Defense: FY2015 Authorization and Appropriations

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Defense: FY2015 Authorization and

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Defense: FY2015 Authorization and Appropriations

Summary

In contrast with the debate over the FY2014 defense budget, congressional action on the FY2015

Department of Defense (DOD) “base budget” (that is, the part of the budget not associated with

operations in Afghanistan or other situations designated by the President as emergencies) was not

complicated by disputes over the total amount at issue. For both the FY2015 National Defense

Authorization Act (NDAA) and the FY2015 Defense Appropriations Act, President Obama’s

request, and versions of the legislation that were passed by the House, approved by the relevant

Senate committees, and finally enacted, varied by amounts that amounted to a small fraction of

1%. The narrow range of disagreements reflected the fact that, in each case, the request and all

versions of the legislation were consistent with the binding cap on defense spending in FY2015

that had been established by the Balanced Budget Act of 2013 (P.L. 113-67).

For the FY2015 NDAA, the President requested base budget authorizations for DOD totaling

$495.5 billion. The version of that bill passed by the House (H.R. 4435) would have authorized

$495.8 billion, the version reported by the Senate Armed Services Committee would have

authorized $496.0 billion, and the enacted bill (H.R. 3979/P.L. 113-291) authorizes $495.9

billion. (See Table 11.)

For base budget programs covered by the FY2015 Defense DOD Appropriations Act (which does

not cover the military construction budget), the Administration requested $484.3 billion. The

version of the bill (H.R. 4870) passed by the House would have added $166.3 million to that total

while the version of H.R. 4870 reported by the Senate Appropriations Committee would have cut

$1.1 billion. The final version of the Defense Appropriations Act (Division C of H.R. 83/P.L. 113235) provides $$483.7 billion. (See Table 19.)

Within those similar gross totals, however, the Administration’s budget request and the enacted

DOD funding legislation have some significant differences. Both bills either reject outright or

defers a decision on several cost reduction initiatives proposed by the Administration. At the same

time, both add to the budget billions of dollars for weapons programs and “readiness”

improvements that were not included in the budget request. Those added costs, are offset, in part,

by reductions which, according to the congressional defense committees, will have no adverse

impact on DOD programs. The cost of the congressional additions (in the base budget) is further

offset by the fact that some other costs are shifted into the part of the bill that funds war costs (or

Overseas Contingency Operations – OCO), and thus are exempt from the statutory cap on

discretionary spending. (See “NDAA Highlights” and “DOD Appropriations Overview”,

below.)

The Administration amended its FY2015 budget request for Overseas Contingency Operations

(OCO) three times in the course of 2014, each time expanding its scope to fund other emergent

DOD activities in addition to combat and post-combat operations in Afghanistan and Iraq.

The final version of the NDAA (H.R. 3979/P.L. 113-291) addressed an OCO request totaling

$63.7 billion from which it cut $1.5 million. Additions, including $1.25 billion to fund equipment

for the National Guard and reserve components and $351.0 million for the Iron Dome anti-rocket

system were offset by a cut to the amended request for the Counterterrorism Partnership Fund

(CTPF) for which the act authorizes $1.3 billion of the $4.0 billion requested.

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Defense: FY2015 Authorization and Appropriations

The final version of the FY2015 Defense Appropriations Act (H.R. 83, Division C/P.L. 113-265)

adds $1.54 billion to a $63.7 billion OCO request (which included $112.0 million in emergency

appropriations for DOD activities to combat the Ebola virus).

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Defense: FY2015 Authorization and Appropriations

Contents

Introduction...................................................................................................................................... 1

FY2015 Defense Budget Overview ................................................................................................. 3

FY2015 OCO Budget Request Highlights ................................................................................ 5

Historical Context .......................................................................................................................... 11

Mandatory Spending Caps ...................................................................................................... 12

Internal Cost Pressures ............................................................................................................ 15

FY2015 Base Budget Highlights ................................................................................................... 16

Implementing the 2014 Quadrennial Defense Review (QDR) ................................................ 17

Manpower Issues ..................................................................................................................... 18

Size of the Force................................................................................................................ 18

Compensation .................................................................................................................... 20

Defense Health Program ................................................................................................... 22

Force Structure ........................................................................................................................ 23

Army Force Reductions .................................................................................................... 23

Navy Force Reductions ..................................................................................................... 23

Air Force Reductions ........................................................................................................ 24

Modernization.......................................................................................................................... 24

Readiness ................................................................................................................................. 26

Efficiencies .............................................................................................................................. 27

FY2015 National Defense Authorization Act (NDAA): H.R. 4435, S. 2410, H.R. 3979.............. 28

NDAA Highlights .................................................................................................................... 29

Military Personnel Issues (Authorization) ............................................................................... 35

End-Strength Reductions (Authorization) ......................................................................... 35

Compensation and Benefits Changes (Authorization) ...................................................... 36

Sexual Assault Prevention and Response .......................................................................... 39

Ground Combat Systems (Authorization) ............................................................................... 39

Army and National Guard Helicopters.............................................................................. 39

Armored Vehicle and Tactical Vehicle Industrial Base ..................................................... 40

Naval Systems (Authorization) ............................................................................................... 41

Refueling a Nuclear-powered Carrier ............................................................................... 41

Temporary Lay-up of Aegis Cruisers and Amphibious Ships ........................................... 42

Missile-launching Submarines .......................................................................................... 42

Air Force Programs (Authorization)........................................................................................ 43

A-10 Ground-Attack Aircraft ............................................................................................ 43

Intelligence, Reconnaissance, and Surveillance (ISR) Aircraft......................................... 43

Missile Defense Programs ....................................................................................................... 44

Ground-based Midcourse Defense (GMD) ....................................................................... 44

Israeli Defense Systems .................................................................................................... 45

Provisions Regarding Guantanamo Bay Detainees ................................................................. 45

Provisions Relating to DOD Peacekeeping and Counterterrorism .......................................... 46

Global Train and Equip ..................................................................................................... 46

Human Rights Conditions ................................................................................................. 47

Other Security Assistance-related Provisions.................................................................... 47

Counterterrorism Partnerships Fund ................................................................................. 47

House Floor Action on H.R. 4435 ........................................................................................... 48

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FY2015 DOD Appropriations Bill (H.R. 4870; H.R. 83, Division C)........................................... 51

DOD Appropriations Overview ............................................................................................... 52

FY2015 Base Budget Appropriations Highlights .................................................................... 56

Military Personnel Issues (Appropriations) ...................................................................... 57

Proposed Force Structure Changes (Appropriations) ........................................................ 58

Ground Combat Systems (Appropriations) ....................................................................... 59

Shipbuilding (Appropriations) .......................................................................................... 59

Aircraft Procurement (Appropriations) ............................................................................. 60

FY2015 OCO Appropriations ........................................................................................... 61

House Floor Action on H.R. 4870 ........................................................................................... 63

Figures

Figure 1. OCO Funding for Operations in Iraq and Afghanistan .................................................... 8

Figure 2. OCO Troops in Iraq and Afghanistan .............................................................................. 8

Figure 3. DOD Budget Authority (excluding post-9/11 war costs), FY1975-FY2015 .................. 11

Figure 4. Successive Changes to the 2011 Defense Spending Caps .............................................. 13

Figure 5. 10-year DOD Discretionary Budget Plans, 2010-2014 .................................................. 15

Figure 6. Army and Marine Corps end-strength ............................................................................ 19

Tables

Table 1. FY2015 National Defense Authorization Act (H.R. 4435; S. 2410; H.R. 3979) ............... 2

Table 2. FY2015 DOD Appropriations Bill (H.R. 4870; H.R. 83, Division C) ............................... 2

Table 3. National Defense Base Budget Discretionary Funding, FY2015 Request......................... 3

Table 4. DOD Base Budget Discretionary Budget Authority .......................................................... 3

Table 5. FY2015 DOD Discretionary OCO Budget Request (including CTPF, ERI, Ebola,

and operations against the Islamic State) ...................................................................................... 7

Table 6. OCO Funding Related to Afghanistan and Iraq by Mission Category............................... 9

Table 7. Evolution of BCA “Sequester” Caps: FY2011-FY2014 .................................................. 14

Table 8. Active Component End-Strength (Base Budget) ............................................................. 18

Table 9. Selected Reserve Component End-Strength .................................................................... 20

Table 10. DOD Pay and Benefits as a Share of Total Budget Authority........................................ 20

Table 11. FY2015 National Defense Authorization Act (H.R. 4435; S. 2410; H.R. 3979) ........... 29

Table 12. Selected Administration Cost Cutting Proposals ........................................................... 30

Table 13. Other Selected Congressional Budget Increases ............................................................ 32

Table 14. Selected Congressional Reductions to the Administration’s FY2015 Request .............. 34

Table 15. Selected Sexual Assault-related Provisions: H.R. 4435 and S. 2410 ............................. 39

Table 16. NDAA Changes to Authorization Request for Selected Army Vehicles ........................ 41

Table 17. ISR Aircraft Issues in FY2015 NDAA .......................................................................... 43

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Table 18. Selected House Floor Amendments to FY2015 NDAA (H.R. 4435)............................. 48

Table 19. FY2015 Defense Appropriations Act (H.R. 4870; H.R. 83, Division C) ....................... 51

Table 20. Selected Administration Budget and Policy Initiatives .................................................. 52

Table 21. Selected Congressional Additions to the FY2015 Base Budget Request....................... 54

Table 22. Selected Congressional Reductions to the FY2015 Base Budget Request .................... 55

Table 23. Selected Floor Amendments to H.R. 4870 ..................................................................... 63

Table A-1. FY2015 DOD Appropriations Bill (H.R. 83, Division C) Adjusted for

Comparison with Request ........................................................................................................... 66

Table A-2. Congressional Authorization Action on Selected FY2015 Missile Defense

Agency Request .......................................................................................................................... 67

Table A-3. Congressional Appropriations Action on FY2015 Missile Defense Agency

Request ....................................................................................................................................... 70

Table A-4. FY2015 Authorization Action on Selected Ground Vehicles ....................................... 73

Table A-5. FY2015 Appropriation Action on Selected Ground Combat Vehicles ......................... 74

Table A-6. FY2015 Authorization Action on Selected Ship Programs .......................................... 75

Table A-7. FY2015 Appropriation Action on Selected Ship Programs ......................................... 77

Table A-8. FY2015 Authorization Action on Selected Space and Communications

Programs ..................................................................................................................................... 79

Table A-9. FY2015 Appropriation Action on Selected Space and Communications

Programs ..................................................................................................................................... 80

Table A-10. FY2015 Authorization Action on Selected Aircraft Programs ................................... 82

Table A-11. FY2015 Appropriation Action on Selected Aircraft Programs .................................. 86

Appendixes

Appendix. Selected Program Funding Tables ................................................................................ 66

Contacts

Author Contact Information........................................................................................................... 90

Acknowledgments ......................................................................................................................... 90

Key Policy Staff ............................................................................................................................. 90

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Defense: FY2015 Authorization and Appropriations

Introduction

Fiscal year 2015 (FY2015) is the fourth consecutive year for which discretionary appropriations

for the Department of Defense (DOD) are subject to a legally binding cap on national defenserelated spending, initially codified by P.L. 112-25, the Budget Control Act of 2011 (or BCA) and

subsequently modified, most recently by P.L. 113-67, the Bipartisan Budget Act (BBA) of 2013.1

President Obama’s FY2015 DOD budget request complied with the applicable cap as did the

versions of the FY2015 National Defense Authorization Act (NDAA) that were passed by the

House (H.R. 4435), reported by the Senate Armed Services Committee (S. 2410), and enacted

into law (H.R. 3979).

Similarly, the versions of the FY2015 Defense Appropriations Act passed by the House and

reported by the Senate Appropriations Committee (H.R. 4870) and the version enacted as part of

the Consolidated and Further Continuing Appropriations Act of 2015 (H.R. 83, Division C) all

were consistent with the defense spending cap then in force (i.e., BBA’s cap for FY2015).

By contrast, congressional action on the FY2014 DOD budget had been prolonged by the fact that

the Administration’s DOD budget request for that year exceeded the spending cap then in force,

as did the FY2014 defense funding bills reported by the Armed Services and Appropriations

Committees of both the House and Senate.2

For DOD’s FY2015 “base budget”—that is, the annual budget exclusive of war-related costs—

the Administration requested $495.6 billion in discretionary budget authority. Combined with the

amounts requested for national defense-related activities carried out by other agencies, including

the FBI and the Department of Energy, the Administration requested a total of $522.6 billion for

national defense related spending—a total that complies with the FY2015 cap on national defense

discretionary budget authority set by the BBA.3

1

Enacted in 2011 to resolve the crisis that summer about raising the debt limit, P.L. 112-25, the Budget Control Act of

2011 (BCA) required annual reductions in discretionary spending (compared with a projected spending baseline)

totaling about $2.1 trillion thru FY2021, in return for raising the debt limit by the same amount. For each year in the

decade FY2012-FY2021, the BCA caps require roughly equal reductions (from the projected baseline) in

appropriations for defense agencies and non-defense agencies. For any year for which appropriations for either

category exceed the BCA cap, appropriations are reduced to the level of the cap by a process of sequestration.

2

President Obama’s DOD budget request for FY2014, as well as the initial actions on the request by Armed Services

and Appropriations Committees of the House and Senate, all would have resulted in FY2014 defense appropriations

that were substantially higher than the BCA spending cap in force at the time. Final action on FY2014 DOD

appropriations occurred in mid-January 2014—more than three months after the start of the fiscal year—after Congress

enacted P.L. 113-67, the Bipartisan Budget Act of 2013 (BBA), which raised the FY2014 defense spending cap by

more than $20 billion, decreasing to that extent the amount Congress had to cut from the budget request in order to

avoid sequestration. For background on the FY2014 DOD spending debate, see CRS Report R43323, Defense: FY2014

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

3

The spending limits set by BCA and later modified by BBA apply to the “national defense budget function” (or

Budget Function 050), which encompasses funding for all defense-related activities of the federal government, no

matter which agency conducts them. In this report, references to the BCA or BBA spending cap relating to DOD are

based on CRS analysis of DOD’s share of discretionary funding in the broader Function 050 category, which has

averaged about 95.4% in recent years. For further elaboration, see the text box on pp. 13-14.

The statutory spending caps are binding on appropriation bills, not authorization bills. However, the Armed Services

Committees of the House and Senate typically have tried to authorize in the annual NDAA a level of appropriations

that would be consistent with any relevant, mandatory ceilings on defense spending.

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Defense: FY2015 Authorization and Appropriations

Although the President’s FY2015 budget request for DOD complied with the FY2015 cap, he

also requested an additional $27.7 billion in defense-related spending (including $26.4 billion for

DOD) as part of package called the Opportunity, Growth, and Security Initiative (OGSI). If those

additional funds were appropriated, the current FY2015 defense cap would be exceeded. In that

case, unless current law was amended, appropriations would be reduced to the level of the cap by

a process of across-the-board reductions called “sequestration.”4 Moreover, for each year from

FY2016 through FY2019, the Administration’s projected DOD budget requests would exceed the

statutory defense spending cap for that year by an average of nearly $31 billion annually (see

Table 7).

Table 1. FY2015 National Defense Authorization Act (H.R. 4435; S. 2410; H.R. 3979)

Subcommittee

Markup

House

Senate

4/30/14

5/20/14

and 5/1/14 and 5/21/14

House

Report

House

Passage

H.R. 4435

H.R. 4435

S. 2410

H.Rept.

113-446

5/25/14

S.Rept.

113-176

5/13/14

325-98

Final Bill

H.R. 3979

Senate

Report

6/2/14

Report

see

Note

House

Senate

12/4/14

12/12/14

300-119

89-11

Public

Law

P.L. 113291

Note: House and Senate negotiators drafted a compromise NDAA based on H.R. 4435 as passed by the House

and S. 2410 as reported by committee. This final version was incorporated into H.R. 3979, an unrelated bill,

which then was passed by both chambers. A “Joint Explanatory Statement” on the compromise bill (equivalent to

a conference report) is available on the House Armed Services Committee website at

http://armedservices.house.gov/index.cfm/files/serve?File_id=78ED7A79-9066-43FD-AA75-1D8F14B4B4A2.

Table 2. FY2015 DOD Appropriations Bill (H.R. 4870; H.R. 83, Division C)

Subcommittee

Markup

House

Senate

5/29/14

7/15/14

Final Bill

H.R. 83, Division C

House

Report

House

Passage

Senate

Report

H.Rept.

113-473

6/20/14

S.Rept.

113-211

6/10/14

340-73

7/17/2014

Report

see

Note

House

Senate

12/11/14

12/13/14

219-206

56-40

Public

Law

P.L. 113235

Note: House and Senate negotiators drafted a compromise defense appropriations bill based on H.R. 4870 as

passed by the House and reported by the Senate Appropriations Committee. This final version was incorporated

into H.R. 83, the Omnibus and Further Continuing Appropriations Act for FY2015, of which Division C is the

defense appropriations bill. A “Joint Explanatory Statement” on the compromise bill (equivalent to a conference

report) is printed in Book II of the Congressional Record for December 11, 2014 (pp. H9364-H9647).

