January 2012, the Obama Administration issued a new Strategic Guidance document to inform

DOD planning and budgeting.37 Among the premises drawn from that document to underpin the

Administration’s FY2014 base budget request are the following:

•

DOD will maintain a large enough force to win a major conventional war in one

region while, concurrently, being able to inflict enough damage on an aggressor

in a second region to deter a second attack.

•

DOD will not maintain an active-duty force large enough to conduct large-scale

stability operations on a prolonged basis such as recent operations in Iraq and

Afghanistan. Those campaigns required a large enough force so that upwards of

100,000 troops at a time could be periodically deployed and then rotated back

home for rest and retraining.

•

In a departure from the practice in recent years of having forces concentrate on

training for the types of missions being carried out in Iraq and Afghanistan,

forces will train for operating across the spectrum of conflict, from major

conventional wars to peacekeeping and stability operations.

•

DOD will try to improve its ability to help other countries bolster their own

security forces to partner more effectively with U.S. forces in missions of mutual

interest.38

•

DOD will “rebalance” its global posture to emphasize operations in the AsiaPacific region and the Middle East.39

Military Personnel

The Administration’s FY2014 budget would continue the ongoing reduction in number of activecomponent Army and Marine Corps personnel to a planned total of 672,100 personnel by the end

of FY2017. At that point, the combined, active-duty end-strength of those two services would

exceed by more than 18,000 troops their combined end-strength at the end of FY2001, before the

services’ post-9/11 expansion. In effect, the plan would remove the 92,000 personnel that were

added to the two ground combat-oriented services in 2007. (See Table 6)

37

For further analysis, see CRS Report R42146, In Brief: Assessing the January 2012 Defense Strategic Guidance

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

38

For further analysis, see CRS Report R42516, In Brief: Clarifying the Concept of “Partnership” in National

Security, by (name redacted).

39

For further analysis, see CRS Report R42448, Pivot to the Pacific? The Obama Administration’s “Rebalancing”

Toward Asia, coordinated by (name redacted).

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Table 6. Active Component Authorized End-Strength

FY2001

FY2013

FY2014

FY2017

Army

480,000

552,100

520,000

490,000a

Navy

372,642

322,700

323,600

319,500

Marine Corps

172,600

197,300

190,200

182,100a

Air Force

357,000

329,460

327,600

328,600

Total

1,382,242

1,401,600

1,361,400

1,320,200

Sources: Data for FY2001 from H.Rept. 106-945, Conference Report on H.R. 4205, Enactment of Provisions of

H.R. 5408, the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001, p. 777; data for

FY2013 and FY2014 from DOD Comptroller, National Defense Budget Estimates for FY2014 (“The Green Book”),

Table 3-2, p. 53; data for FY2017 from DOD Comptroller, Briefing on the FY2013 Budget Request, at

http://comptroller.defense.gov/defbudget/fy2013/FY2013_Budget_Request.pdf, slide 9.

Notes: In the Administration’s FY2014 budget request, 490,000 Army personnel and 182,000 Marines would be

funded in the base budget with the remainder of each service—30,000 Army and 8,100 Marines—being funded

with OCO appropriations.

a.

Citing budgetary pressures, the Army and Marine Corps each have accelerated their drawdowns by two

years, planning to reach the lower manpower levels in FY2015 rather than in FY2017.

As DOD had done in its FY2013 budget request, it proposed to fund in the FY2014 base budget

only the “enduring end-strength” of the two services—that is, the number of personnel they

would have after the drawdown is complete in 2017: 490,000 for the Army and 182,000 for the

Marine Corps. On grounds that the additional Army and Marine personnel were a legacy of the

expansion of those services to deal with wars in Iraq and Afghanistan—an expansion now being

largely reversed—the remaining personnel would be funded out of appropriations to cover war

costs (OCO).

Military Pay and Allowances

The budget request would provide a 1% raise in military basic pay, which typically accounts for

between two-thirds and three-quarters of active-duty services members’ cash compensation (the

balance of which typically consists of allowances for housing and living costs and various special

pays and bonuses intended to attract and retain personnel with certain skills).40 DOD estimates

that this 1% raise would save $540 million in FY2014 (and nearly $3.5 billion through FY2018)

compared with the 1.8% increase in basic pay that would occur, automatically, under the terms of

37 U.S.C. 1009, which provides that military basic pay will increase by the same annual

percentage as pay in the private sector as measured by the Labor Department in the Employment

Cost Index (ECI).

Congress can, by law, establish a different pay raise than the ECI and the President asserts that he

has authority under subsection (e) of 37 U.S.C. 1009 to set an alternative pay adjustment.41 On

40

See CRS Report RL33446, Military Pay and Benefits: Key Questions and Answers, by (name redacted).

Section 1009 (e) allows the President to submit a plan for an alternative pay adjustment to Congress before

September 1 of the year preceding the pay raise. This provision does not explicitly state that any such plan overrides

the automatic adjustment tied to the ECI, but it could be argued that the authority nonetheless exists because subsection

(e) refers to “alternative pay adjustments as the President considers appropriate” and subsection (b) states that “an

adjustment under this section [1009] shall have the force and effect of law.”

41

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August 30, 2013, the President sent a letter to Congress stating, “I have determined it is

appropriate to exercise my authority under 1009(e) of Title 37, United States Code, to set the

2014 monthly basic pay increase at 1.0 percent.”42

When the Obama Administration presented its FY2013 budget request in February 2012, it had

announced plans to increase military basic pay at the ECI rate for FY2014 and to begin proposing

pay increases below the ECI rate in FY2015.

TRICARE Fees

As it had done in its FY2013 budget request, the Administration included in its FY2014 DOD

budget the creation of some new fees and increases in others for beneficiaries of TRICARE,

DOD’s medical insurance program. TRICARE covers more than 9.6 million active duty and

retired servicemembers as well as their dependents and survivors.

DOD justifies the proposed increases on the argument that, while the costs to beneficiaries

remained largely unchanged between 1996 and 2012, DOD’s medical costs grew from $19 billion

in FY2001 to a projected $49 billion in FY2014.43 Congress had rejected most of the fee increases

proposed for FY2013, but approved a proposed increase in pharmacy copayments.

The TRICARE fee increases proposed for FY2014 would not affect servicemembers currently on

active duty except that their dependents would be liable for increased pharmacy copayments.

Most of the other proposed fee increases would apply to military retirees under the age of 65,

although a proposal to create a new TRICARE for Life enrollment fee was included in the

Administration’s request for the first time.

“Efficiency” Initiatives

According to DOD, the FY2014 base budget request incorporates some two dozen “efficiency”

initiatives that would reduce spending by a total of $17.03 billion over the period FY2014FY2018.44 Five of those proposals account for about 80% of the projected five-year savings,

namely:

•

$8.90 billion—more than a quarter of the total reduction—would come from

reduced estimates of the cost of DOD’s TRICARE medical insurance program,

with the cuts based partly on a decline in the rate of medical care cost growth and

partly on an Administration plan to reorganize some DOD facilities (FY2014

savings of $1.37 billion);

•

$2.77 billion would be cut from projected payrolls for DOD civilians, partly on

the assumption that annual pay raises will be lower than previously projected and

42

Letter available at http://www.whitehouse.gov/the-press-office/2013/08/30/letter-president-regarding-alternate-payplan-members-uniformed-services.

43

See CRS Report RS22402, Increases in Tricare Costs: Background and Options for Congress, by (name redacted).

44

DOD Comptroller, Operation and Maintenance Overview: Fiscal Year 2014 Budget Estimates, April 2013, pp. 210235. This CRS report discusses separately additional savings projected by the Administration to result from base

closures and reduced military construction.

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partly on the assumption that Congress will approve the closure of some bases

and medical facilities (FY2014 savings of $356 million);

•

$1.20 billion would be saved by reducing enlistment bonuses and the budget for

recruitment advertising, capitalizing on the improved recruiting environment

created by a weak domestic economy45 (FY2014 savings of $213 million);

•

$625 million would be saved as a result of scaling down Army deployments in

the Balkans (FY2014 savings of $106 million);

•

$447 million would be saved by reducing the Navy’s projected operation and

maintenance budgets on grounds that the service routinely has requested more

funding in those accounts than it has spent in recent years (FY2014 savings of

$87 million).

Weapons Acquisition Reductions

The FY2014 request incorporates reductions in planned acquisition spending for some five dozen

weapons programs by a total of $15.62 billion over the period FY2014-FY2018. Some of the

reduction would result from the cancellation of some programs and reductions in the number of

items that would be purchased, or the rate at which they would be purchased. Still other savings

are projected to result from wider use of multi-year procurement contracts.

