Defense: FY2006 Authorization and Appropriations

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Defense: FY2006 Authorization and

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January 20, 2006

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CRS Report for Congress

Prepared for Members and Committees of Congress

Defense: FY2006 Authorization and Appropriations

Summary

The House approved conference agreements on the FY2006 defense appropriations (H.R. 2863)

and defense authorization (H.R. 1815) bills on December 19, 2005. The Senate approved both

measures on December 21, though only after removing from the appropriations bill a provision to

allow oil drilling in the Arctic National Wildlife Refuge. On December 22, the House approved

an enrolling resolution that removed the ANWR provision, clearing the measure for the President.

The appropriations bill is also a vehicle for other measures, including reallocation of $29 billion

in Hurricane Katrina recovery funds, emergency funding of $3.8 billion for avian flu

preparedness, and an across-the-board spending cut of $8.5 billion. The President signed the

defense appropriations bill into law on December 30, 2005, P.L. 109-148, and he signed the

authorization on January 6, 2006, P.L. 109-163. Key issues resolved by the conference

agreements on the defense bills include:

• Amount of defense appropriations: The Senate cut $7 billion from the

Administration request, and the House trimmed $3 billion. The conference

agreement cuts $4.4 billion, and the across-the-board cut trims an additional $4.1

billion from DOD.

•

Prisoner abuse: The authorization and appropriations conference agreements

include Senate provisions regulating DOD interrogation of detainees and

prohibiting cruel, inhuman, or degrading treatment.

•

Tribunals for prisoners: The authorization and appropriations conference

agreements include amended Senate language that establishes military tribunals

to review the status of detainees and that permits limited appeals of findings to

federal courts.

•

Exit strategy in Iraq: The House rejected amendments to the authorization and

appropriations bills to establish an exit strategy. The Senate approved a measure

that requires quarterly reports on conditions for withdrawal and a schedule for

achieving such conditions but does not set a timetable. The authorization

conference includes an amended version of the Senate measure.

•

Women in combat: The conference agreement requires 30 days notice to

Congress of changes in current regulations.

•

Additional Iraq funding: The appropriations conference agreement provides $50

billion.

•

Army and Marine end-strength: The authorization conference adds 10,000 to

Army and 1,000 to Marine end-strength in FY2006.

•

Navy shipbuilding: The House authorization and appropriations bills restructured

Navy shipbuilding dramatically and terminated the DD(X) destroyer. The

conference agreements do not terminate the DD(X) and require that it be

produced at two shipyards.

•

Reserve health insurance: The Senate authorization allowed all reservists to

enroll in the TRICARE health insurance program. The conference agreement

limits it to those without private insurance.

•

New nuclear weapons: The conference agreement on the Energy and Water

appropriations bill eliminates Department of Energy funds for the Robust

Nuclear Earth Penetrator.

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Defense: FY2006 Authorization and Appropriations

Contents

Most Recent Developments.........................................................................................................1

Headlines: Highlights of Congressional Action............................................................................1

Brief Overview of Major Issues in the Defense Bills .............................................................1

Status of Legislation....................................................................................................................6

Key Issues for Congress ............................................................................................................ 10

Iraq Policy and Troop Withdrawals ..................................................................................... 12

Funding for Iraq and Afghanistan ........................................................................................ 14

Should Ongoing War Costs be Funded in Regular or in Supplemental

Appropriations? ......................................................................................................... 14

Guns versus Butter—302(b) Allocations ............................................................................. 18

Military Personnel Pay and Benefits.................................................................................... 21

Increases in Active Duty End-Strength ................................................................................ 23

Navy Shipbuilding—A Budgetary “Ship Wreck”? ............................................................... 25

Retiring an Aircraft Carrier and Reducing the Carrier Force to 11........................................ 32

C-130J Aircraft Termination................................................................................................ 32

F/A-22 Fighter Termination................................................................................................. 34

Other Programs with Cost Increases and Schedule Delays ................................................... 34

Missile Defense .................................................................................................................. 47

Army Modularization.......................................................................................................... 50

Civilian Personnel Policy .................................................................................................... 51

Easing Environmental Regulations Affecting Military Facilities .......................................... 52

New Nuclear Weapons ........................................................................................................ 52

Women in Combat and Other “Social Issues” ...................................................................... 54

Base Closures ..................................................................................................................... 55

“Buy American” Requirements, Border Security, and Other Issues ...................................... 56

For Additional Reading ............................................................................................................. 56

CRS Defense Budget Products ............................................................................................ 56

CRS Defense Budget-Related Products ............................................................................... 57

Legislation ................................................................................................................................ 58

Concurrent Budget Resolution ............................................................................................ 58

Defense Authorization......................................................................................................... 58

Defense Appropriations....................................................................................................... 59

Tables

Table 1. Status of FY2006 Defense Authorization (H.R. 1815, S. 1042).......................................7

Table 2. Status of FY2006 Defense Appropriations (H.R. 2863) ..................................................7

Table 3. FY2006 House and Senate Defense Authorization Bills, Funding by Title ......................8

Table 4. FY2006 Department of Defense Appropriations by Bill and Title ...................................8

Table 5. Other DOD Emergency Funding in FY2006 Defense Appropriations Bill,

Division B ............................................................................................................................. 10

Table 6. Additional Funding for Overseas Operations ................................................................ 16

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Table 7. House and Senate Initial 302(b) Allocations ................................................................. 19

Table 8. House and Senate Action on Statutory Active Duty End-Strength Levels,

FY2004-FY2006.................................................................................................................... 25

Table 9. House and Senate Action on Navy Shipbuilding: Authorization.................................... 29

Table 10. House and Senate Action on Navy Shipbuilding: Appropriations ................................ 30

Table 11. C-130 Procurement Appropriations ............................................................................ 33

Table 12. House and Senate Action on Selected Weapons: Authorization ................................... 37

Table 13. House and Senate Action on Selected Weapons: Appropriations ................................. 39

Table 14. Emergency Appropriations for Weapons Procurement ................................................ 41

Table 15. Congressional Action on FY2006 Missile Defense Funding ....................................... 49

Table B-1. National Defense Budget Authority by Title, FY2005-FY2006, Administration

Projection .............................................................................................................................. 61

Table B-2. National Defense Budget Authority and Outlays, FY2000-FY2010,

Administration Projection ...................................................................................................... 62

Table B-3. Department of Defense Budget Authority by Title, FY2005-FY2011 ........................ 63

Table B-4. Major Program Adjustments in PBD-753 ................................................................. 64

Appendixes

Appendix A. What the Defense Authorization and Appropriations Bills Cover........................... 60

Appendix B. Overview of the Administration Request............................................................... 61

Contacts

Author Contact Information ...................................................................................................... 65

Key Policy Staff........................................................................................................................ 66

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Defense: FY2006 Authorization and Appropriations

Most Recent Developments

The President signed the FY2006 defense appropriations bill into law, P.L. 109-148, on December

30, 2005, and he signed the FY2006 defense authorization into law, P.L. 109-163, on January 6,

2006. On Sunday, December 18, House and Senate conferees filed agreements both on the

FY2006 defense appropriations bill (H.R. 2863) and on the FY2006 defense authorization bill

(H.R. 1815). On December 19, the House approved the appropriations conference agreement by a

vote of 308-106 and the authorization conference agreement by a vote of 371-41. On December

21, the Senate approved the conference agreement on the defense authorization bill, and it

approved the appropriations conference agreement by 93-0, though only after removing from the

bill a provision to allow oil drilling in the Arctic National Wildlife Refuge. The Senate also

approved by a vote of 48-45 an enrolling resolution (S.Con.Res. 74) instructing the Clerk of the

House to enroll the bill without the ANWR provisions. The House approved the enrolling

resolution on December 22, clearing the bill for the President. The appropriations bill not only

provides funding for the Department of Defense, but it is also a vehicle for other measures,

including reallocation of $29 billion in Hurricane Katrina recovery funds, emergency funding of

$3.8 billion for avian flu preparedness, and an across-the-board spending cut of $8.5 billion.

Headlines: Highlights of Congressional Action

Brief Overview of Major Issues in the Defense Bills

Headline issues that have emerged in action on the defense bills, include

•

Oil drilling in the Arctic National Wildlife Refuge: The conference agreement

on the appropriations bill included a provision to allow oil drilling in ANWR, a

measure that had been attached to the budget reconciliation bill but that was

rejected in the House. The provision allocated projected revenues to Alaska,

Katrina relief, and the LIHEAP energy program. Opponents of ANWR drilling

resisted the measure in the Senate, and, in a key test vote, on December 21, the

Senate refused to invoke cloture on the appropriations conference report by a

vote of 56-44 (with 60 votes required). The Senate then passed the appropriations

conference report, minus the ANWR provison, and approved, by a vote of 48-45,

an enrolling resolution to instruct the Clerk of the House to remove the ANWR

provision from the defense bill. The House approved the resolution on December

22, thus clearing the appropriations bill, without ANWR drilling, for the

President.

•

Other measures added to the defense appropriations bill: Along with ANWR

drilling, the defense appropriations bill became a vehicle for several pending

congressional measures, including a $29 billion reallocation of funds for Katrina

relief and reconstruction, a $3.8 billion measure for avian flu preparedness, and a

1% across-the-board cut in FY2006 appropriations totaling $8.5 billion. All of

these measures are included in the enacted bill.

•

Cuts in defense spending in the defense appropriations bill: The Housepassed defense appropriations bill trimmed $3 billion from the Administration

request, and the defense appropriations bill as passed by the Senate trimmed $7

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billion, leaving those amounts available for non-defense appropriations. The cuts

did not include significant reductions in major weapons programs, but instead

came mainly from eliminating funds that the committees found unnecessary to

carry out requested programs in personnel and operating accounts. The largest

reductions in the military personnel accounts were for programs that were

underexecuted in FY2005. Congress has made similar cuts for the past couple of

years. In part, it appears, that expenses have been financed through supplemental

funds. The largest reductions in the operation and maintenance accounts were for

depot maintenance workloads that are not needed because equipment is being

used for the war and repair costs are being covered with supplemental

appropriations. So, though indirectly, large emergency supplemental funding has

offset regular defense appropriations, freeing up non-emergency funds for nondefense programs. The White House Statement of Administration Policy on the

Senate appropriations bill, issued on September 30, objected to the Senate

reduction and warned of a veto if the final appropriations bill “significantly

underfunds” defense “to avoid a reduction in non-security spending.” House and

Senate appropriators finally agreed to trim $4.4 billion from the request, and they

added $0.1 billion to the military construction bill. In a measure attached to the

defense appropriations bill, Congress also approved an across-the-board cut in all

appropriations, which trims an additional $4.1 billion from Department of

Defense funds. So, in all, Congress provided $8.4 billion less for DOD than the

Administration had requested (see Table 4).

•

Prisoner abuse: Treatment of detainees became a major issue in Senate

consideration of the defense authorization bill and subsequently of the defense

appropriations bill. On the authorization bill, in July Senator Levin proposed an

amendment to establish an independent commission on treatment of detainees.

Senator McCain proposed one amendment to prohibit cruel, inhuman, or

degrading treatment of persons in U.S. custody and another to establish for the

Defense Department uniform interrogation standards as authorized by the Army

field manual on intelligence interrogations. Senator Warner proposed an

alternative amendment to require the Secretary of Defense to establish uniform

standards for detention and interrogation. And Senators McCain and Graham

proposed an amendment to provide statutory authority for the Defense

Department to use military tribunals to determine the status of detainees. The

formal White House Statement of Administration Policy on the authorization bill

warned of a veto if the bill includes any measure that would establish a

commission on detainees or regulate “the detention, treatment or trial of

terrorists.”1 With action on the authorization bill delayed, Senator McCain

offered an amendment to the defense appropriations bill that combined two of his

authorization proposals. On October 5, by a vote of 90-9, the Senate approved an

amendment (1) to require the Defense Department to adhere to regulations in the

Army field manual on interrogations in questioning detainees under DOD control

or on DOD facilities and (2) to prohibit any federal agency from engaging in

cruel, inhuman, or degrading treatment of detainees. Subsequently, when the

Senate resumed consideration of the defense authorization, Senator McCain

1

Executive Office of the President, Office of Management and Budget, “Statement of Administration Policy, S.

1042—National Defense Authorization Act for Fiscal Year 2006,” July 21, 2005, at http://www.whitehouse.gov/omb/

legislative/sap/109-1/s1042sap-s.pdf.

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offered the same measure as an amendment and it was accepted by voice vote on

November 4. Later, Senator Graham withdrew his original proposal to provide

statutory authority for tribunals to review the status of prisoners at Guantanamo

and offered a revised amendment that would require the Secretary of Defense to

establish regulations for the tribunals, require that the senior civilian in charge of

tribunals be confirmed by the Senate, and allow only limited court appeals of

tribunal decisions. This led to an extensive debate about court oversight of the

tribunal. The Senate rejected an amendment by Senator Bingaman to allow court

review of habeas corpus petitions. Senators Graham and Levin then agreed on,

and the Senate approved, a compromise version of the Graham amendment that

expanded the range of potential court appeals of tribunals decisions. The

conference agreements on the authorization and appropriations bills both include,

without change, the McCain amendments requiring DOD adherence to the Army

field manual on interrogations and prohibiting cruel, inhuman, or degrading

treatment of detainees. Conferees added a new provision, modeled on the

Uniform Code of Military Justice, to ensure that U.S. government personnel

accused of illegal treatment of detainees may assert as a defense that they did not

know that practices were unlawful. Conferees also added a requirement that Iraqi

security personnel be instructed in interrogation techniques and receive translated

copies of the Army field manual. The conference agreements also include an

amended version of the Graham-Levin amendment establishing procedures for

tribunals.

•

Exit strategy for Iraq: On May 25, the full House rejected by a vote of 128-300

an amendment to the defense authorization bill by Representative Woolsey

expressing the sense of Congress that the President should develop a plan to

withdraw U.S. forces from Iraq. In floor debate on the defense appropriations

bill, Representative Pelosi offered an amendment to require an Administration

report on measures of progress in Iraq that would permit a withdrawal—in effect,

an exit strategy. The Rules Committee did not agree to protect the proposal from

a point of order, however, and it was subsequently ruled out of order as

legislation on an appropriations bill. On July 20, the House approved by a vote of

291-137 an amendment to the foreign affairs authorization bill (H.R. 2601) by

Representative Ros-Lehtinen stating that calls for “an early withdrawal” from

Iraq are counterproductive and that it is U.S. policy to withdraw only “when it is

clear that United States national security and foreign policy goals relating to a

free and stable Iraq have been or are about to be achieved.” The Senate debated

U.S. Iraq policy extensively when it resumed action on the authorization bill in

November. On November 15, the Senate rejected a Levin amendment that would,

in effect, have required the Administration to establish a schedule that would tie

withdrawals of troops to progress in Iraq. But the Senate agreed to a very

modestly revised version of the Levin amendment without the final provision on

troop withdrawals. As agreed to, the amendment states that 2006 should be a

transition year in which Iraqi security forces take on increasing responsibility for

security and that this should lead to U.S. troop withdrawals, and it requires

Administration reports on a schedule for improved conditions in Iraq that would

permit the redeployment of U.S. forces. Two days later, on November 17,

Representative Murtha, the ranking Democrat on the defense appropriations

subcommittee, opened a new phase of the national debate about Iraq policy when

he called for redeploying U.S. military forces out of Iraq as soon as possible,

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arguing that the U.S. presence was making the security situation worse. On

November 18, following a tumultuous debate, the House rejected by a vote of

403-6 a resolution (H.Res. 571) proposed by Representative Hunter calling for

immediate withdrawal of troops from Iraq. The authorization conference

agreement includes a provision that makes minor changes in the Senate statement

of Iraq policy. The measure requires quarterly reports on progress in Iraq and

establishes a policy that 2006 should be a turning point in transferring

responsibility to Iraqi security forces. The conference provision removes a Senate

reference to a “schedule” for achieving specified measures of progress in Iraq

and substitutes a requirement for a “plan.” The appropriations conference report

also requires quarterly reports on progress in Iraq.