4

For additional information on the sequestration process see CRS Report R42972, Sequestration as a Budget

Enforcement Process: Frequently Asked Questions, by (name redacted).

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Defense: FY2015 Authorization and Appropriations

FY2015 Defense Budget Overview

Excluding war-related costs, President Obama’s FY2015 budget request for national defenserelated activities (comprising Budget Function 050) amounts to $522.6 billion in discretionary

budget authority. This so-called “base budget” (i.e., non-war cost) amount is consistent with the

defense spending cap established by P.L. 113-67, the Bipartisan Budget Act (BBA) of 2013,

which raised the BCA spending caps for FY2014 and FY2015 (see Table 3).

Table 3. National Defense Base Budget Discretionary Funding, FY2015 Request

(amounts in billions of dollars; totals may not add due to rounding)

Discretionary

Spending

Mandatory

Spending

Total

Department of Defense

495.6

6.2a

501.8

Atomic Energy Defense-Related Activities

18.0

1.4b

19.3

Defense-Related Activities

8.3

0.6

8.9

521.9c

8.2

530.0

27.7

DOD share = 26.4

0.0

27.7

Total, Base Budget

Opportunity, Growth, and Security Initiative

(OGSI)

Source: CRS analysis of data in DOD Comptroller, National Defense Budget Estimates for FY2015 [The Green

Book]( http://comptroller.defense.gov/Portals/45/Documents/defbudget/fy2015/FY15_Green_Book.pdf), Table 1-9

“National Defense Budget Authority—Discretionary and Mandatory,” pp. 14-15.

Notes:

a.

This net amount, which reflects $1.5 billion in offsetting receipts, also includes $6.6 billion for concurrent

receipt accrual payments to the military retirement trust fund. For additional information, see CRS Report

RL33449, Military Retirement, Concurrent Receipt, and Related Major Legislative Issues, by (name redacted).

b.

The largest element of this amount is the Energy Department’s occupational illness compensation program.

c.

This total includes certain amounts that are not subject to BBA’s statutory cap on defense spending for

FY2015, which is $521.3 billion.

Within the overall FY2015 national defense budget request for discretionary spending, the base

budget for DOD military activities5 is $495.6 billion. (Table 4)

Table 4. DOD Base Budget Discretionary Budget Authority

(amounts in billions of dollars)

FY2014 Enacteda

FY2015 Request

Military Personnel

135.9

135.2

Operation and Maintenance (O&M)

192.8b

198.7

5

Certain civil functions performed by DOD components—the dredging of rivers and harbors and other civil works

operations of the Army Corps of Engineers, for example—are not included in the “national defense” budget function.

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Defense: FY2015 Authorization and Appropriations

FY2014 Enacteda

FY2015 Request

Procurement

92.4

90.4

Research, Development, Test & Engineering (RDT&E)

62.8

63.5

Revolving and Management Funds

2.2

1.2

Military Construction

8.4

5.4

Family Housing

1.4

1.2

495.9

495.6

Total, DOD Base Budget

(Discretionary)

Source: CRS analysis of data in DOD Comptroller, National Defense Budget Estimates for FY2015 [The Green

Book] (http://comptroller.defense.gov/Portals/45/Documents/defbudget/fy2015/FY15_Green_Book.pdf), Table 1-9

“National Defense Budget Authority—Discretionary and Mandatory,” p. 14.

Notes:

a.

Because of details in the financing of certain DOD activities, and in the organization of the annual DOD

funding bills, data in this table are not comparable to summary data regarding the annual authorization and

appropriations bills. For example, in this table, the Military Personnel total includes an accrual payment for

the so-called “TRICARE for Life” program ($7.3 billion for FY2014 and $6.2 billion for FY2015) that is

scored as “discretionary” funding, but which occurs automatically each year through a permanent provision

of law (10 U.S.C. 1116). Similarly, the totals in this table for O&M, Procurement, and RDT&E include

amounts that Congress authorizes and appropriates as part of the Defense Health Program, a program to

eliminate chemical weapons, and DOD’s drug interdiction and counter-drug program.

b.

The enacted FY2014 total for Operation and Maintenance (O&M) does not include $9.15 billion for

activities that DOD requested in its base budget, but which Congress funded as war costs in P.L. 113-76,

the Consolidated Appropriations Act for 2014. In its FY2015 budget request, DOD again includes those

activities in the base budget. If those funds are not counted as part of the FY2014 base budget O&M

appropriation, then the FY2015 base budget O&M request amounts to an increase of 3.1% above the prior

year. But if the $9.15 billion is counted as part of the base budget O&M appropriation, then the FY2015

O&M request shows a decrease of 1.6%.

Consistent with national defense budgets in recent years, the DOD request thus amounts to

roughly 95% of the discretionary national defense-related base budget for FY2015.

In addition to funding for DOD, the FY2015 discretionary base budget request for function 050

also includes $18.0 billion for defense-related nuclear energy activities conducted by the

Department of Energy, the largest share of which is $8.3 billion for activities related to nuclear

weapons. Other major components of the defense-related nuclear energy budget include $4.9

billion for environmental cleanup at defense nuclear sites, $1.6 billion for nuclear nonproliferation work, and $1.4 billion for work on nuclear reactors that power Navy ships.

The remaining $8.0 billion of the FY2015 base budget request for function 050 is for defenserelated activities conducted by other agencies. Of this amount, the largest single component—

$4.9 billion—would go to the FBI for counterintelligence operations.

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Opportunity, Growth, and Security Initiative (OGSI)

In addition to its base budget request, the Administration has requested for FY2015 an additional $27.7 billion as the

national defense component of the so-called Opportunity, Growth, and Security Initiative (OGSI), a $56 billion

spending package split evenly between defense and non-defense programs. If Congress were to appropriate these

funds in addition to the Administration’s total base budget request, it would exceed the FY2015 discretionary

spending cap, thus triggering sequestration.

The OGSI package also included proposed changes in existing federal programs that would have cut spending by $28

billion and proposed tax increases that would have boosted revenue by $28 billion, thus offsetting the cost of the

proposed new spending. Even if the proposed taxes were enacted, however, sequestration would occur because the

spending caps apply to the amounts appropriated for defense and non-defense discretionary spending. Unless current

law was amended, offsetting revenue increases would not eliminate the required sequestration.

Neither the Armed Services nor Appropriations Committees of the Senate or House has taken any action on the

OGSI request in their respective FY2015 funding bills.

FY2015 OCO Budget Request Highlights

The Administration amended its FY2015 budget request for Overseas Contingency Operations

(OCO) three times, expanding that category’s scope to include funding for DOD activities other

than operations relating to combat and post-combat activities in Afghanistan and Iraq.

The Initial Placeholder

At the time the FY2015 budget request was submitted to Congress in March 2014, the

Administration said it had not yet settled on an OCO budget for the upcoming year because of

ongoing negotiations with the Afghan government that would affect the number of U.S. troops

remaining in that country during FY2015. Accordingly, the budget request included, as a

“placeholder” for the OCO request, $79.4 billion—essentially the amount appropriated for OCO

in FY2014. When the House Appropriations Committee marked up its version of H.R. 4870, the

FY2015 defense appropriations bill, it incorporated this amount with few modifications.

June 2014 OCO Request

On June 27, 2014, DOD released an amended OCO budget request that included $53.8 million for

activities in (and in the region around) Afghanistan and Iraq. (See Table 5.)

The budget amendment also included funds for two newly proposed DOD programs:6

•

$4.0 billion for a new Counterterrorism Partnerships Fund (CTPF), intended to

support the counterterrorism efforts of partner states (with $1.0 billion of this

amount directed to support states bordering on Syria and to train and equip

“properly vetted elements of the Syrian armed opposition”).7

6

This budget amendment also included increased OCO funding for the Department of State and other federal agencies

including $1.0 billion for CTPF activities, $75 million for ERI, and $278 million for the U.S. share of UN

peacekeeping operations in the Central African Republic.

7

DOD Comptroller, United States Department of Defense Fiscal Year 2015 Budget Amendment: Overview, Overseas

Contingency Operations, June 2014, pp. 7-10.

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Defense: FY2015 Authorization and Appropriations

•

$925 million for a new European Reassurance Initiative (ERI), which is intended

to reassure NATO allies and bolster the defenses of NATO and non-NATO

partners “that feel most threatened by Russia’s actions against Ukraine.”8

•

To partly offset these costs, the budget amendment also included a rescission of

$117.0 million appropriated in FY2014 to modernize Army helicopters that now

are slated for retirement.

This version of the OCO budget request, which amounted for $58.6 billion for DOD, was the one

the Senate Appropriations Committee had acted on when it reported to the Senate its version of

H.R. 4870 on July 17, 2014.

Ebola-related Funding Addition

On November 5, 2014, after the House had passed the FY2015 DOD appropriations bill and the

Senate Appropriations Committee had reported its version of the measure to the Senate, the

President requested $6.18 billion in emergency appropriations to deal with the outbreak of Ebola

in Africa and to beef up domestic public health systems to deal with such threats. That package

included $112 million for the Defense Advanced Research Projects Agency (DARPA) to speed

development of medical technologies that would be useful in developing vaccines and other

defenses against Ebola and other infectious diseases. The Office of Management and Budget

categorized this request as an addition to DOD’s FY2015 OCO budget.

FY2015 DOD Funding Regarding Ebola and the Islamic State

For additional detail on the $5.1 billion in OCO funding requested to support DOD activities to combat the Ebola

virus and the Islamic State, see CRS Report R43807, FY2015 Budget Requests to Counter Ebola and the Islamic State (IS),

coordinated by (name redacted).

Increase to Counter Islamic State (IS)

On November 10, 2014, the President requested an additional $5.0 billion in DOD budget

authority for OCO in FY2015 to cover the cost of Operation Inherent Resolve, the operations

conducted by U.S. forces against the Islamic State. The Islamic State is a transnational Sunni

Islamist insurgent and terrorist group that has expanded its control over areas of parts of Iraq and

Syria since 2013.

The major components of that request include

•

8

$1.62 billion to create an Iraq Train and Equip Fund through which the Iraqi

military and Kurdish and tribal security forces would be provided equipment,

supplies, training, services, and stipends to support their role in the fight against

the Islamic State;

Ibid., pp. 10-11.

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•

$2.46 billion to cover the military personnel and Operation and Maintenance

(O&M) costs of U.S. forces engaged in Operation Inherent Resolve, aimed at

eliminating the Islamic State; and

•

$972.5 million for procurement and development of equipment, including $141.3

million to replenish missiles and other munitions expended in the operation and

$673.6 million for classified purposes.

In sum, the November 2014 adjustments brought the Administration’s FY2015 OCO request to

$63.7 billion,9 which was the amount considered by congressional negotiators drafting the final

version of the FY2015 appropriations legislation.

Table 5. FY2015 DOD Discretionary OCO Budget Request

(including CTPF, ERI, Ebola, and operations against the Islamic State)

(amounts in millions of dollars)

FY2014 Enacted

(P.L. 113-76)

FY2015

Request

OCO Related to Afghanistan and Iraq (as defined in previous budgets)

Military Personnel

7,972

5,395

68,397

[59,246]

41,570

6,233

5,599

135

80

0

46

2,165

926

85,344

[76,193]

53,765

Counterterrorism

Partnerships Funds (CTPF)

0

4,000

European Reassurance

Initiative (ERI)

0

925

85,344

58,690

offset from prior-year cancellation

0

-117

DOD share of November 5, 2014, Ebola-related

budget amendment

0

112

DOD share of November 10,2014, ISIL-related

budget amendment

0

5,000

85,344

63,685

Operation and Maintenance

[O&M minus $9,151 million congressional transfer in

FY2014]

Procurement

RDT&E

Military Construction

Revolving and Management Funds and Other DOD

Subtotal: Afghanistan and Iraq

[minus $9,151 million congressional transfer to

O&M in FY2014]

Total (before additional funding requests

related to Ebola and ISIL)

Total, DOD

9

That total includes $46 million for military construction. Of that total, $63.5 billion of the OCO request was dealt with

in the FY2015 Defense Appropriations Bill, which was Division C of H.R. 83 (the Consolidated and Further

Continuing Appropriations Act of FY2015). The military construction request was dealt with in the FY2015 Military

Construction Veterans Affairs and Related Agencies Appropriations Bill, which was Division I of H.R. 83.

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Source: DOD Comptroller, United States Department of Defense Fiscal Year 2015 Budget Amendment: Overview,

Overseas Contingency Operations, June 2014, Table 1, p. 12.

Notes: The enacted FY2014 total for Operation and Maintenance (O&M) includes $9.15 billion for activities that

DOD requested in its base budget but which Congress funded as war costs in P.L. 113-76, the Consolidated

Appropriations Act for 2014. In its FY2015 budget request, DOD again included those activities in the base

budget.

Counterterrorism Partnerships Fund and European Reassurance Initiative

For more detailed analysis of the Administration’s request for FY2015 funding for the Counterterrorism Partnerships

Fund (CTPF), see CRS Report IN10103, The Counterterrorism Partnerships Fund (CTPF) Proposal: Questions for

Congress, coordinated by (name redacted). For a more detailed analysis of the Administration’s request for FY2015

funding for the European Reassurance Initiative (ERI), see CRS Report R43478, NATO: Response to the Crisis in Ukraine

and Security Concerns in Central and Eastern Europe, coordinated by (name redacted).

The revised OCO request assumes that, between FY2014 and FY2015, the average number of

U.S. troops in Afghanistan would drop by more than two-thirds while OCO funding would

decline by slightly more than one-third. (See Figure 1 and Figure 2.)

Figure 1. OCO Funding for Operations

in Iraq and Afghanistan

Figure 2. OCO Troops

in Iraq and Afghanistan

(amounts in billions of dollars)

(numbers in thousands of personnel)

200

Afgh.

Iraq

Afgh.

Iraq

200

150

62

45

148

100

150

96

10

94

50

100

39

114

52

105

3

0.8

85

84.5

100

0.3

154

141

9

50

53.4

47

84

33

44

2008

2009

98

90

63

37

12

0

0

2008 2009 2010 2011 2012 2013 2014 2015

Notes: The FY2015 column omits additional funds

requested for the Counterterrorism Partnerships

Fund ($4.0 billion) and for the European

Reassurance Initiative ($0.9 billion). That column

also assumes that the proposed new OCO budget

authority is partly offset by the cancellation of $117

million appropriated for Army helicopters in the

FY2014 DOD appropriations bill. The FY2015

column does not reflect the November 10, 2014,

request for an additional $5 billion to combat the

Islamic State.

2010

2011

2012

2013

2014

2015

Notes: Data represent the average number of U.S.

personnel in each country during a given fiscal year.

The chart reports only personnel in each of the two

countries. DOD estimates that operations in

Afghanistan during FY2015 will be directly

supported by—on average—63,309 U.S. military

personnel stationed elsewhere in the region.

The November 10, 2014, budget amendment

assumes the average number of U.S. troops in Iraq

associated with operations against the Islamic State

during FY2015 would average 2,904. It assumes that

the number of supporting personnel in the region

would rise to 64,482.

Source: DOD Comptroller, United States Department of Defense Fiscal Year 2015 Budget Amendment: Overview,

Overseas Contingency Operations, June 2014, Figure 6, p. 6.

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According to DOD, OCO funding is slated to decline more slowly than the number of troops on

the ground for several reasons. These include

•

the continued “forward presence” of substantial U.S. forces in the Middle East,

outside of Afghanistan, to support the OCO mission;

•

the cost of base closure, unexploded ordnance disposal, and return of equipment

to the United States; and

•

the costs of replacing munitions expended in the operation and of replacing or

repairing equipment destroyed, worn out, or damaged in OCO.10

That contention is consistent with DOD’s functional breakdown of the FY2015 OCO request (see

Table 6). On the one hand, the $11.0 billion requested for the operation of U.S. forces in

Afghanistan would decline by 60%, compared with the corresponding amount in the FY2014

budget. On the other hand, the request for funding in two categories that account for more half the

spending related to Afghanistan would decline by less than 10% compared with the amounts

appropriated in FY2014, namely:

•

the $18.1 billion requested for activities outside Afghanistan to support

operations in that country would amount to 91% of the corresponding

expenditure in FY2014; and

•

the $9.2 billion requested for replacement or refurbishing of equipment and

munitions would amount to a nearly 5% increase over the FY2014 amount.

Table 6. OCO Funding Related to Afghanistan and Iraq by Mission Category

(amounts in billions of dollars; totals may not add due to rounding)

Additions

to FY2015

Request

(November

2014)

FY2014

Enacted

(P.L. 113-76)

FY2015

Request

(June 2014)

Operations and Force Protection in

Afghanistan

26.2

11.0

In-Theater Support (outside

Afghanistan)

19.9

18.1

Joint Improvised Explosive Defense

(IED) Defeat

0.9

0.4

Afghanistan Security Forces Fund

4.7

4.1

-

4.1

Afghanistan Infrastructure Fund

0.2

0.0

-

0.0

Coalition Support Funds

1.7

1.7

-

1.7

Procurement and Equipment Reset

8.8

9.2

0.3

9.5

Temporary End-Strength

4.7

2.4

-

2.4

Unexploded Ordnance Removal

0.0

0.3

-

0.3

2.0

-

Amended

FY2015

Request

11.0

20.1

0.4

10

DOD Comptroller, United States Department of Defense Fiscal Year 2015 Budget Amendment: Overview, Overseas

Contingency Operations, June 2014, p. 2.