Most of the proposed changes would yield savings of less than $150 million each over the fiveyear period, but 10 of the changes—each projected to save more than $500 million—account for

nearly 60% of the projected five-year savings, namely:

•

$2.06 billion would come from dropping plans to develop a “Block IIB” version

of the SM-3 anti-ballistic missile interceptor (FY2014 savings of $216 million);

•

$1.72 billion would come from cancellation of the Precision Tracking Space

System, a satellite network intended to provide targeting data on incoming

ballistic missiles (FY2014 savings of $270 million);

•

$1.35 billion would be saved by deferring until FY2019 the construction of a new

“IIIB” version of the Apache attack helicopter (upgrading existing Apaches to

that standard, in the meantime) (FY2014 savings of $475 million);

•

$1.09 billion would come from using Atlas rockets for some planned satellite

launches instead of more expensive Delta rockets (FY2014 savings of $106

million);

•

$684 million would be saved in the near term by slowing procurement of the

Navy’s SM-6 anti-cruise missile interceptor until more ships are equipped with a

new version of the Aegis weapons control system that is needed to fully exploit

the capabilities of the SM-6 (FY2014 savings of $58 million);

•

$683 million would come from a reduction in the overhead cost budgeted for the

carrier-launched version of the F-35 Joint Strike Fighter (FY2014 savings of $8

million);

45

See CRS Report RL32965, Recruiting and Retention: An Overview of FY2011 and FY2012 Results for Active and

Reserve Component Enlisted Personnel, by (name redacted).

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•

$598 million would come from reducing the number of the Navy’s F/A-18

fighters that would be rebuilt to like-new condition (FY2014 savings of $48

million);

•

$593 million would be saved by reducing the Marine Corps ammunition

inventory consistent with the retirement of one of three flotillas of pre-positioned

supply ships carrying supplies and equipment for Marine combat units (FY2014

savings of $229 million);

•

$528 million would come from savings as a result of buying DDG-51-class

destroyers on a multi-year contract (FY2014 savings of $67 million); and

•

$526 million would come from savings as a result of buying C-130J cargo planes

on a multi-year contract (FY2014 savings of $83 million).

Proposed Base Closures

Over the FY2014-FY2018 period, DOD projects a total reduction in military construction budgets

of $4.13 billion compared with previous projections. Some of those cutbacks are slated to result

from the closure of some bases and medical facilities as a result of a Base Realignment and

Closure Commission (BRAC), which Congress is asked to authorize. Congress rejected a BRAC

proposal included in the FY2013 budget request.

FY2014 OCO Budget Highlights

The Administration’s $79.44 billion request for war costs (OCO) represents a reduction of about

3% from the amount appropriated by Congress for war costs in FY2013 (after sequestration).

(See Table 7.)

Table 7. Administration’s FY2014 Discretionary OCO Budget Request

(amounts in billions of dollars)

FY2012 Enacted

Appropriation

FY2013 PostSequester

(as scored)a

and FY2014

continuing

resolution

(P.L. 113-46)

FY2013 PostSequester Resources

Availableb

FY2014

Request as

Amended

May 2013

Military Personnelc

11.29

14.26

14.26

9.85

Operation and

Maintenance

86.78

58.38

58.38

63.63d

Procurement

16.05

8.89

9.33

5.62e

RDT&E

0.53

0.19

0.19

0.07f

Military Construction

0.00

-0.01

-0.01

0.00

Revolving and

Management Funds

0.44

0.24

0.24

0.26

115.08

81.96

82.40

79.44

Total: OCO Budget

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Sources: Data for FY2012 from DOD Comptroller, National Defense Budget Estimates for FY2014 (“The Green

Book”), Table 2.1, pp. 40-41. Data for the two FY2013 columns are from DOD Comptroller data provided to

CRS showing track from enacted level to post-sequester level with separate figures for base budget and OCO

funding. Data for FY2014 request from DOD Comptroller, Overview: United States Department of Defense Fiscal

Year 2014 Budget Request, Addendum A, Overseas Contingency Operations, Table 1, “OCO Funding by

Appropriations Title,” p. 11.

a.

Amounts “as scored” reflect sequester cuts to both new FY2013 BA and to unobligated balances from prior

years that are credited in FY2013. FY2014 CR reflects scored levels because unobligated balances from

prior year cancelled by the FY2013 sequester are not available to finance FY2014 programs.

b.

Resources funds available for FY2013 programs and activities including only sequester cuts from FY2013 BA.

c.

Includes annual accrual payment 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 bills but,

rather, by permanent law according to calculations by DOD actuaries ($164 million in OCO funds in

FY2014).

d.

Assumes Congress will transfer to this account an additional $486 million that Congress had added to the

FY2013 DOD appropriation to keep in service several Aegis cruisers the Administration wants to retire.

e.

Assumes Congress will transfer to this account an additional $749 million that Congress had added to the

FY2013 DOD appropriation to continue purchasing C-27 cargo planes, a program the Administration wants

to terminate.

f.

Assumes Congress will transfer to this account an additional $44 million that was appropriated for

unspecified R&D program in FY2004.

Although the OCO funding request for FY2014 would drop by 3% compared with the presequester FY2013 appropriation, the number of U.S. personnel deployed in Afghanistan would

decline by 39% and the total number of personnel supported by the OCO budget (including forces

outside Afghanistan that support operations in that country, in the Philippines and in the Horn of

Africa) would drop by about 20%. (See Figure 4)

Figure 4. OCO Funding and Troop Level Trends: FY2008 through FY2014 Request

Proposed OCO Funding

by Country

Proposed U.S.Troops

by Country

amounts in billions of dollars

thousands of personnel

200

200

180

180

160

160

140

140

120

120

100

100

80

80

60

60

40

40

20

20

0

2008

Iraq

148

Afghanistan 39

2009

94

52

2010

62

100

2011

45

114

2012

10

105

2013

3

85

2014

1

78

0

2008

Iraq

154

Afghanistan 33

2009

141

44

2010

96

84

2011

47

98

2012

9

90

2013

0

63

2014

0

38

Source: DOD Comptroller, Overview: United States Department of Defense Fiscal Year 2014 Budget Request,

Addendum A, Overseas Contingency Operations, Figure 2, “OCO Funding and Troop Level Trends,” p. 2.

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According to DOD’s functional breakdown of the FY2014 OCO budget (see Table 8), three

components that, in sum, account for more than 80% of the total request would decline by less

than 10% compared with the pre-sequester FY2013 appropriation:

•

$25.7 billion for U.S. force operations (including force protection);

•

$21.8 billion for activities outside Afghanistan to support operations inside that

country; and

•

$8.9 billion to purchase equipment to replace war losses (including 4 Apache

attack helicopters and 11 Chinook transport helicopters), replenish ammunition

supplies, and refurbish equipment worn out by use in Afghanistan and Iraq.

According to DOD, those costs are declining at a slower rate than U.S. troop levels in

Afghanistan because of expenses associated with closing bases in that country and returning

thousands of cargo containers, vehicles, and other pieces of equipment to the United States and

refurbishing the equipment as necessary.46

46

DOD Comptroller, Overview: United States Department of Defense Fiscal Year 2014 Budget Request, Addendum A,

Overseas Contingency Operations, p. 1.

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Defense: FY2014 Authorization and Appropriations

Table 8. OCO Funding by Mission Category

(amounts in billions of dollars)

FY2013 Enacted

Appropriation

PRE-SEQUESTERR

FY2014 Request

Operations and Force Protection

27.7

25.7

In-Theater Support

23.0

21.8

Military Intelligence Program

4.4

3.8

Afghanistan Security Forces Fund

5.1

7.7

Afghanistan Infrastructure Fund

0.3

0.3

Commander’s Emergency Response Program (CERP)

0.2

0.1

Coalition Support Funds

2.1

2.0

Procurement and Equipment Reset

11.1

8.9

Temporary End-Strength

5.8

5.1

Other

9.5

5.3

Prior-Year Cancellations

-2.0

-1.3

Net Total

87.2

79.4

Source: DOD Comptroller, Overview: United States Department of Defense Fiscal Year 2014 Budget Request,

Addendum A, Overseas Contingency Operations, Figure 3. “OCO Functional/Mission Category Breakout,” p. 5. Postsequester estimates are not available.