•

A “bridge fund” for Iraq and Afghanistan operations: The House-passed

authorization recommended $49.1 billion, the Senate authorization recommended

$50 billion, the House-passed appropriations provided $45.2 billion, and the

Senate-passed appropriations bill provided $50 billion for ongoing operations in

Iraq and elsewhere as a bridge until FY2006 supplemental appropriations can be

provided next year. Last year, Congress provided $25 billion. One issue in House

action on the authorization was whether to strengthen reporting requirements on

the use of the money, on equipment repair requirements, on troop levels, and on

the costs of operations in Iraq. The House agreed to a modified amendment that

requires reports on the allocation of funds, on equipment, and on military

construction projects. The appropriations conference agreement provides $50

billion as a bridge fund, including, $8 billion for weapons procurement. The

House had provided $2.9 billion and the Senate $8.6 billion for procurement.

•

Women in combat: As part of an en bloc amendment to the defense

authorization bill, the House approved a measure proposed by Armed Services

Committee Chairman Duncan Hunter that would require DOD to notify Congress

60 days in advance of implementing any changes in policy for assigning women

to operational ground units. The measure was a substitute for a provision in the

committee reported version of the bill that would have (1) codified into law the

Pentagon’s 1994 policy that prohibits assigning women to units that engage in

ground combat operations and (2) prohibited any changes in current assignments.

The full committee measure was, in turn, a substitute for a more restrictive

subcommittee measure that would have prohibited assigning women to some

support units, including units in which women currently serve, that might

accompany combat units into battle. The authorization conference agreement

reduces the requirement for advance notification to 30 days.

•

Army and Marine Corps end-strength: Both the House authorization and the

Senate Armed Services Committee added to statutory end-strength. The House

authorization added 10,000 in end-strength to the Army and 1,000 to the Marine

Corps in FY2006. The Senate authorization added 20,000 to Army end-strength.

These increases, which add to those Congress approved last year, would require

DOD to support more than the 30,000 extra troops it is now temporarily keeping

in the force. The Senate authorization is 43,000 troops above the baseline level

for the Army and Marine Corps. The Senate appropriations committee included

funds to support the added end strength in the Senate authorization. The

authorization conference report provides an increase of 10,000 in Army and

1,000 in Marine Corps end-strength in FY2006. The total authorized end-strength

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in the Army is 512,400, which is 30,000 above the “baseline” level before the

Iraq war and which, therefore, is not at odds with current Administration policy.

In practice, end-strength has fallen short of the goal. The authorization

conference agreement also permits the Secretary of Defense to increase the Army

by an additional 20,000 troops and the Marine Corps by an additional 4,000

troops between FY2007 and FY2009, which suggests that end-strength may

again be an issue next year.

•

Navy shipbuilding: The House authorization bill restructured Navy shipbuilding

dramatically, adding funds for three additional ships and imposing cost caps on

current ships, including a cap on the DD(X) next generation destroyer program

that would be impossible for the Navy to meet, in effect terminating the program.

The House appropriations bill added funds for four ships and followed the House

authorization in trimming funds for the DD(X). The Senate authorization

prohibited a winner-take-all competition among shipyards for the DD(X),

requiring that the ship by built at two shipyards, and added advance procurement

funds for a second ship, but otherwise did not substantially alter the Navy

request. The Senate appropriations bill eliminated funds for a T-AKE cargo ship

but supported the DD(X) and other requested shipbuilding. On November 9,

Representative Murtha, the ranking Democrat on the defense appropriations

subcommittee, told reporters that the conference agreement would preserve

funding for the DD(X). 2 The appropriations conference agreement provides

requested funding for the DD(X), does not provide advance procurement funds

for a second ship in FY2007, provides one T-AKE cargo ship, as requested, and

adds funds for two additional Littoral Combat Ships, as in the House bill. The

authorization conference agreement establishes cost caps on specific ships and

requires the Navy to design a new, lower-cost submarine.

•

Cost growth in major weapons programs: The House authorization not only

imposed cost caps on Navy ships, but also trimmed and restructured funding for

the Army Future Combat System (FCS), cut funding for some satellite programs,

and revised acquisition laws to require a full analysis of alternatives any time

program cost growth exceeds 15%. The House appropriations bill made most of

the same weapons cuts. The Senate authorization bill did not cut the FCS and

made smaller cuts in satellite programs. The Senate appropriations committee

trimmed the FCS by 1/3 as much as the House, cut some satellite programs, and

reduced funding because of delays in other programs. The appropriations

conference agreement cuts the FCS by $236 million, about midway between the

House and Senate, cuts several satellite programs substantially, and reduces the

troubled Joint Tactical Radio System (JTRS) by $334 million. The authorization

conference agreement includes several amendments to defense acquisition laws,

including a measure to improve reporting on weapons cost growth, a requirement

for a report on all major programs with unit cost growth of 50% or more, and a

requirement for a report on the role of Lead Systems Integrators in developing

major weapons. The conference agreement on the authorization did not include

the House-passed measure that would require a full analysis of alternatives for

weapons that exceed 15% cost growth.

2

Peter Cohn and Megan Scully, “Pentagon Urges Quick Action On Defense Spending Bill,” National Journal

Congress Daily, November 9, 2005.

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•

Missile defense testing: The House authorization added $100 million for

additional testing of the ground-based missile defense system that is now being

deployed, but the Armed Services Committee rejected, among other measures, a

proposal to shift oversight of missile defense testing from the Missile Defense

Agency to the DOD Office of Operational Test and Evaluation. No amendment to

strengthen testing was permitted by the House rule on the bill. The Senate

defense appropriations bill added $200 million for the ground-based system. The

appropriations conference agreement adds $150 million for testing.

•

Reserve personnel health benefits: The House Armed Services Committee

approved an amendment in markup to make DOD’s health program for military

dependents, known as TRICARE, available to non-deployed as well as deployed

reserve personnel. The provision was later stricken from the bill before it reached

the floor because its cost would have exceeded caps on mandatory spending. The

House narrowly rejected a motion to recommit the bill and restore the provision.

On July 21, the Senate approved a Graham-Clinton amendment to the

authorization bill to allow all non-deployed reservists to enroll in TRICARE. The

authorization conference agreement amends the Senate provision to open

TRICARE to non-deployed reservists who are receiving unemployment

compensation or who are not eligible for employer-provided health insurance,

with a premium of 50% of the value of the benefit.

•

New nuclear weapons: The House authorization eliminated funds for the

Department of Energy (DOE) to study the Robust Nuclear Earth Penetrator

(RNEP), as did the House-passed energy and water appropriations bill. The

Senate Armed Services Committee did not cut DOE RNEP funds. And in floor

action on the energy and water appropriations bill, the Senate rejected an

amendment proposed by Senator Feinstein to eliminate DOE funds for the RNEP.

The conference agreement on the energy and water bill eliminates RNEP

funding. On October 25, Senator Domenici released a statement saying that the

Administration supported the elimination of funds and wanted to focus on nonnuclear weapons for destroying deeply buried targets. Subsequently,

Administration officials have emphasized that the current policy is to test

projectiles that could penetrate hardened concrete. Some opponents of the RNEP

have complained that this leaves room for the nuclear program to be resurrected

in the future.3

Status of Legislation

On April 28, both the House and the Senate approved a conference agreement on the FY2006

congressional budget resolution (H.Con.Res. 95). The budget resolution recommends an overall

level of funding for national defense and allocates $843 billion to the appropriations committees

as the total amount available in discretionary funds for all regular FY2006 appropriations bills,

including defense.

3

See, for example, Jeffrey Lewis, “NNSA Denies Axeing (sic) RNEP,” November 15, 2005, at

http://www.armscontrolwonk.com/.

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On May 5, the House Appropriations Committee announced its initial allocation of funds to the

11 subcommittees under Section 302(b) of the Congressional Budget Act. The 302(b) allocations

trim defense appropriations by about $3 billion compared to the Administration request. On June

8, the Senate Appropriations Committee reported its initial allocations, which cut $7 billion from

the defense appropriations request. Subsequent revised 302(b) allocations have not changed the

defense amounts in either chamber.

The House Armed Services Committee completed marking up its version of the FY2006 defense

authorization bill, H.R. 1815, on May 18. The House passed an amended version on May 25. The

House Appropriations Committee marked up its version of the FY2006 defense appropriations

bill (H.R. 2863) on May 24, and the House approved the bill on June 20. The Senate Armed

Services Committee completed marking up its version of the defense authorization bill, S. 1042,

on May 12, and the Senate began floor action on July 20, but the leadership suspended

consideration after a cloture vote failed on July 26. The Senate resumed consideration of the bill

on November 4 and approved it on November 15.

The Senate defense appropriations subcommittee marked up its version of the FY2006 defense

appropriations bill (H.R. 2863, as in the House) on September 26. And the full committee

completed its markup on September 28. The Senate approved the bill on October 6 after rejected

a proposal to add elements of the defense authorization bill as an amendment.

Conference agreements on the authorization and appropriations bills were filed on December 18

and approved in the House on December 19 and in the Senate on December 21. The Senate,

however, removed a provision from the defense appropriations bill to allow oil drilling in the

Arctic National Wildlife Refuge and passed an enrolling resolution instructing the Clerk of the

House to delete that measure. The House approved the enrolling resolution on December 22. The

President signed the defense appropriations bill into law on December 30, and he signed the

defense authorization into law on January 6.

Table 1. Status of FY2006 Defense Authorization (H.R. 1815, S. 1042)

Full Committee

Markup

House

Senate

5/18/05

5/12/05

House

Report

House

Passage

Senate

Report

Senate

Passage

Conf.

Report

H.Rept.

109-89

5/20/05

5/25/05

(390-39)

S.Rept.

109-69

5/17/05

11/15/05

(98-0)

H.Rept.

109-360

12/18/05

Conference

Report Approval

House

Senate

Public Law

12/19/05

(374-41)

12/21/05

(v.v.)

1/6/06

P.L. 109-163

Table 2. Status of FY2006 Defense Appropriations (H.R. 2863)

Subcommittee

Markup

House

5/24/05

Senate

9/26/05

Conference

Report Approval

House

Report

House

Passage

Senate

Report

Senate

Passage

Conf.

Report

House

Senate

Public Law

H.Rept.

109-119

6/10/05

6/20/05

(398-19)

S.Rept.

109-141

9/28/05

10/6/05

(97-0)

H.Rept.

109-359

12/18/05

12/19/05

(301106)

12/21/05

(93-0)

12/30/05

P.L. 109-148

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Table 3. FY2006 House and Senate Defense Authorization Bills, Funding by Title

(budget authority in billions of dollars)

Request

House

Passed

House

Versus

Request

Senate

Passed

Senate

Versus

Request

Conf.

Conf.

Versus

Request

Military Personnel

108.9

108.8

-0.1

109.2

+0.2

108.9

—

Operation & Maintenance

126.9

124.3

-2.6

126.4

-0.5

125.7

-1.2

Procurement

76.6

79.1

+2.5

78.2

+1.6

77.0

+0.3

RDT&E

69.4

69.5

+0.1

69.8

+0.5

70.2

+0.8

Military Construction

7.8

8.0

+0.2

8.1

+0.3

8.3

+0.5

Family Housing

4.2

4.2

—

4.1

-0.1

4.1

-0.2

MilCon/FamHsing Rescissions

—

—

—

-0.1

-0.1

-0.3

-0.3

Other Programs

22.3

22.2

-0.1

22.4

+0.1

22.4

+0.1

Revolving & Management

3.1

3.2

—

2.5

-0.6

3.1

—

Other DOD Discretionary

—

0.1

—

0.1

—

0.1

—

Mandatory Programs

1.8

1.8

—

3.7

+2.0

1.8

—

General Provisions

—

—

—

-1.3

-1.3

-0.1

-0.1

421.1

421.3

+0.2

423.2

+2.1

421.3

+0.2

Atomic Energy Defense Activities

17.5

17.0

-0.5

17.0

-0.5

17.0

-0.5

Other Defense-Related Activities

3.2

3.2

—

3.2

—

3.2

—

Total National Defense

441.8

441.6

-0.3

443.5

+1.6

441.5

-0.3

—

49.0

+49.0

50.0

+50.0

50.8

+50.8

Total Department of Defense

Emergency Authorization

Sources: H.Rept. 109-89; S.Rept. 109-69; H.Rept. 109-360.

Table 4. FY2006 Department of Defense Appropriations by Bill and Title

(budget authority in billions of dollars)

Request

House

House

Versus

Request

Senate

Senate

Versus

Request

Conf.

Conf.

Versus

Request

Department of Defense Appropriations Bill, H.R. 2863

Military Personnel

98.2

97.4

-0.8

95.7

-2.6

97.0

-1.2

Operation and

Maintenance

126.9

124.1

-2.8

125.0

-1.9

123.6

-3.3

Procurement

76.6

76.8

+0.2

75.8

-0.8

76.5

-0.1

RDT&E

69.4

71.7

+2.3

70.4

+1.1

72.1

+2.8

Revolving and

Management Funds

3.1

2.8

-0.4

1.7

-1.4

2.2

-0.9

Other Defense Programs

22.3

22.5

+0.2

22.8

+0.5

22.7

+0.4

Related Agencies

0.6

0.6

+0.0

0.7

+0.1

0.7

+0.1

General Provisions

0.1

-1.6

-1.7

-1.9

-2.0

-2.2

-2.2

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Defense: FY2006 Authorization and Appropriations

Health Accrual

Scorekeeping*

Total Regular

Appropriations

1% Across-the-Board Cut

Total Regular

App. with ATB

Cut

Additional Appropriations

for War

Total with

Additional for

War

Request

House

House

Versus

Request

Senate

Senate

Versus

Request

Conf.

Conf.

Versus

Request

10.7

10.7

—

10.7

—

10.7

—

407.9

404.9

-3.0

400.9

-7.0

403.5

-4.4

—

—

—

—

—

-4.1

-4.1

407.9

—

—

—

—

399.4

-8.5

—

45.3

+45.3

51.3

+51.3

50.0

+50.0

407.9

450.2

+42.2

452.2

+44.3

449.4

+41.5

DOD Programs in Military Construction/VA Appropriations Bill, H.R. 2528

Military Construction

5.3

5.8

+0.5

5.9

+0.5

6.2

+0.9

NATO Security

Investment Program

0.2

0.2

-0.0

0.2

-0.0

0.2

-0.0

Family Housing

4.2

4.2

-0.0

4.1

-0.1

4.0

-0.2

Base Realignment and

Closure

2.3

1.9

-0.3

1.9

-0.4

1.8

-0.5

General Provision

0.1

0.1

0.0

—

-0.1

—

-0.1

Total Department

of Defense

12.1

12.3

+0.1

12.1

-0.0

12.2

+0.1

1% Across-the-Board Cut

—

—

—

—

—

-0.1

-0.1

Total with ATB

Cut

12.1

—

—

—

—

12.1

—

Grand Total for Department of Defense in Defense and Military Construction Appropriations

Total Regular

Appropriations

420.0

417.2

-2.8

413.0

-7.0

411.5

-8.5

Total Including

Additional for

War

420.0

462.5

+42.5

464.3

+44.3

461.5

+41.5

Sources: For defense appropriations bill—request and conference agreement by title from Congressional

Budget Office; House and Senate amounts by CRS from House- and Senate-passed bills. For military

construction/VA bill—from House Appropriations Committee table in Congressional Record, November 18, 2005.

House amounts show here include funding for military personnel and operation and maintenance titles originally

provided in the House Military Quality of Life/VA appropriations bill that were provided in the defense

appropriations bill in the conference agreement. This table shows only DOD amounts in the military

construction/VA bill and not amounts for the VA. Across-the-board cut totals by CRS.

Note: Accrual payments for military retiree health care benefits are permanent appropriations. Amounts are

generally not shown in House and Senate reports on the defense appropriations bill, but are scored by CBO as a

part of annual defense appropriations and count against discretionary spending totals and against 302(b)

subcommittee allocations. In prior years, these amounts were included in annual military personnel

appropriations.

Totals may not add due to rounding.