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FY2014

Enacted

(P.L. 113-76)

FY2015

Request

(June 2014)

Additions

to FY2015

Request

(November

2014)

Iraq Train and Equip Fund

0.0

0.0

1.6

Non-DOD, Classified, and Other

DOD

18.1

6.6

subtotal: Afghanistan and Iraqrelated

85.3

53.8

Counterterrorism Partnerships

Fund (CTPF)

0.0

4.0

European Reassurance Initiative

(ERI)

0.0

0.9

85.3

58.7

5.0

63.7

offset from prior-year cancellation

0

-0.117

-

-0.117

Total, New Budget Authority

85.3

58.6

5.0

63.6

Total Budget Authority

1.2

5.0

-

Amended

FY2015

Request

1.6

7.7

58.8

4.0

0.9

Source: DOD Comptroller, United States Department of Defense Fiscal Year 2015 Budget Amendment: Overview,

Overseas Contingency Operations Budget Amendment, November 2014. Figure 3, p. 3.

Notes: The enacted FY2014 total for Operation and Maintenance (O&M) includes $9.15 billion for activities that

DOD requested in its base budget but which Congress funded as war costs in P.L. 113-76, the Consolidated

Appropriations Act for 2014. This table treats those funds as part of the FY2014 OCO appropriation.

The table does not reflect the November 5, 2014, budget amendment requesting $112 million for DOD

research on dealing with Ebola and other infectious diseases.

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Historical Context

The President’s FY2015 request of $495.6 billion in discretionary budget authority for DOD’s

base budget is lower than the corresponding FY2014 appropriation by less than $400 million. If

Congress were to approve funding at that level, FY2015 would be the third consecutive year in

which DOD’s base budget hovered at between $495 billion and $496 billion after having dropped

between FY2012 and FY2013 by $35 billion, in nominal terms (that is, without taking account of

inflation). The 7% reduction in DOD’s base budget in FY2013 was part of the government-wide

spending reduction program initiated by the 2011 BCA. (See Figure 3.)

Figure 3. DOD Budget Authority (excluding post-9/11 war costs), FY1975-FY2015

700

600

500

400

billions

of dollars

300

DOD budget

in constant FY15 dollars

200

DOD budget

in current "then-year" dollars

DOD budget in 1985, the

high point in constant dollars

100

average (mean) DOD budget,

FY1975-FY2015

1975

1980

1985

1990

1995

2000

2005

2010

2015

Source: DOD Comptroller, National Defense Budget Estimates for FY2015 (“The Green Book”), Table 6-10, pp.

143-149, except that, for 2001-2015, DOD budget in constant FY2015 dollars, is determined by CRS analysis of

data in “The Green Book,” Table 2-1. pp. 31-33 and Table 5-6, pp. 58-59.

Based on DOD’s method of adjusting for the cost of inflation, the FY2015 base budget request is

1.8% below the FY2014 appropriation in real terms. It is about 19% lower, adjusting for inflation,

than DOD’s budget in 1985, which marked the peak year (in real terms) of the Reagan-era Cold

War buildup. But it is slightly more than 1% higher in real terms than the average (mean) DOD

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Defense: FY2015 Authorization and Appropriations

budget since the end of the Vietnam War (1975-2015) and 23% higher than the FY2000 budget,

the last one enacted before the attacks of September 11, 2001.11

Mandatory Spending Caps

Since 2011, the mandatory spending caps enacted as part of the BCA have been a significant

factor in restraining the rate at which DOD spending has increased (as measured in current

dollars). The BCA required annual reductions in projected discretionary spending for FY2012FY2021 totaling $2.1 trillion, with the cuts falling equally on defense and non-defense programs.

Compared with the Administration’s 10-year projection of discretionary DOD funding published

in March 2011, the amount provided for FY2012 was reduced by terms of the BCA and the

amount provided for FY2013 was reduced by sequestration, but only after the spending caps for

that year were raised by terms of P.L. 112-240, the American Taxpayer Relief Act (ATRA) of

2012. The DOD budget request for FY2014 exceeded that modified cap and final action on

FY2014 appropriations came only after Congress enacted P.L. 113-67, the Bipartisan Budget Act

of 2014, which further raised the spending caps for FY2014 and 2015. (See Figure 4.)

Based on projections by the Office of Management and Budget (OMB), the adjusted caps would

increase at or slightly below the rate of inflation, thus keeping future DOD budgets flat in real

terms.

11

These data exclude war-related costs in FY2001-FY2015.

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Figure 4. Successive Changes to the 2011 Defense Spending Caps

(amounts in billions of dollars)

580

560

540

520

billions of dollars

500

480

460

440

420

400

2012 2013 2014 2015 2016 2017 2018 2019 2020 2021

Budget Control Act

530

of 2011 (BCA)

American Taxpayer

Relief Act

of 2012 (ATRA)

Bipartisan Budget Act

of 2013 (BBA)

DOD future years

budget plan (FYDP)

FY2015-19

471

481

490

501

513

526

538

551

565

496

475

489

500

512

525

537

551

564

496

496

499

512

524

536

550

563

496

535

544

551

559

568

Source: CRS analysis based on the relevant statutes as shown above and the table entitled, “Policy Budget

Authority and Outlays by Function, Category, and Program,” in the OMB publications entitled Analytical

Perspectives accompanying the President’s annual budget requests for FY2012 through FY2015. The table is

labelled Table 32-1 in the volumes for FY2012 and FY2013, Table 31-1 in the volume for FY2014, and Table 28-1

in the volume for FY2015.

Thus, one aspect of the interaction between DOD’s long-term budget projections and the

spending reduction effort embodied in BCA is that, after their initial year in effect (2012, when

the FY2013 budget was at issue), Congress has twice modified the spending caps so as to reduce

(but not eliminate) their impact on the then-pending budget request. (See Table 7.)

Defense Spending “Caps” in Effect for FY2012-FY2021

On August 2, 2011, the Budget Control Act of 2011 became law, setting annual spending limits for National Defense

(budget function 050) and Non-Defense (all other) for FY2012-FY2021. If Congress does not enact appropriations

that meet the annual limit, the President is required to order a sequestration that reduces spending by applying

across-the-board cuts to each program, project or activity to ensure compliance. In this report, “sequester caps” is

used to refer to spending limits that must be met to avoid a sequester. In FY2012, the BCA limit was met.

On January 2, 2013, Congress adjusted the original BCA annual limits in the American Taxpayer Relief Act

(ATRA)(H.R. 8/P.L.112-240). The FY2013 limit was raised by $26 billion and the FY2013 limit was lowered by $4

billion. The adjusted FY2013 limit was met.

On December 23, 2013, the Bipartisan Budget Act of 2013 (H.J. Res 59/P.L.113-67) raised the FY2014 limit by $22

billion and the FY2015 limit by $9 billion. The adjusted FY2014 limit was met. Adjustments to “sequester” caps are

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highlighted in the table below.

BCA limits are set for the National Defense budget function (050). CRS estimated the DOD share (generally about

$95.4%) for the original BCA and ATRA using the shares shown in the table entitled “Policy Budget Authority and

Outlay by Function, Category, and Program” in OMB’s annual budget volume, Analytical Perspectives for FY2012,

FY2013, FY2014, and FY2015.

Table 7. Evolution of BCA “Sequester” Caps: FY2011-FY2014

(in billions of dollars of discretionary budget authority)

Budget Control Act of 2011 (BCA): S. 365/P.L. 112-75

Fiscal Year

2012

2013

2014

2015

2016

2017

2018

2019

2020

2021

Total:

12-21

National Defense

555

492

502

512

523

536

549

562

576

590

5,397

DOD Estimate

530

471

481

490

501

513

526

538

551

565

5,167

The American Taxpayer Relief Act of 2012 (ATRA): H.R. 8/P.L. 112-240

2012

2013

2014

2015

2016

2017

2018

2019

2020

2021

Total:

12-21

National Defense

555

518

498

512

523

536

549

562

576

590

5,419

DOD Estimate

530

496

475

489

500

512

525

537

551

564

5,179

Bipartisan Budget Act of 2013: H.J. Res 569/P.L. 113-67

2012

2013

2014

2015

2016

2017

2018

2019

2020

2021

Total:

12-21

National Defense

555

518

520

521

523

536

549

562

576

590

5,451

DOD Estimate

530

495

496

496

499

512

524

536

550

563

5,201

Sources: Relevant laws as shown above. OMB Table 32-1 in FY2012 and FY2013 Analytical Perspectives, Table

31-1 in FY2014 and Table 28-1 in FY2015 volume. For OMB annual estimates, see OMB, Sequestration Preview

Report to the President and Congress for Fiscal Year 2015, March 10, 2014; http://www.whitehouse.gov/sites/default/

files/omb/assets/legislative_reports/sequestration/sequestration_preview_report_march2014.pdf.

On the other hand, since early 2011—months before the BCA was enacted—DOD’s long-range

spending plans have been pared back each year as part of the spending reduction effort of which

the BCA-created spending caps are the most prominent manifestation. As a result, the

Administration’s FY2015 DOD request of $496 billion in discretionary budget authority is lower

by more than 18% than the $616 billion request for FY2015 that was projected in March 2010.

(See Figure 5.)

Even if Congress were to amend the current defense spending cap for FY2015 and provide the

additional $26.4 billion requested for DOD as part of the OGSI package, discretionary DOD base

budget authority for FY2015 would be 15% lower than was projected in 2010.

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Figure 5. 10-year DOD Discretionary Budget Plans, 2010-2014

(amounts in billions of dollars)

800

700

600

billions of

current or

"then-year"

dollars

500

400

300

200

100

0

2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024

March 2010 plan

549 566 582 598 616 633 650 668 687 706

FY2011-2020

March 2011 plan

553 571 586 598 611 622 633 644 656 668

FY2012-2021

March 2012 plan

525 534 546 556 567 579 592 605 618 634

FY2013-2022

May 2013 plan

527 541 551 560 569 577 587 596 606 617

FY2014-2023

April 2014 plan

496 535 544 551 559 568 576 586 601 617

FY2015-2024

April 2014 plan

522 535

plus OGSI

Source: OMB budget documentation for FY2011-FY2015, “Analytical Perspectives,” Table 32-1 in the volumes

for FY2011, FY2012, and FY2013,Table 31-1 in the volume for FY2014, and Table 28-1 in the volume for

FY2015.

DOD Estimate of Defense Spending Caps Impact in FY2016-FY2019

In April 2014, DOD projected the impact on readiness, force structure, and selected procurement programs if the

defense spending caps for future budgets currently in force were not lifted. The report, Estimated Impacts of

Sequestration-Level Funding—FY 2015 Defense Budget, can be accessed at http://comptroller.defense.gov/Portals/45/

Documents/defbudget/fy2015/Sequestration_Impacts.pdf.

Internal Cost Pressures

Although DOD’s FY2015 base budget request is 23% higher, in real terms, than the budget was

in 2000 (the last full year before the terror attacks of 9/11), the department may face increasingly

tough budget choices if there is no change in the current statutory caps restricting future defense

budgets to increases that would match, or fall just short of, the rate of inflation.

The basic reason for this is that within major segments of the DOD budget—excluding war

costs—the annual cost-per-active-duty-troop (in inflation-adjusted terms) has been steadily

increasing for many years:

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Defense: FY2015 Authorization and Appropriations

•

Military personnel funding per capita (excluding most of the cost of medical

care) has increased by nearly 27% since 2000. Major contributing factors

included annual pay raises that frequently exceeded the average rate of pay hikes

in the private sector, increased housing allowances intended to eliminate out-ofpocket costs for personnel not living in government-provided housing, and

various policy changes that have increased pay and medical benefits for military

retirees.

•

Operation and Maintenance (O&M) funding, which covers deployments,

training, operation of bases, repair and maintenance of equipment and facilities

and most of DOD’s civilian payroll and health care costs, has been growing for

more than three decades, relative to the size of the force, at an average annual

rate of 2.7% above the cost of inflation.

•

Spending on acquisition (procurement plus R&D) per troop has increased in real

terms as developments in technology make each new generation of weaponry

more expensive (as well as more capable) than the generation it replaces.

Moreover, combat in Iraq and Afghanistan has fostered new requirements for

procurement associated with force protection, communications and

transportation.12

If DOD discretionary spending (adjusted for inflation) remains essentially flat through the early

2020s as current law (i.e., the BBA spending caps) requires, and if the real per capita costs of

personnel, O&M, and procurement continue to increase, some combination of reductions in the

size and/or readiness of the force and reductions in the scope of planned modernization may have

to occur.

FY2015 Base Budget Highlights

According to Administration officials, the $495.6 billion request for discretionary budget

authority in DOD’s base budget was intended support the national strategy outlined in DOD’s

2014 Quadrennial Defense Review (QDR) published concurrently with the funding request.13 In

general terms, the request was presented as an effort to accommodate both changing security

requirements and more constrained budgets by reducing the size of the force—particularly the

Army and Marine Corps—while modernizing the force and keeping it trained for a broader range

of missions.

Following are some major themes of the Administration’s FY2015 base budget request.

12

Acquisition spending-per-troop has shown particularly sharp increases during the two most recent periods of

sustained defense budget increases: the so-called “Reagan buildup” of the early and mid-1980s and the post-9/11

buildup that peaked in 2010.

13

Department of Defense, Quadrennial Defense Review, 2014, at http://www.defense.gov/pubs/

2014_Quadrennial_Defense_Review.pdf (hereinafter cited as “2014 QDR”).

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Implementing the 2014 Quadrennial Defense Review (QDR)

A QDR, mandated by law14 to be conducted during the first year of every four-year presidential

term, is required to “delineate a national defense strategy”; to determine the force structure,

modernization plans, and infrastructure required to implement that strategy; and to craft a budget

plan that would fund it. The review is required by law to take a 20-year outlook, and to be fiscally

unconstrained by the President’s budget request.

Some critics faulted the 2014 QDR for focusing on near-term security issues and accepting the

limitations imposed by the Administration’s budget:

[T]he 2014 QDR focused largely on the planned force structure associated with the five-year

Future Years Defense Program [covering 2015-2019], and it contained a strategy that

assumes increased risk to the force, without specifying the resources required to execute the

strategy at a low-to-moderate level of risk.15

The Administration, on the other hand, characterized the 2014 QDR as “strategy-driven and

resource-informed.”16

The DOD priorities outlined in the 2014 QDR were based on the Defense Strategic Guidance17

(DSG) issued by the Administration in January 2012. That earlier document was written as a

blueprint for reshaping by 2020 a U.S. defense establishment that had been focused for more than

a decade on very specific types of operations in Iraq and Afghanistan. Among the shifts proposed

by DSG that were echoed in the 2014 QDR are the following:

•

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

•

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 a potential

aggressor in a second region to deter that country from launching a second attack.

•

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

stability operations on a prolonged basis, such those conducted in Iraq and

Afghanistan over the past decade.

•

DOD will place more emphasis on being able to project military power in regions

to which potential adversaries will try to deny them access with precision-guided

missiles and other advanced weapons.

•

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,

14

10 U.S.C. §118. For additional background, see CRS Report R43403, The 2014 Quadrennial Defense Review (QDR)

and Defense Strategy: Issues for Congress, by (name redacted).

15

See U.S. Congress, House Armed Services, Howard P. “Buck” McKeon National Defense Authorization Act for

Fiscal Year 2015, report to accompany H.R. 4435, 113th Cong., 2nd sess., May 13, 2014, H, Rept. 113-446

(Washington: GPO, 2014), p. 227.

16

2014 QDR, p. 1.

17

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

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

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

conventional wars to peacekeeping and stability operations.

•

DOD will invest in capabilities other than traditional combat forces, including

Special Operations Forces, Intelligence, Surveillance, and Reconnaissance (ISR)

capabilities, and cyberspace defenses.

•

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.

Manpower Issues

Size of the Force

The Administration’s FY2015 budget request projected continuation of the reduction in the

number of active-component personnel begun in FY2013, with the Army and Marine Corps slated

to absorb most of the reduction. Originally, the plan was that, by FY2017, the Army would drop

to 490,000 active-duty soldiers, while the size of the Marine Corps would drop to 182,100. In

effect, the two services thus would give up the 92,000 personnel that had been added to their

strength in 2007, ending up slightly larger than they had been in 2001, the last budget year before

the terrorist attacks of 9/11.

With the FY2014 budget request, the planned drawdown was accelerated, with the two services

slated to reach their new, lower ceilings by FY2015. However, the FY2015 budget request

projected that, even if the BCA spending caps were removed, by FY2019 the Army will be further

reduced, stabilizing at between 440,000 and 450,000 active-duty personnel. If the BCA caps

remain in force, the projection is for an Army of 420,000 and a Marine Corps of 175,000. (See

Table 8.)