Afghanistan’s Army, projected to number 195,000 at the end of FY2013, and its National Police,

projected to number 157,000 at the end of FY2013, are expected to remain at those levels through

FY2014. The OCO budget request would increase U.S. support for those forces by 50% (to $7.7

billion) over the pre-sequester FY2013 appropriation. According to DOD, the increase is

associated with the Afghan forces’ assumption of responsibility for security as well as continued

efforts to improve their operational capabilities.47

Ship and Aircraft Retirements

The Administration’s FY2014 OCO budget request would require $80.7 billion in budget

authority. However, the Administration proposes to reduce the budgetary impact of the request by

covering part of the costs by rescinding or cancelling $1.3 billion appropriated for FY2013 to

retain in service Navy ships and Air Force cargo planes that the Administration’s FY2013 budget

request would have retired.

Thus, the FY2014 request proposes to reverse Congress’s decision to reject the Administration’s

FY2013 proposals to retire seven Aegis cruisers and two amphibious transport ships and to

mothball the fleet of C-27 cargo planes. To fund its FY2014 OCO budget, it would use:

•

47

$486 million that Congress had added to the FY2013 DOD appropriation to keep

in service the ships the Administration wanted to retire;

Ibid., p. 7.

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Defense: FY2014 Authorization and Appropriations

•

$749 million that Congress had added to the FY2013 bill to continue purchasing

and operating C-27s; and

•

$44 million that had been appropriated for unspecified R&D program in FY2004.

FY2014 National Defense Authorization Act

(NDAA): H.R. 1960; S. 1197; H.R. 3304

H.R. 3304, the version of the FY2014 National Defense Authorization Act signed into law by

President Obama on December 31, 2013,—like Administration’s budget request and earlier

versions of the NDAA passed by the House (H.R. 1960) and reported by the Senate Armed

Services Committee (S. 1197)—exceeded by more than $30 billion the cap on national defense

spending48 in FY2014 that was established by the FY2014 Continuing Appropriations Resolution

(H.J.Res. 59), which the President also signed into law on December 26, 2013.

For DOD’s FY2014 base budget, the totals authorized by the final version of the bill (H.R. 3004),

the version passed by the House on June 14, 2013, (H.R. 1960), and the version reported by the

Senate Armed Services Committee on June 20, 2013, (S. 1197), all come within $228 million of

the $526.57 billion requested by the President. (See Table 9)

For OCO funding (or “war costs”), H.R. 3304, like the Senate committee versions of the bill (S.

1197), makes few changes to the Administration’s $80.72 billion request. The House-passed bill,

on the other hand, would have authorized $5.04 billion more than was requested49, including the

following increases:

•

$1.68 billion for depot maintenance;

•

$1.50 billion to “reset” (i.e., rehabilitate, reequip, and retrain) Army units after

their deployment in Afghanistan;

•

$535.9 million for higher than budgeted fuel costs;

•

$340.9 million to replace FY2013 OCO funds that were reprogrammed to other

OCO uses; and

•

$400.0 million for equipment for National Guard and reserve component units.

The enacted version of the bill, authorizing $2.0 million less than the OCO request, dropped

about two-thirds of the House-passed increases authorizing an additional $1.10 billion for Army

reset, $400.0 for National Guard and reserve equipment; and $130.0 million for depot

maintenance.

Because neither H.R. 1960 nor S. 1197 had been passed by both chambers, there was no basis for

convening a House-Senate conference to reconcile the House-passed and Senate committeereported versions of the FY2014 NDAA. In lieu of a formal conference report, members of the

48

The spending cap applies to DOD’s base budget, but not to funding for war costs (or OCO).

49

The House-proposed increases in OCO funds would not count against the caps set by the Budget Control Act.

However, OCO funds would have be subject to sequestration, if that occurs.

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Defense: FY2014 Authorization and Appropriations

House and Senate Armed Services Committees, meeting informally, negotiated a compromise

version of the bill. To expedite Senate action on that final version of the bill, the negotiated text

was passed by the House and Senate as an amendment to a bill (H.R. 330450) that already had

been passed by each chamber, but on the specific language of which the House and Senate had

not yet come to agreement.

On December 12, 2013, the House voted 350-69 to adopt the negotiated NDAA text as an

amendment to H.R. 3304 and to pass the amended bill. On December 19, 2013, the Senate

concurred in the House action—in effect, passing the negotiated NDAA text—by a vote of 84-15.

Table 9. FY2014 National Defense Authorization Act (H.R. 1960; S. 1197: H,R, 3304)

(amounts in millions of dollars of discretionary budget authority)

FY2014

Administration

Request

FY2014

House-passed

H.R. 1960

FY2014

Senatecommittee

reported

S. 1197

H.R. 3304

enacted

Base Budget

Procurement

98,227

99,666

98,151

98,442

Research and Development

67,520

68,079

67,541

67,739

Operations and Maintenance

175,098

174,672

176,632

176,420

Military Personnel

137,077

136,896

136,807

136,394

Defense Health Program and Other

Authorizations

37,639

37,362

37,775

37,438

Military Construction and Family

Housing

11,012

10,056

9,662

10,367

Subtotal: DOD Base Budget

526,572

526,732

526,568

526,800

Atomic Energy Defense Activities

(Energy Dept.)

17,858

17,696

17,842

17,623

TOTAL: FY2014 Base Budget

544,430

544,428

544,411

544,424

Subtotal: Overseas Contingency

Operations

80,722

85,766

80,704

80,720

625,153

630,194

625,115

625,143

GRAND TOTAL:

FY2014 NDAA

Sources: House Armed Services Committee, H.Rept. 113-102, Report on the National Defense Authorization

Act for Fiscal Year 2014 (H.R. 1960), June 7, 2013, pp. 363-67; Senate Armed Services Committee, S.Rept. 11344. Report to accompany the National Defense Authorization Act for Fiscal Year 2014 (S. 1197), June 20, 2013,

pp. 268-72.

50

As originally passed by the House and Senate, H.R. 3304 would have requested that the Medal of Honor be awarded

to two veterans of the Vietnam War and to certain other veterans who had been recommended for the award.

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Defense: FY2014 Authorization and Appropriations

NDAA: The Broad Outlines

Like the defense authorization act for FY2013 (H.R. 4310, P.L. 112-239), the final version of the

FY2014 NDAA—like the versions of the FY2014 bill that earlier had been passed by the House

and reported by the Senate committee—makes relatively few individual additions to the

authorization levels proposed by the Administration for specific procurement and R&D programs,

compared with the annual defense authorization bills enacted in the first decade of this century.

That difference reflects the stringent bars against “earmarks” currently observed in both the

House and the Senate.

Proposed Administration Savings

H.R. 3304 bars an Administration proposal to retire several Navy ships ahead of schedule and to

increase some TRICARE fees. Congress had rejected these proposals in the FY2013 budget and

that also had been rejected in the House-passed and Senate committee versions of the FY2014

authorization bill.

The final FY2014 bill also blocked an Air Force plan to retire its fleet of A-10 ground attack

planes as part of its plan to accommodate the anticipated reduction in its FY2014 budget request.

The proposal surfaced after the full House and the Senate Armed Services Committee had acted

on their respective versions of the bill.

On the other hand, the final NDAA—and the two earlier versions—supported several of the

Administration’s other cost-cutting proposals. Following are actions incorporated in various

versions of the FY2014 NDAA related to selected Administration savings. (See Table 10)

Table 10. Selected Administration Cost Cutting Initiatives

Administration

Proposal

House-passed

H.R. 1960

Senate

committeereported

S. 1197

Final Version

H.R. 3304

Annual Raise in

Military Basic Pay

1.0%

1.8% (added cost of

$580.0 million)

1.0%

1.0%

Recruiting and

Retention Bonuses and

Advertising

Reduce FY2014

request by $213

million

Add $5.4 million for

bonuses for flight

paramedics in Army

Reserve and National

Guard

no change

Cut an additional

$115.9 million from

the request

DOD Civilian Pay

Cut by $346.1 million

compared with

current policy

Cut an additional

$341.5 million (lower

projection of number of

employees)

no change

Cut an additional

$621.7 million (lower

projection of number

of employees)

TRICARE medical

insurance costs

Cut by $1.37 billion in

anticipation of higher

fees

Add $164 million; bar

fee changes

Add $218 million;

bar fee changes

Add $218 million; bar

fee changes

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Defense: FY2014 Authorization and Appropriations

Senate

committeereported

S. 1197

Administration

Proposal

House-passed

H.R. 1960

Retirement of seven

Navy cruisers and two

amphibious landing

transport ships

(proposal rejected by

Congress in FY2013

budget)

Cancel $486 million

(of $1.4 billion) that

Congress added to

the FY2013 DOD

appropriation to keep

in service the ships

the Administration

wanted to retire. Use

those funds to cover

part of the cost of the

FY2014 budget

request

Bar retirement of the

seven cruisers and one

of the two amphibious

ships; Authorized use of

up to $915 million (of

the funds authorized in

FY2013 to keep the

ships in service) to

modernize the cruisers

Reject

Administration

proposal and

direct DOD to

use funds

appropriated in

FY2013 to

continue

operating the

ships

Bar retirement of the

seven cruisers and one

of the two amphibious

ships; no additional

transfer authority.