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Defense: FY2006 Authorization and Appropriations

Table 5. Other DOD Emergency Funding in FY2006 Defense Appropriations Bill,

Division B

(budget authority in thousands of dollars)

Request

Conference

554,535

554,535

Operation and Maintenance

1,952,218

1,953,318

Procurement

2,288,763

2,309,778

RDT&E

66,532

41,382

Revolving and Management Funds

7,224

7,224

Trust Funds: Commissary Sales Surcharge

44,341

44,341

Other DoD Programs

201,860

201,860

—

-737,089

Military Construction

973,184

918,263

Family Housing

495,073

460,073

6,583,730

5,753,685

Operation and Maintenance, Defense-Wide

10,000

10,000

Defense Health Program

120,000

120,000

130,000

130,000

Operation and Maintenance, Defense-Wide

-106,000

-80,000

RDT&E Army

-48,600

—

-154,600

-80,000

6,559,130

5,803,685

Hurricane Response and Repair

Military Personnel

General Reduction

Total Hurricane Response and Repair

Pandemic Flu Preparedness

Total Pandemic Flu Preparedness

Rescissions

Total Rescissions

Grand Total, Hurricanes, Flu, Rescissions

Source: H.Rept. 109-359.

Key Issues for Congress

A paramount issue in the FY2005 defense debate was whether Congress should provide funding

for operations in Iraq and Afghanistan before early in calendar year 2005, when the Bush

Administration said it planned to request supplemental appropriations. Ultimately, Congress

provided $25 billion for ongoing operations as a bridge until it could act on FY2005 supplemental

funding after the turn of the year. Subsequently, in May 2005, Congress approved an additional

$76 billion in supplemental appropriations to cover the remainder of FY2005.4

4

See CRS Report RL32783, FY2005 Supplemental Appropriations for Iraq and Afghanistan, Tsunami Relief, and

Other Activities, by (name redacted) and (name redacted).

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With action barely completed on FY2005 funding, advance funding for operations in Iraq and

Afghanistan again became an issue as Congress took up the FY2006 budget. In the FY2006

congressional budget resolution, H.Con.Res. 95, Congress specifically exempted $50 billion in

emergency spending for military contingency operations from a potential point of order in the

Senate. [Note: This did not, in fact, limit the amount Congress could provide for Iraq and

Afghanistan in FY2006. While the budget resolution specifically set aside $50 billion, it also

exempted any amount for military contingency operations from spending limits in the House and

any amount for any defense purpose in the Senate. Under these provisions, Congress could have

provided more than $50 billion without triggering a point of order either in the House of in the

Senate—see below for a detailed discussion.]

As Congress considered the FY2006 authorization and appropriations bills, one issue was

whether to provide another bridge fund for operations in FY2006, and, if so, how much, or

whether, perhaps, to provide the full estimated costs. The appropriations conference agreement

ultimately provided $50 billion.

A number of other issues were also on the agenda in Congress this year, including,

•

Whether Congress should, while not directly setting a date for withdrawing from

Iraq, require the Administration to establish a strategy and measures of progress

that will lead to withdrawal;

•

Whether the appropriations committees should trim defense funding in order to

limit cuts in non-defense discretionary programs;

•

Whether Congress should provide additional military personnel benefits,

including (1) greater access to DOD-provided health insurance for non-deployed

military reservists and their dependents and (2) permanently increased death

gratuities and insurance;

•

Whether Congress should require a substantial increase in active duty endstrength, particularly in the Army, to ease pressures on the force caused by

operations abroad;

•

Whether Congress should increase funding for navy shipbuilding or should

approve advance appropriations or other novel funding mechanisms;

•

Whether Congress should accept or reject Administration plans to retire an

aircraft carrier and reduce the number of deployable carriers from 12 to 11;

•

Whether Congress should approve the proposed termination of C-130J cargo

aircraft procurement (a proposal the Administration subsequently withdrew);

•

Whether Congress should approve the proposed termination, after FY2008, of

F/A-22 fighter procurement;

•

How Congress should exercise oversight over a number of major weapons

programs in which cost have grown or development has been delayed, including

the Army Future Combat System, missile defense, the multi-service F-35 Joint

Strike Fighter, and a number of space-launch and satellite systems;

•

Whether Congress should restructure priorities in the Administration’s missile

defense development program;

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Defense: FY2006 Authorization and Appropriations

•

How Congress should oversee and finance Army plans for a far-reaching

reorganization of its combat forces to increase the number of deployable combat

brigades and to turn brigades, rather than divisions, into the major unit of action

in future operations;

•

Whether Congress should take steps to regulate the Defense Department’s

restructuring its civilian personnel system following Congress’s approval, in the

FY2004 National Defense Authorization Act, of the Pentagon’s request for broad

authority to reform civil service pay and performance rules;

•

Whether Congress should approve the Defense Department’s request for changes

in environmental laws and regulations governing military training in addition to

changes Congress approved in the FY2004 defense authorization;

•

Whether Congress should approve Department of Energy plans to study new

nuclear weapons, including the Robust Nuclear Earth Penetrator, and whether

Congress should establish guidelines for the Reliable Replacement Warhead

program;

•

Whether Congress should require changes in DOD policies affecting a number of

“social issues,” including the deployment of women in combat support units,

abortions at military facilities abroad, and handling of sexual abuse cases;

•

Whether Congress should take any action to restrict military base closures, even

as the a formal base closure process was proceeding; and

•

Whether Congress should take any action on a number of other issues, including

treatment of military detainees, acquisition of tanker aircraft, and strengthening

of defense “Buy American” requirements.

The following discussion provides background information on each of these issues and discusses

congressional action to date.

Iraq Policy and Troop Withdrawals

In 2005, Congress began to debate measures aimed at establishing the conditions that would

ultimately permit a withdrawal of troops from Iraq. The Administration and supporters of its Iraq

policy insist that military operations in Iraq are making progress and that political conditions are

improving. But critics complain that it is difficult to see progress on key indicators of success,

including the number of attacks against U.S. soldiers or elements of the new Iraqi regime; the

number, quality, and reliability of trained Iraqi security forces; the overall level of security in

Iraq; and the state of Iraq’s economic infrastructure. No one in Congress so far has proposed a

measure would directly establish a date for withdrawal from Iraq. Administration supporters

argue that it would be a mistake to do so because it would allow regime opponents to plan for a

U.S. exit and might dishearten regime supporters. Some critics of the U.S. invasion nonetheless

oppose withdrawal on different grounds. Having destroyed the previous regime, some say, the

United States has an obligation to ensure that a post-occupation Iraq not descend into civil war.

But this year, for the first time, there have been efforts in congress to put pressure on the

Administration, first, to define measurable indicators of progress or deterioration and, second, to

define when progress might lead to U.S. troop withdrawals.

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Defense: FY2006 Authorization and Appropriations

Congressional Action

On May 25, the House rejected by a vote of 128-300 an amendment to the defense authorization

bill by Representative Woolsey stating the sense of Congress that the President should develop a

plan as soon as practicable to provide for the withdrawal of United States Armed Forces from Iraq

and transmit the plan to Congress.

Later in debate on the defense appropriations bill on June 20, House Minority Leader Nancy

Pelosi proposed an amendment requiring that the President submit a report to Congress “on a

strategy for success in Iraq that identifies criteria to be used by the Government of the United

States to determine when it is appropriate to begin the withdrawal of United States Armed Forces

from Iraq.” The amendment required the report to include criteria for assessing Iraqi security

forces and for achieving required capabilities; an estimate of the number of Iraqi forces required

to perform functions U.S. and allied forces now perform; the number of advisors needed to

support the Iraqi government; and measures of political stability in Iraq with milestones for

progress. The amendment did not require setting a date for withdrawal. The Rules Committee did

not agree to exempt the amendment from a House rule prohibiting legislation on an

appropriations bill, and the amendment was subsequently ruled out of order.

Later, on July 20, by a vote of 291-137, the House approved an amendment to the foreign affairs

authorization bill (H.R. 2601) by Representative Ros-Lehtinen stating that calls for “an early

withdrawal” from Iraq are counterproductive and that it is U.S. policy to withdraw only “when it

is clear that United States national security and foreign policy goals relating to a free and stable

Iraq have been or are about to be achieved.”

Meanwhile, on July 27, General George Casey, the commander of U.S. forces in Iraq, commented

that substantial withdrawals may begin as early as next spring or summer, if progress continues. 5

Subsequently, General Casey became less willing to project troop reductions.

The Senate debated U.S. Iraq policy extensively when it resumed action on the authorization bill

in November. On November 15, the Senate rejected a Levin amendment that would, in effect,

have required the Administration to establish a schedule that would tie withdrawals of troops to

progress in Iraq. But the Senate agreed to a very modestly revised version of the Levin

amendment without the final provision on troop withdrawals. As agreed to, the amendment states

that 2006 should be a transition year in which Iraqi security forces take on increasing

responsibility for security and that this should lead to U.S. troop withdrawals, and it requires

Administration reports on a schedule for improved conditions in Iraq that would permit the

redeployment of U.S. forces. The authorization conference agreement includes the Senate

amendment with some changes. The one substantive change is to remove any reference to a

“schedule” and replace it with “plan.”

On November 17, Representative John Murtha, the ranking Democrat on the defense

appropriations subcommittee, recast the national debate about Iraq when he called for

redeploying U.S. forces out of Iraq as soon as practical. His key argument was that the presence

of U.S. forces was making the security situation worse and that Iraqi forces must take on the

burden of combating the insurgency. On November 18, in an effort to force a vote against the

Murtha proposal, House Republicans brought up a resolution by Representative Hunter (H.Res.

5

Yochi J. Dreazen, “U.S. Opens Door For Big Pullback In Iraq Next Year,” Wall Street Journal, July 28, 2005, p. 1.

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Defense: FY2006 Authorization and Appropriations

571) expressing the sense of the House calling for an immediate withdrawal from Iraq. House

Democrats, including Representative Murtha, generally denounced the measure as a partisan ploy

and it was rejected by a vote of 403-6.

Funding for Iraq and Afghanistan

The FY2006 defense budget request did not include funding for ongoing military operations in

Iraq and Afghanistan. The Administration submitted a supplemental FY2005 budget request to

Congress on February 14, 2005, a week after it submitted its regular FY2006 budget, and, in May,

Congress agreed to provide $76 billion for military operations in Iraq and Afghanistan in

FY2005. The FY2006 regular request, however, covered only DOD’s normal peacetime funding

requirements. Administration officials said they again planned to request funding for Iraq and

Afghanistan in FY2006 in a supplemental appropriations measure to be submitted early in 2006.

Should Ongoing War Costs be Funded in Regular or in Supplemental

Appropriations?

A key issue in Congress was whether Congress should continue to fund military operations in

Iraq and Afghanistan with supplemental appropriations or move these costs into the regular

defense budget. Critics of using supplementals argue that the monthly costs of operations in Iraq

and Afghanistan have long since become predictable and therefore belong in the regular defense

budget. They have also expressed concern about what appears to some to be an increasing

number of programs being financed in the supplemental but that do not fall within what is directly

related to costs of ongoing operations including costs of reorganizing the Army and some

weapons acquisition.6 Critics complain, finally, that because supplemental legislation tends to

move through Congress quickly, there is little time for Congress to exercise oversight, and

supplementals are not subject to review by the authorizing committees.

The Administration continues to favor the use of supplementals to fund military operations in Iraq

and Afghanistan for a number of reasons. Secretary of Defense Rumsfeld has argued that

“Supplemental appropriations are prepared much closer to the time the funds are needed.... This

allows for somewhat more accurate estimates of costs [than in the regular budget cycle], and

more importantly, quicker access to the needed funds.”7

The Administration has also argued that if costs for Iraq and Afghanistan were included in the

regular budget, they would be difficult to remove once operations ceased. On February 9, 2005,

Office of Management and Budget (OMB) Director Joshua Bolten told the Senate Budget

Committee that “as a budgeting matter, it is very important that we not let [war costs] float into

the base, because then I think we will have been fiscally irresponsible in not preventing those

costs from being permanently in the defense base.”8

6

Senator John McCain, quoted in Inside the Army, “Lawmakers Question Proposed FY2006 Budget, Calling Request

‘Skewed’,” February 14, 2005.

7

Secretary of Defense Donald Rumsfeld, testifying before the House Armed Services Committee, February 16, 2005.

8

Office of Management and Budget Director Joshua Bolten, testifying before the Senate Budget Committee, February

9, 2005.

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Defense: FY2006 Authorization and Appropriations

One element of the debate is what precedents earlier operations provide. In 2003, a CRS memo

reported that the initial funding for most conflicts—from World War II, to Korea, to Vietnam, to

the 1991 Persian Gulf War—was generally provided through supplemental appropriations.9 That

memo did not, however, address funding for wars after the initial phases. On that question, the

precedents are mixed. While the Korean conflict was financed mainly with supplementals, World

War II and Vietnam were funded both with supplementals and with regular appropriations. In

Vietnam, the Administration first asked for a $700 million supplemental for FY1965 in May of

1965; then for a $1.7 billion addition to the regular FY1966 defense appropriations bill, which

was requested as a budget amendment in the summer of 1965; and then, in January of 1966, as

troop levels in Southeast Asia were climbing, a supplemental of $12.3 billion for FY1966 and

regular appropriations of $10.3 billion for FY1967, both requested when the FY1967 budget was

submitted.

So, in the case of Vietnam, the Johnson Administration asked for emergency supplementals when

necessary, but also requested funds in regular appropriations bills as soon as those bills were on

the congressional agenda, even though troop levels were in flux and the duration of the conflict

could not be foreseen.

Most recently, CRS reviewed precedents for funding of ongoing military contingency operations

in the 1990s. CRS reported that in action on the FY1996 defense appropriations bill, Congress, on

its own initiative, decided to include funding for ongoing operations in Southwest Asia in regular

appropriations bills rather than in supplementals, and it directed the Administration to request

funding for ongoing military operations in regular bills in the future. Subsequently, in the FY1997

defense budget and in later requests, the Clinton Administration included funding for ongoing

operations, including operations in Southwest Asia, Bosnia, and Kosovo, in the regular defense

budget.10

Congressional Action

In floor debate on the FY2005 supplemental appropriations bill, H.R. 1268, Senator Byrd offered

an amendment, SA 464, expressing the sense of the Senate that funding for operations in Iraq and

Afghanistan after FY2006 should be requested and appropriated in regular annual funding bills.

The amendment passed by a vote of 61-31 on April 28, 2005. Notably, Senator Stevens, the

Chairman of the Defense Appropriations Subcommittee, and Senator Warner, the Chairman of the

Armed Services Committee, both supported the amendment. The appropriations conference

agreement includes the Byrd amendment as a statement of the sense of the Senate.

If Senator Warner and Senator Stevens had subsequently chosen to propose funding for Iraq and

Afghanistan in the regular FY2006 defense bills, there were no procedural hurdles in the way.

Funding caps in the FY2006 congressional budget resolution, H.Con.Res. 95, do not appear to be

a barrier. To be permissible in view of caps on overall discretionary spending established by the

budget resolution, the appropriations bills would have to designate funding for operations abroad

as either as “defense emergency appropriations” (in the Senate) or as funding for “contingency

9

CRS Congressional Distribution Memorandum, Budgeting for Wars in the Past, by (name redacted), March 27, 2003.

10

CRS Congressional Distribution Memorandum, Funding for Military Contingency Operations in the Regular

Defense Appropriations Bills in the 1990s, by (name redacted), April 6, 2005. See also CRS Report RL32141, Funding

for Military and Peacekeeping Operations: Recent History and Precedents, by (name redacted).

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Defense: FY2006 Authorization and Appropriations

operations in support of the global war on terrorism” (in the House and, for up to $50 billion, in

the Senate)—see the box below for a further explanation.

Provisions of the FY2006 Concurrent Budget Resolution (H.Con.Res. 95) Permitting

Additional Funding for Overseas Military Contingency Operations

The budget resolution allows a point of order to be made against a provision in an appropriations bill that designates

funds as an “emergency” unless the funding meets certain restrictive criteria. To constitute an emergency, under

§402(c) funding must be

(A) necessary, essential, or vital (not merely useful or beneficial);

(B) sudden, quickly coming into being, and not building up over time;

(C) an urgent, pressing, and compelling need requiring immediate action;

(D) .... unforeseen, unpredictable, and unanticipated; and

(E) not permanent, temporary in nature.