Table 8. Active Component End-Strength (Base Budget)

(numbers in thousands; totals may not add due to rounding)

Projected

FY2019

(w/o sequester)

Projected

FY2019

(with sequester)

FY2001

FY2010

FY2014

FY2015

request

Army

481

566

520

490

440 to 450

420

Marine Corps

173

202

190

183

182

175

Navy

372

328

324

324

n/a

n/a

Air Force

354

334

328

311

n/a

n/a

Total

1,380

1,430

1,362

1,309

n/a

n/a

Source: Data for 2001 and 2010 from DOD Comptroller, National Defense Budget Estimates for FY2015 (“The

Green Book”), Table 7-5, pp. 254-256; Data for FY2014 and 2015 from House Armed Services Committee, H.

Rept. 113-446, Report on the Howard P. “Buck” McKeon National Defense Authorization Act for FY2015, p. 136;

Projected data for 2019 from DOD Comptroller, “Briefing on the FY2015 Budget Request,”

http://comptroller.defense.gov/Portals/45/Documents/defbudget/fy2015/fy2015_Budget_Request.pdf.

Notes: The Administration request would fund in the base budget end strength of 182,700 for the Marine

Corps, which is the level to which the Administration had planned to reduce that service prior to completion of

the 2014 QDR. An additional 1,400 members of that service would be funded in the OCO budget.

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In FY2001, the last budget year before the post-9/11 buildup of U.S. force, the combined endstrength of the active component Army and Marine Corps was about 653,000—roughly twothirds of its FY1987 post-Vietnam, Cold War peak. Compared with their manpower in FY2001,

the two services had grown by about 18% in FY2010, their peak year of their post-9/11 endstrength. Compared with that same baseline, the current plan would reduce their size by 5% if the

spending caps were lifted and by 9% if the caps remained in force. (See Figure 6.)

Figure 6. Army and Marine Corps end-strength

(intervals on the horizontal axis are not equal)

1000

900

active component personnel

800

700

600

500

400

300

200

100

0

FY1987

FY2001

Army

FY2010

FY2015

FY2019

w/o

sequester

FY2019

with

sequester

Marine Corps

Source: Data for 1987, 2001, 2010, and 2015 from DOD Comptroller, National Defense Budget Estimates for

FY2015 (“The Green Book”), Table 7-5, pp. 254-56; Projected data for 2019 from DOD Comptroller, “Briefing on

the FY2015 Budget Request,” http://comptroller.defense.gov/Portals/45/Documents/defbudget/fy2015/

fy2015_Budget_Request.pdf.

Notes: The Administration estimates that the Army’s end-strength in FY2019 will be between 440,000 and

450,000, if the sequestration-level budget caps are lifted. In this figure, the “FY2019 w/o sequester” column

reflects Army end-strength of 440,000.

FY1987 marked the peak level of active-component Army and Marine strength during the Reagan buildup of the

Cold War. FY2010 was the peak level for the two services during the period of operations in Iraq and

Afghanistan.

The Administration’s FY2015 request also assumed a reduction of 12,900 personnel in the reserve

components. More than half that cut would be taken from the Army Reserve and Army National

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Guard which—taken together—account for two-thirds of Selected Reserve personnel.18 As is the

case with the Army’s active component, that service’s two reserve components would continue to

shrink under the Administration’s budget plan. Compared with their FY2014 end-strength, the

combined end-strength of the Army Reserve and Army National Guard would be reduced by 5%

by FY2019 if DOD is granted relief from the current budget caps and by 10% if the caps remain

in force. (See Table 9.)

Table 9. Selected Reserve Component End-Strength

(numbers in thousands; totals may not add due to rounding)

FY2014

Authorized

FY2015

Request

Projected

FY2019 w/o

sequester

Projected

FY2019 with

sequester

Army Reserve

205

202

195

185

Army National Guard

354

350

335

315

Navy Reserve

59

57

n/a

n/a

Marine Corps Reserve

40

39

n/a

n/a

Air Force Reserve

70

67

n/a

n/a

Air National Guard

105

105

n/a

n/a

Total

834

821

Source: Data for 2014 and 2015 from Senate Armed Services Committee, Report on the Carl Levin National

Defense Authorization Act for FY2015, S. Rept. 113-176, p. 99; projected data for 2019 from DOD

Comptroller, “Briefing on the FY2015 Budget Request,” http://comptroller.defense.gov/Portals/45/Documents/

defbudget/fy2015/fy2015_Budget_Request.pdf.

Compensation

By DOD’s accounting, more than one-third of the department’s annual budget funds pay and

benefits for military personnel. Adding the cost of pay and benefits for DOD’s nearly 800,000

civilian employees—most of whose compensation is funded in the Operation and Maintenance

accounts—brings the total cost of compensation to nearly one-half the annual DOD budget. (See

Table 10.)

Table 10. DOD Pay and Benefits as a Share of Total Budget Authority

(amounts in billions of dollars)

FY2001

enacted

% of

2001 DOD

FY2015

request

Military Personnel Appropriations

77.3

129.0

TRICARE for Life accrual

—

6.2

Defense Health Program

13.7

34.6%

32.5

% of 2015

DOD

35.6%

18

The Selected Reserve consists of personnel who are assigned to organized units that regularly assemble for training a

certain number of times in the course of a year. It does not include members of the Individual Ready Reserve (IRR),

who are not assigned to units that regularly assemble for training, but who can be mobilized as individuals.

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FY2001

enacted

% of

2001 DOD

FY2015

request

DOD dependents’ schools

1.5

3.0

Military Family Housing

3.7

1.2

Commissary Subsidy

1.0

1.1

Other Benefit Programs

2.4

3.6

Subtotal: Military Pay and Benefits

99.5

176.6

DOD civilian pay and benefits

39.8

69.8

TOTAL: DOD Pay and Benefits

139.3

48.5%

246.4

% of 2015

DOD

49.7%

Source: DOD Comptroller, FY2015 DOD Budget Request, Overview, March 2014, p. 5-1,

http://comptroller.defense.gov/Portals/45/Documents/defbudget/fy2015/

fy2015_Budget_Request_Overview_Book.pdf.

Note: The decline in spending for government-provided housing for military families reflects a policy of paying

servicemembers a housing allowance to cover the cost of acquiring housing in the private sector near their duty

stations. The total for housing allowances (which are included in “Military Personnel Appropriations”) rose from

$6.4 billion in FY2001 to $19.3 billion in the FY2015 request.

The FY2015 budget request proposed several changes in compensation policy which, the

Administration maintains, would not reduce the compensation of any servicemember but would

slow the rate at which compensation costs were rising year to year:

•

Basic pay, which typically accounts for about two-thirds of the cash

compensation of an active-duty servicemember, would be increased by 1% in

FY2015 and FY2016. This is a lower rate than the expected increase in the Labor

Department’s Employment Cost Index (ECI), which tracks changes in private

sector pay.

•

Generals and admirals would receive no increase in basic pay in FY2015.

•

Servicemembers’ Basic Allowance for Housing (BAH)—a cash payment based

on members’ rank, number of dependents, and housing costs in the area where

they are stationed—has been intended to cover 100% of housing rental expenses

for personnel who are not provided with government-supplied housing. Under

the Administration’s plan, the allowance would increase more slowly than rental

costs until the allowance covers 95% of rent and utility costs, requiring

servicemembers to cover the remaining 5%.19

•

The subsidy for commissaries—a worldwide chain of 284 supermarkets in which

servicemembers, retirees, and their dependents buy items at cost-plus-5%—

would be reduced by a total of $1 billion over three years (FY2015-FY2017).20

•

As it had done in its budget requests for FY2013 and FY2014, the Administration

included in its FY2015 DOD budget proposals to create some new fees and

19

The Administration’s proposal also would eliminate renters’ insurance from the costs to be covered by the housing

allowance. In the 1990s, the housing allowance typically covered 82% of a servicemember’s housing costs.

20

DOD estimates that commissary prices are about 30% lower than those in nearby commercial supermarkets. See

Defense Commissary Agency, “History of U.S. Military Commissaries,” at http://www.commissaries.com/history.cfm.

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copayment requirements and to increase some existing fees for beneficiaries of

TRICARE, DOD’s medical insurance program.

Defense Health Program

The FY2015 budget request included a total of $47.4 billion for DOD’s health care system, which

serves more than 9,600,000 active and retired servicemembers, their dependents, and their

survivors. Of that total, the Defense Health Program (DHP) was slated to receive $32.0 billion,

97% of which is Operation and Maintenance funding that operates DOD’s 56 hospitals and 608

medical and dental clinics in addition to funding private sector medical care purchased by the

TRICARE system under contract.21 The DHP budget includes compensation for the health care

system’s 67,000 civilian employees.

The other major components of DOD’s health care budget are

•

$8.6 billion (included in the services’ Military Personnel accounts) to fund pay

and benefits for the 85,000 uniformed medical personnel, many of who support

the noncombat health care mission directly or indirectly; and

•

$6.2 billion in payments to the Medicare-Eligible Retiree Health Care Fund,

created in 2003 to provide for the future cost of post-retirement health care of

personnel currently on active duty (and their dependents) under the so-called

TRICARE-for-Life program.22

Like several previous DOD budget requests since 2005, the FY2015 request incorporated

proposals intended to slow the rate of growth of DOD’s health care costs. The health care system

(including military personnel costs), which accounted for 6.0% of DOD’s base budget in FY2001,

accounted for 9.4% of the FY2015 base budget request.

Compared to what the FY2015 DOD health care budget would have been in the absence of the

Administrations proposed TRICARE changes, the Administration request incorporated:

•

an addition of $88 million to cover the administrative cost of consolidating into a

single TRICARE coverage plan the current menu of three TRICARE options;

•

a reduction of $180 million to reflect the higher copayment fees for

pharmaceuticals that TRICARE beneficiaries would pay under one of the

Administration’s legislative proposals, which is intended to encourage the use of

generic medications and mail-order refills; and

•

a reduction of $92 million in anticipation of savings that result from the

consolidation and reorganization of some DOD health care facilities on the basis

of a DOD study currently underway.

21

The DHP budget request also includes $655 million for medical R&D, $308 million for procurement, and $161

million in an unallocated reduction. In addition, the FY2015 military construction budget request includes $486 million

for medical facilities.

22

Technically, DOD’s annual accrual payment into the TRICARE-for-Life fund is discretionary (rather than

mandatory) funding and thus is covered by the annual National Defense Authorization Act. However, by law (10

U.S.C. §1116), the payment is made automatically by a permanent appropriation on the basis of actuarial calculations,

so it is not included in the annual DOD appropriations bill.

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The Administration also proposed an enrollment fee for military retirees joining the TRICAREfor-Life program. Currently, there is no such fee.

Personnel Policy, Military Compensation, and TRICARE Issues

For more detailed analysis of congressional action on the Administration’s proposed changes to military personnel

policy and compensation (including proposed changes to TRICARE), see CRS Report R43647, FY2015 National

Defense Authorization Act: Selected Military Personnel Issues, coordinated by (name redacted).

Force Structure

The Administration’s FY2015 budget request and its projected requests through FY2019 assumed

that reductions would be made in several components of the force in addition to some

reorganizations. Moreover, the Administration said that deeper reductions would be necessary if

the defense spending caps currently in force were not raised, officials said.

Army Force Reductions

In the Army’s active component, the number of brigade combat teams (BCTs)—ground combat

units of 4,000 to 5,000 soldiers—would drop from 36 to 32. The remaining BCTs each would be

enlarged with the addition of a third combat battalion.

The Army also would reduce from 13 to 11 the number of combat aviation brigades—each of

which fields upwards of 100 combat and transport helicopters as well as pilotless drones. To save

an estimated $1.1 billion in annual operating costs, the service would dispose of nearly 800 of its

almost 4,600 helicopters. In the process, the service hoped to economize on its aviation training

and maintenance overhead by eliminating entire fleets of several older types of aircraft. More

controversially, the plan would transfer to active-component Army units all 192 of the Apache

attack helicopters currently assigned to National Guard units, while transferring to Guard units

111 Blackhawk troop-carrying helicopters currently assigned to the active Army.

Navy Force Reductions

The FY2015 budget request for the Navy would have paid to remove spent nuclear fuel from the

two reactors that power the 25-year-old aircraft carrier U.S.S. George Washington, for which the

Navy long had planned a mid-life refueling and modernization to equip the ship for another 25

years of service. But Administration officials said that, if the defense spending caps currently in

force were not removed, the Navy would retire the ship instead, reducing the carrier force to 10

ships.

To save money, the Navy’s budget also would remove from service—but not scrap—half its fleet

of 22 Aegis cruisers and 3 of its amphibious landing ships. The vessels would be modernized over

several years and put back in service one-by-one to replace similar ships that had remained in

service and had worn out.

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Air Force Reductions

Contending that the Air Force could not sustain its current force under the reduced budgets now

in prospect, Administration officials planned to retire entire fleets of certain types of aircraft so

they could shut down the associated training and maintenance pipelines. They planned to retire

the U-2 long-range reconnaissance plane which, they said, could be replaced by long-range

drones. They also planned to retire the A-10 ground attack plane, contending that many other

types of aircraft could perform its missions using precision-guided bombs and missiles.

If the future defense spending caps remained in force, they said, the Service would propose in

future budgets retiring its force of KC-10 mid-air refueling tankers and one version of the Global

Hawk long-range reconnaissance drone.

Modernization

According to the Administration, its FY2015 DOD budget request and plan for future DOD

budgets would modernize the smaller force in prospect with an emphasis on systems that could

prevail over a “near-peer competitor”—that is, another traditionally organized military force

equipped with high-tech weaponry and communications. Compared with previously announced

modernization plans, however, the request reflected tighter defense budgets both in reductions in

the number of some items acquired and, in some cases, a shift to less technologically ambitious

development efforts.

Strategic Nuclear Forces

The budget request would sustain the existing “triad” of strategic nuclear weapons launchers:

manned bombers, land-based ICBMs, and ballistic missile launching submarines. It included

$913 million in FY2015 and an additional $8.9 billion over the course of the following four years

to develop a new long-range bomber to replace B-52s that have been in service since the early

1960s.23 The request also included $1.22 billion to continue developing a new missile-launching

sub (and its associated nuclear power plant) to replace the ten Ohio-class ships currently in

service, which are slated to begin retiring in 2025.24

Ground Combat Systems

Both the Army and the Marine Corps sidetracked efforts to push the technology envelope in

developing a new generation of armored combat vehicles, putting emphasis, instead, on less

complex programs. The Army’s highest-priced R&D program, the Ground Combat Vehicle

(GCV) program (intended as a successor to the Bradley armored troop carrier) was cancelled

weeks before the FY2015 DOD budget was made public.25 According to DOD, this single move

will reduce by a total of $3.7 billion the budgets requested in FY2015-FY2019.

23

For additional information and analysis, see CRS Report RL34406, Air Force Next-Generation Bomber: Background

and Issues for Congress, by (name redacted).

24

For additional information and analysis, see CRS Report R41129, Navy Ohio Replacement (SSBN[X]) Ballistic

Missile Submarine Program: Background and Issues for Congress, by (name redacted).

25

FY2014 budget documents, published in April 2013, projected that DOD would request $953.1 billion to continue

the GCV program in FY2015. For additional information and analysis, see CRS Report R41597, The Army’s Ground

(continued...)

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Defense: FY2015 Authorization and Appropriations

The budget request included $92.4 million to continue development of an Advanced MultiPurpose Vehicle (AMPV) intended to replace some 3,000 Vietnam War-era M-113 troop carriers

currently used as mobile command posts and battlefield ambulances and supply carriers.26

In 2012, the Marine Corps had abandoned its Expeditionary Fighting Vehicle (EFV) program, an

effort to develop an amphibious armored vehicle that would move from ship to shore at 50 mph

and then function as a troop carrier. Other efforts to develop less technologically ambitious

combat vehicles for the Marines have been slow to gain momentum in recent years. With the

existing fleet of AAV-7 amphibious troop carriers reaching 40 years of service, the Marine Corps

FY2015 budget request includes $105.5 million to develop an Amphibious Combat Vehicle

(ACV)—a conventional armored troop carrier that would replace some of the older AAV-7s.

Unlike the vehicle it would replace, the ACV might travel on wheels rather than on tracks, and

would be carried close to shore in a landing craft.27

Ships

Reflecting the Administration’s priority on forces that could hold their own in high-tech,

conventional warfare, the FY2015 budget request continued the policy of funding annually two

Virginia-class nuclear-powered submarines (requesting $5.88 billion for the program) and two

Arleigh Burke-class destroyers equipped with the Aegis anti-missile/anti-aircraft system (for

which the budget includes $2.81 billion).28

The emphasis on systems that can fight in intense conventional combat was the Administration’s

stated rationale for funding in FY2015 three Littoral Combat Ships [LCSs], rather than the four

ships that had been planned. Although the Navy had planned to buy a total of 52 of the ships (two

versions of which are being built), Defense Secretary Hagel directed the Navy to buy no

additional LCS ships (beyond those requested for FY2015) and to come up with a design for a

more robust and combat-capable ship. In the event, DOD announced on December 11, 2014 that

the Navy would continue purchasing both LCS versions with additional firepower and other

improvements.29

Aircraft

The Administration’s request would continue funding several major aircraft programs that have

been among DOD’s top priorities, though the amounts requested for FY2015 were less than had

been projected in DOD’s FY2014 budget documents.