(Section 1023)

Retirement of C-27

cargo planes (proposal

rejected by Congress

in FY2013 budget)

Cancel $749 million

that Congress had

added to the FY2013

bill to continue

purchasing and

operating C-27s; Use

those funds to cover

part of the cost of the

FY 2014 budget

request

no change

no change

Require the Air Force

to transfer 14 C-27s

to the Coast Guard as

part of a multi-agency

reassignment of

various aircraft

(Section 1098)

AH-64 Apache

helicopter

Defer until FY2019

the manufacture of

new AH-64s;

Continue upgrade of

existing helicopters to

AH-64 Block IIIB

configuration; Reduce

FY2014 request by

$475 million

no change

no change

no change

UH-72 Lakota

helicopter for

noncombat missions

Buy the final 10 UH72s in FY2014 in lieu

of planned 31 in

FY2014 and 10 more

in FY2015; Reduce

projected FY2014

request by $163

million

Add $135 million to

buy 21 additional UH72s in FY2014

no change

Add $75 million to buy

10 additional UH-72s

in FY2014

Standard SM-3-IIB antiballistic missile

interceptor

Cancel development

of a new variant of

the SM-3 IIA antimissile interceptor;

Reduce FY2014

request by $216

million

no change

no change

no change

Precision Tracking

Space System (PTSS)

missile defense

tracking satellite

Cancel development

of PTSS missile

defense tracking

satellite; Reduce

FY2014 request by

$270 million

no change

no change

no change

Congressional Research Service

Final Version

H.R. 3304

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Defense: FY2014 Authorization and Appropriations

Other Congressional Additions

Both versions of the NDAA would authorize more than was requested for several large O&M

accounts in which the Administration’s budget assumed costs would be reduced by “efficiencies.”

The Senate committee-reported S. 1197 would add $1.8 billion to these accounts, while the

House-passed H.R. 1960 would add $5.6 billion, of which $4.6 billion was added to the

authorization for OCO funding.

Following are actions selected increases to the Administration’s DOD budget request that would

be authorized by various versions of the FY2014 NDAA. (See Table 11)

Table 11. Selected Additions to the Administration Request

Administration

proposal

House-passed

H.R. 1960

Senatecommittee

reported

S. 1197

Facilities

maintenance and

upgrades

$9.38 billion request

assumes unspecified

efficiencies

Add $809 million for

facilities maintenance

and repair

Add $286 million for

facilities maintenance

and repair

Add $635 million for

facilities maintenance

and repair

Depot

maintenance

$14.04 billion

request assumes

unspecified

efficiencies

Add $1.68 billion

million for depot

maintenance (nearly

all OCO funding)

Add $608 million for

depot maintenance

Add $924 million for

depot maintenance

(of which $130

million is OCO

funding)

“Reset” of

equipment

deployed in

Afghanistan and

Iraq

Request $2.24 billion

for Army “reset” (in

OCO funding)

Add $1.50 billion for

reset (OCO funding)

no change

Add $1.10 billion for

reset (OCO funding)

Other “add-backs”

n/a

Add $329 million for

additional training

and other readinessrelated O&M costs

(OCO funding)

Add $885 million for

additional training

and other readinessrelated O&M costs

Add $802 million for

additional training

and other readinessrelated O&M costs

no change

no change

Final version

H.R. 3304

Add an additional

$341 million to

replace FY2013

OCO funds that

were reprogrammed

to other OCO uses;

Fuel costs

Request assumes

unspecified

efficiencies

Congressional Research Service

Add $536 million for

fuel costs. (OCO

funding)

39

Defense: FY2014 Authorization and Appropriations

Senatecommittee

reported

S. 1197

Administration

proposal

House-passed

H.R. 1960

Final version

H.R. 3304

Ballistic Missile

Defense system

deployed in Alaska

and California to

intercept intercontinental

missiles aimed at

U.S. territory

Request $1.03 billion

to continue

upgrading Ballistic

Missile Defense

system deployed in

Alaska and California

to intercept intercontinental missiles

Add $140 million;

require construction

of the third site for

defense of U.S.

territory against

long-range ballistic

missiles(Section 232);

Also add $107

million to begin

procurement of 14

additional

interceptor missiles

no change

Add $80 million to

analyze causes of a

flight test failure; Add

$20 million to

continue evaluation

of possible additional

missile defense sites

(as required by

FY2013 NDAA);

Requires a briefing

on that study

(Section 239)

Three Israeli

missile defense

systems

Request $96 million

to continue

development of the

three missile defense

systems

Add $173 million

Add $150 million

Add $188 million

“Iron Dome”

Israeli system

designed to

intercept shortrange rockets and

artillery shells

Request $220 million

for procurement

Add $15 million to

facilitate U.S.

production of Iron

Dome

no change

Add $15 million to

facilitate U.S.

production of Iron

Dome

Upgrades to

Abrams tanks and

Bradley troop

carriers

Request $171 million

for Bradley mods and

$178 million for

Abrams mods but no

funds for more

complex upgrade of

Abrams tanks to socalled M-1A2 SEP

configuration

Add $168 million to

continue M-1A2 SEP

upgrades

no change

Add $90 million to

continue M-1A2 SEP

upgrades

Virginia-class

nuclear submarine

Request $2.93 billion

to fully fund one sub

and partly fund a

second

Add $492 million to

fully fund the second

sub

no change

Add $492 million to

fully fund the second

sub

Equipment for

National Guard

and reserve

component forces

Request $4.25 billion

distributed through

the appropriations

accounts that fund

equipment for activecomponent forces

Add $400 million for

procurement in the

National Guard and

Reserve Equipment

Account (NGREA)

(OCO funds)

no change

Add $400 million for

procurement in the

National Guard and

Reserve Equipment

Account (NGREA)

(OCO funds)

Military Personnel Issues (Authorization)

Military Personnel Policy Issues

For additional background and analysis of selected military personnel issues dealt with in the FY2014 NDAA (endstrength, pay raise, TRICARE fees, chaplains’ rights, and reserve component mobilization), see CRS Report R43184,

FY2014 National Defense Authorization Act: Selected Military Personnel Issues, coordinated by (name redacted).

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Defense: FY2014 Authorization and Appropriations

The final version of the bill, like the versions passed by the House and reported by the Senate

committee, incorporate Administration proposals to reduce the statutory ceilings on the number of

military personnel at the end of FY2014. That new ceiling on active component personnel is be

1.36 million, a reduction of just over 40,000 from the FY2013 ceiling on “end-strength” while the

new personnel ceiling for the National Guard and other reserve components is 833,700, a

reduction of just over 8,000.

In the explanatory statement accompanying H.R. 3304, House and Senate negotiators noted that,

because of budgetary constraints, the Army and Marine Corps have accelerated their planned

reduction in active-duty personnel and now hope to reduce active component ends-strength by an

additional 38,100 troops by FY2015, instead of FY2017.51 The negotiators supported that plan,

but commented:

We remain concerned that unfettered reductions in end-strength will have a detrimental

impact on force structure and, ultimately, operational mission capability and capacity among

the services, and harm the morale of the force,52

Military Pay Raise

The Senate committee’s bill included a provision (Section 601) that would have authorized for

FY2014 the 1% raise in military basic pay called for by the budget request. On the other hand, the

House Armed Services Committee called for a 1.8% military pay raise, as would happen

automatically under existing law, which ties the annual raise in military basic pay to the Labor

Department’s Employment Cost Index (ECI). DOD estimated that the higher raise would increase

FY2014 military personnel costs by $540 million.

H.R. 3304 included no provision setting the FY2014 military pay raise. However, the President

asserts that the law that ties pay raises to the ECI53 also includes a provision giving him authority

to specify an alternative pay raise, and he has done so by setting the FY2014 pay raise at 1.0%.54

In the explanatory statement accompanying the bill, House and Senate negotiators acknowledged

the President’s action.55

Sexual Assault Prevention and Treatment

Sexual Assault-Related Provisions

For more extensive description and analysis of sexual assault-related provisions of H.R. 1960 and S. 1197 relating to

sexual assault, see CRS Report R43213, Sexual Assaults Under the Uniform Code of Military Justice (UCMJ): Selected

Legislative Proposals, by (name redacted).