Presumably, a point of order could apply against funding for Iraq and Afghanistan under that provision.

But other sections of the budget resolution essentially void that possibility. Under §402(a), in the House, if funding is

designated as being for “contingency operations related to the global war on terrorism,” then caps on spending do

not apply. Under §402(b)(11), in the Senate, up to $50 billion for contingency operations in support of the global war

on terrorism is specifically exempted from spending caps. That would appears to limit additional funding for Iraq and

Afghanistan to $50 billion. But under §402(b)(10) any discretionary appropriations for defense designated as

emergency appropriations are exempted from a point of order, which makes the $50 billion figure moot.

So the budget resolution provides no specific restriction on the amounts that may be appropriated for military

operations abroad — the spending limits that the resolution establishes do not apply to additional funds for that

purpose.

That said, in its markup of the FY2006 defense authorization bill, the Senate Armed Services

Committee provided $50 billion in additional funding for operations in Iraq, Afghanistan, and

elsewhere, the House-passed authorization recommends $49.1 billion, the House-passed defense

appropriations bill provides $45.2 billion, and the Senate-passed defense appropriations bill

provides $50.0 billion. The appropriations conference agreement provides $50 billion.

Table 6. Additional Funding for Overseas Operations

(millions of dollars)

House

Auth.

Senate

Auth.

Conf.

Auth.

House

Approp.

Senate

Approp.

Conf.

Approp.

Military Personnel

9,390.0

11,596.0

11,788.3

8,015.8

6,206.6

6,206.6

Army

6,689.3

9,517.6

8,827.1

5,877.4

5,009.4

4,713.2

Army Reserve

137.2

—

137.2

138.8

121.5

138.8

Army National Guard

67.0

—

72.3

67.0

232.3

234.4

Navy

300.0

350.0

276.0

282.0

0.2

144.0

Navy Reserve

—

—

—

—

10.0

10.0

Marine Corps

662.6

811.8

662.6

667.8

455.4

455.0

1,011.0

916.6

977.8

982.8

372.5

508.0

—

—

5.3

—

5.3

3.2

522.9

—

830.0

—

—

—

Air Force

Air National Guard

Benefits

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House

Auth.

Senate

Auth.

Conf.

Auth.

House

Approp.

Senate

Approp.

Conf.

Approp.

Operation and

Maintenance

33,686.4

35,302.6

32,772.2

32,238.6

32,405.4

33,217.8

Army

20,305.0

22,139.8

19,828.2

20,398.5

21,915.5

21,348.9

Army Reserve

26.4

—

44.4

35.7

53.7

48.2

Army National Guard

159.5

—

196.3

159.5

201.3

183.0

1,838.0

1,944.3

1,658.0

1,907.8

1,806.4

1,810.5

Navy Reserve

—

2.4

9.4

—

9.4

6.4

Marine Corps

1,791.8

1,808.2

1,588.3

1,827.2

1,275.8

1,833.1

—

—

4.0

24.0

28.0

28.0

3,195.4

2,635.6

2,404.2

3,559.9

2,014.9

2,483.9

Air Force Reserve

—

—

7.0

—

7.0

5.0

Air National Guard

—

—

13.4

—

13.4

7.2

Defense-Wide

2,870.3

3,470.1

1,778.4

826.0

980.0

805.0

Iraqi Freedom Fund

1,000.0

3,302.2

5,240.7

3,500.0

4,100.0

4,658.7

Classified Programs

2,500.0

—

[2,500.0]

—

—

—

Other programs

2,546.0

977.8

2,233.4

2,055.0

2,744.0

2,544.0

Working Capital Funds

1,700.0

—

2,055.0

2,055.0

2,716.4

2,516.4

Defense Health Program

846.0

977.8

178.4

—

—

—

—

—

—

—

27.6

27.6

3,371.8

1,100.2

3,477.3

2,857.3

9,851.7

7,980.9

Aircraft Procurement,

Army

—

70.3

40.6

—

348.1

232.1

Missile Procurement,

Army

—

—

—

—

80.0

55.0

Wpns & Tracked Combat

Vehicles., Army

574.6

27.8

485.5

455.4

910.7

860.2

Ammunition, Army

105.7

—

109.5

13.9

335.8

273.0

1,945.4

271.7

1,659.8

1,501.3

3,916.0

3,174.9

Aircraft Procurement,

Navy

—

183.8

15.0

—

151.5

138.8

Weapons Procurement,

Navy

36.8

165.5

56.7

81.7

56.7

116.9

Ammunition, Navy/Marine

Corps

144.7

104.5

147.9

144.7

48.5

38.9

Other Procurement, Navy

15.3

30.8

—

48.8

116.0

49.1

Procurement, Marine

Corps

445.4

89.2

644.4

389.9

2,303.7

1,710.1

—

104.7

214.0

115.3

118.1

115.3

Navy

Marine Corps Reserve

Air Force

Drug Interdiction,

Afghanistan

Procurement

Other Procurement, Army

Aircraft Procurement, Air

Force

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House

Auth.

Senate

Auth.

Conf.

Auth.

House

Approp.

Senate

Approp.

Conf.

Approp.

Missile Procurement, Air

Force

—

—

—

—

17.0

17.0

Other Procurement, Air

Force

—

51.9

—

2.4

17.5

17.5

Procurement, DefenseWide

103.9

—

103.9

103.9

132.1

182.1

National Guard & Reserve

Equipment

—

—

—

—

1,300.0

1,000.0

Research &

Development

75.0

—

83.7

88.1

92.3

50.6

RDT&E Army

—

—

8.7

—

72.0

13.1

RDT&E Navy

—

—

—

13.1

—

—

RDT&E Air Force

—

—

—

—

17.8

12.5

75.0

—

75.0

75.0

2.5

25.0

49,069.2

50,000.0

50,355.0

45,254.6

51,300.0

50,000.0

RDT&E Defense-Wide

Total

Sources: H.Rept. 109-359; H.Rept. 109-360.

Guns versus Butter—302(b) Allocations

In 2004, for the first time in many years, Congress debated a high-profile proposal to trim defense

spending as part of broader efforts to reduce the federal budget deficit. In the Senate, the Budget

Committee reported a budget resolution for FY2005 (S.Con.Res. 95) that recommended $7

billion less for defense than the Administration had requested. On the floor, however, the Senate

voted overwhelmingly to restore the funds by a margin of 95-4. In the House, Budget Committee

Chairman Jim Nussle considered but then dropped a proposal to recommend $2 billion less for

defense than the Administration requested.

But even though the FY2005 budget resolution did not recommend a reduction, in the end,

appropriators trimmed about $2 billion from the Administration request in the FY2005 defense

appropriations bill (H.R. 4613. P.L. 108-287), making that amount available partly for other

defense bills, including military construction, and partly for non-defense programs. This has been

a recurring process. The appropriations committee defense cuts in FY2005 did not go as far in

FY2004, when the committee rescinded $3.5 billion in funds in the regular FY2004 defense

appropriations bill (H.R. 2658, P.L. 108-87) and another $1.8 billion in the FY2004 omnibus

appropriations measure (H.R. 2673, P.L. 108-199) as means of offsetting funding in non-defense

bills. (The $1.8 billion rescission in the omnibus bill, however, was later restored in the

emergency funding title of the FY2005 defense appropriations bill.)

This year the debate on the FY2006 budget resolution (H.Con.Res. 95) did not feature a face-toface showdown over defense spending like the one last year. But, again, as last year and as in the

FY2004 budget, in the end, overall deficit pressures appear to have led the appropriations

committees to trim defense as a means of moderating cuts in non-defense programs needed to

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keep within caps on total discretionary spending.11 Budget constraints may well become

progressively more severe over the next few years.12

Congressional Action

Under Section 302(a) of the Congressional Budget Act, the annual congressional budget

resolution must specify the total amount of discretionary funds available to the appropriations

committees. The committees are then required by Section 302(b) to report back how those funds

will be allocated among the various subcommittees. These reports, thus, are known as the “302(b)

allocations.” Budget limits are enforced by establishing a point of order against a reported bill or

an amendment to a bill that would exceed each subcommittee’s 302(b) allocation, though the full

appropriations committees may, and often do, revise the allocations over the course of the year.

So the 302(b) allocations are a critical part of the appropriations process that determine how

much will be available in total for each bill.

The FY2006 congressional budget resolution (H.Con.Res. 95) provides a 302(a) allocation to the

appropriations committees of $843.02 billion. On May 5, House Appropriations Committee

Chairman Jerry Lewis released his proposed initial 302(b) allocations. These allocations were

later revised on May 12, May 18, and June 22, but the revisions did not change the defense

figures. For the defense subcommittee, the allocation was $363.44 billion, which is $3.28 billion

below the Administration request for programs under the subcommittee’s jurisdiction. For the

military quality of life/veterans affairs subcommittee, the allocation is $85.158 billion, which is

$1.05 billion above the request. The 302(b) allocations do not determine how the funds will be

divided among programs under each subcommittee, so some of the extra money for the MQL/VA

subcommittee could be for the Department of Defense and some for the Department of Veterans

Affairs. The allocations allowed about $2.9 billion more for non-defense programs than the

request—in effect, roughly $3 billion was shifted from defense to non-defense programs.

Table 7. House and Senate Initial 302(b) Allocations

(budget authority in millions of dollars)

FY2005

Enacted

FY2006

Request

FY2006

Allocation

Allocation vs

FY2005

Allocation vs

Request

352,424

366,720

363,440

+11,016

-3,280

[Less rescissions and

other savings]

[5,164]

[—]

[5,000]

[-164]

[+5,000]

[Defense program level]

[357,588]

[366,720]

[368,440]

[+10,852]

[+1,720]

Military Quality of Life/VA

79,279

84,108

85,158

+5,879

+1,050

Other Subcommittees

387,578

391,475

394,422

+6,844

+2,947

Total discretionary spending

819,281

842,303

843,020

+23,739

+717

407,706

400,706

—

-7,000

House Appropriations Committee

Defense

Senate Appropriations Committee

Defense

11

12

—

See Andrew Taylor, “Lewis May Shift Defense Spending,” CQ Today, April 26, 2005.

See CRS Report RL32877, Defense Budget: Long-Term Challenges for FY2006 and Beyond, by (name redacted).

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FY2005

Enacted

FY2006

Request

FY2006

Allocation

Allocation vs

FY2005

Allocation vs

Request

Military

Construction/Veterans

Affairs

—

43,585

44,382

—

+797

Other Subcommittees

—

390,974

397,932

—

+6,958

Total discretionary spending

—

842,265

843,020

—

+755

Sources: House Appropriations Committee, May 5, 2005, H.Rept. 109-78, May 12, 2005; H.Rept. 109-85, May

18, 2005; H.Rept. 109-145, June 22, 2005; S.Rept. 109-77, June 9, 2005; S.Rept. 109-95, June 29, 2005; S.Rept.

109-115, July 28, 2005.

In releasing its initial allocations, the House Appropriations Committee made one key argument

about the defense total. The allocation to the defense subcommittee assumed that the defense

appropriations bill would include $5 billion of rescissions of prior year defense funds which can

be applied to offset increases in FY2006 programs in the defense appropriations bill. If so, the

$3.28 billion cut from the request would be more than offset by rescissions, and there would be

room for a $1.72 billion increase in actual programs.

Some may quibble with this argument. One quibble is that there are often rescissions of prior year

funds in all appropriations bills, and they are normally applied as offsets to increases in new

funds elsewhere in each bill. In effect, the initial House 302(b) allocations require that defense

rescissions be available partly to offset increases in total non-defense appropriations compared to

the Administration’s request. A different quibble is that defense rescissions may later be

“backfilled” by increased emergency supplemental appropriations later in the process. The

FY2004 omnibus appropriations bill, for example, rescinded $1.8 billion in prior year defense

funds to offset non-defense amounts. The Iraq/Afghanistan emergency funding provisions of the

FY2005 defense appropriations bill, however, repealed the rescission. So, in effect, emergency

defense appropriations were used to offset increased FY2004 non-defense funding.

The version of the defense appropriations bill that the House Appropriations Committee marked

up on June 7, and the amended version passed on June 20, provided $363.7 billion of which

$363.4 billion was for discretionary (rather than mandatory) programs, equal to the initial House

302(b) allocation and $3.28 billion below the request.

On June 9, the Senate Appropriations Committee formally approved and released its initial 302(b)

allocations. The Senate allocations trimmed $7 billion from the Administration request for the

defense bill and added $797 million for the military construction/Veterans Affairs subcommittee.

So in all, the allocation provided $6.2 billion more for non-defense discretionary programs than

the Administration request—by any standards, a dramatic shift of funds.

In later action on the defense appropriations bills, both the House and the Senate complied with

the initial 302(b) allocations. The House-passed appropriations bill was $3.0 billion below the

Administration request, and the Senate-passed bill was $7.0 billion less. Neither bill, however,

made deep cuts in overall funding for major weapons, though both selectively trimmed some

programs. Rather the cuts came mainly in military personnel, in operation and maintenance, and

in revolving fund accounts (see Table 4 above).

The difference between the House and Senate on overall defense funding was a key issue to be

resolved in conference negotiations on the defense appropriations bill. For its part, in its

Statement of Administration Policy on the Senate bill, the White House warned of a veto if

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defense was cut substantially to pay for increased non-defense appropriations. In the run up to the

conference, House and Senate appropriators resolved the difference by agreeing on a total closer

to the House level. On November 2, the House approved revised 302(b) estimates that reflect the

compromise with the Senate. The Senate reported its revised allocations on November 10. The

revisions trim defense by $4.4 billion below the Administration request. This amount was

reflected in the conference on the defense appropriations bill. Meanwhile, the conference

agreement on the military construction/VA appropriations bill added $0.1 billion for Department

of Defense programs. Division B of the defense appropriations bill included an across-the-board

cut of 1%, or $8.5 billion, in total non-emergency FY2006 appropriations. Of that, $4.1 billion is

cut from the Department of Defense. So, in all, Congress cut $8.4 billion from the

Administration’s original request for the Department of Defense, a dramatic reflection of the

budget constraints being imposed by budget deficits and competing demands for funds.

Military Personnel Pay and Benefits

Beginning in 1999 and continuing through last year, Congress has repeatedly enhanced

retirement, health, and other benefits for military personnel, sometimes with Administration

support and sometime over its objections. Benefit increases have included

•

“TRICARE for Life,” which provides full medical coverage to Medicare-eligible

military retirees;

•

concurrent receipt of military retired pay and veterans disability benefits for

those with a 50% or greater disability;

•

repeal of a 1986 law that reduced retirement benefits for new military enlistees;

•

a phased-in plan to fully offset off-base housing costs;

•

and increased imminent danger pay and family separation allowances.

Last year, Congress approved two additional measures—a program to provide health insurance to

deactivated reservists for a period of time if they agree to reenlist and elimination of a provision

that reduced benefits to survivors of military retirees after the survivors qualified for Social

Security at age 62. Collectively, the measures enacted since 1999, along with substantial military

pay raises, have increased the cost of active duty military personnel by more than 30% above

inflation since 1999.13

In the FY2006 defense bills, a number of proposals to improve military personnel benefits were

again on the agenda. In particular, Congress renewed the FY2005 debate over health benefits for

military reservists. As noted, in the FY2005 defense authorization, Congress approved a program

to provide federal health insurance for specified periods of time to families of deactivated

reservists who reenlist, but Congress rejected proposals to guarantee access to health insurance

for all reservists. This issue came up again in the FY2006 authorization debate.

13

See CRS Report RL32877, Defense Budget: Long-Term Challenges for FY2006 and Beyond, by (name redacted).

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Congressional Action

In the FY2005 supplemental appropriations bill (H.R. 1268), Congress approved (1) a permanent

increase to $100,000 in the death gratuity for service members killed the line of duty, made

retroactive to October 7, 2001; (2) a payment of $150,000 to survivors of service members killed

in combat zones since October 7, 2001; and (3) an increase in the maximum amount of insurance

for service members from $250,000 to $400,000. These provisions apply only through September

30, 2005, however.