(...continued)

Combat Vehicle (GCV) Program: Background and Issues for Congress, by (name redacted).

26

For additional information and analysis, see CRS Report R43240, The Army’s Armored Multi-Purpose Vehicle

(AMPV): Background and Issues for Congress, by (name redacted).

27

For additional information and analysis, see CRS Report R42723, Marine Corps Amphibious Combat Vehicle (ACV)

and Marine Personnel Carrier (MPC): Background and Issues for Congress, by (name redacted).

28

For additional information and analysis, see CRS Report RL32418, Navy Virginia (SSN-774) Class Attack

Submarine Procurement: Background and Issues for Congress, by (name redacted), and CRS Report RL32109, Navy

DDG-51 and DDG-1000 Destroyer Programs: Background and Issues for Congress, by (name redacted).

29

For additional information and analysis, see CRS Report RL33741, Navy Littoral Combat Ship (LCS) Program:

Background and Issues for Congress, by (name redacted).

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Defense: FY2015 Authorization and Appropriations

For the three versions of the F-35 Joint Strike fighter used by the Navy, Marine Corps and Air

Force, the budget requested $5.82 billion for 34 planes. This amounted to a reduction of eight

planes ($1.15 billion) from the FY2015 request that was projected in DOD’s FY2014 budget

request.30

The request included a total of $2.31 billion to continue development and begin production of the

KC-46A mid-air refueling tanker, a modification of the Boeing 767 jetliner intended to replace

KC-135 tankers that date from the 1960s.31

No funds were requested by the Navy to continue production of either the F/A-18E/F carrierbased strike fighter or the EF-18G Growler, a variant of the fighter equipped to jam enemy radars.

Some critics of the F-35 view continued production of the F/A-18E/F as a possible alternative to

the Navy’s version of the F-35.32

Readiness

DOD characterized the FY2015 budget request as a blueprint for the revitalization of

conventional warfighting capabilities that had atrophied during a decade of counterinsurgency

operations in Iraq and Afghanistan. DOD budget documents cited three factors as contributing to

a shortfall in current readiness:33

•

Mandatory deficit reduction measures enforced by sequestration in FY2013 and

by spending caps in FY2012, FY2104, and FY2015, which have constrained

budgets for training, equipment maintenance, and facilities upkeep.

•

Maintenance of relatively large forces in Iraq and Afghanistan that required units

to deploy frequently for operations in a demanding environment without

adequate time between deployments for rest and rehabilitation of personnel and

equipment.

•

A constant need to devote available training time and equipment to preparing

troops to fight a very specific, limited type of war at the expense of preparing for

conventional combat against a technologically advanced adversary.

For FY2015, DOD’s base budget request for operations and maintenance (O&M) accounts—

which fund training, equipment maintenance, facilities upkeep and other activities contributing to

readiness—amounted to $198.7 billion. This is 3.1% more than was appropriated for base budget

O&M funding in FY2014. However, in the FY2014 Consolidated Appropriations Act (P.L. 11376), Congress shifted to the part of the bill funding war costs $9.15 billion for O&M activities

that DOD had presented as part of the base budget. If those funds are counted as part of the

30

For additional information and analysis, see CRS Report RL30563, F-35 Joint Strike Fighter (JSF) Program, by

(name redacted).

31

For additional information and analysis, see CRS Report RL34398, Air Force KC-46A Tanker Aircraft Program, by

(name redacted).

32

For additional information and analysis, see CRS Report RL30624, Navy F/A-18E/F and EA-18G Aircraft Program,

by (name redacted).

33

DOD Comptroller, FY2015 DOD Budget Request, Overview, March 2014, pp. 3-1 thru 3-22, at

http://comptroller.defense.gov/Portals/45/Documents/defbudget/fy2015/fy2015_Budget_Request_Overview_Book.pdf.

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FY2014 base budget O&M appropriation, the FY2015 O&M request would represent a reduction

of 1.6%.

Efficiencies

In addition to proposed reductions in the size of the force and the pace of modernization, the

FY2015 request—like the three budgets that preceded it—included a number of organizational

and management initiatives that are intended to further reduce DOD operating costs:34

•

The FY2012 request projected savings totaling $150 billion over the course of

FY2012-FY2016.

•

The FY2013 request projected savings of an additional $60 billion in FY2013FY2017.

•

The FY2014 request projected savings of an additional $35 billion in FY2014FY2018.

The FY2015 budget assumed operational efficiencies that would reduce DOD costs in FY2015FY2019 by an estimated $73.3 billion, including the following projected savings:

•

a 20% reduction in headquarters budgets expected to save an estimated $5.3

billion.

•

various proposed efficiencies in the Defense Health Program (aside from the

proposed changes in the TRICARE medical insurance system) projected to save

$17.3 billion.

•

cuts to training, travel and other support costs expected to save $21.0 billion; and

•

various efficiencies in contracting expected to save $29.9 billion.

The FY2015 budget request and five-year projection also assumed reductions in manpower and in

military facilities construction funds totaling $12.2 billion. In addition, the budget request

assumed a so-called “BRAC”-round of base-closures that would cost $1.9 billion through

FY2019 but would yield annual savings thereafter.

34

DOD Comptroller, FY2015 DOD Budget Request, Overview, March 2014, pp. 4-1 thru 4-3, at

http://comptroller.defense.gov/Portals/45/Documents/defbudget/fy2015/fy2015_Budget_Request_Overview_Book.pdf.

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FY2015 National Defense Authorization Act

(NDAA): H.R. 4435, S. 2410, H.R. 3979

The versions of the National Defense Authorization Act (NDAA) for FY2015 that were passed by

the House on May 25, 2014 (H.R. 4435) and reported on June 2, 2014, by the Senate Armed

Services Committee (S. 2410) each would have authorized total DOD base budget appropriations

that would have exceeded the Administration’s base budget request by less than $500 million.

The base budget authorized by H.R. 3979—the version of the NDAA that was cleared for the

President on December 8, 2014—fell between the House and Senate versions of the bill,

authorizing $495.9 billion, which is $347 million more than the Administration requested. (See

Table 11.)

Authorized funding levels for Overseas Contingency Operations (OCO) in the House-passed,

Senate committee reported, and final versions of the FY2015 NDAA are not comparable. The

Administration’s original FY2015 budget request included $79.4 billion for OCO, but that

amount—which was identical with DOD’s enacted FY2014 OCO appropriation—was

specifically described as a placeholder that would be replaced with an updated request once

decisions were made about the number of U.S. troops slated to remain in Afghanistan through

FY2015.

Before the Administration submitted its revised OCO request, the House passed H.R. 4435, which

would have authorized the placeholder OCO amount, and the Senate Armed Services Committee

reported S. 2410, which would have provided a blanket authorization for OCO appropriations

without specifying the amount.

House and Senate negotiators drafting H.R. 3979 took account of total FY2015 OCO funding

requests totaling $63.7 billion, which the Administration submitted in three parts:

•

On June 26, 2014, it requested $53.7 billion for operations associated with

Afghanistan and Iraq plus $4.0 billion for a Counterterrorism Partnerships Fund

and $925 million for a European Reassurance Initiative to signal U.S. support for

countries unsettled by Russia’s occupation of Ukrainian territory.

•

On November 5, 2014, it requested $112 million for the Defense Advanced

Research Projects Agency (DARPA) to develop vaccines and other technologies

relevant to the effort to combat the Ebola virus.

•

And on November 10, 2014, it requested $5.0 billion for operations against the

Islamic State.

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Table 11. FY2015 National Defense Authorization Act (H.R. 4435; S. 2410; H.R. 3979)

(amounts in millions of dollars of discretionary budget authority)

Administration

Request

House-passed

H.R. 4435

Senate

Committeereported

S. 2410

Procurement

89,508

90,984

89,549

91,399

Research and Development

63,534

63,791

63,484

63,826

Operation and Maintenance

165,722

164,555

166,075

165,417

Military Personnel

135,194

135,244

135,147

134,716

Defense Health Program and

Other Authorizations

35,029

34,742

35,266

33,980

Military Construction and Family Housing

6,557

6,533

6,452

6,552

Subtotal: DOD Base Budget

495,544

495,849

495,973

495,891

Atomic Energy Defense Activities

(Energy Dept.)

17,873

17,565

17,687

17,524

513,417

513,414

513,660

513,415

Subtotal: Overseas Contingency Operations

63,733

79,445

0

63,732

(Counterterrorism Partnerships Fund) non-add

(4,000)

0

0

(1,300)

(925)

0

0

(371)

577,150

592,859

513,660

577,147

Enacted Bill

H.R. 3979

Base Budget

TOTAL: National Defense Budget

Function Base Budget

(European Reassurance Initiative) non-add

GRAND TOTAL: FY2015 NDAA

Sources: House Armed Services Committee, H.Rept. 113-446, Report on the Howard P. “Buck” McKeon National

Defense Authorization Act for FY2015, pp. 372-375; Senate Armed Services Committee, S.Rept. 113-176, Report on

the Carl Levin National Defense Authorization Act for FY2015, pp. 296-299; Joint Explanatory Statement to

accompany the National Defense Authorization Act for Fiscal Year 2015 [H.R. 3979] on the House Armed

Services Committee website at http://armedservices.house.gov/index.cfm/files/serve?File_id=78ED7A79-906643FD-AA75-1D8F14B4B4A2.

Notes: Administration officials described the $79.4 billion OCO total included in the FY2015 budget request as

a “placeholder” Subsequent to House passage of H.R. 4435 and Senate committee approval of S. 2410, the

Administration sent to Congress several amendments to its original OCO request. In sum, the final FY2015

OCO request amounted to $63.7 billion: $53.7 billion for operations related to Afghanistan and Iraq, $5 billion

to combat the Islamic State, $4 billion for Counterterrorism Partnership activities, $925 million for actions to

reassure European allies in the wake of Russia's occupation of Ukrainian territory, and $112 million for DOD

research related to combatting the Ebola virus.

NDAA Highlights

The House and Senate versions of the bill each barred—during FY2015—several of the costreduction initiatives that had been incorporated into the Administration’s budget request. Both

bills included provisions that would bar Administration proposals for a new round of military

base closures, the retirement of various Air Force planes (including A-10 ground attack aircraft),

and changes in the military commissary system.

However, the final version of the bill approved limited steps that could lead to eventual

implementation of many of the Administration’s proposals to reduce the rate of growth of military

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Defense: FY2015 Authorization and Appropriations

compensation and to retire some types of weapons. On several of these issues, including the

proposed transfer of Apache helicopters from the National Guard to the Army, the housing

allowance for military personnel, and pharmacy co-payments for TRICARE beneficiaries, the

Joint Explanatory Statement on H.R. 3979 agreed to by House and Senate negotiators specifically

cited the possibility that Congress might, at some future date, agree to these or similar costreduction proposals. (See Table 12.)

Table 12. Selected Administration Cost Cutting Proposals

Issue

Administration

Proposal

House-passed

H.R. 4435

Senate

Committeereported

S. 2410

Enacted Bill

H.R. 3979

Annual Raise in

Military Basic Pay

1.0%; freeze for

generals and

admirals

Authorizes 1.8%

raise (added cost of

$534.9 million);

Authorize freeze for

generals and

admirals (Section

602)

Supports the

Administration

proposal (Section

601)

Joint Explanatory

Statement notes

President’s authority

to set the raise at

1%; Bill authorizes

$215.3 million more

than requested for

basic pay; Bill freezes

pay for generals and

admirals (Section

601)

Annual Commissary

Subsidy ($1.4 billion

in FY2014)

3-year phase-in of $1

billion reduction,

beginning with $200

million reduction in

FY2015

Adds $100 million to

reverse

Administration

proposal, pending

study (Section 632)

Adds $200 million to

reverse

Administration

proposal; requires

DOD report

Adds $100 million to

reverse budget

proposal: Requires

study of possible

cost reductions

(Section 634)

Housing Allowance

for assignment in

U.S. (currently

covers 100% of cost)

Gradually reduce

rate of growth until

allowance covers

95% of cost

Rejects proposal;

Includes no change

in current law

governing housing

allowance

Authorizes the

Administration

proposal (Section

603)

Authorizes

reduction of

allowance in FY2015

by 1% of average

housing costs

(Section 604)

TRICARE medical

insurance for active

duty and retired

servicemembers and

their dependents

Proposes increased

deductibles and

enrollment and

participation fees

and pharmacy copayments

Authorizes none of

the proposed

changes

Authorizes only the

proposed increase in

pharmacy copayments (Section

702)

Authorizes a $3

increase in pharmacy

co-payments

(Section 702)

Decision to retire or

refuel the aircraft

carrier USS George

Washington

(previously slated for

refueling and

modernization in

FY2016 to provide

25 years of

additional service)

Defer until 2016

choice between

refueling the ship

and retiring it (DOD

five-year budget plan

assumes ship would

be retired in

FY2016)

Adds $796.2 million

for refueling and

modernization; bars

use of 50% of

Section of Defense

office budget until

funds are obligated

to upgrade the ship

(Section 1024)

Authorizes transfer

of up to $650 million

from other accounts

to refuel the ship

(Section 123); Bar

use of funds for any

action regarding the

ship that are not

necessary for

refueling (Section

1021)

Adds $795.1 million

for refueling and

modernization;

Incorporates Senate

provision barring

spending for any

purpose not

necessary for

refueling and

modernization

(Section 1023)

Congressional Research Service

30

Defense: FY2015 Authorization and Appropriations

Senate

Committeereported

S. 2410

Administration

Proposal

House-passed

H.R. 4435

Status of 11 Aegis

cruisers and three

amphibious landing

ships near the

midpoint of

expected service life

Mothball the ships

and gradually

modernize them and

put them back into

service to replace

similar ships as they

wear out

Prohibits inactivation

of any of the ships;

Requires that 2

cruisers be

modernized in

FY2015 (Section

1026)

Establishes rules for

the Administration’s

phased

modernization plan;

Requires that all

ships be kept in

active service for full

expected lifetime

(Section 1022)

Bars retirement of

any of the ships and

requires that

modernization of

two cruisers begin in

FY2015 (Section

1026)

Army/National

Guard helicopter

missions

Move all Apache

attack helicopters

from National Guard

units to Army units;

Re-equip some of

those Guard units

with Black Hawk

troop carriers

Prohibits removing

Apaches from

National Guard

units; Adds $105.2

million to buy new

Black Hawks and

modernize older

ones

Prohibits moving

more than 48

Apaches from

National Guard units

(Section 1703);

Creates commission

to study

Army/National

Guard structure

(Sections 1701-09)

Adds $145.0 million

for new Black

Hawks for National

Guard units

Bars moving any

Apaches from

National Guard to

Army in 2015 but

allows moving 48 in

2016 (Section 1712);

Creates commission

to review

Army/National

Guard roles

(Sections 1701-1707;

Adds $103.0 million

for National Guard

Black Hawks

Tomahawk cruise

missile production

(projected in 2013

to continue thru

2018 at rate of 196

missiles per year)

Reduce total

purchase, buying the

last 100 missiles in

FY2015 ($194.3

million)

Adds $82.0 million

for 96 additional

Tomahawks

Adds $82 million for

100 additional

Tomahawks

Adds $82.0 million

for 96 additional

Tomahawks

A-10 ground attack

planes.

Retire all A-10s

Prohibits retirement

of A-10s (Section

132); Adds $635.0

million in OCO

account to continue

operating, and

upgrading A-10s

Prohibits retirement

of any A-10s

(Section 134); Adds

$339.3 million to

continue operating

A-10s

Bars retirement of

any A-10s but allows

up to 36 to be

removed from daily

operation (Section

133); Adds $331.1

million for A-10

operations

U-2 intelligence

collection planes

Replace U-2s with

Global Hawk drones

Prohibits retirement

of U-2s (Section

133)

Adds $70.1 million

to keep U-2s in

service; Cuts $136.0

requested to equip

Global Hawks with

capability of U-2s

Prohibits retirement

of U-2s (Section

133); Adds $70.1

million to keep U-2s

in service; Cuts

$136.0 requested to

equip Global Hawks

with capability of U2s

Issue

Congressional Research Service

Enacted Bill

H.R. 3979

31

Defense: FY2015 Authorization and Appropriations

Senate

Committeereported

S. 2410

Enacted Bill

H.R. 3979

Issue

Administration

Proposal

House-passed

H.R. 4435

E-3A AWACS radar

planes

Retire seven (of 31)

AWACS

Prohibits retirement

of more than four

AWACS until AF

reports how it will

meet requirements

with planned force

of 24 planes (Section

135); Adds $12.2

million for AWACS

operations

Prohibits retirement

of any AWACS

(Section 136); Adds

$59.5 million to

continue operating

all 31 planes

Prohibits retirement

of any AWACS

(Section 136); Adds

$59.5 million to

continue operating

all 31 planes

military base

closures

Prepare for a Base

Realignment and

Closure (BRAC)

process in FY2017

Prohibits planning

for another BRAC

round (Section

2711); Cuts $4.8

million requested for

BRAC planning

Prohibits planning

for another BRAC

round (Section

2702); Cuts $4.8

million requested for

BRAC planning

Prohibits planning

for another BRAC

round (Section

2711); Cuts $4.8

million requested for

BRAC planning

Source: Created by the Congressional Research Service

As both the House and Senate versions of the NDAA would have done, H.R. 3979 authorizes

billions of dollars more than the budget requests for various purposes (with those gross increases

offset, in some measure, by proposed cuts to the request). Taken as a whole, the Senate bill’s addons were less ambitious than those that would have been authorized by the House bill: for two

big-ticket Navy items—refueling an aircraft carrier and buying an amphibious landing ship—the

House bill would have authorized additional funds while the Senate bill would have allowed the

Navy to use for those purposes funds that had been appropriated in earlier budgets.