51

For additional background and analysis on the Administration’s manpower plan, see CRS Report R42493, Army

Drawdown and Restructuring: Background and Issues for Congress, by (name redacted).

52

“Joint Explanatory Statement” on the FY2014 NDAA, House Armed Services Committee website, at

http://armedservices.house.gov/index.cfm/files/serve?File_id=8A5E9112-80EF-43E1-A4E9-9AB0C0C107D8, pp. 5253.

53

37 U.S.C. 1009.

54

See “Military Pay and Allowances” above.

55

“Joint Explanatory Statement” on the FY2014 NDAA, House Armed Services Committee website, at

http://armedservices.house.gov/index.cfm/files/serve?File_id=8A5E9112-80EF-43E1-A4E9-9AB0C0C107D8, p. 97.

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Defense: FY2014 Authorization and Appropriations

In response to several high-profile cases involving sexual assaults within the Armed Forces, the

House-passed and Senate committee-approved versions of the FY2014 NDAA each included

several provisions that would address the issue. Some of these provisions would change the

provisions of the Uniform Code of Military Justice (UCMJ) pertaining to sexual assault while

others would change the rules governing (1) the disposition of sexual assault allegations within

the military and (2) the conduct of courts-martial.

Corresponding provisions of the House and Senate bills differ in some respects, particularly in the

types of alleged crimes to which they would apply. H.R. 3304 included compromise versions of

most of those provisions. Following are selected aspects of the sexual assault issue that are

addressed in the legislation (Table 12).

Table 12. Selected Sexual Assault-related Provisions, FY2014 NDAA

Housepassed

H.R. 1960

Senate

committeereported

S. 1197

Enacted

H.R. 3304

Establishment of mandatory minimum sentences for

conviction by court-martial of a sex-related crime

Section 533

Section 554

Section 1705

Appointment of a Special Victims’ Counsel to provide

victims of alleged sex-related offenses with

independent legal representation, drawn from outside

the military services

Section 536

Section 539

Section 1716

Prohibition of a commander’s consideration of the

“character and military service” of the accused in

deciding whether to prosecute an alleged offense

Section 546

Section 565

Section 1708

Limitation of a commander’s authority to grant

clemency

Section 531

Section 555

Section 1702

Right of a complaining witness to be heard in the

clemency phase of the proceedings

Section 544

Section 556

Section 1706

Provisions Relating to Chaplains Corps and Conscience

As passed by the House, H.R. 1960 included a provision (Section 529) providing that, if a

military chaplain were called upon to lead a prayer in some context other than a religious service,

he or she would have the right to close the prayer “according to the traditions, expressions and

religious exercises” of the chaplain’s faith tradition. During debate on the bill, the House rejected

an amendment that would have authorized the appointment of military chaplains who are

endorsed by recognized nontheistic or nonreligious organizations.56

Instead of that House provision, H.R. 3304 includes a provision (Section 534) requiring DOD to

conduct a survey of military chaplains to ascertain whether restrictions on their role outside a

religious service have prevented them from conforming to the tenets of their faith or interfered

with their ability to minister to DOD personnel and their families.

56

See House amendment number 169 in Table 15.

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Defense: FY2014 Authorization and Appropriations

Another provision of the House-passed bill (Section 530E) would have required “advance written

notice of any meeting to be held between Department employees and civilians for the purpose of

writing, revising, issuing, implementing, enforcing, or seeking advice, input, or counsel regarding

military policy related to religious liberty.” The final version of the bill contained no such

provision however, in their explanatory statement, House and Senate negotiators urged DOD and

the military services to consult with all faith groups when formulating or change policies that

would affect religious freedom or tolerance. They added:

We are becoming increasingly concerned over reports that the Department and the services

appear more responsive to some religious groups and interests than others.57

Legal Protection for Religious Expression

Like the House and Senate versions of the NDAA, H.R. 3304 also included a provision (Section

532) amending a provision of law enacted as part of the FY2013 NDAA (P.L. 112-239). Section

533 of the FY2013 act requires the armed forces to “accommodate the beliefs of a member of the

armed forces reflecting the conscience, moral principles, or religious beliefs and, insofar as

practicable ... not use such beliefs as the basis of any adverse personnel action....” The

immediately following provision of the act provides that nothing in the preceding provision

precludes disciplinary or administrative action for conduct “that threatens good order and

discipline.”

In the enacted version of the FY2014 NDAA, Section 532 amends the existing law to provide

that, “unless it could have an adverse impact on military readiness, unit cohesion, and good order

and discipline, the Armed Forces shall accommodate individual expressions of belief,” and that

such “expression of belief” shall not be used as the basis for any adverse personnel action.”

TRICARE

Like the House and Senate versions of the FY2014 NDAA, H.R. 3304 does not authorize the

Administration’s proposals to:

•

Raise the premiums paid by military retirees to participate in TRICARE, DOD’s

private-sector health insurance program for active-duty and retired services

members, their dependents, and their survivors;

•

Index increases in TRICARE’s “catastrophic cap”—the maximum annual amount

a beneficiary should have to pay—to the National Health Expenditure index,

which is a federal government barometer of changes in health care costs; and

•

Introduce enrollment fees for certain TRICARE programs, including TRICARE

for Life, the program that covers Medicare-eligible military retirees.

Like the Senate committee bill, H.R. 3304 would add $218 million to the requested TRICARE

authorization for FY2014, which would restore funds the budget request assumed would not be

needed because of the proposed fees. The House-passed bill would have added $164 million for

this purpose.

57

“Joint Explanatory Statement” on the FY2014 NDAA, House Armed Services Committee website, at

http://armedservices.house.gov/index.cfm/files/serve?File_id=8A5E9112-80EF-43E1-A4E9-9AB0C0C107D8, p. 82.

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Defense: FY2014 Authorization and Appropriations

DOD has announced its intention to cut off coverage for TRICARE Prime—a TRICARE option

that is similar to an HMO—in certain areas of the United States. The House bill (Section 711)

would allow TRICARE beneficiaries who are eligible for TRICARE Prime to enroll in the

program, even if they live in those areas in which DOD has barred new TRICARE beneficiaries

from enrolling in it. Instead, H.R. 3304 would allow current TRICARE Prime participants to

remain in the program, even if they reside in areas in which no new enrollees will be allowed.

Assignment of Women in the Military58

In February 2013, then-Secretary of Defense Leon Panetta rescinded DOD’s so-called “combat

exclusion rule,” which barred the assignment of female military personnel to ground combat

units. Panetta also directed the services to open all military assignments to women by January 1,

2016, unless by then they had requested specific exceptions which, in turn, would be subject to

approval by the Secretary of Defense and the Chairman of the Joint Chiefs of Staff.

The House-passed FY2014 NDAA, H.R. 1960, includes Section 530D expressing the sense of

Congress that by September 2015, the secretaries of the Army, Navy and Air Force “should

develop, review, and validate individual occupational standards, using validated gender-neutral

occupational standards, so as to assess and assign members of the Armed Forces to units,

including Special Operations Forces.” In final version of the bill, H.R. 3304, Section 524

contained the House-passed provision with a technical amendment.

In its report on S. 1197, the Senate Armed Services Committee praised DOD for “moving toward

an assignment system that is gender-neutral and performance-based.” Moreover, the committee

encouraged DOD “to work toward full integration of women in all military occupations to the

maximum extent practicable, consistent with military capabilities required for our nation’s

defense.” However, the committee also expressed concern “that women may not always be

afforded the opportunity to serve a full career.” It directed DOD to submit a report examining:

•

retention rates and career progression opportunities for female servicemembers;

•

“causes of voluntary mid-career separation, especially those related to

childbirth”; and

•

personnel management options that might better accommodate servicemembers’

personal and family goals, including the use of temporary assignments to the

reserve components.

Reserve Component Mobilization Guarantees

Like the House and Senate versions of the bill, H.R. 3304 included a provision triggered by

instances in which reserve component units that had been mobilized for deployment overseas had

their deployments cancelled on relatively short notice, in some cases causing significant cost and

inconvenience to members of the affected units.

In the House bill, Section 511 would require the secretaries of the military departments to provide

at least 120 days’ notice to reserve units or individual reserve component members if they are to

58

For additional background on issues related to the assignment of women in the military, see CRS Report R42075,

Women in Combat: Issues for Congress, by (name redacted).