In action on the supplemental, the Senate also approved a measure to make up any loss in pay for

federal employees who are called to active duty as members of the military reserves. The House,

however, did not include such a provision, and the conference agreement rejected the Senate

measure. This issue came up again in action on the FY2006 defense appropriations bill in the

Senate (see below).

In their versions of the FY2006 defense authorization, both the House and the Senate Armed

Services Committee provided a permanent increase in the death gratuity to $100,000 and in the

maximum life insurance benefit to $400,000.

The House Armed Services Committee also approved an amendment in the full committee

markup that would have made TRICARE generally available to military reservists. The proposal

was a subject of extensive debate. Opponents complained about the cost and also argued that

employers might “game” the system in an effort to reduce their costs by reducing their insurance

plans or otherwise encouraging employees to sign onto to TRICARE. Opponents also warned that

federal employees who serve in the reserves would have an incentive to abandon the federal

employee health benefit program (FEHBP) and sign up for the cheaper TRICARE system, which

would drive up FEHBP costs for others. Proponents argued that reservists have earned the right to

guaranteed health insurance. In the committee, the amendment was approved by a vote of 32-30.

Subsequently, the committee approved a routine measure that allows the chairman of the

committee to delete provisions of the bill that would be subject to a point of order for increasing

mandatory spending above limits provided in the budget resolution. When the Congressional

Budget Office provided an estimate that the provision would require an increase in mandatory

expenditures, Committee Chairman Duncan Hunter then deleted the TRICARE for reservists

provision on the grounds that it would be subject of a point of order on the floor. The Rules

Committee did not agree to make in order an amendment to restore a revised version of the plan.

On the floor, Representative Taylor subsequently proposed a motion to recommit the bill to

committee with instructions to restore the TRICARE for reservists provision with a change that

would have eliminated the mandatory spending impact of the measure. That motion was defeated

by a vote of 211-218.

The Senate, however, added a provision providing TRICARE to reservists to the defense

authorization bill. On July 21, the Senate approved a Graham-Clinton amendment to allow all

non-deployed reservists to enroll in TRICARE.

Later, in action on the defense appropriations bill on September 29, the Senate approved an

amendment by Senator Durbin to make up any loss in pay for federal employees who are called

to active duty as members of the military reserves. And on November 9, the Senate approved an

amendment to the defense authorization by Senators Bayh and Durbin to replace income losses

by reservists mobilized for more than 180 days, or mobilized for more than 24 months out of 60,

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or mobilized within six months of previous activation. In action on the authorization, the Senate

also approved an amendment by Senator Reid to define veterans unable to work as 100% disabled

for purposes of eligibility for concurrent receipt of military retired pay and veterans disability

benefits.

The conference agreement on the defense authorization bill resolves all of this issues.

Specifically, the authorization

•

Permits reservist (which includes members of the National Guard) who are

receiving unemployment compensation or who are ineligible for employerprovided health insurance to sign up for individual or family coverage through

TRICARE with a premium of 50% of the value of the program (Section 702);

•

Provides up to $3,000 a month to replace lost income for involuntarily mobilized

reservists who complete 18 continuous months of service, complete 24 months of

service over a 60 month period, or are mobilized for 180 days or more within six

months of completing an earlier mobilization of 180 days or more (Section 614);

•

Provides that full concurrent receipt of military retired pay and veterans disability

benefits for those who are unemployable because of service-connected

disabilities will be available by the end of 2009 rather than phased in by the end

of 2013 (Section 663); and

•

Permanently increases the death gratuity from $12,000 to $100,000 and expands

the eligibility for additional life insurance of $150,000 for service members killed

in Iraq or Afghanistan between October 7, 2001 and May 11, 2005 (Section 664).

Neither the authorization nor the appropriations conference agreements include the Senate

provision to make up any lost pay for mobilized Federal employees.

Increases in Active Duty End-Strength

For the past two years, there has been a vigorous debate, both within Congress and between the

Congress and the Defense Department, about the size of the Army and the Marine Corps. Many

legislators have argued that the Army, especially, is being stretched very thin by the need to rotate

troops into Iraq, and that the number of ground troops should be increased substantially. In last

year’s defense authorization bill (H.R. 4200, P.L. 108-375), Congress increased statutory Army

end-strength by 20,000 and Marine Corps end-strength by 3,000 in FY2005, and, importantly, it

established the increased totals as legal minimums. The final bill also authorized, but did not

mandate, additional increases of 10,000 in the Army and 6,000 in the Marine Corps over the next

four years—it did not set them as minimums.

Although the Administration opposed the congressionally mandated end-strength increases, in

substance, the provision did not have much effect. Ever since the Iraq war began, the Defense

Department has used standing authority to waive earlier end-strength limits. And officials have

said that they intend to keep an additional 30,000 active duty troops in the force through FY2006,

in part to fill out units rotating to Iraq and in part as a buffer while the Army carries out a

reorganization that will increase the number of deployable combat units. So the Defense

Department was already planning to keep more additional troops in service than Congress

mandated. Moreover, Congress has not objected to funding the additional troops with

supplemental appropriations, as the Administration has requested.

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The underlying issue, however, is quite substantive, and it has very large long-term budget

implications—a rule of thumb is that an increase of 10,000 troops adds at least $1 billion a year in

personnel costs, not including costs of equipping additional units. The Defense Department sees

the added 30,000 troops as a temporary measure. Many legislators, however, believe that the size

of the Army and Marine Corps, and even of the Navy and Air Force, should increase even more

and that the increases should be permanent. In Congress so far this year, Senators Reed, Hagel,

McCain, Kerry and others have proposed a measure (S. 530) that would add 30,000 troops to the

Army and 5,000 to the Marine Corps in FY2006, in addition to the troops added in FY2005. In

the House, Representatives Tauscher, Skelton, and others have proposed a measure (H.R. 1666) to

add 30,000 to the Army, 12,000 to the Marine Corps, 2,000 to the Navy, and 1,000 to the Air

Force in FY2006, also in addition to the FY2005 increases. Some outside groups have proposed

adding as many as 25,000 troops per year to the force for the next several years.14

Since the proposed increases in FY2006 go far beyond the 30,000 added troops the Pentagon

currently has in the force, the issues is no longer moot, and the debate is about, in effect,

permanent, substantial, and costly increases in the overall size of the force. This the

Administration strongly resists. Secretary of Defense Rumsfeld, in particular, has opposed

permanent increases, arguing that much can be done, and is already underway, to restructure

forces to make up for the number of troops needed to fill out deployable combat units. Among

other things, Rumsfeld wants to restructure the Army to reduce non-combat positions and shift

personnel into the combat arms. Moreover, the Pentagon has been attempting to transfer

substantial numbers of jobs from military to civilian positions. The Administration argues that

these measures should be fully implemented before coming to any conclusions about permanently

adding to military end-strength.

Congressional Action

In subcommittee markup of the defense authorization bill, the House Armed Services

Committee’s personnel subcommittee added 10,000 in end-strength to the Army and 1,000 to the

Marine Corps in FY2006. The full committee and the full House subsequently approved that

measure. In its markup, the Senate Armed Services Committee added 20,000 to Army endstrength in FY2006 (see Table 8). Compared to the enacted FY2004 end-strength authorization as

a baseline, the Senate provision would add 40,000 troops to the Army and 3,000 to the Marine

Corps—13,000 more than the 30,000 additional troops the Administration has decided to

maintain for Iraq and Army modularization. The authorization conference agreement follows the

House, which provides for Army end-strength of 512,400, 30,000 above the FY2004 base level.

14

Edward Epstein, “Support Grows For Beefing Up U.S. Forces,” San Francisco Chronicle, April 4, 2005, p. 1.

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Table 8. House and Senate Action on Statutory Active Duty End-Strength Levels,

FY2004-FY2006

Enacted

FY2004

Enacted

FY2005

Request

FY2006

House

FY2006

Senate

FY2006

Conf.

FY2006

Army

482,400

502,400

482,400

512,400

522,400

512,400

Navy

373,800

365,900

352,700

352,700

352,700

352,700

Marine

Corps

175,000

178,000

175,000

179,000

178,000

179,000

Air Force

359,300

359,700

357,400

357,400

357,400

357,400

Sources: Enacted from P.L. 108-136 and P.L. 108-375; request from DOD, Office of Legislative Counsel; House

from H.R. 1815, as reported; Senate from S. 1042, as reported; conference total from H.Rept. 106-360.

Navy Shipbuilding—A Budgetary “Ship Wreck”?

The Navy’s FY2006 request includes funding for just four new ships—

•

one Virginia-class nuclear attack submarine,

•

one Littoral Combat Ship (LCS),

•

one LPD-17-class amphibious transport ship, and

•

one T-AKE auxiliary dry cargo ship.

Last year, the Navy’s plan for FY2006 called for six ships. In addition, in December 2004, in

order to meet budget limits established by the Office of Management in Budget, the Defense

Department announced some longer-term changes in Navy shipbuilding in Program Budget

Decision 753 (PBD-753). Specifically PBD-753

•

reduced the planned procurement rate of DD(X) destroyers in FY2007-FY2011

to one per year;

•

cut planned Virginia-class submarine production in FY2006-FY2011 to one per

year rather than increasing to two per year starting in FY2009;

•

eliminated funds for an LPD-17 amphibious ship from the FY2008 plan; and

•

delayed by one year to FY2008 planned procurement of a new aircraft carrier,

CVN-21.

The four-ship FY2006 request falls far short of the annual procurement rate the Navy has, in the

past, said is needed to maintain the size of the fleet. The math is straightforward. Assuming an

average service life of 35 years for each ship, a Navy of 300 ships requires building 300 ÷ 35 =

8.6 ships per year on average. Recently the Navy has tried to get away from judging its needs on

the basis of numbers of ships, saying that capabilities, rather than numbers, are what matters. But

that argument has not been persuasive in Congress, and, recently, the Navy responded to a

congressionally mandated requirement that it provide an estimate of long-term shipbuilding

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requirements with a report that showed two alternatives for FY2035, one with 260 ships and one

with 325 ships.15

Planned production appears to lead closer to the lower end of that range, if that much. Projected

production rates grow over the next few years, but only because the Navy plans to ramp up

production of the relatively small Littoral Combat Ship to five per year by FY2009. Retiring

Chief of Naval Operations, Admiral Vernon Clark, has pointed to long-term rising shipbuilding

costs as the main reason for the Navy’s difficulties.16

Many Members of Congress, particularly from shipbuilding states, have expressed alarm about

the low rate of Navy shipbuilding. A particular issue has been a Navy proposal, which was

deferred by the Under Secretary of Defense for Acquisition, to hold a winner-take-all competition

between the two surface combatant construction shipyards for the right to build all DD(X)

destroyers, rather than to divide the ships between two yards, as for DDG-51 destroyers.

Legislators fear that one shipyard would be forced to close under such a strategy.17

One possible response is for Congress to increase the FY2006 shipbuilding budget by shifting

funds from other programs. Navy officials and some legislators have also discussed using

alternative funding mechanisms for Navy ships as a means of allowing more new ship

construction to start within a limited budget. Defense acquisition guidelines generally require

“full funding” of weapons procurement—appropriations are required to be sufficient to finance

the number of complete, useable end items of systems Congress has approved. 18 There are

alternatives to the full funding policy, however, and these are now being discussed actively for

Navy shipbuilding.

One possibility, which Congress has used for some ships in the past, is “incremental” or “split”

funding, in which Congress appropriates only part of the money needed to complete a ship and

plans to appropriate the remainder in future years. Another is advance appropriations, in which

Congress appropriates funds for the full cost of a ship, but delays the availability of part of all of

the funds until the start of the next fiscal year. While these alternative funding mechanisms may

smooth out annual Navy shipbuilding numbers, they will not allow significantly more ships to be

procured, and they may simply trade a budget problem this year for at least equally severe

problems in the future.19

15

See Department of the Navy, “An Interim Report to Congress on Annual Long-Range Plan for the Construction of

Naval Vessels for FY2006,” March 2005.

16

See Statement of Admiral Vernon Clark, USN, Chief of Naval Operations, Before the Senate Armed Services

Committee, February 10, 2005, pp. 20-21, available on line at

http://armed-services.senate.gov/statemnt/2005/February/Clark%2002-10-05.pdf.

17

See CRS Report RS21059, Navy DD(X) and CG(X) Programs: Background and Issues for Congress; and CRS

Report RL32109, Navy DDG-1000 and DDG-51 Destroyer Programs: Background, Oversight Issues, and Options for

Congress, by Ronald O’Rourke.

18

See CRS Report RL31404, Defense Procurement: Full Funding Policy—Background, Issues, and Options for

Congress, by Ronald O’Rourke and (name redacted).

19

For a full discussion see CRS Report RL32776, Navy Ship Procurement: Alternative Funding Approaches—

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

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Congressional Action

During Senate consideration of the FY2006 congressional budget resolution (S.Con.Res. 18),

Senator Warner proposed an amendment, SA 146, to increase the resolution’s limit on the total

amount of advance appropriations by $14 billion and to allow advance appropriations to be used

for Navy shipbuilding. The amendment was never brought up on the floor, however. The

conference report on the budget resolution, H.Con.Res. 95, does not provide an increase in the

original limit on advance appropriations, though it does include Navy shipbuilding in a list of

accounts for which advance appropriations may be provided in the Senate. Congress may still

provide advance appropriations for ships, but only if other advance appropriations are reduced, or

if there is no objection in the Senate, or if 60 Senators vote to waive the limit.

Later, in the version of supplemental appropriations bill (H.R. 1268) that the Senate

Appropriations Committee reported to the floor, the committee included a provision that prohibits

funds made available in the supplemental or in any prior acts, to be used to implement a winnertake-all strategy to acquire the DD(X). The conference agreement included the Senate measure.

This did not, however, apply to future appropriations, so the matter remains at issue in action on

FY2006 bills.

In subcommittee markup of the FY2006 defense authorization bill, the House Armed Services

Committee subcommittee on projection forces took a number of dramatic steps to restructure

Navy shipbuilding. The subcommittee added funds for three additional ships, including $2.5

billion for 2 DDG-51 destroyers and $384 million for an additional T-AKE dry cargo ship. The

subcommittee also provided $418 million, an increase of $268 million, to begin construction of a

new LHA(R) amphibious assault ship. The subcommittee also took steps to rein in the costs of

new ships. Most significantly, it imposed a cost ceiling of $1.7 billion on what it calls the “next

generation surface combatant.” Since this applies to the DD(X), the Navy will have to design a

less costly substitute destroyer. The subcommittee also put a cost cap on the Logistics Combat

Ship, Virginia-class submarines, and LHA(R), and it required the Navy to develop a nextgeneration submarine that, presumably, will cost less than Virginia-class boats.20

Later, in full committee markup, the House Armed Services Committee took steps to restore

CVN-21 procurement to the FY2007 plan rather than delay it to FY2008 as the Navy proposed.

The committee approved an amendment to add $86.7 million for advanced procurement of the

CNV-21, but with a requirement that the Pentagon must certify that the extra money would allow

the Navy to begin production of the carrier in FY2007.

In stark contrast to the House, the Senate Armed Services Committee did not radically restructure

Navy shipbuilding. In its markup of the FY2006 authorization, the committee added $175 million

in partial funding for the LHA(R) ship, but otherwise did not increase the number of ships being

built in FY2006. The committee also authorized CVN-21 construction to begin in FY2007, the

plan last year, rather than in FY2008, as the Navy now plans, and provided an additional $86.7

million for the program. On the DD(X), the committee indicated continuing support for the

program by adding $50 million for advance procurement of a second ship, and it provided that the

20

House Armed Services Committee, Projection Forces Subcommittee, Press Release, “House Projection Forces

Subcommittee Mark Approved Unanimously Without Amendment for FY06 National Defense Authorization Act,”

May 11, 2005.

Congressional Research Service

27

Defense: FY2006 Authorization and Appropriations

funds are only available for production at a second shipyard. The committee specifically

prohibited a “winner-take-all” acquisition strategy for the DD(X).