For several programs, the increased authorizations provided by the final version of the bill were

closer to the higher, House-passed, amounts. For example, H.R. 3979 would add to the amount

requested nearly $1.7 billion for the carrier refueling and the additional amphibious landing ship.

However, more than $1.0 billion of the final bill’s additional authorization would apply to the

OCO budget, which is exempt from the statutory cap on defense spending. (See Table 13.)

Table 13. Other Selected Congressional Budget Increases

Issue

Operation and Maintenance

(O&M) “readiness” funding

Congressional Research Service

House-passed

H.R. 4435

Adds $1.11 billion in base

budget for increased

operational tempo, depot

maintenance and other

readiness-related activities

Senate

Committee-reported

S. 2410

Adds $586.8 million in

base budget for

readiness-related

activities

Enacted Bill

H.R. 3979

Adds $267.0 million

for readiness in base

budget and an

additional $666.2

million in OCO budget

(which is exempt from

budget caps)

32

Defense: FY2015 Authorization and Appropriations

Senate

Committee-reported

S. 2410

Issue

House-passed

H.R. 4435

EF-18G Growler electronic

warfare planes (Navy)

Adds $450.0 million for

five Growlers

Directs the Navy to

retain the option of

buying additional

Growlers; For that

purpose, adds $25.0

million and authorizes

the use of $75.0 million

appropriated in FY2014

(Section 121)

Adds $450.0 million

for five additional

growlers and directs

the Navy to retain he

option of buying more

(Section 125)

San Antonio-class (LPD-17)

amphibious landing ship

(most recently funded of

which—the 11th of the

class—cost $2.09 billion in

FY2012)

Adds $800.0 million for a

12th ship of this class;

Authorizes incremental

funding for the ship

(Section 122)

Authorizes the Navy to

transfer up to $650

million from

procurement accounts to

fund an additional LPD17 (Section 123)

Adds $800.0 million

for a 12th ship of this

class; Authorizes

incremental funding for

the ship (Section 121)

C-130 Hercules

modernization

Prohibits cancellation of

avionics upgrade for older

planes (Section 131);

Adds $73.8 million to

upgrade avionics and

engines

Adds $73.8 million to

upgrade avionics and

engines on older planes

Prohibits cancellation

of avionics upgrade for

older planes (Section

134); Adds $73.8

million to upgrade

avionics and engines

Armored combat vehicles

Adds $192.0 million to

upgrade M-1 tanks and

modernize armored tank

recovery vehicles to

sustain the armored

vehicle industrial base

Adds $136.9 million to

modernize Bradley troop

carriers, buy tank

recovery vehicles, and

give tanks more limited

modifications to sustain

the industrial base

Adds $232.9 million

modernize Bradleys,

buy tank recovery

vehicles and provide

the more extensive

tank upgrades

Accrual payments to Military

Retired Pay account; (Budget

includes $18.9 billion to

cover estimated future

payments to current

servicemembers)

No change

Adds $500.0 million to

cover the cost of P.L.

113-82, exempting

persons who joined the

service before 1/1/2014

from the BBA’s reduction

in the retired pay COLA

formuila; Also extends

that exemption through

1/1/2016 (Section 621)

Extends the exemption

created by P.L. 113-82

(Section 623; Does not

authorize a

corresponding

additional payment to

the Military Retired

Pay account

Israeli missile defense

systems (Budget includes

$176.0 for procurement of

Iron Dome defense against

short-range rockets and

mortars and $96.8 million

for R&D on three other

systems, for a total of

$272.8 million)

Adds $176.0 million for

Iron Dome and $72.0

million for the other

three Israeli missile

defense systems (total of

$520.8 million authorized)

Shifts the $176.0 million

requested for Iron Dome

procurement to R&D;

Adds $175.0 million for

R&D on the other three

Israeli systems (total of

$447.8 million

authorized)

Adds $175 million for

Iron Dome and

transfers resulting Iron

Dome procurement

(totaling $351.0

million) to OCO

budget; Adds $123.8

million for R&D on

other systems (total of

$571.6 million

authorized

Congressional Research Service

Enacted Bill

H.R. 3979

33

Defense: FY2015 Authorization and Appropriations

Senate

Committee-reported

S. 2410

House-passed

H.R. 4435

Issue

Enacted Bill

H.R. 3979

Develop a replacement for

Russian RD-180 satellite

booster

Adds $220.0 million to

develop a replacement for

the Russian-manufactured

RD-180 rocket engine

used to launch heavy

DOD satellites

Adds $100.0 million to

develop a replacement

rocket propulsion system

Adds $220.0 million to

develop a replacement

for the Russianmanufactured RD-180

rocket engine

Construction of ballistic

missile defense site near the

East Coast (in addition to

current sites in Alaska and

California)

Adds $20.0 million for

planning and design of

East Coast site

None

None

Procurement funding for

National Guard and reserve

forces

Adds $105.2 million

Adds $151.8 million

Adds $1.35 billion (of

which $1.25 billion is in

OCO funding)

Source: Created by the Congressional Research Service

To compensate for the added cost of rejecting at least some Administration-proposed savings and

making some sizeable additions to the budget request, H.R. 3979—as the House and Senate

versions of the NDAA would have done—would authorize less than the budget requested for

many programs, with some of the reductions amounting to hundreds of millions of dollars. While

some of the proposed reductions were aimed at slowing down certain acquisition programs,

others were justified on grounds that they reflected fact-of-life developments (such as changes in

foreign currency exchange rates) and would have no adverse impact on DOD’s FY2015 activities.

(See Table 14.)

Table 14. Selected Congressional Reductions to the

Administration’s FY2015 Request

House-passed

H.R. 4435

Issue

Senate

Committee-reported

S. 2410

Enacted Bill

H.R. 3979

Littoral Combat Ships;

Budget requests 3 ships

($1.43 billion)

Cuts 1 ship ($450.0

million); Adds $100.0

million for long lead-time

components

No change to request

No change to request

KC-46 tanker plane;

Budget requests 7 planes

($1.58 billion)

Cuts 1 plane ($229.7

million) because of budget

constraints

No change to request

No change to request

UCLASS carrier-based,

long-range drone; Budget

requests $403.0 million

Cuts $203.0 million

No change to request

No change to request

Army radios and radars

(Budget requests total

$1.15 billion)

Cuts total of $225.0

million from three

programs

Cuts $293.4 million from

the same three programs

Cuts $225.0 million from

the three programs

Congressional Research Service

34

Defense: FY2015 Authorization and Appropriations

Senate

Committee-reported

S. 2410

House-passed

H.R. 4435

Issue

Enacted Bill

H.R. 3979

Anticipated cost

reductions due to

fluctuations in currency

exchange rates

Cuts $ 414.1 million

Cuts $220.9 million

Cuts $220.9 million

Smaller civilian workforce

than budget assumed

Cuts $315.0 million

Cuts 250.0 million

Cuts $421.3 million

Overestimated military

personnel costs in

previous budgets

No change to request

Cut’s $761.1 million

Cuts $688.0 million

Reduction of funding for

service contractors

Cuts $817.5 million

No change to request

No change to request

Source: Created by the Congressional Research Service

Military Personnel Issues (Authorization)

CRS Analysis of Selected Military Personnel Issues

For additional detail and analysis of selected military personnel issues touched upon in the FY2015 NDAA, see CRS

Report R43647, FY2015 National Defense Authorization Act: Selected Military Personnel Issues, coordinated by (name re

dacted).

End-Strength Reductions (Authorization)

As the House and Senate versions of the FY2014 NDAA would have done, H.R. 3979 authorizes

the Administration-proposed reductions in the size of the active and reserve components of the

services. This will reduce active component end-strength by 52,800 to a total of 1,361,400

personnel (Table 8) while reducing reserve component end-strength by 12,900 to a total of

820,800 personnel (Table 9).35

In its report on H.R. 4435, the House Armed Services Committee expressed concern that,

considering ongoing overseas commitments of U.S. forces, the additional reductions that will be

necessary if the budget caps are not lifted, “may have serious implications on the capacity and

capability of the All-Volunteer Force and the ability for the services to meet the National Defense

Strategy.”36

The House committee also directed the Government Accountability Office (GAO) to investigate

why 25% of Army Reserve and 30% of Army National Guard personnel are not available for

mobilization at any given time, mostly for medical reasons.

35

The NDAA also authorizes the annual end-strength of the Coast Guard Reserve, for which both bills would maintain

the current end-strength of 9,000 personnel, as requested.

36

H.Rept. 113-446, p. 135.

Congressional Research Service

35

Defense: FY2015 Authorization and Appropriations

Compensation and Benefits Changes (Authorization)

The House-passed version of the FY2015 NDAA would block each of the Administration’s

proposals to slow the rate of growth in military pay and benefits, while the version reported by

the Senate Armed Services Committee would authorize some of those initiatives.37

In its report on H.R. 4435, the House Armed Services Committee warned of the cumulative effect

on relatively junior enlisted personnel of the proposed changes in pay and benefits,

recommending that any changes be deferred until Congress receives the recommendations of the

legislatively mandated Military Compensation and Retirement Modernization Commission

(MCRMC). This group, established by a provision of the NDAA for FY2013,38 is due to report its

findings and recommendations by February 1, 2015.

The Senate Armed Services Committee, in its report on S. 2410, said it “reluctantly” supported

proposed restraints on the increase for FY2015 in servicemembers’ basic pay and housing

allowances, as well as a proposed increase in certain pharmacy co-payment requirements under

TRICARE. However, the Senate committee, too, called for deferring other proposed changes in

TRICARE and the commissary system pending receipt of the MCRMC recommendations. It also

urged the commission to conduct a survey of servicemembers.

The enacted version of the bill—H.R. 3979—steered a middle course between the House and

Senate bills on these issues. But in the Joint Explanatory Statement accompanying the bill, House

and Senate negotiators noted that they were deferring judgment on some of the proposed cost

reductions, not rejecting them out of hand, and warning that the overall budget situation would be

a factor in the Armed Services Committees’ future decisions:

We note that if sequestration-level budgets remain in effect for fiscal year 2016 and beyond,

DOD will need to make painful cuts and achieve substantial savings across its entire budget

in order to avoid an unacceptable reduction in readiness of the Armed Forces of the United

States. The [Joint Chiefs of Staff] have urged us to take all action necessary, including

compensation adjustments, to avoid such readiness impacts.39

Military Basic Pay Authorization

Section 601 of the final bill freezes the basic pay of generals and admirals during FY2015, as the

Administration had proposed. The House and Senate bill’s each contained similar provisions.

For personnel of all other ranks, Section 601 of the Senate Committee’s bill would have

authorized a 1% raise in basic pay, beginning January 1, 2015, as called for by the budget request.

In its report on H.R. 4435, the House Armed Services Committee endorsed the 1.8% increase in

basic pay that would occur on that date under existing law40 which ties the annual increase in

37

See “Compensation,” above.

P.L. 112-229, Section 671.

39

Joint Explanatory Statement [hereinafter, JES] to accompany the National Defense Authorization Act for Fiscal Year

2015 [H.R. 3979] on the House Armed Services Committee website at

http://armedservices.house.gov/index.cfm/files/serve?File_id=78ED7A79-9066-43FD-AA75-1D8F14B4B4A2; p. 86.

38

40

37 U.S.C. §1009.

Congressional Research Service

36

Defense: FY2015 Authorization and Appropriations

military basic pay to the Labor Department’s Employment Cost Index (ECI), a measure of private

sector compensation. The House-passed bill included no provision relating to the annual increase

in basic pay (except for its Section 602, freezing basic pay for generals and admirals). However,

House bill would have increased the amount authorized for military personnel spending by

$534.9 million—the difference between the cost of the 1% raise included in the budget request

and the 1.8% raise favored by the House committee.

The enacted bill contains no provision relating to basic pay (except for generals and admirals).

However, the accompanying Joint Explanatory Statement acknowledges that the President had

“exercised his authority under Section 1009 (e) of Title 37, United States Code” to implement a

1% raise rather than the 1.8% raise that the ECI formula would require.41

Military Retired Pay COLA

H.R. 3979 includes a provision (Section 623) that essentially mirrored Section 621 of the Senate

bill, delaying until January 1, 2016, the effective date of a reduction in the annual cost-of-living

adjustment (COLA) for military retired pay. The provision’s roots lay in the Bipartisan Budget

Act (BBA) of 2013 (P.L. 113-67) enacted late in December 2013.

In addition to raising mandatory budget caps in FY2014 and FY2015, that law reduced the cost of

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

equal to the increase in the Consumer Price Index (CPI) to a percentage that was 1% lower than

the CPI change. Subsequent legislation (P.L. 113-76 and P.L. 113-82) exempted from that

provision all currently serving military personnel who joined prior to January 1, 2014.

Section 623 of the enacted bill extends that exemption to cover all who joined the service prior to

January 1, 2016. In its report on S. 2410, the Senate Armed Services Committee said this would

defer any change in the retirees’ COLA until Congress had time to review the report of the

legislatively mandated compensation review commission (MCRMC), which is due to report early

in 2015.

Housing Allowance (BAH) Authorization

Section 603 of the Senate bill (S. 2410) would have authorized, as requested, a change in the

method for computing servicemembers’ Basic Allowance for Housing (BAH) in order to allow

DOD to reduce the rate of growth in BAH payments in fiscal years 2015-2017 until they cover

95% of housing and utility costs in a particular region rather than 100% of costs, as currently is

the policy.

The House bill included no provision relating to the proposed change in the housing allowance.

However, in its report, the committee asked DOD to share with the Military Compensation

Commission any analysis it had carried out concerning the likely effects on the force of the

proposed change in the housing allowance.

Section 604 of the final bill allows DOD to implement that portion of the planned reduction in

growth that was planned for FY2015—the first year of the three-year phase-in period—pending

41

JES to accompany H.R. 3979, p. 93.

Congressional Research Service

37

Defense: FY2015 Authorization and Appropriations

the Military Compensation Commission report. “By adopting changes to BAH beginning in the

first year of the proposal, the agreement preserves the option for Congress to achieve the full

savings requested by DOD,” the Joint Explanatory Statement says.42

Commissary Subsidy Authorization

Like the House and Senate versions of the FY2015 NDAA, the final version of the bill rejected

the Administration proposal to reduce by $200 million the annual operating subsidy to the

military commissary system. The subsidy amounted to $1.37 billion in FY2014 and the

Administration requested $1.11 billion in FY2015.

H.R. 3979 authorizes restoration of the $200 million difference to the commissary budget, as the

Senate bill would have done. In its report on S. 2410, the Senate committee directed the Secretary

of Defense to present to the military compensation commission an analysis of the impact of the

commissary proposal on the purchasing power of the families of younger enlisted personnel and

an assessment of other business models for the commissary system. The House bill would have

added $100 million to the commissary budget request.

Section 634 of the final bill—which parallels Section 632 of the House bill—requires the

Secretary of Defense to sponsor a review of the commissary system by an independent

organization “experienced in grocery retail analysis.” The review is to include an assessment of

“the impact that eliminating or reducing the commissary subsidy would have on eligible

beneficiaries.”43

TRICARE Authorization

The House bill rejected the Administration’s proposed increases in TRICARE fees and pharmacy

copays, including the proposed enrollment fee for retirees joining TRICARE-for-Life. The bill

included a provision (Section 736) barring the closure or realignment of any DOD medical

facility pending a report to Congress by the Government Accountability Office (GAO) on a

currently ongoing DOD study that is expected to recommend such changes.

The Senate bill would have authorized the Administration’s proposal to increase pharmacy

copayments under TRICARE in ways designed to encourage the use of generic medications and

mail-order refills (Section 702).

Section 702 of the final version of the bill authorizes a $3 increase in the current pharmacy

copayment and requires that all prescriptions for maintenance medications—those used on a

regular basis for chronic conditions such as high cholesterol—be filled either through a pharmacy

at a military medical facility or through TRICARE’s mail-order system.

42

43

JES to accompany H.R. 3979, p. 86.

Ibid., p. 93.

Congressional Research Service

38

Defense: FY2015 Authorization and Appropriations

Sexual Assault Prevention and Response

The House and Senate bills each included provisions building on elements of the FY2014 NDAA

(P.L. 113-66) that changed DOD policy and military law regarding cases of sexual assault within

the Armed Forces.