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be mobilized for deployment in connection with a contingency operation or if, after such

notification has been given, the deployment is cancelled or otherwise altered. If such notification

is not given, a report would have to be submitted to the House and Senate Armed Services

Committees explaining the reasons and providing the names of the affected units or individuals.

In the bill reported by the Senate Armed Services Committee, Section 508 would require the

Secretary of Defense to personally approve any decision to cancel a planned reserve unit

deployment within 180 days of the unit’s scheduled deployment if an active duty unit is to be

deployed, instead, to perform the same mission. In those cases, the provision also would require

notification of the House and Senate Armed Services and Appropriations Committees and the

governors of the affected states.

In the final version of the bill, Section 513 incorporated the Senate committee provision plus an

additional requirement of 120 days prior notice to any reserve component member who is

mobilized as an individual (rather than as a member of a unit).

Ground Combat Systems (Authorization)

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

summarized in Appendix Table A-3. Following are highlights:

Current Generation Vehicles (M-1, Bradley, and others)

The House bill would increase by $274 million the total authorized for procurement of tanks and

other armored combat vehicles. In its report on H.R. 1960, the House Armed Services Committee

said the budget request for armored vehicles was too anemic to sustain the specialized network of

suppliers and assembly plants needed to build such equipment.

While a number of armored vehicle programs currently are underway, DOD projects a surge in

demand for production capacity in about 2019, when new programs are slated for funding. Until

then, the Administration maintains, foreign sales combined with projected DOD purchases will

keep the production lines warm. The House committee said reliance on foreign sales to keep the

industrial base intact was too risky, and that the additional vehicles for which it would provide

authorization could replace older equipment in some units.

As passed by the House, H.R. 1960 would add to the budget request authorization a total of $274

million for various armored vehicle programs including $168 million to upgrade M-1 tanks with

improved digital communications, night-vision equipment, armor, and transmissions. DOD has

not budgeted for this program since FY2012, but Congress funded it in FY2013 in the absence of

an Administration request. The House bill also would authorize:

•

$186.0 million, $75.0 million more than the $116.0 million requested, for socalled armored recovery vehicles, designed to tow disabled 70-ton tanks off the

battlefield; and

•

$94.0 million, $31.0 million more than the $63.0 million requested, to buy

assault breacher vehicles, which are M-1 tank chassis equipped with a bulldozer

blade and other gear for clearing a path through a minefield.

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The Senate bill would add no funds to the amounts requested for procurement or major

modification of armored combat vehicles.

The final bill would add to the request a total of $165 million: $90 million for M-1 upgrades and

$75 million for armored recovery vehicles.

Next Generation Vehicles: GCV, AMPV, MPC, and JLTV

H.R. 1960 and S. 1197 each would authorize the amounts requested to develop four new types of

battlefield vehicles for use by the Army and Marine Corps:

•

$592.2 million for the Army’s Ground Combat Vehicle (GCV) intended to

replace some Bradley troop carriers;59

•

$116.3 million for the Armored Multi-Purpose Vehicle intended to replace the

thousands of Vietnam War-era M-113 tracked vehicles still in use for various

Army utility tasks;60

•

$137.0 million for the Marines’ Amphibious Combat Vehicle, intended to replace

the 1970s-designed AAV-7 amphibious troop carrier;61 and

•

$134.6 million for the Joint Light Tactical Vehicle (JLTV), slated to replace the

ubiquitous HMMWV (Humm-Vee).62

Since the Marine Corps has deferred plans to field a simpler armored troop carrier, not designed

for amphibious landings, both bills would drop the requested $20.9 million authorization for this

program, designated the Marine Personnel Carrier (MPC).

H.R. 3304, the final version of the NDAA, authorizes the same amounts for each of those

programs except for the Marines’ Amphibious Combat Vehicle, for which it would authorize $123

million, a reduction of $14 million, because of delays in the program. The bill also includes a

provision (Section 211) requiring the Secretary of the Army to certify the affordability and

technical feasibility of the planned new Ground Combat Vehicle and requiring DOD officials—

acting independently of the Army—to assess the Army’s plan to fund development of the new

system using a single contractor (rather than two competing firms).

Naval Systems (Authorization)

In their reports on H.R. 1960 and S. 1197, respectively, the House and Senate Armed Services

Committees each expressed concern that, because of budgetary limits, DOD might not be able to

59

For background and additional analysis see CRS Report R41597, The Army’s Ground Combat Vehicle (GCV)

Program: Background and Issues for Congress, The Army’s Ground Combat Vehicle (GCV) Program: Background

and Issues for Congress, by (name redacted).

60

For background and additional analysis, see CRS Report R43240, The Army’s Armored Multi-Purpose Vehicle

(AMPV): Background and Issues for Congress, by (name redacted).

61

For background and additional analysis, see CRS Report R42723, Marine Corps Amphibious Combat Vehicle (ACV)

and Marine Personnel Carrier (MPC): Background and Issues for Congress, by (name redacted).

62

For background and additional analysis, see CRS Report RS22942, Joint Light Tactical Vehicle (JLTV): Background

and Issues for Congress, by (name redacted).

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fund the Navy’s long-term shipbuilding plan.63 Each committee highlighted in particular the

challenge of replacing the current fleet of Trident missile-launching submarines even within the

DOD budgets through FY2021 that were projected by the Obama Administration, let alone within

the tighter budgets that might result from the current budget battles. In a House Armed Services

Seapower Subcommittee hearing on September 12, 2013, Rear Admiral Richard P. Breckenridge,

director of the Navy’s Undersea Warfare Division, said that, on top of currently projected

shipbuilding budgets, the Navy would need an additional $60 billion over 15 years to replace the

missile subs.

In its report on H.R. 1960, the House Armed Services Committee noted that the most recent

version of DOD’s annual 30-year shipbuilding plan, sent to Congress in April 2013, assumed that

during the middle decade of that period (namely, 2024-2033) annual shipbuilding budgets would

average nearly $20 billion in constant dollars. The committee directed DOD to submit a 30-year

plan that assumed annual shipbuilding budgets of $16 billion (in constant dollars), which the

Congressional Budget Office (CBO) says was the average annual shipbuilding budget over the

past 30 years.

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

Appendix Table A-5. Following are highlights:

Aircraft Carriers64

The House and Senate versions of the NDAA each would authorize a total of $3.48 billion, as

requested, to sustain a fleet of 11 nuclear-powered aircraft carriers by the end of this decade.65

Slightly less than half that total ($1.53 billion) would provide partial funding for two ships

currently under construction:

•

$944.9 million for the John F. Kennedy (CVN 79), authorized in FY2013 and

currently slated for completion in FY2022 at an estimated total cost of $11.33

billion; and

•

$588.1 million for the Gerald R. Ford (CVN 78), authorized in FY2008 and

currently slated for completion in FY2015 at an estimated total cost of $12.8

billion.66

The balance of the carrier-related funding ($1.96 billion) would partially fund major overhauls for

two existing ships, about halfway through their projected 50-year service lives. This would entail

63

For additional background and analysis of the Navy’s long-range shipbuilding plan, see CRS Report RL32665, Navy

Force Structure and Shipbuilding Plans: Background and Issues for Congress, by (name redacted).

64

For additional background and analysis, see CRS Report RS20643, Navy Ford (CVN-78) Class Aircraft Carrier

Program: Background and Issues for Congress, by (name redacted)

65

The FY2006 NDAA (P.L. 109-163, Section 126) established a requirement in law that the Navy maintain no fewer

than 12 operational carriers (codified at 10 U.S.C. 5062b). The FY2007 NDAA (P.L. 109-364, Section 1012) amended

the law to reduce the requirement to 11 carriers. The FY2010 NDAA (P.L. 111-84, Section 1023) provided that the

number of carriers could drop to 10 in the interval between the retirement of the carrier Enterprise and the

commissioning of the carrier Gerald R. Ford, currently under construction.

66

In the DOD budget documentation, NDAA and DOD appropriations bill for FY2014, funding for CVN 79 is

included in the Carrier Replacement Program while funding for CVN 78 is included in a separate budget line entitled

“Completion of Prior Year Shipbuilding Programs.”

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refueling their nuclear reactors and upgrading key electronic and weapons systems, for which the

House and Senate bills would authorize, as requested:

•

$1.71 billion for work on the Abraham Lincoln (CVN 72), slated for completion

in FY2016 at a total cost of $4.57 billion; and

•

$245.8 million from preliminary work on the George Washington (CVN 73), on

which work is scheduled to begin in FY2016.

Both bills also would increase the legislative cap on spending for the Ford (CVN 78), raising it

from $11.76 billion to $12.90 billion.