The House Appropriations Committee generally followed the House authorization, though with

some adjustments. As in the authorization, the committee cut funds for the DD(X) and it added

money for one T-AKE. It added only one rather than two DDG-51s, however, and it added funds

for two Littoral Combat Ships instead—so in all the committee added 4 ships to the request. The

committee added $50 million to the LHA(R) request, less than the authorization, and urged the

Navy to request full funding for the cost of the ship in the future rather than spreading funding

across several years.

The Senate Appropriations Committee mainly followed the Senate authorization. It added $50

million for DD(X) for a second ship, added $86.7 million for CVN-21, but eliminated $380

million for T-AKE construction due to cost increases and construction delays.

The appropriations conference agreement adds $62 million to accelerate the start of the CVN-21

aircraft carrier to FY2007, provides funding as requested for the DD(X) destroyer and adds $50

million for advance procurement for a second ship, does not add funds for additional DDG-51

destroyers, cuts $100 million from the LHA (R) amphibious ship program, and, as in the House,

adds $384 million for an additional T-AKE cargo ship (funded in the “National Defense Sealift

Fund” account). So, in the end, Congress rejected the House effort to terminate the DD(X) and

build more DDG-51s, instead. The authorization conference agreement includes a provision

prohibiting acquisition of the DD(X) through a single shipyard.

Congress, nonetheless, remains concerned about weapons cost growth. The authorization

conference agreement sets cost caps on the Virginia-class submarine, DD(X), and LCS programs.

Congressional Research Service

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Table 9. House and Senate Action on Navy Shipbuilding: Authorization

(amounts in millions of dollars)

Request

Procurement

R&D

House Authorization

Senate Authorization

Procurement

Procurement

R&D

R&D

Conference

Authorization

Procurement

R&D

#

$

$

#

$

$

#

$

$

#

$

$

Comments

CVN-21 Carrier

Replacement

Program

—

564.9

308.0

—

651.6

316.0

—

651.6

308.0

—

651.6

308.0

House, Senate, and conference add

$86.7 mn. to procure ship in FY2007,

House conditioned on DOD

certification that ‘07 start is possible.

DD(X)

Destroyer

—

716.0

1,114.8

—

—

700.0

—

766.0

1,124.8

—

766.0

1,124.8

House cuts all procurement and

provides $700 mn. for R&D for new

design. Senate and conf. add $50 mn.

for 2nd ship advance procurement.

DDG-51

Destroyer

—

225.4

—

2

2,725.4

—

—

250.4

—

—

250.4

—

LCS Littoral

Combat Ship

1

36.8

576.4

1

36.8

588.5

1

36.8

576.4

1

36.8

576.4

—

LPD-17

Amphibious Ship

1

1,344.7

11.4

1

1,344.7

11.4

1

1,344.7

11.4

1

1,344.7

11.4

—

LHA(R)

Amphibious Ship

—

150.4

—

—

418.0

—

—

325.4

—

—

50.0

—

House adds $268 mn., Senate adds

$175 mn. Conf. cuts $100 mn.

Virginal Class

Submarine

1

2,401.5

155.8

1

2,401.5

175.8

1

2,401.5

199.8

1

2,401.5

192.8

House. Senate, and conf. add small

amnts. for R&D.

Carrier Refueling

Overhaul

—

1,513.6

—

—

1,513.6

—

—

1,513.6

—

—

1,513.6

—

—

Missile Submarine

Conversion

—

286.5

24.0

—

286.5

24.0

—

286.5

24.0

—

286.5

24.0

—

T-AKE Cargo

Ship

1

380.1

—

2

764.5

—

1

380.1

—

2

764.5

—

House and conf. add $384 mn. for

one added ship.

Totals

4

7,619.9

2,190.4

7

10,142.6

1,815.7

4

7,956.7

2,244.4

5

8,065.3

2,237.4

House adds $2.5 bn. and three

ships; conf. adds one T-AKE.

Sources: Department of Defense; H.Rept. 109-89; S.Rept. 109-69.

CRS-29

House adds $2.5 bn. for 2 ships.

Note: For CVN-21, the House authorization adds $86.7 million on condition that DOD certify that the added funds will allow full procurement of the ship in the FY2007

budget. Littoral Combat Ship number includes construction of one ship funded in R&D. T-AKE procurement is funded in the National Defense Sealift Fund.

Table 10. House and Senate Action on Navy Shipbuilding: Appropriations

(amounts in millions of dollars)

Request

Procurement

R&D

House Appropriations

Senate Appropriations

Procurement

Procurement

R&D

R&D

Conference

Appropriations

Procurement

R&E

#

$

$

#

$

$

#

$

$

#

$

$

Comments

CVN-21 Carrier

Replacement

Program

—

564.9

308.0

—

564.9

310.0

—

651.6

308.0

—

626.9

311.0

House does not follow auth. add to

push full procurement to FY2007.

Senate adds $86.7 mn. and conf. $62

mn. for FY2007 schedule.

DD(X) Destroyer

—

716.0

1,114.8

—

—

757.0

—

766.0

1,127.8

—

716.0

1,156.9

House cuts all procurement and cuts

R&D by $358 mn. Senate adds $50

mn. for advance procurement for

second ship.

DDG-51

Destroyer

—

225.4

—

1

1,600.0

—

—

29.8

—

—

200.0

—

House adds $1.4 bn. for 1 ship (vs 2

in auth.). Senate cuts $196 mn. due

to violation of full funding policy.

LCS Littoral

Combat Ship

1

36.8

576.4

3

476.8

581.9

1

44.4

581.4

3

476.8

582.6

House and conf. add $440 mn. for 2

ships.

LPD-17

Amphibious Ship

1

1,344.7

11.4

1

1,344.7

11.4

1

1,344.7

11.4

1

1,344.7

11.4

LHA(R)

Amphibious Ship

—

150.4

—

—

200.4

—

—

150.4

—

—

150.4

—

House adds $75 mn. (vs. 268 mn. in

auth.).

Virginal Class

Submarine

1

2,401.5

155.8

1

2,401.5

169.3

1

2,401.5

193.8

1

2,401.5

177.9

Senate and conf. add R&D for multimission module.

Carrier Refueling

Overhaul

—

1,513.6

—

—

1,320.0

—

—

1,513.6

—

—

1,338.6

—

CRS-30

—

House trims $194 mn.

Request

Procurement

R&D

House Appropriations

Senate Appropriations

Procurement

Procurement

R&D

R&D

Conference

Appropriations

Procurement

R&E

Comments

#

$

$

#

$

$

#

$

$

#

$

$

Missile Submarine

Conversion

—

286.5

24.0

—

286.5

24.0

—

286.5

24.0

—

286.5

24.0

T-AKE Cargo

Ship

1

380.1

—

2

714.1

—

—

—

—

1

380.1

—

Totals

4

7,619.9

2,190.4

8

8,909.0

1,853.6

3

7,620.0

2,190.4

6

7,921.5

2,263.8

—

House adds $334 mn. for 1

additional ship. Senate eliminates

funds.

House adds $1.3 bn. and 4 ships.

Senate cuts one ship. Conf.

adds 2 LCS ships.

Sources: Department of Defense; H.Rept. 109-119; S.Rept. 109-141; S.Rept. 109-359.

Note: Littoral Combat Ship number includes construction of one ship funded in R&D. T-AKE procurement is funded in the National Defense Sealift Fund.

CRS-31

Defense: FY2006 Authorization and Appropriations

Retiring an Aircraft Carrier and Reducing the Carrier Force to 11

PBD-753 not only trimmed the long-term Navy shipbuilding plan, it also proposed retiring the

USS John F. Kennedy, one of two conventionally-powered aircraft carriers still in service. This

would reduce the number of carriers in the fleet from 12 to 11. The Navy insists that it would still

be able to meet its overseas stationing requirements and its requirements to surge forces in a

crisis. Like the Navy shipbuilding cuts, the proposal to retire the Kennedy, which is based in

Florida, has been controversial in Congress. One element of the debate is whether it is wise to

retire a conventionally powered ship, since the United States has long deployed one carrier in

Japan, and Japan has objected to visits by nuclear-powered ships in the past. The Navy’s other

conventionally-powered carrier, the Kitty Hawk, is scheduled for retirement in FY2008.

Congressional Action

In floor action on the FY2005 supplemental appropriations bill, H.R. 1268, the Senate approved

(by 58-38 on April 20, 2005) an amendment by Senator Warner, SA 498, requiring that funds

provided to the Navy in the supplemental be available for repair and maintenance to extend the

service life of the Kennedy and that prohibits funds in the supplemental to be used to reduce the

number of aircraft carriers below 12 until the Quadrennial Defense Review (QDR) is submitted to

Congress. The QDR is required no later than February of next year. The conference agreement

approved the measure with minor changes. An amendment that would have applied these

restrictions to funding provided in prior acts was ruled out of order, and the issue may well come

up again in action on FY2006 bills.

In its markup of the FY2006 defense authorization bill, the Senate Armed Services Committee

directed the Navy to retain 12 carriers until 180 days after the completion of the Quadrennial

Defense Review and also directed the Navy to perform maintenance and repair of the USS John

F. Kennedy to extend the life of the ship. (See CRS Report RL32731, Navy Aircraft Carriers:

Retirement of USS John F. Kennedy - Issues and Options for Congress, by Ronald O’Rourke.)

The House Armed Services Committee did not take any steps to keep the Kennedy in service.

Instead it barred further reductions in the carrier force by requiring the Navy to maintain a

minimum of 11 deployable carriers. The House Appropriations Committee did not address the

issue.

The authorization conference agreement includes a provision amending Title 10 of the U.S. Code,

which governs the Defense Department, to require that the Navy keep 12 operational aircraft

carriers in the combat force.

C-130J Aircraft Termination

PBD-753 proposed some other cuts in major weapons programs. One decision, though it was

subsequently reversed, was to terminate procurement of the C-130J cargo plane after purchasing

12 more KC-130J variants for the Marine Corps in FY2006. C-130 aircraft are a mainstay of U.S.

airlift fleet. The C-130J is a new variant, with substantially greater capabilities, but which has had

significant problems in meeting operational requirements. Both the DOD Inspector General and

the DOD Director of Operational Testing have issued reports that are quite critical of current

safety and mission performance of the aircraft, and it is now being used in only restricted roles.

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Defense: FY2006 Authorization and Appropriations

The decision to terminate C-130J procurement was controversial in Congress. The C-130 has

historically had support not only from Georgia, where it is produced, but from advocates of Air

National Guard units all over the country where the aircraft is deployed. For its part, the Defense

Department from the start appeared somewhat less firm in its determination to terminate the C130J than on other PBD-753 decisions. Shortly after the budget request was formally released in

February, senior Pentagon officials said that the Department planned to review its C-130J

decision in the course of examining overall air lift requirements. 21 Finally, just as the House

Armed Services Committee was beginning subcommittee markup of the FY2006 defense

authorization, Secretary of Defense Rumsfeld sent a letter to Congress reversing the decision to

terminate the production.

Congressional Action

In floor action on the FY2005 supplemental (H.R. 1268) the Senate approved an amendment by

Senator Chambliss to prohibit any funds provided in the act from being used to terminate the

C/KC-130J contract. The Pentagon’s decision not to terminate C-130J production, however, left

unresolved how to divide up FY2006 funding between the Marine Corps KC-130J variant and the

Air Force C-130J.

It its markup of the FY2006 defense authorization, the Senate Armed Services Committee

reduced Marine KC-130J procurement from the 12 requested to 4 and shifted $735 million to the

Air Force to buy 9 C-130J airlift aircraft. The House Armed Services Committee also approved 4

KC-130Js and 9 C-130Js, as did the House Appropriations Committee. The Senate appropriations

provides funds for 6 KC-130Js and 7 C-130Js.

The conference agreement on the defense appropriations bills provides $384 million for 5 KC130Js and $690 million for 8 C-130Js—see Table 11.

Table 11. C-130 Procurement Appropriations

(amounts in millions of dollars)

Request

House

Appropriations

Senate

Appropriations

Conference

Appropriations

#

$

#

$

#

$

#

$

KC-130 Aircraft

12

1,092.7

4

321.1

6

447.3

5

384.2

KC-130 Advance Procurement

—

—

—

45.6

—

71.0

—

58.0

C-130 Series Modifications

—

42.7

—

32.7

—

42.7

—

32.7

C-130J Aicraft

—

99.0

9

744.0

7

516.0

8

690.0

C-130J Advance Procurement

—

—

—

90.0

—

90.0

—

80.0

C-130 Modifications

—

191.6

—

194.4

—

182.8

—

178.9

Aircraft Procurement, Navy

Aircraft Procurement, Air Force

21

Dave Ahearn, “C-130J May Gain New Lease On Life: Rumsfeld,” Defense Today, February 17, 2005.

Congressional Research Service

33

Defense: FY2006 Authorization and Appropriations

Request

#

$

House

Appropriations

#

Senate

Appropriations

Conference

Appropriations

$

#

$

#

$

Procurement, Defense-Wide (Special Operations Command)

MC-130H Combat Talon II

Aircraft

—

66.3

—

66.3

—

66.3

—

66.3

C-130 Modifications

—

67.3

—

67.3

—

67.3

—

62.0

Sources: H.Rept. 109-119, S.Rept. 109-141.

F/A-22 Fighter Termination

PBD-753 also proposed terminating production of the Air Force F/A-22 fighter after FY2008.

This would stop the program after about 180 aircraft have been produced. Air Force budget plans

after FY2008 included funds for 96 additional aircraft, and the Air Force wanted more—its latest

goal was about 381. The Air Force has also been discussing additional aircraft, modified

substantially for bombing missions.

The F/A-22 has been the Air Force’s top priority program. 22 It is designed to be the best air

superiority fighter aircraft in the world in the future. Air Force officials have continued to argue

against the cuts, insisting that the whole issue should be reviewed in the QDR. But officials

outside the Air Force have so far provided little encouragement.

Congressional Action

While there has been some opposition to the F/A-22 cuts in Congress, there were no related

legislative proposals. The planned cuts in funding for the program, however, do not begin until

the FY2008 budget, and production ceases only in FY2009, so there remains some time to

consider the program’s fate. None of the congressional defense committees significantly changed

the program in FY2006.

Other Programs with Cost Increases and Schedule Delays

A perennial issue for Congress is what to do about programs that have consistently and repeatedly

been delayed or in which costs have grown substantially beyond original projections. Sometimes

Congress has intervened to reduce or restructure funding for such programs. At other times, it has

held oversight hearings to determine whether problems are under control.

Navy ships are certainly not the only troubled programs in the defense budget. Delays and cost

growth have plagued a number of high profile weapons programs in recent years, including the

F/A-22 aircraft, the F-35 Joint Strike Fighter,23 and a several satellite and space launch programs,

including the Space-Based Infrared System-High (SBIRS-High), the Space Surveillance and

22

For an overview of the program and a review of key issues, see CRS Report RL31673, F-22A Raptor, by (name redact

ed).

23

See CRS Report RL30563, F-35 Lightning II Joint Strike Fighter (JSF) Program: Background, Status, and Issues,

by (name redacted).

Congressional Research Service

34

Defense: FY2006 Authorization and Appropriations

Tracking System (SSTS, which was formerly SBIRS-Low), the Transformational

Communications Satellite (TSAT), the Space Based Radar (now called the Space Radar), and the

Evolved Expendable Launch Vehicle (EELV). Costs of the Army’s multi-faceted Future Combat

System have also been climbing, and the General Accounting Office has raised questions about

the maturity of technologies being pursued. 24

Last year, Congress cut requested funding for TSAT by $300 million, a 39% reduction, requiring

the Air Force to restructure the program, and it cut requested funding for the Space Based Radar

by $253 million, a 77% reduction, essentially terminating the development effort. This year, the

Defense Department has again asked for funding both for TSAT and for the renamed Space

Radar.

Congressional Action

The Senate Armed Services Committee Airland Subcommittee, chaired by Senator McCain, has

held a number of hearings on the Army Future Combat System (FCS). Recently the Army

announced that it was planning to revise the type of contract under which the FCS was being

developed. It will use a more traditional contract to which standard acquisition regulations will

apply.