Following are selected aspects of the sexual assault issue that are addressed in one or another

version of the FY2015 NDAA:

Table 15. Selected Sexual Assault-related Provisions: H.R. 4435 and S. 2410

Issue

Housepassed

H.R. 4435

Senate

Committeereported

S. 2410

Enacted Bill

H.R. 3979

Alleged victims of sexual assault will be consulted as to

whether they prefer an accusation of assault to be tried in

a civilian court or by court-martial

Section 534

Sections 545a

and 545b

Section 534

Victims of a sex-related offense can appeal, on a

confidential basis, the terms of their separation or

discharge from the service

Section 538

Section 545e

Section 547

“General military character” of the accused cannot be

used to establish probability of innocence in a sexual

assault case (the so-called “good soldier” defense)

Section 537

Section 545g

Section 536

Minimum sentence in sexual assault cases includes

dishonorable discharge and two years imprisonment

Section 536

none

none

none

Section 546

Section 541

Service secretary will review (at the request of the

service’s chief prosecutor) of any decision by a convening

authority not to take a case to court-martial

Source: Created by the Congressional Research Service

Note: Corresponding provisions of the two bills differ in some respects.

Ground Combat Systems (Authorization)

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

summarized in Table A-4. Following are some highlights.

Army and National Guard Helicopters

The House bill would have prohibited during FY2015 the transfer to active Army units of Apache

attack helicopters currently assigned to National Guard units many of which, in turn, would be

equipped with relatively modern Black Hawk troop-carrying helicopters drawn from Army units

(Section 1050). It also would have directed the GAO to review the analysis that was the basis of

the Army’s decision to transfer the Apaches. In its report on the bill, however, the committee

allowed for the possibility that such a transfer eventually might occur, stating: “The committee

Congressional Research Service

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Defense: FY2015 Authorization and Appropriations

expects that those units that transfer AH-64 Apache attack helicopters to the active Army would

receive priority for modernized Black Hawks.”44

The House bill also would have added to the budget $96.4 million to buy six new Black Hawks

for the National Guard plus $45.4 million to modernize early-model Black Hawks currently

equipping National Guard units.

The Senate bill would have allowed DOD to transfer to the active Army as many as 48 of the

National Guard’s 192 Apaches (Section 1703). In addition, it would have added to the budget

$145 million for eight additional Black Hawks for the National Guard.

S. 2410 also would have mandated creation of an independent commission to make

recommendations on the organization of the Army and on the allocation of missions among the

active Army, the Army Reserve and the Army National Guard (Title XVII). The bill also would

have required the Secretary of the Air Force to report each year from 2016 to 2019 on that

service’s implementation of recommendations made early in 2014 by a legislatively mandated

panel set up to review the structure of the Air Force, including the allocation of missions between

active and reserve components (Section 1061).

In the final version of the FY2015 NDAA, Section 1703 bars the transfer of any Apache

helicopters from the National Guard during FY2015 but allows the transfer of up to 48 of the

aircraft during the first six months of FY2016. Also, Sections 1701-1712 of the bill creates a

commission to study the allocation of missions between the active-duty Army and its reserve

components, paralleling the Senate bill’s initiative.

Armored Vehicle and Tactical Vehicle Industrial Base

Like the House and Senate versions of the bill, H.R. 3979 authorizes larger amounts than were

requested for tanks and other armored combat vehicles for the stated purpose of sustaining the

specialized network of suppliers and assembly plants that produce such equipment. The House

and Senate Armed Services Committees, in the reports on their respective versions of the FY2015

NDAA, each warned that the Army’s budget request for tanks and other armored combat vehicles

was inadequate to sustain that industrial base. The House committee explicitly discounted DOD’s

contention that sales to foreign governments would keep the armored industrial base intact until

late in this decade, when DOD projects a surge in procurement of such vehicles.

The final version of the bill also mirrors the House bill in authorizing additional funds for Army

trucks. In its report on H.R. 4435, the House Armed Services Committee justified these increases

as a way to even out annual funding for the trucks, avoiding the inefficiencies that would result

fluctuations in annual funding under DOD projected spending plans. (Table 16.)

44

H.Rept. 113-446, p. 199.

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Table 16. NDAA Changes to Authorization Request for Selected Army Vehicles

(amounts are in millions of dollars)

System

Budget

Request

House-passed

H.R. 4435

Senate

Committeereported

S. 2410

Enacted Bill

H.R. 3979

M-1 tank modifications

237.0

no change

+24.0

no change

M-1 tank “upgrade” with

improved digital

communications

0.0

+120.0

no change

+120.0

Bradley troop carrier

modifications

107.5

no change

+37.0

+37.0

M-88 tank recovery

vehicle procurement and

modifications

52.5

+72.0

+75.9

+75.9

Family of medium tactical

vehicles

0.0

+50.0

no change

+50.0

Family of heavy tactical

vehicles

28.4

+50.0

no change

+50.0

Source: Created by the Congressional Research Service

Naval Systems (Authorization)

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

Table A-6. Following are some highlights.

Refueling a Nuclear-powered Carrier

Like the House and Senate versions of the NDAA, H.R. 3979 includes provisions intended to

require the Navy to refuel and modernize the aircraft carrier U.S.S. George Washington. The

project—expected to cost $4.7 billion over nearly four years—would equip the ship,

commissioned in 1992, for an additional 23 years of service.

Incremental funding for preliminary work was included in DOD budgets beginning in FY2012,

with extensive work on the ship slated to begin in FY2016. But when presenting the FY2015

budget request, DOD officials said that, because of budget constraints, they were deferring until

2016 a decision whether to refuel and modernize the carrier or retire it. Officials said that the

FY2016 budget request would fund one course or the other depending on whether Congress had

indicated a willingness to provide more funding for DOD in future years than the budget caps

currently in force would allow.

On July 10, 2014, the Navy’s chief shipbuilding manager, Assistant Secretary Sean Stackley, told

a House Armed Services Subcommittee that, in the light of congressional support for retaining the

ship, the Navy was planning to fund the refueling and overhaul of the carrier in future budgets.

The House bill would have required the Navy to proceed with the originally planned mid-life

refueling and modernization of U.S.S. George Washington, authorizing an additional $785 million

for the project. The House bill also would have embargoed use of 50% of the funds appropriated

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for the Office of the Secretary of Defense in FY2015 until contracts were signed for the refueling

(Section 1024).

The Senate bill would have authorized the Navy to begin work on the carrier using in FY2015 up

to $650 million in funds that had been appropriated in prior budgets but had not been spent

(Section 1021). It also would have barred the Navy from using those funds to perform any work

on the carrier that was not a part of the refueling and modernization work (Section 1021). This

would be consistent with DOD’s announced plan to perform during FY2015 only work that

would be needed whether the ship was to be refueled or retired.

The final version of the NDAA authorizes an additional $795.1 million to begin overhauling the

ship and incorporates as Section 1023 the Senate provision barring use of the funds for any

purpose not required by the refueling and modernization plan.

Temporary Lay-up of Aegis Cruisers and Amphibious Ships

The FY2015 budget request incorporated a plan for the Navy to:

•

keep in service 11 Aegis cruisers and 9 LSD-type amphibious landing transports;

•

tie up 11 other cruisers and 3 LSDs;

•

modernize the out-of-service ships while they are laid up, over the span of

several years; and

•

return the modernized ships to service as one-for-one replacements as their sister

ships (those that remained in service) retire, beginning in the late 2020s.

H.R. 3979—like the House and Senate versions of the FY2015 NDAA—includes

restrictive provisions intended to ensure that the laid-up ships would be modernized and

would not be prematurely scrapped.

In the final version of the bill, Section 1026 requires that modernization work on two of the

cruisers begin in 2015, that none of the ships be retired, and that all of them be maintained in a

condition that would permit their return to active service. It also requires submission to Congress,

with the annual DOD budget request, of a detailed report on the status of each of the ships. The

Joint Explanatory Statement accompanying H.R. 3979 expresses the expectation that the ships be

retained in the fleet for their full, planned service lifetimes (not counting any years that the ship

was out of service because it was undergoing modernization).

Missile-launching Submarines

The final version of the FY2015 NDAA—like the House and Senate versions—authorizes the

$1.22 billion requested to develop a new class of ballistic missile-launching submarines to replace

the current fleet of Ohio-class subs, which are slated to begin retiring in 2027. That total includes

$849.3 million for design work related to the new ship and $370.0 million to continue

development of the new sub’s nuclear power plant.

H.R. 3979—like its House and Senate precursors—also creates (Section 1022) a new budget

account to fund construction of the new class of missile subs: the National Sea-Based Deterrent

Fund. Navy officials have said that, if the cost of the new subs—estimated at $6 billion apiece in

FY2013 dollars—has to be absorbed within projected shipbuilding budgets, many other ships will

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be squeezed out.45 The bill authorizes the Secretary of the Navy to transfer into the new account

up to $3.5 billion in unobligated balances from the Navy’s appropriations for FY2014-FY2016.

Air Force Programs (Authorization)

Congressional action on authorization of funding for selected types of fixed-wing aircraft is

summarized in Table A-10. Following are some highlights.

A-10 Ground-Attack Aircraft

The House and Senate versions of the FY2015 NDAA each contained provisions that would have

blocked outright the Air Force’s plan to retire its fleet of A-10 ground-attack planes. Each of those

bills also would have authorized additional funds to continue operating the A-10 fleet.

Section 133 of H.R. 3979 prohibits retirement of any A-10s, but it also allows the Air Force to

remove up to 36 of the aircraft from day-to-day operations if the Secretary of Defense certifies to

Congress that doing so is necessary to free up funding needed to sustain the readiness of the Air

Force fighter fleet. The final bill also added to the Air Force authorization request $331.2 million

for continued A-10 operations in FY2015.

Intelligence, Reconnaissance, and Surveillance (ISR) Aircraft

In the reports on their respective versions of the FY2015 NDAA, the House and Senate Armed

Services Committees each expressed concerns about Air Force plans to retire several of the

service’s surveillance and reconnaissance planes, in some cases, before a planned replacement

would be ready for service. Following is a summary of action related to those issues in the House

and Senate versions of the NDAA and in H.R. 3979, the final version enacted into law. (See

Table 17.)

Table 17. ISR Aircraft Issues in FY2015 NDAA

Administration

proposal

House-passed

H.R. 4435

Replace U-2s with

Global Hawk drones

equipped with

upgraded sensors

Prohibits retirement of U-2s

(Section 133); requires report

on cost and timetable to

replace U-2s without loss of

capability pending deployment

of the proposed replacement

Senate

Committee-reported

S. 2410

Adds $70.1 million to keep U-2s

in service; Cuts $136.0 million

requested to equip Global

Hawks with capability of U-2s;

Report cites provision of

FY2012 NDAA as prohibiting

U-2 retirements (Section 133 of

P.L. 112-81)

Enacted Bill

H.R. 3979

Prohibits retirement of U-2s

(Section 132); Adds $70.l

million to upgrade U-2s and

cuts $136.1 requested to

upgrade Global Hawks for the

U-2 mission

45

CRS Report R41129, Navy Ohio Replacement (SSBN[X]) Ballistic Missile Submarine Program: Background and

Issues for Congress, by (name redacted).

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Senate

Committee-reported

S. 2410

Enacted Bill

H.R. 3979

Prohibits retirement of more

than four AWACS until AF

reports how it will meet

requirements with the

residual force of 24 planes

(Section 135)

Prohibits retirement of any

AWACS (Section 136); Adds

$59.5 million to continue

operating all 31 planes

Prohibits retirement of any

AWACS (Section 136); Adds

$59.5 million to continue

operating all 31 AWACS.

Requires report to Congress

on the overall military

requirement for groundscanning radar planes

Prohibits retirement of any

JSTARS planes until Air Force

reports to Congress the cost

and timetable of alternatives

(Section 213); Urges Air Force

to base JSTARS replacement on

existing technology and cuts

$63 million from the $73 million

requested to develop

replacement

Prohibits retirement of any

JSTARS planes until Air Force

reports to Congress the cost

and timetable of alternatives

that would begin delivering

replacement aircraft in 2019;

(Section 219); Authorizes, as

requested, $73 million to

develop replacement

Administration

proposal

House-passed

H.R. 4435

Retire seven (of 31)

AWACS radar planes

Retire 5 (of 16)

JSTARS groundscanning radar planes;

begin developing a

replacement with new

technology, to enter

service in 2022

Source: Created by Congressional Research Service

Missile Defense Programs

The FY2015 budget request included $7.46 billion for the Missile Defense Agency (MDA), about

three-quarters of which would go to R&D efforts to develop sensors to detect ballistic missiles in

flight and weapons to destroy them. The House bill would increase the MDA authorization by a

net total of $363 million—about 4.9%. The Senate bill would add a net total of $190 million to

the request. H.R. 3979 would add a net total of $377.6 million, authorizing a total of $7.85 billion

for MDA. In each case, the bulk of the proposed increase would go to several Israeli-developed

defense systems.

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

summarized in Table A-2. Following are some highlights.

Ground-based Midcourse Defense (GMD)

The budget request included $1.00 billion for the Ground-Based Midcourse Defense (GMD),

which includes Ground-Based Interceptor (GBI) missiles currently deployed in Alaska and

California to protect U.S. territory against a small number of intercontinental ballistic missiles

(ICBMs) launched from North Korea or Iran. The final version. H.R. 3979—like the Housepassed version of the NDAA—increases the authorization by $40.0 million to improve the

reliability and maintainability of the system.

The final bill does not authorize planning and design for a third GBI deployment site, to be

located on the East Coast. The House bill would have authorized $20 million for this purpose. In

its report on H.R. 4435, the House Armed Services Committee directed MDA to provide it with

regular updates on the cost and planning estimates associated with a third site and an assessment

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of which of several potential East Coast sites would provide the best protection against missiles

launched from Iran.46

Israeli Defense Systems

The budget request included a total of $272.8 million for various Israeli-designed systems: $96.8

million to continue development of three systems designed to intercept short-range and mediumrange ballistic missiles and $176.0 million to continue acquiring for Israel’s use a fourth system

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

The House bill would have raised the total authorized for the Israeli systems to $520.8 million:

$352.0 million for Iron Dome and $168.8 million for the other three. The Senate bill would have

authorized $447.8 million: $351.0 million for Iron Dome and $220.6 million for the other three.

H.R. 3979 authorizes $571.6 million—slightly more than double the budget request—for the

Israeli missile defense systems: $351.0 million for procurement of Iron Dome (in the OCO

budget) plus $220.6 million for the other three systems.

Provisions Regarding Guantanamo Bay Detainees

The final version of the FY2015 NDAA—like the House bill—extends through December 31,

2015 restrictions in current law that prohibit the transfer to the United States of detainees held at

the U.S. Naval Station at Guantanamo Bay, Cuba (Section 1033).

By contrast, the Senate bill (Section 1031) would have allowed a detainee to be brought to U.S.

territory for continued detention and/or trial if:

•

the Secretary of Defense submits to Congress a plan to close the Guantanamo

Bay detention facility;

•

Congress does not pass (under fast-track procedures) a joint resolution of

disapproval;

•

the Secretary of Defense determines that the transfer served U.S. security

interests and that steps had been or would be taken to reduce any public safety

risks that would result; and

•

Congress received at least 30 days prior notice of the proposed transfer.

H.R. 3979 does not include a provision comparable to Section 1033 of the Senate bill which

would have allowed the temporary transfer of detainees to U.S. territory to deal with medical

emergencies.

Detainee Facilities at Guantanamo Bay

No funds for constructing additional detainee facilities at Guantanamo Bay were

requested in the FY2015 budget and none are authorized by H.R. 3979. The House

46

H.Rept. 113-446, pp. 280-281.

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version of the FY2015 NDAA would have added $69.0 million for construction at

Guantanamo Bay of a “high value detainee complex.”

Section 2808 of the final bill—repeating Section 2806 of the Senate bill—prohibits

funding the construction of any additional facility at Guantanamo Bay “unless it has

enduring military value independent of a high value detention mission.”

H.R. 3979 does not include a provision comparable to Section 1034 of the House bill that

would have barred the use of funds for recreational facilities for Guantanamo Bay

detainees.

Transfer of Detainees to Other Countries

The final version of the bill does not include language paralleling provisions of the Senate bill

that would:

•

Prohibit the transfer of detainees to Yemen (Senate bill Section 1034); or

•

Require a report to Congress on impediments to the transfer of detainees to other

countries using the greater discretion given to the executive branch by Section

1035 of the FY2014 NDAA (Section 1032).

Detainee-Related Provisions

For background and additional analysis of detainee-related provisions in the FY2015 National Defense Authorization

Act, see CRS Report R42143, Wartime Detention Provisions in Recent Defense Authorization Legislation, by (name redact

ed) and (name redacted).

Provisions Relating to DOD Peacekeeping and Counterterrorism47

Global Train and Equip

Section 1205 of the final version of the FY2015 NDAA codifies a modified version of DOD’s

premier “building partner capacity” (BPC) authority, first established by Section 1206 of the

FY2006 NDAA (P.L. 109-163) and regularly extended by subsequent NDAAs. Known for its first

decade by its original section number, “Section 1206,” as codified to Title 10 (Armed Services),

U.S. Code, Section 2282, authorizes the Secretary of Defense, with the concurrence of the

Secretary of State, to provide equipment, supplies, training, defense services, and small-scale

military construction to foreign security forces:

•

to enable foreign national military forces, national maritime or border security

forces, and other national-level security forces with counterterrorism

responsibilities to perform counterterrorism operations; and

•

to enable foreign military forces to participate in or to support military, stability,

and peace support operations which benefit U.S. national security interests.