In the final version of the bill, the only change made to the carrier funding request was a

reduction of $22.1 million to the $1.96 billion requested for two refueling overhauls on grounds

that those expenses had been covered by previously appropriated funds.

Attack Submarines and Missile Submarines

The House-passed H.R. 1960 and Senate Armed Services Committee-reported S. 1197 each

would authorize, as requested, a total of $6.42 million to continue construction of Virginia-class

submarines, to design and develop a new ballistic-missile sub to replace the Ohio-class ships

currently in service, and to design an enlarged version of the Virginia-class that would greatly

increase the ship’s payload of Tomahawk land-attack missiles. The House-passed H.R. 1960

would increase the total submarine-related authorization by $492 million to compensate for the

amount that the sequestration process cut from the FY2013 appropriation for Virginia-class subs.

About three-quarters of the total amount requested ($5.28 billion) would fund continued

construction of the Virginia-class subs, including:

•

$2.93 billion to fully fund one sub and to provide about two-thirds of the cost of

a second, for which the remaining $953 million will be requested in the FY2015

budget. The House bill added $492 million—the amount of the FY2013

sequester—to this request.67

•

$2.35 billion for long lead-time components that would be used in two additional

subs for which the bulk of the funding will be included in the FY2015 budget.

The remainder of the sub-related funding, endorsed by both bills, is for R&D programs:

•

$1.08 billion to continue developing a next-generation ballistic missile sub

($787.6 million) and the associated nuclear powerplant ($296.1 million);68 and

•

$59.1 million to continue developing the Virginia Payload Module—an extension

of the sub’s hull by nearly 100 feet to accommodate four large vertical launch

tubes, each of which could accommodate seven Tomahawk missiles.

67

For additional background and analysis on the Virginia-class submarine program, see CRS Report RL32418, Navy

Virginia (SSN-774) Class Attack Submarine Procurement: Background and Issues for Congress, by (name redacted).

68

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

Missile Submarine Program: Background and Issues for Congress, by (name redacted).

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The final version of the bill mirrored the House-passed version, adding $492 million to the

authorization for new construction, to offset the loss of the same amount from the FY2013 budget

as a result of sequestration.

Destroyers69

H.R. 3304, like the versions of the FY2014 NDAA passed by the House and reported by the

Senate committee, would support the budget request for construction of new Navy destroyers.

But it also would add to the amounts requested funds that would roughly offset the funds

removed by sequester from the destroyer programs in FY2013:

•

For two DDG-51-class ships, the budget requested $1.62 billion; the Senate bill

would have increased the authorization by $100 million, while the House bill and

the final version added $332 million (which is nearly the amount cut from this

program in FY2013 by sequestration);

•

To complete construction of three DDG 1000-class destroyers, authorized in

FY2007-FY2009, the Senate bill would have authorized $231.7 million, as

requested, while the House bill and H.R. 3304 added $79.3 million, slightly more

than was sequestered from the program in FY2013.

The DDG-1000 class had been intended to succeed the DDG-51 class, the first of which was

commissioned in 1991. But in 2008, DOD announced that only three ships of the new type would

be built, while the Navy would resume procurement of DDG-51-class ships, transitioning to

procurement of an enlarged, so-called “Flight III” version of that design to be equipped with a

larger radar, designated the Air and Missile Defense Radar (AMDR), intended to improve the

ships’ missile defense capability.

Section 1025 of the final version of the bill, a modified version of a provision in the Housepassed bill, requires the Navy to compare the costs and risks of resuming procurement of DDG1000 type ships rather than the planned Flight III version of the DDG-51 design.

H.R. 3304, like the House-passed and Senate committee versions of the NDAA, authorizes

$240.1 million, as requested, to continue developing the new AMDR radar, However, in its report

on H.R. 1960, the House Armed Services Committee directed the Secretary of the Navy to submit

a report on whether a larger version of AMDR mounted on a larger ship than a destroyer would

perform the missile defense mission more effectively than the smaller version that is slated to be

installed on DDG-51s.

Littoral Combat Ships70

The final version of the bill, like H.R. 1960 and S. 1197, authorizes $1.78 billion, as requested,

for procurement of four Littoral Combat Ships (LCSs), which are fast, relatively small ships

intended to deal with hostile submarines, minefields, and small attack boats in “littoral”—that is,

69

For background and additional analysis on destroyer programs, see CRS Report RL32109, Navy DDG-51 and DDG1000 Destroyer Programs: Background and Issues for Congress, by (name redacted).

70

For background and additional analysis on the LCS program, see CRS Report RL33741, Navy Littoral Combat Ship

(LCS) Program: Background and Issues for Congress, by (name redacted).

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“near to shore”—waters. All three versions of the bill also authorize $143.1 million, as requested,

to continue acquisition of the interchangeable weapons modules intended to equip the ships for

either mine-sweeping, sub-hunting, or surface combat.

But H.R. 3304 also incorporates provisions, similar to those in the House and Senate versions of

the NDAA, requiring reports on certain aspects of the LCS program:

•

Section 124 of H.R. 3304 (elaborating on Section 125 of S. 1197) requires a

report by the Navy on its plans for how the LCS vessels would be used, how they

compare with other U.S. warships and with the ships of potential adversaries in

terms of their combat survivability, and how their capability in particular

missions compares with the capability of the older equipment they are slated to

replace. It also requires DOD organizations outside the Navy to independently

assess the ships’ suitability for their proposed missions and the adequacy of the

testing program intended to verify their capability.

•

Section 325 of the final bill (based on Section 321 of the House version) requires

a detailed report by the Navy on its plan to sustain the ships for extended periods

in areas far from U.S. shipyards—for example, in Singapore—using private

contractors rather than U.S. government personnel for routine maintenance. In its

report to accompany H.R. 1960, the House Armed Services Committee called on

the Government Accountability Office to review the Navy’s plan for sustainment

of the LCS.

Aircraft and Missile Programs (Authorization)

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

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

Long-Range Strike Weapons

H.R. 3304, like the version of the NDAA reported by the Senate Armed Services Committee,

approved requests totaling $1.09 billion to sustain and modernize the Air Force’s long-range

bomber fleet.71 Including funds for both procurement and R&D, the final bill authorizes:

•

$423.7 million to upgrade the 20 B-2 bombers (including $303.5 million to

improve the stealth planes’ defensive electronics);

•

$151.8 million to modernize B-1s;

•

$135.0 million to upgrade B-52s; and

•

$379.4 million to develop a new, stealthy bomber slated to enter service in the

mid-2020s.72

71

For background and additional analysis, see CRS Report R43049, U.S. Air Force Bomber Sustainment and

Modernization: Background and Issues for Congress, by (name redacted)

72

For background and additional analysis, see CRS Report RL34406, Air Force Next-Generation Bomber: Background

and Issues for Congress, by (name redacted).

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The House-passed version of the bill would have authorized the requested bomber funding except

that it would deny authorization for $500,000 to modify B-52s in accordance with the New

START nuclear arms reduction treaty with Russia, approved by the Senate in 2010.

Similarly, the final version of the bill, like S. 1197, authorizes, as requested, a total of $1.47

billion for an ongoing program of refurbishing Trident II nuclear-armed, submarine-launched

ballistic missiles by replacing their solid-fuel rocket motors and other aging components. The

House bill would have reduced the authorization by $717,000 for activities related to compliance

with New START.

The final bill, like the House and Senate versions, authorizes, as requested, $65.4 million to

continue the Conventional Prompt Global Strike program, aimed at developing a ballistic missile

or other vehicle that could strike a distant target with a non-nuclear warhead on short notice.73

The bill did not include a provision of S. 1197 (Section 211) that would have barred the use of

funds to develop a submarine-launched missile for this mission until 60 days after DOD reports to

Congress on how it would manage the risk that an adversary might assume that any missile

launched from a submarine carried a nuclear warhead. However, in the explanatory statement

accompanying H.R. 3304, House and Senate negotiators directed DOD to submit a report

covering not only “ambiguity” problem raised by the Senate committee but also several other

matters including possible techniques that could verify the non-nuclear character of a submarinelaunched missile.74

Other Provisions Related to Arms Control

The House-passed bill would have cut from the budget request a total of $30.2 million75 for

activities to comply with the New START treaty. Nearly half that reduction—$14.7 million—was

intended to bar the decommissioning of some ICBM missile silos and the preparation of an

associated environmental impact statement.

The House bill also included several provisions policy reflecting opposition to the New START

treaty and to President Obama’s announcement in his 2013 State of the Union Address that he

would seek agreement with Russia for additional reductions in nuclear arms.76

The H.R. 3304 did not incorporate any of the House funding cuts related to compliance with New

START. However, the final bill did incorporate provisions dealing with some of the arms control

issues addressed in the House-passed version of the bill.