In initial House Armed Services Committee subcommittee markup, the FCS, in particular, was

cut significantly. In effect, the FCS and some other programs that Congress considers to be

suffering from problems may end up being “bill payers” for increases in Navy shipbuilding and

some other accounts. In contrast, in its markup of the FY2006 defense authorization, the Senate

Armed Services Committee approved the full $3.4 billion requested for FCS.

In its full committee markup of the authorization, the House Armed Services Committee trimmed

FCS funding by $400 million and shifted some parts of the program from the FCS funding line to

R&D lines for more basic research. The committee also reduced funds for the Transformational

Communications Satellite (TSAT) by $400 from $838.5 million to $435.8 million and for the

Space-Based Radar by $125.8 million from $225.8 million to $100.0 million.

Finally, the House Armed Services Committee made some significant changes in acquisition laws

in an effort to control weapons cost growth. The committee established conditions before a

development program may be approved for full scale system development and demonstration

(SDD). It also required closer monitoring of changes from original program baseline cost

estimates. And, perhaps most notably, it mandated a formal analysis of alternatives for any system

that exceeds 15% cost growth.

The House Appropriations Committee generally followed the authorization bill’s

recommendations—it trimmed funding for the Future Combat System by about $400 million, cut

the TSAT by $400 million, and cut the Space-Based Radar by $126 million. The committee also

terminated the Joint Air to Surface Standoff Missile (JASSM) program.

The Senate Appropriations Committee provided $3.3 billion for FCS, $100 million below the

request, cut $200 million from the Joint Unmanned Combat Air System (J-UCAS) program, cut

24

See CRS Report RL32888, The Army’s Future Combat System (FCS): Background and Issues for Congress, by

(name redacted).

Congressional Research Service

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Defense: FY2006 Authorization and Appropriations

the TSAT by $250 million, reduced the Space Radar request by $125.8 million, cut SBIRS-High

by $100 million, and cut $236.3 million from the Joint Tactical Radio System (JTRS).

Both the House and the Senate also provided substantial funds for weapons procurement in the

separate title of the bill provided emergency appropriations for operations in Iraq and

Afghanistan. In particular, the funds include substantial amounts for uparmored HMMWVs and

other tactical vehicles. Table 14 shows the amounts of emergency funds for weapons

procurement in the House and Senate appropriations bills.

Congressional Research Service

36

Table 12. House and Senate Action on Selected Weapons: Authorization

(amounts in millions of dollars)

Request

Procurement

#

$

R&D

House Authorization

Senate Authorization

Procurement

Procurement

$

#

$

R&D

$

#

$

R&D

Conference

Authorization

Procurement

$

#

$

R&D

$

Comments

House cuts $499.2 mn. and

restructures program elements;

conf. cuts $50 mn.

Army

Future Combat System

—

—

3,404.8

—

—

2,905.6

—

—

3,404.8

—

—

3,354.8

Stryker Armored

Vehicle

240

878.4

26.7

240

893.4

41.7

240

878.4

26.7

240

878.4

26.7

—

UH-60 Blackhawk

Helicopter

41

584.7

115.0

46

658.2

118.9

41

584.7

115.0

41

584.7

115.0

House adds 5 aircraft

CH-47 Helicopter Mods

—

676.0

—

—

676.0

—

—

676.0

—

—

676.0

—

Joint Tactical Radio

System

—

27.4

407.5

—

27.4

407.5

—

27.4

368.1

—

27.4

377.5

SASC cuts $39.4 mn. conf. cuts

$30 mn.

F/A-22 Fighter, AF

24

3,733.5

479.7

24

3,733.5

479.7

24

3,733.5

479.7

24

3,733.5

479.7

—

F-35 Joint Strike Fighter,

Navy

—

—

2,393.0

—

—

2,393.0

—

—

2,393.0

—

—

2,393.0

—

F-35 Joint Strike Fighter,

AF

—

152.4

2,474.8

—

152.4

2,474.8

—

152.4

2,474.8

152.4

2,474.8

—

C-17 Cargo Aircraft, AF

15

3,236.3

165.8

15

3,236.3

165.8

15

3,236.3

165.8

15

3,236.3

165.8

—

Global Hawk UAV, AF

5

397.7

308.5

4

367.8

308.5

5

397.7

308.5

5

397.7

308.5

House cuts 1 aircraft

Predator UAV, AF

9

125.6

61.0

15

210.6

61.0

9

125.6

66.0

9

125.6

61.0

House adds 6 aircraft

F/A-18E/F Fighter, Navy

38

2,822.3

88.7

38

2,825.5

88.7

38

2,822.3

91.9

38

2,825.5

88.7

—

EA-18G Aircraft, Navy

4

336.7

409.1

4

336.7

409.1

4

336.7

409.1

4

336.7

409.1

—

—

Aircraft

CRS-37

Request

Procurement

#

R&D

$

$

House Authorization

Senate Authorization

Procurement

Procurement

#

R&D

$

$

#

R&D

$

$

Conference

Authorization

Procurement

#

R&D

$

$

Comments

V-22 Tilt Rotor Aircraft,

Navy

9

1,060.6

206.4

9

1,060.6

206.4

9

1,060.6

206.4

9

1,060.6

206.4

—

CV-22 Tilt Rotor

Aircraft, AF

2

243.7

69.5

2

243.7

71.5

2

243.7

69.5

2

243.7

71.5

—

300

150.2

67.0

300

150.2

67.0

300

150.2

67.0

—

100.0

67.0

Conf. cuts $50 mn. for

minimum production

Advanced EHF Satellite

1

529.0

665.3

1

529.0

665.3

1

529.0

765.3

1

529.0

665.3

SASC added $100 mn. to R&D

Evolved Expendable

Launch Vehicle

5

838.3

26.1

5

838.3

26.1

5

838.3

26.1

4

784.3

26.1

Conf. cuts $54 mn. for launch

delay

Space-Based Infrared

System-High

—

—

756.6

—

—

756.6

—

—

756.6

—

—

756.6

—

Transformational

Communications

Satellite

—

—

835.8

—

—

435.8

—

—

635.8

—

—

435.8

House and conf. cut $400 mn.,

Senate cut $200 mn.

Space-Based Radar

—

—

225.8

—

—

100.0

—

—

150.8

—

—

100.0

House and conf. cut $125.8

mn.; SASC cut $75 mn.

Missiles/Space

Jt Air-to-Surface

Standoff Msl.

Sources: DOD; H.Rept. 109-89; S.Rept. 109-69; H.Rept. 109-360

CRS-38

Table 13. House and Senate Action on Selected Weapons: Appropriations

(amounts in millions of dollars)

Request

Procurement

#

$

Senate

Appropriations

House Appropriations

R&D

Procurement

$

#

$

R&D

Procurement

$

#

$

Conference

Appropriations

R&D

Procurement

$

#

$

R&D

$

Comments

HAC cut $449 mn. from overall FCS,

added $50 mn. for NLOS Cannon. SAC

cut $100 mn. Conf. cut $289 mn. added

$50 mn. for NLOS Cannon.

Army

—

—

3,404.8

—

—

3,007.4

—

—

3,308.8

—

—

3,168.8

Stryker

Armored

Vehicle

240

878.4

26.7

240

882.4

26.7

240

878.4

26.7

240

881.2

26.7

—

UH-60

Blackhawk

Helicopter

41

584.7

115.0

45

659.7

115.0

41

584.7

123.0

45

659.7

122.0

HAC and conf. add $75 mn. for 4

aircraft.

CH-47

Helicopter Mods

—

676.0

—

—

676.0

—

—

680.5

—

—

678.3

—

SAC adds $4.5 mn., conf. $2.3 mn. for

mods.

Joint Tactical

Radio System

—

27.4

407.5

27.4

407.5

—

27.4

368.1

—

27.4

377.5

SASC cut $39.4 mn.; conf. cuts $30 mn.

F/A-22 Fighter,

AF

24

3,733.5

479.7

24

3,733.5

479.7

24

3,733.5

454.7

24

3,733.5

454.7

—

F-35 Joint Strike

Fighter, Navy

—

—

2,393.0

—

—

2,399.2

—

—

2,269.0

—

—

2,305.1

SAC cut $124 mn., conf. cut $92 mn.

—

152.4

2,474.8

—

—

2,474.8

—

152.4

2,328.8

—

120.0

2,366.8

HAC cut $152.4 mn., conf cut $32 mn.

for adv. proc.; SAC cut $146 mn., conf.

$108 mn. from R&D

C-17 Cargo

Aircraft, AF

15

3,236.3

165.8

15

3,236.3

165.8

15

3,264.3

167.8

15

3,263.3

167.2

—

Global Hawk

5

397.7

308.5

3

259.5

329.7

5

397.7

317.5

5

363.5

332.4

HAC reduce 2 aircraft, conf. no change

Future Combat

System

Aircraft

F-35 Joint Strike

Fighter, AF

CRS-39

Request

Procurement

#

Senate

Appropriations

House Appropriations

R&D

Procurement

R&D

$

$

#

$

$

Procurement

#

R&D

$

$

Conference

Appropriations

Procurement

#

R&D

$

$

Comments

UAV, AF

Predator UAV,

AF

9

125.6

61.0

13

177.6

63.5

9

125.6

63.5

9

125.6

63.5

HAC added 4 aircraft, conf. no change

F/A-18E/F

Fighter, Navy

38

2,822.3

88.7

38

2,822.3

88.7

38

2,830.2

90.7

38

2,826.3

87.4

—

EA-18G Aircraft,

Navy

4

336.7

409.1

4

336.7

400.0

4

336.7

409.1

4

336.7

409.1

—

V-22 Tilt Rotor

Aircraft, Navy

9

1,060.6

206.4

9

1,060.6

206.4

9

1,060.6

206.4

9

1,060.6

206.4

—

V-22 Tilt Rotor

Aircraft, AF

2

243.7

69.5

2

232.2

71.5

2

243.7

69.5

2

243.7

70.5

—

Jt Air-to-Surface

Standoff Msl

300

150.2

67.0

—

2.0

67.0

—

100.0

67.0

—

100.0

67.0

HAC terminates; SAC and conf.

maintain minimum production capability.

Advanced EHF

Satellite

1

529.0

665.3

1

529.0

665.3

1

529.0

665.3

1

529.0

665.3

—

Evolved

Expendable

Launch Vehicle

5

838.3

26.1

5

747.3

26.1

5

784.3

26.1

—

784.3

26.1

HAC, SAC, and conf. cut $91 mn. for

delay in SBIRS launch.

Space-Based

Infrared SystemHigh (SBIRSHigh)

—

—

756.6

—

—

756.6

—

—

656.6

—

—

706.6

SAC cuts $100 mn., conf. cuts $50 mn.

due to cost growth.

Transformational

Communications

Satellite

—

—

835.8

—

—

436.8

—

—

585.8

—

—

436.8

HAC and conf. cut $399 mn., SAC cut

$250 mn. for delays.

Space-Based

Radar

—

—

225.8

—

—

100.0

—

—

100.0

—

—

100.0

HAC, SAC, and conf. cut $125.8 mn.

Missiles/Space

Sources: DOD; H.Rept. 109-119; S.Rept. 109-141; H.Rept. 109-359.

CRS-40

Defense: FY2006 Authorization and Appropriations

Table 14. Emergency Appropriations for Weapons Procurement

(thousands of dollars)

House

Senate

Conf.

Aircraft Procurement, Army

—

348,100

232,100

AH—64 Apache Mods

—

98,800

74,100

Guardrail Mods

—

25,000

18,700

HH—60L MEDEVAC Helicopters

—

90,000

30,000

Integrated Mechanical Diagnostics—HUMS

—

25,000

—

Aircraft Survivability Equipment

—

11,200

11,200

ASE CM

—

69,600

69,600

CH—47 Replacement

—

28,500

28,500

Missile Procurement, Army

—

80,000

55,000

TOW2B

—

80,000

55,000

455,427

910,700

860,190

Bradley Base Sustainment

—

100,000

50,000

Bradley Reactive Tiles

—

25,000

-

M1 Abrams Tank Power Pack Improvement and Integration Optimization

—

252,700

252,700

Stryker—Combat Losses

—

50,000

50,000

Stryker

—

130,000

130,000

Carrier Mods

—

75,000

62,000

CROWS

—

75,000

75,000

Gun Trucks

2,450

—

—

M16 rifle mods

55,300

10,000

9,590

M240 medium machine gun mods

9,372

10,000

9,000

M240 medium machine gun (7.62mm)

107,944

10,000

18,000

M4 carbine mods

29,595

130,000

75,000

M4 carbine

168,237

—

63,000

M249 SAW mods

5,728

9,000

4,500

M249 SAW machine gun (5.56mm)

54,111

5,000

3,500

M107, Cal. 50 sniper rifle

9,274

1,000

1,000

Small Arms (Soldier Enhancement Program)

3,416

5,000

5,000

M2HB Enhanced .50 Caliber Machine Gun Kits

10,000

—

—

Mortar Systems

—

23,000

15,000

Counter Rocket, Artillery and Mortar FOB

—

—

36,900

Procurement of Ammunition, Army

13,900

335,780

273,000

First Destination Transportation

2,000

—-

—-

Ammunition Production Force Protection

11,900

—-

—-

Procurement of Weapons and Tracked Combat Vehicles, Army

Congressional Research Service

41

Defense: FY2006 Authorization and Appropriations

House

Senate

Conf.

CTG, 5.56MM, All Types

—-

20,753

30,000

CTG, 7.62MM, All Types

—-

14,889

21,000

CTG, 9MM, All Types

—-

1,513

—-

CTG, 50 CAL, All Types

—-

6,685

15,000

CTG, 20MM Phalanx (for C-RAM development)

—-

—-

6,000

CTG, 25MM, All Types

—-

6,999

—-

CTG, 30MM, All Types

—-

10,531

20,000

CTG, 40MM, All Types

—-

42,747

35,000

CTG, 60MM MORTAR, All Types

—-

15,335

—-

CTG, 81MM MORTAR, All Types

—-

32,286

—-

CTG, MORTAR, 120MM, All Types

—-

69,963

—-

CTG, Tank Training, All Types

—-

1,132

—-

CTG, ARTY, 155MM, All Types

—-

4,593

—-

CTG, Artillery, 155MM, All Types

—-

6,999

4,500

Modular Artillery Charge System (MACS), All Types

—-

841

600

Mines (Conventional), All Types

—-

486

—-

Shoulder Fired Rockets, All Types

—-

6,786

5,000

Rocket, Hydra 70, All Types

—-

10,000

—-

Demolition Munitions, All Types

—-

11,257

2,900

Grenades, All Types

—-

5,529

—-

Signals, All Types

—-

1,209

116,000

Simulators, All Types

—-

1,154

2,000

Non-Lethal Ammunition, All Types

—-

46,782

—-

Items Less Than $5 Million

—-

2,311

—-

Provision of Industrial Facilities

—-

15,000

15,000

Other Procurement, Army

1,501,270

3,916,000

3,174,900

Up-Armor HMMWVs: M1114, M1151, M1152

170,000

240,000

170,000

Add-on-Armor plate for level Ill and ballistic glass

20,000

150,000

50,000

HMMWV Recap

193,000

690,000

463,500

HMMWVs—AR

60,000

—

—

Up-armored HMMWVs (M1114)—AR

5,370

—

—

FMTVs

50,000

—

45,000

Light Medium Tactical Vehicle (LMTV) 2.5 ton

15,000

—

—

Medium Tactical Vehicle 5 ton—AR

41,000

—

—

HEMTT Recap

60,400

48,000

48,000

Truck Cargo PLS M1075—AR

37,000

—

—

Tactical Wheeled Vehicle Recap Modernization Program

Congressional Research Service

42

Defense: FY2006 Authorization and Appropriations

House

Senate

Conf.