This assistance is subject to all conditions found elsewhere in law on country eligibility and the

types of assistance that may be provided.

47

This section of the report was written by (name reda cted), Specialist in International Security Affairs.

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Human Rights Conditions

Section 1204 of H.R. 3979 codifies a modified version of the recurring “Leahy Law” human

rights condition on DOD assistance to foreign security forces included in annual DOD defense

appropriations measures since 1989. As codified to Title 10 U.S.C. Section 2249e, the DOD

Leahy Law prohibits providing training, equipment, and “other assistance” to members of a

foreign security force unit where there is credible information that the unit has committed a gross

violation of human rights.48 Exceptions are made for disaster, humanitarian and emergency

assistance, and for cases where a foreign government “has taken all necessary corrective steps” to

address a unit’s gross violations of human rights. (The term “all necessary corrective steps” is not

defined.) The prohibition could be waived in case of “extraordinary circumstances.”

In a related human rights innovation, Section 1206 of the enacted bill authorizes the Secretary of

Defense, with the concurrence of the Secretary of State, to conduct human rights and rule of law

training of security forces and associated foreign government security ministries through FY2020.

This provision permits human rights and rule of law training, under certain conditions, to foreign

security units that would otherwise be prohibited from receiving such training by the DOD Leahy

Law (see above) or other law.

Other Security Assistance-related Provisions

The final version of the FY2015 NDAA also contains two other provisions regarding DOD BPC

and other security assistance:

Section 1201 extends the joint DOD-State Department Global Security Contingency Fund

(GSCF, Section 1207 of the FY2012 NDAA, P.L. 112-81, as amended) through FY2017. The

GSCF may be used for BPC counterterrorism programs similar to those conducted under Section

1206, Global Train and Equip as well as justice sector, rule of law, and stabilization support.49

Section 1201 adds a new provision permitting up to $750,000 to be used per project for smallscale construction; and

Section 1211 of the bill requires the Secretary of Defense, in consultation with the Secretary of

State, to report by February 1 of 2016, 2018, and 2020 on 18 specified DOD programs, describing

assistance provided, stating the cost, and describing metrics, if any used to assess and evaluate

those programs.

Counterterrorism Partnerships Fund

Section 1510 of H.R. 3979 authorizes up to $1.3 billion in FY2015 DOD appropriations to

establish the new Counterterrorism Partnerships Fund (CTPF) requested by the Administration in

June 2014. (The Administration requested $4 billion in DOD funding.) Section 1534 authorizes

the use of CTPF funds for two purposes: (1) to provide support and assistance to foreign security

forces or other groups or individuals to conduct, support, or facilitate counterterrorism and crisis

48

See: CRS Report R43361, “Leahy Law” Human Rights Provisions and Security Assistance: Issue Overview,

coordinated by (name redacted).

49

See CRS Report R42641, Global Security Contingency Fund: Summary and Issue Overview, by (name redacted).

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response activities under existing DOD authorities, and (2) to improve U.S. military capacity to

provide enabling support to counterterrorism and crisis response activities undertaken by foreign

security forces or other groups or individuals.

Congress established a number of limitations on this authority. Section 1534 limits CTPF-funded

activities to the areas of responsibility of the U.S. Central Command (excluding assistance or

other support for the government of Iraq) and the U.S. Africa Command. Activities elsewhere

may be funded only if the Secretary of Defense determines it necessary to counter an increased

national security risk and no other monies are available.

CTPF funds can only be used when transferred to any existing DOD operation and maintenance

account to conduct programs under any existing DOD authority and subject to the requirements

and limitations of that authority. Although Section 1534 does not specify potential recipient

accounts, Section 9016 of the FY2015 omnibus appropriations act (P.L. 113-235) provides that up

to $500 million CTPF monies may be used through FY2015 to assist vetted Syrian forces, groups,

and individuals authorized to receive assistance under Section 1209 of the FY2015 NDAA.

Among possible authorities under which CTPF monies may be spent are the “Section 1206”

Build Partner Capacity authority (as codified at 10 U.S.C. 2282), the Global Security

Contingency Fund, and the Regional Defense Counterterrorism Fellowship Program (10 U.S.C.

2249c). P.L. 112-235 designates CTPF monies as Overseas Contingency Operations/Global War

on Terrorism funds.

House Floor Action on H.R. 4435

The House passed H.R. 4435, the Howard P. “Buck” McKeon National Defense Authorization

Act for FY2015, on May 25, 2014 by a vote of 325-98. Following is a summary of House action

on selected amendments considered during floor debate on the bill:

Table 18. Selected House Floor Amendments to FY2015 NDAA (H.R. 4435)

Principal

sponsor

House

Amdt.

Number

Summary

Disposition

in House

Disposition

in Enacted

Bill

H.R. 3979

War on Terror

Lambert

667

Require DOD to establish plan with Afghan

government for reimbursement of U.S. contractors

who paid illegal taxes to Afghan government

agreed

voice vote

not included

Schiff

680

Sunset, 12 months after enactment of the bill, the

Authorization of Use of Military Force (AUMF)

resolution adopted in 2001

rejected

191-233

n/a

Broun

687

en bloc 6

Prohibit use of unmanned aerial vehicle (“drone”) to

kill a U.S. citizen except one who is actively engaged in

combat against the United States

agreed

voice vote

not included

Gibson

687

en bloc 6

Provided that nothing in this bill shall be construed as

authorizing the use of military force against Syria or

Iran

agreed

voice vote

Section 1279

(applies only

to Iran)

Detainee Issues

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Principal

sponsor

House

Amdt.

Number

Summary

Disposition

in House

Disposition

in Enacted

Bill

H.R. 3979

Smith

(Wash.)

675

Provide a framework for closure of the detention

facility at U.S. Naval Station Guantanamo Bay, Cuba

rejected

177-247

n/a

Smith

(Wash.)

676

Eliminate indefinite detention of persons under

authority of the AUMF and provide for transfer of

detainees to trial by federal or state courts

rejected

191-230

n/a

Prohibit use of taxpayer funds to provide additional or

upgraded recreational facilities for detainees at

Guantanamo Bay

agreed

voice vote

Section 1032

669

Eliminate the expiration date (2021) from Section

1634 of the bill which requires DOD to retain ICBM

launch silos from which missiles have been removed

in a “warm” status that would facilitate their

reactivation

agreed

222-196

Section 1644

Lamborn

679

Prohibit the use of funds to implement the New

START arms reduction treaty until Secretary of

Defense certifies that Russia no longer is occupying

Ukrainian territory and is complying with the INF and

CFE treaties

agreed

233-191

not included

Blumenauer

681

Require Congressional Budget Office to update

annually its report on the projected cost of U.S.

nuclear forces

agreed

224-199

modified

Section 1643

686

en bloc 6

Prohibit the use of funds to remove nuclearweapons capable aircraft from Europe unless

Secretary of Defense certifies that Russia no longer is

occupying Ukrainian territory and is complying with

the INF and CFE treaties; Also require report on cost

and burden-sharing arrangements with NATO of U.S.

nuclear weapons “forward-based” in Europe

agreed

voice vote

modified

Section 1649

Franks

688

en bloc 7

Increase by $99 million the authorization for Aegis

missile defense (offset by reductions in other

programs)

agreed

voice vote

final

authorization

amount

included the

increase

Kelly

685

en bloc 4

Express sense of Congress opposing sale by France

to Russia of two Mistral-class amphibious assault ships

agreed

voice vote

not included

deLauro

687

en bloc 6

Prohibit DOD contracts with Russian arms export

agency Rosoboronexport unless Secretary of

Defense certifies that the agency has ceased

transferring arms to Syria and that Russia has

withdrawn its forces from Crimea

agreed

voice vote

modified

Section 1246

Engel

687

en bloc 6

Establish a policy of opposing the transfer to Russia,

by any NATO member, of defense articles or services

while Russian forces occupy the territory of Ukraine

agreed

voice vote

not included

Ross

686

en bloc 5

Strategic Arms, Arms Control, and Russia

Daines

Turner

Other Issues

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Express sense of Congress that military personnel on

active duty who live in or are stationed in

Washington, DC should be exempt from local guncontrol restrictions

agreed

voice vote

not included

Prohibit the use of funds to implement certain

climate-change assessments and reports

agreed

231-192

not included

Gingrey

688

en bloc 7

McKinley

671

Connolly

685

en bloc 4

Direct the President to sell F-16 fighters to Taiwan

agreed

voice vote

not included

Jenkins

678

Create a moratorium on insourcing of previously

contracted DOD activities, unless an activity is

“inherently governmental” or DOD can document

specific savings from insourcing

rejected

179-244

n/a

Kilmer

672

en bloc 1

Prohibit furloughs for budgetary reasons of DOD

civilians paid by working capital funds

agreed

voice vote

not included

Griffith

682

en bloc 2

Reduce (by attrition) the number of generals and

admirals by 33 by the end of 2015

agreed

voice vote

not included

Langevin

684

en bloc 3

Require the National Institute of Mental Health to

conduct a study of the mental, behavioral and

psychological health of Special Operations Forces

agreed

voice vote

modified

Section 586

Source: Created by Congressional Research Service

Notes: “House Amendment Number” is the number assigned to an amendment by the House Clerk, by which

amendments can be traced through CRS’s Legislative Information System (LIS). It is not the same as the number

assigned to the amendment by the House Rules Committee in H.Rept. 113-646, its report on the rule that

governed debate on amendments to H.R. 3979 (H.Res. 770).

During floor action on the bill, dozens of amendments were aggregated into several en bloc amendments, each

of which was agreed to by voice vote. Individual amendments in this table that were agreed to as a component of

one of those en bloc amendments are so identified.

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FY2015 DOD Appropriations Bill

(H.R. 4870; H.R. 83, Division C)

The Consolidated and Further Continuing Appropriations Act for FY2015 (H.R. 83, codified as

P.L. 113-235) incorporates as Division C the FY2015 Defense Appropriations Act which

appropriates $483.7 billion for DOD’s FY2015 base budget. Compared with the Administration’s

$484.3 billion request for base budget programs funded in that bill, this amounts to a reduction of

$548 million—slightly more than 1/1000th of 1%. (See Table 19.)

Within those similar gross totals, however, the budget request and the enacted bill have some

significant differences. The bill—like the companion FY2015 NDAA—either rejects outright or

defers a decision on several cost reduction initiatives proposed by the Administration. At the same

time, it appropriates billions of dollars for weapons programs and “readiness” improvements that

were not included in the budget request.

Those added costs, in turn, are offset—in part—by reductions which, according to the bill’s

authors, reflect fact-of-life developments and will have no adverse impact on DOD programs.

The cost of the congressional additions (in the base budget) is further offset by the fact that some

other costs are shifted into the part of the bill that funds war costs (or Overseas Contingency

Operations—OCO), and thus are exempt from the statutory cap on discretionary spending. (See

“DOD Appropriations Overview”, below.)

Table 19. FY2015 Defense Appropriations Act (H.R. 4870; H.R. 83, Division C)

amounts in thousands of dollars

House-passed

H.R. 4870

Senate

Committeereported

H.R. 4870

Enacted Bill

H.R. 83

Division C

128,957,593

128,127,640

128,430,543

128,004,018

Operation and Maintenance

(O&M)

166,002,818

164,533,638

165,786,003

161,655,679

Procurement

89,660,299

91,228,819

91,409,693

93,835,072

Research, Development, Test and

Evaluation (RDT&E)

63,533,947

63,352,890

62,566,834

63,713,275

Revolving and

Management Funds

1,234,468

1,334,468

2,150,078

2,134,480

Defense Health Program and

Other DOD Programs

34,101,361

33851,219

33,641,680

34,144,557

Related Agencies

1,024,194

1,015,194

1,023,374

1,021,600

General Provisions

(including rescissions)

-260,685

976,452

-1,891,348

-803,288

Subtotal:

DOD Base Budget

484,253,995

484,420,320

483,116,857

483,705,933

Amended FY2015

Budget Request

(as of 11/5/14)

Military Personnel

DOD BASE BUDGET

Congressional Research Service

51

Defense: FY2015 Authorization and Appropriations

House-passed

H.R. 4870

Senate

Committeereported

H.R. 4870

Enacted Bill

H.R. 83

Division C

63,516,619

79,445,000

59,654,711

63,935,295

547,770,614

563,865,320

541,372,568

547,641,288

112.000

n/a

n/a

112,000

547,882,614

563,865,320

541,372,568

547,753,288

Amended FY2015

Budget Request

(as of 11/5/14)

OVERSEAS CONTINGENCY OPERATIONS (OCO)

Overseas Contingency

Operations (OCO) for DOD

Subtotal: DOD Base Budget

and OCO

DOD Ebola-related

Total: FY2015 Defense

Appropriations Bill

Source: Joint Explanatory Statement to accompany H.R. 83. Division C: the FY2015 Department of Defense

Appropriations Act, pp. 147-157. accessed from the House Rules Committee website at

http://rules.house.gov/sites/republicans.rules.house.gov/files/113-2/PDF/113-S1847-JES.pdf.

DOD Appropriations Overview

As is the case with the companion NDAA, the versions of H.R. 4870 passed by the House and

reported by the Senate Appropriations Committee, as well as the enacted version of the bill ((H.R.

83, Division C) rejects or deferrs several of the cost-reduction initiatives contained in the

Administration’s budget request. They all bar proposals for another round of military base

closures, the retirement of various types of Air Force planes, the retirement of an aircraft carrier,

and changes in the military commissary system.

On the other hand (as with the authorization measure), the enacted version of the appropriations

bill—like the Senate version—allows some of the Administration’s other controversial proposals

which the House bill would block: reductions in the rate of increase of military basic pay and of

housing allowances. (See Table 20.)

Table 20. Selected Administration Budget and Policy Initiatives

Senate

Committeereported

H.R. 4870

Enacted Bill

H.R. 83

Division C

Administration

Proposal

House-passed

H.R. 4870

Annual Raise in

Military Basic Pay

1.0% basic pay raise

Funds1.8% raise;

added cost of $533.5

million provided by

Section 8130

conforms with

Administration

proposal

conforms with

Administration

proposal

Annual Commissary

Subsidy ($1.4 billion

in FY2014)

3-year phase-in of $1

billion reduction,

beginning with $200

million reduction in

FY2015

Adds $100 million to

reverse

Administration

proposal

Adds $200 million to

reverse

Administration

proposal

Adds $190 million to

reverse

Administration

proposal

Congressional Research Service

52

Defense: FY2015 Authorization and Appropriations

Senate

Committeereported

H.R. 4870

Enacted Bill

H.R. 83

Division C

Administration

Proposal

House-passed

H.R. 4870

Housing Allowance

for assignment in

U.S. (currently

covers 100% of cost)

Gradually reduce

rate of growth until

allowance covers

95% of cost

Adds $244.7million

to reverse

Administration

proposal (Section

8136)

conforms with

Administration

proposal

Consistent with

FY2015 NDAA, adds

$88 million to

partially restore

Administration

reduction (Section

8130)

Prospective

retirement of the

aircraft carrier U.S.S.

George Washington

DOD five-year

budget plan assumes

the ship would be

retired instead of

being refueled

Adds $789.3 million

to begin refueling

and modernizing the

ship

Adds $849.8 million

to begin refueling

and modernizing the

ship

Adds $849.5 million

to begin refueling

and modernizing the

ship

Status of 11 Aegis

cruisers and three

amphibious landing

ships near the

midpoint of

expected service life

Mothball the ships

and gradually

modernize them and

put them back into

service to replace

similar ships as they

wear out

Adds $540.0 million

for the

Administration’s

program but

requires that

modernization of

two of the cruisers

begin in FY2015 and

that no more than

six cruisers be

sidelined at a time

(Section 8105)

Provides that no

more than six

cruisers at a time be

laid up for

modernization

(Section 8105)

Adds $540.0 million

for the

Administration’s

program but

requires that

modernization of

two of the cruisers

begin in FY2015 and

that no more than

six cruisers be

sidelined at a time

(Section 8110)

Army/National

Guard helicopter

missions

Move all Apache

attack helicopters

from National Guard

units to Army units;

Re-equip some of

those Guard units

with Black Hawk

troop carriers

Prohibits removing

Apaches from

National Guard units

until FY2015 NDAA

is enacted (Section

8136)

Adds $144 million to

buy six Apaches for

National Guard

(included in OCO

funds)

Prohibits removing

Apaches from

National Guard units

before FY2015

NDAA is enacted

(Section 8133)

[Adds $144 million for

six Apaches in OCO

funds, not earmarked

for National Guard]

A-10 ground attack

planes.

Retire all A-10s.

Prohibits retirement

of A-10s (Section

10027)

Adds $325.7 million

to continue

operating A-10s

Adds $337.1 million

to continue

operating A-10s;

Bars retirement of

A-10s (Section 8141)

E-3A AWACS radar

planes

Retire seven (of 31)

AWACS

Adds $90.5 millio

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