73

For background an additional analysis, see CRS Report R41464, Conventional Prompt Global Strike and LongRange Ballistic Missiles: Background and Issues, by (name redacted).

74

“Joint Explanatory Statement” on the FY2014 NDAA, House Armed Services Committee website, at

http://armedservices.house.gov/index.cfm/files/serve?File_id=8A5E9112-80EF-43E1-A4E9-9AB0C0C107D8, p. 29.

75

The $30.2 million total includes $1.22 million for modification of B-52 bombers and Trident II missiles, as described

in the previous section of the report.

76

For background and additional analysis on New START and prospective future nuclear arms control agreements see

CRS Report R41219, The New START Treaty: Central Limits and Key Provisions, by (name redacted) and CRS Report

R43037, Next Steps in Nuclear Arms Control with Russia: Issues for Congress, by (name redacted).

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Table 13. Selected Nuclear Arms Control Provisions, FY2014 NDAA

Policy Issue

House-passed

H.R. 1960

Senate

committeereported

S. 1197

Enacted

H.R. 3304

Eliminating any of the three “legs” of the

strategic “triad” (land-based ICBMs, sublaunched ballistic missiles, and long-range

bombers.

Prohibited (Sec. 1051)

Opposed by Sense of

Congress (Sec. 1054)

Prohibited by Section 1055

Reducing number of long-range U.S. nuclear

missiles and bombers pursuant to the New

START treaty.

Prohibited pending

receipt by Congress

of a previously

mandated report on

allocation of cuts

among “triad” legs

(Sec. 1052 a.1.)

none

Funds may be used to

prepare for reductions (Sec.

1056 a.); no more than 50%

of funds for environmental

assessment may be spent

pending receipt by Congress

of previously mandated

report on allocation of cuts

(Sec. 1056 b.)

Decommissioning ICBM launch silos as part

of the reductions required by New START

Decommissioned silos

must be kept

“warm”—i.e., ready

for easy reactivation

(Sec. 241)

DOD to report on

advisability of

keeping

decommissioned

silos warm (Sec.

1045)

Sense of Congress that silos

be kept ready for reactivation

on 6 months’ notice (Sec.

1056 e.)

Modifying multiple warhead (or “MIRVed”)

Minuteman III ICBMs to carry only one

warhead

Must be capable of

“re-MIRVing” within

270 days (Sec. 1056)

none

Must be capable of “reMIRVing” within 180 days

(Sec. 1057)

Further reducing U.S. nuclear forces, below

caps set by New START

Only by treaty or

statute; (Sec. 1052

a.2.); And only after

President certifies (1)

Russian compliance

with existing arms

treaties and (2) high

quality intelligence on

Chinese nuclear arms;

(Sec. 1054 b.)

none

Sense of Congress that

additional cuts be made only

by treaty (Sec. 1060)

Dealing with an arms control treaty signatory

that is not complying with treaty obligations

Sense of Congress

President should

consider not seeking

additional arms

reduction agreements

(Sec. 1055 b.); Report

to Congress whether

continued U.S.

compliance is in U.S.

interest and how U.S.

will compensate for

noncompliance of

others (Sec. 1055 c.)

none

Sense of Congress President

should consider various

options and inform Congress

(Sec. 1061)

Carrier-Based UAVs

The FY2014 budget request includes a total of $167.7 million for two Navy R&D programs

aimed at developing a fleet of long-range, armed, drone aircraft to fly reconnaissance and attack

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missions from aircraft carriers. Of that total, the Senate version of the NDAA would have

authorized, as requested:

•

$21.0 million to conclude the Unmanned Combat Air Vehicle (UCAV) project,

which has tested the feasibility of operating large drones off carriers using fullsized, experimental X-47 aircraft, one of which autonomously landed on the

carrier George H. W. Bush on July 10, 2013; and

•

$146.7 million for the Unmanned Carrier-launched Airborne Surveillance and

Strike (UCLASS) project, which is intended to produce an operational weapon.

In its report on H.R. 1960, the House Armed Services Committee contended that the Navy was

acting prematurely in retiring the X-47s before they had been used to explore all the technical

challenges that the operators would encounter when the UCLASS drones were deployed. The

committee was particularly critical of the Navy’s decision to drop a planned effort to refuel an X47 in midair while the drone was fully under the control of its on-board computers, with no

intervention by a human pilot.

Accordingly, H.R. 1960 would have increased the UCAV authorization by $20.0 million—to

$41.0 million—and would have included a provision (Section 217) requiring the Navy to conduct

mid-air refueling tests with the X-47. The House bill also would have authorized, as requested,

$146.7 million for UCLASS.

The enacted version of the bill authorizes for UCAV $21.0 million, as requested, and does not

include the House provision requiring that the Navy conduct mid-air refueling tests with the X47. In the explanatory statement on the bill, House and Senate negotiators acknowledged the

Navy’s decision to continue testing the aircraft through FY2014 and “encouraged” the service to

demonstrate drone-to-drone refueling using the X-47.77

Missile Defense (Authorization)

The FY2014 budget request included $7.68 billion for the Missile Defense Agency (MDA), the

bulk of it for R&D efforts aimed to developing an array of sensors to detect ballistic missiles in

flight and weapons to destroy them. The House-passed bill would increase the total MDA

authorization by $435.4 million, with most of the additional funding directed to several Israeli

defense systems and to 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

intercontinental ballistic missiles launched from North Korea or Iran. The Senate committeereported NDAA would increase the MDA authorization by $150.0 million, directing the

additional funds to the same Israeli systems.

As enacted, H.R. 3304 would authorize $372 million more than was requested for MDA, with the

Israeli systems getting about half the increase and U.S. territorial defense accounting for most of

the remainder.

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

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

77

“Joint Explanatory Statement” on the FY2014 NDAA, House Armed Services Committee website, at

http://armedservices.house.gov/index.cfm/files/serve?File_id=8A5E9112-80EF-43E1-A4E9-9AB0C0C107D8, p. 30.

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Ground-Based Missile Defense (GMD)

The budget request includes $1.03 billion for the GMD system: some of which is intended to pay

for refurbishing and upgrading the 30 interceptor missiles currently deployed; some to prepare for

deployment of 14 additional interceptors at the existing launch site in Alaska, as the

Administration has announced it may do; and some to survey locations for a potential third

launch site for missile interceptors on the East Coast. The FY2013 NDAA (P.L. 112-239, Section

227) required DOD to develop a plan for deploying interceptors at an East Coast site, on the

grounds that it would increase the likelihood that the GMD system could intercept U.S.-bound

missiles from Iran or North Korea. The budget also requests $315.2 million for the network of

long-range radars on which the GMD system relies for target data.

As enacted, H.R. 3304 authorizes $1.13 billion for GMD, including additions to the request of

$20.0 million for assessment of a potential third site and $80.0 million to assess the causes of a

flight test failure of the system on July 5, 2013. It also includes a provision (Section 235)

requiring the deployment of an additional missile-detection radar to cover U.S. territory and

authorizes an additional $30 million for that purpose.

Following are highlights of the House-passed and Senate committee-reported and finally enacated

versions of the FY2014 NDAA that bear on U.S. territorial missile defense:

Table 14. Selected U.S. Territorial Missile Defense Provisions, FY2014 NDAA

Senate committeereported

S. 1197

Enacted

H.R. 3304

Policy Issue

House-passed

H.R. 1960

Procurement of 14

additional Ground-Based

Interceptor (GBI) missiles

Add to the request $107.0

million for long lead-time

components

Require report on cost

and effectiveness of

planned enhancements

including deployment of 14

additional GBIs (Section

238 (c.) 2C.)

Require report on cost

and effectiveness of

planned enhancements,

including deployment of 14

additional GBIs (Section

238 (c)4)

Construction of a missile

defense site on East Coast,

to complement those in

Alaska and California

[FY2013 NDAA required

evaluation of potential

deployment sites and plans

for deployment]

Add to the request $140.4

million to begin work on

the third site;

Require report on cost

and effectiveness of

planned enhancements

including deployment of 14

additional GBIs and

potential East Coast site.

(Section 238 (c.) 2D).

Add to the request $20.0

million for previously

required assessment and

planning for potential

deployment at third site

Require completion of the

site by 2018 (Section 232)

Require report on cost

and effectiveness of

potential additional

enhancements, including

third site (Section 238

(c)5)

Require briefings on status

of environmental impact

statement and dep

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