9,000

—

—

FHTV

—

70,800

60,000

FHTV Trailers

—

—

12,500

Tactical Trailer/Dolly Sets

—

9,000

9,000

15,000

—

—

Freightliner Military Linehaul Tractors

—

12,000

6,000

Movement Tracking System

—

2,000

2,000

—

54,400

40,800

SINCGARS Family

87,000

500,000

450,000

High Frequency Radio—AR

21,000

—

—

Radio Improved, HF Family

—

600,000

575,000

Army Data Distribution System (Data Radio)

—

—

27,000

Combat Survivor Radios

—

11,100

11,100

Radio Set, AN/VDR-2

—

—

—

Bridge to Future Networks (ACUS MODS)

—

200,000

175,000

Force XXI Battle Command BDE and Below

116,900

116,000

116,000

5,000

—

—

Air & Missile Defense Planning & Control System

—

100,000

100,000

Maneuver Control System (MCS)

—

30,000

30,000

NAVSTAR Global Positioning System (Space)

—

14,000

14,000

Digital Topographic Support System

—

18,000

18,000

Mounted Battle Command on the Move

30,000

30,000

30,000

Prophet/COBRA

145,000

—

37,500

Prophet Ground (TIARA)

—

75,000

37,500

Items Less Than $5,0M (TIARA)

—

14,000

-

Night Vision Devices

—

245,000

225,000

Thermal Weapon System—Night Vision Equipment

—

73,000

68,000

Lightweight Counter Mortar Radar Enhancement

—

6,000

—

Small Tactical Optical Rifle Mounted Micro-Laser Range Finding System

—

6,000

—

Long Range Advanced Scout Surveillance System

—

5,000

5,000

IED Jammers

35,000

—

—

Low cost ECM production

10,000

—

—

Multi-Band SHF Terminal (Phoenix)—AR

12,000

—

—

Tactical Common Data Link

72,000

—

—

Biometrics Automated Toolset (BAT)

14,700

—

—

Tactical Operations Centers

84,000

85,000

72,000

All Source Analysis System

—

14,000

14,000

PLS Trailers—AR

M915A1 Replacements

Armored Security Vehicles

Defense advanced GPS receiver

Congressional Research Service

43

Defense: FY2006 Authorization and Appropriations

House

Senate

Conf.

Tactical Unmanned Aerial Vehicle (TUAV) (JMIP)

—

174,000

140,000

I-GNAT

—

50,000

—

Smoke & Obscurant Systems

—

10,000

—

Handheld Standoff Minefield Detection System

—

15,000

13,000

Nomad Helmet Mounted Display—Stryker Brigades

—

11,200

—

25,000

10,000

—

Medical Comm for Combat Casualty Care (MC4)

—

33,000

28,000

Combat Support Medical

—

26,500

23,000

Quick Clot Hemorrhage Control

5,000

—

—

Chitosan Hemorrhage Control Dressing

5,000

—

—

Self-contained Reusable Blood Container

10,000

—

—

HMMWV and Tactical Truck Crew Trainers

25,000

20,000

20,000

Counter Rocket, Artillery and Mortar (C-RAM)

107,900

80,000

24,000

—

68,000

—

15,000

—

15,000

Aircraft Procurement, Navy

—

151,537

138,837

P-3 SSI-K

—-

6,400

4,600

P-3C Center Wing Replacement

—-

13,800

13,800

AH-1W Increased Survivability

—-

6,600

6,600

AH-1W Turned Exhaust

—-

15,900

15,900

AH-1W Turned Exhaust (Spares)

—-

1,300

1,300

CH-53 Sustainment

—-

10,000

10,000

KC-130T DECM/NVL Ground Up

—-

24,700

18,000

UC-35 Aircraft Survivability Equipment

—-

7,500

7,500

AAR-47 Missile Warning System Upgrade

—-

8,100

8,100

ALQ-157 Maintainability Improvement

—-

3,000

3,000

Mobile Facility Power

—-

3,800

3,800

UH-1Y/AH-1Z NRE

—-

10,000

10,800

F/A-18 Litening Pods

—-

15,000

15,000

War Consumables

—-

10,437

10,437

AT FLIR

—-

15,000

10,000

Weapons Procurement, Navy

81,696

56,700

116,900

Tomahawk Missiles

81,696

—-

75,900

Hellfire Missiles (Thermobaric and Blast/Frag Variants)

—-

50,000

38,000

Pioneer TUAV Engines and Avionics

—-

6,700

3,000

144,721

48,485

38,885

20,221

—-

—-

Construction Equipment SLEP

Explosive Detection Equipment (Backscatter)

Persistent Threat Detection System, OIF loss replacement

Procurement of Ammunition, Navy and Marine Corps

Ammunition Requirements for FSRG

Congressional Research Service

44

Defense: FY2006 Authorization and Appropriations

House

Senate

Conf.

155mm Fuze-Electronic Time M762A1

10,000

—-

—-

Igniter-Time Blasting Fuze M81

5,000

5,000

3,500

Detonator, Non-Electric MK154

10,000

—-

—-

66mm Rocket-High Explosive M72A7

11,000

—-

—-

155mm Multi Option Fuze M782

6,000

—-

—-

120mm Tank Ammunition-M1028 Canister

3,000

3,000

—-

155mm High Explosive Projectile M795

15,000

15,000

12,000

.50 Caliber Cartridges

13,000

—-

—-

7.62mm Cartridges

1,500

—-

—-

40mm M430 HEDP

30,000

—-

—-

120mm Cartridges M830A1 HEAT-MP-T

10,000

—-

—-

C4 Charges M58A4 HE

10,000

—-

—-

Small Arms and Landing Party Ammo

—-

3,200

2,400

Air Expendable Countermeasures

—-

5,800

4,500

Asbly, Pyro MK 34

—-

16,485

16,485

Other Procurement, Navy

48,800

116,048

49,100

Physical Security Equipment

48,800

106,948

40,000

—

9,100

9,100

389,900

2,303,700

1,710,145

Miniature Transceiver (Blue Force Tracker)

7,400

—-

—-

Light Armored Vehicle (LAV)—48 vehicles

102,500

—-

57,000

—-

25,000

25,000

Weapons under $5 million

10,800

100,000

90,000

Modular Weapon System

—-

10,000

10,000

Guided Missile and Equipment Mod Kits

—-

1,500

1,000

Guided MLRS Pods for HIMARS

—-

54,500

30,000

Up Armored HMMWV: M1114, M1151, M1152

—-

200,000

178,645

MTVR

—-

500,000

275,000

Logistics Vehicle Replacement

—-

7,000

3,500

Commercial Cargo Vehicles

—-

7,000

3,500

Family of Tactical Trailers

—-

20,000

15,000

AN/PSQ-18A, M203 Day/Night Sight

—-

4,000

—-

Close Quarters Battle Sight

—-

5,000

—-

Mod Kits, Armor and Fire Support

—-

12,000

8,000

Comm Switching and Control Systems

—-

120,000

92,000

MAGTF Support (Air Ops C2 Systems)

—-

10,000

5,000

Radar Systems

—-

25,000

18,000

Combat Survivor Radios

Procurement, Marine Corps

Light Armored Vehicle (LAV) Combat Losses

Congressional Research Service

45

Defense: FY2006 Authorization and Appropriations

House

Senate

Conf.

Tactical Remote Sensor System

—-

25,000

14,000

Repair and Test Equipment

—-

20,000

15,000

Fire Support System

—-

30,000

20,000

Intelligence Support Equipment

—-

25,000

15,000

Mod Kits (Intell)

—-

11,000

3,000

General Purpose Tools

—-

1,000

1,000

Command Post Systems

—-

100,000

85,000

Common Computer Resources

—-

15,000

12,000

Small Unit Remote Scouting System

—-

7,500

6,000

225,000

90,000

72,000

Environmental Control Equipment

—-

3,000

2,000

Bulk Liquid Equipment

—-

20,000

14,000

Tactical Fuel Systems

—-

23,000

16,000

Assorted Power Equipment

—-

15,000

10,000

Construction Equipment

—-

15,000

12,000

Engineering Mod Kits

—-

5,000

3,500

Engineer and Other Equipment Less Than $5m

—-

7,000

4,500

Field Medical Equipment

—-

8,500

8,500

Family of EOD Equipment and EOD Systems

—-

140,000

23,000

High Power Jammmers UUNS

—-

362,700

362,700

Z Backscatter UUNS

—-

29,000

—-

PSS-14 Metal Detectors and Other Items

1,300

—-

—-

EOD Systems (demolition equipment)

—-

—-

5,300

Tactical Radios (PRC-117 and PRC-150 radios)

25,000

—-

—-

JTRS Legacy Bridge—EPLRS

17,900

—-

—-

—

250,000

194,000

115,300

118,058

125,300

—-

10,000

10,000

C-17 Modifications—LAIRCM installs

84,000

84,000

84,000

C-130 Modifications—LAIRCM installs

7,200

—-

7,200

War Consumables—Initial/replacement of towed decoys and rocket

launcher motors

24,100

24,058

24,100

Missile Procurement, Air Force

—

17,000

17,000

Hellfire Missiles

—

17,000

17,000

Other Procurement, Air Force

2,400

17,500

17,500

HMMWV, Up-Armored

2,400

2,400

2,400

—

2,000

2,000

Night Vision Equipment

Radio Systems

Aircraft Procurement, Air Force

ANG F—16/ A—10 Litening Pods

Advanced Ground Blue Force Tracker

Congressional Research Service

46

Defense: FY2006 Authorization and Appropriations

House

Senate

Conf.

463L Cargo Nets

—

4,100

4,100

Cargo Pallets

—

9,000

9,000

103,900

132,075

182,075

MH-47 infrared engine exhaust suppressor

7,700

7,700

—-

High performance mobility FLIR (ground)

10,800

—-

10,800

High performance mobility FLIR (maritime)

6,000

—-

6,000

Multi-band inter/intra team radio

13,500

—-

—-

Multi-band multi mission radio

65,900

—-

45,900

RAMS

—-

950

950

ALGL

—-

10,760

—-

ALQ-172

—-

2,700

2,700

AN/PAS-21

—-

10,452

6,000

TACTICOMP

—-

8,000

7,025

ITWS

—-

3,400

3,400

AGMS

—-

21,146

15,000

HPMMR

—-

2,584

1,600

TACLAN

—-

1,983

1,000

SWORD (moved to PDW line 64)

—-

2,000

—-

SOF Ordnance Replenishment

—-

10,000

10,000

Small Arms and Weapons

—-

31,300

31,300

Body Armor

—-

3,700

3,700

MH-47 Battle Loss Conversion

—-

15,400

15,400

A/MH-6M Little bird Helicopters

—-

—-

21,300

National Guard and Reserve Equipment

—

1,300,000

1,000,000

National Guard and Reserve Equipment

—

1,300,000

1,000,000

2,857,314

8,551,683

7,980,932

Procurement, Defense Wide

Total procurement

Sources: H.Rept. 109-119, S.Rept. 109-141; H.Rept. 109-359.

Missile Defense

Missile defense is the largest acquisition program in the Defense Department’s current six-year

plan, with a projected budget of more than $60 billion over the FY2006-FY2011 period. The

Administration is requesting $8.7 billion for missile defense development and procurement in

FY2006. PBD-753 directed the missile defense agency to reduce planned funding by $5 billion

over the six-year period, with a cut of $1 billion in FY2006 and $800 million per year each year

thereafter. As a result, there have been some significant changes in the long-term development

plan. In FY2006, the biggest reduction is in funding for a program known as the Ballistic Missile

Defense System Interceptor, a program to develop a high-acceleration booster and warhead

known as the Kinetic Energy Interceptor (KEI). Congress trimmed funding for the KEI last year,

and some have questioned whether a program aimed, in large part, at allowing interceptors to

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destroy enemy missiles in the boost phase is practical at all. KEI funding remains in future budget

plans, however.

Missile defense is often a matter of debate in Congress. A key issue recently has been whether the

testing program is adequate. In December, 2002, the White House announced a decision to

accelerate deployment of an initial, limited-capability, ground-based interceptor system to be

operational by the fall of 2004. The Missile Defense Agency is currently in the process of

deploying 20 interceptor missiles in Alaska and, for test purposes, in California, but the Defense

Department has not yet declared the system operational. Recent tests of the deployed missile and

warhead have failed, and the booster-warhead combination that is being deployed has yet to

tested successfully. Another recurrent issue in Congress is whether funding for more long-term

and uncertain technologies, such as space-based interceptors, should be reduced in favor of

increased funding for more immediately deployable systems, such as the Patriot PAC-3 short

range missile defense.

Congressional Action

In preliminary markup of the FY2006 defense authorization bill (H.R. 1815) in the House Armed

Services Committee strategic forces subcommittee, Representative Spratt offered an amendment

to require the Missile Defense Agency to schedule a missile defense interceptor test as soon as

possible. As an alternative, the subcommittee approved a measure that would add $100 million to

support additional testing of the ground-based system that is currently being deployed. The full

committee rejected proposals that would have required successful testing before continuing with

deployment and that would have transferred oversight of tests from the Missile Defense Agency

to the independent DOD Office of Operational Test and Evaluation. The House rule on the

authorization bill did not permit any additional amendments on missile defense funding or testing.

The committee bill requires a report comparing the Airborne Laser program and the Kinetic

Energy Interceptor program for the purpose of intercepting missiles in the boost phase.

The Senate Armed Services Committee also added funds for the mid-course defense system that

is now being deployed, and specified that $100 million of the added money is to enhance the

ground-based missile defense test program.

The House Appropriations Committee added $100 million for testing of the ground-based defense

and provided $82 million for a multiple kill vehicle. The committee restructured the budget for

the program to make different elements of the program more visible. The committee divided the

midcourse defense program into two parts, one for ground-based defenses and one for sea-based

defenses. The committee also divided the sensor program into separate program elements for

satellites and for radars.

The Senate Appropriations Committee provided an additional $200 million for the ground-based

midcourse defense system and $65 million more for the U.S.-Israeli Arrow program.

Table 15 shows final congressional appropriations action on missile defense by program element.

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Table 15. Congressional Action on FY2006 Missile Defense Funding

(budget authority in millions of dollars)

House

Appropriations

Senate

Appropriations

Amount

Change

to

Request

567.1

567.1

PATRIOT PAC-3

489.7

PATRIOT Modifications

Conference

Appropriations

Amount

Change

to

Request

Amount

Change

to

Request

—

567.1

—

567.1

—

489.7

—

489.7

—

489.7

—

77.4

77.4

—

77.4

—

77.4

—

7,775.2

7,630.7

-144.5

7,837.8

+62.6

7,913.8

+138.6

0603175C Ballistic

Missile Defense (BMD)

Technology

136.2

128.4

-7.9

125.6

-10.6

162.3

+26.1

0603879C Advanced

Concepts, Evaluations

and Systems

—

—

—

—

—

—

—

0603881C BMD

Terminal Defense

Segment

1,143.6

1,123.7

-19.9

1,208.6

+65.0

1,198.9

+55.3

0603882C BMD

Midcourse Defense

Segment

3,266.2

—

-3,266.2

—

-3,266.2

—

-3,266.2

060XXXXC BMD

Groundbased Midcourse

—

2,267.1

+2,267.1

2,541.7

+2,541.7

2,489.3

+2,489.3

060XXXXC BMD

Seabased Midcourse

—

892.1

+892.1

930.4

+930.4

939.1

+939.1

0603883C BMD Boost

Defense Segment

483.9

464.9

-19.0

493.9

+10.0

490.9

+7.0

0603884C BMD Sensors

529.8

—

-529.8

—

-529.8

—

-529.8

060XXXXC BMD

Satellites

—

231.4

+231.4

—

—

240.0

+240.0

060XXXXC Space

Surveillance & Tracking

System

—

—

—

245.5

+245.5

—

—

060XXXXC BMD

Radars

—

289.7

+289.7

294.3

+294.3

294.3

+294.3

0603886C BMD System

Interceptor

229.7

218.7

-10.9

115.0

-114.7

216.0

-13.7

0603888C BMD Test &

Targets

617.5

614.5

-2.9

624.5

+7.0

627.2

+9.8

0603889C BMD

Products

455.2

383.6

-71.5

425.2

-30.0

394.7

-60.5

0603890C BMD Systems

Core

447.0

404.4

-42.6

417.0

-30.0

420.2

-26.9

Request

FY2006

Procurement Army

RDT&E Missile

Defense Agency

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House

Appropriations

Senate

Appropriations

Amount

Change

to

Request

349.5

349.5

060XXXXC BMD

Program Support

—

0901585C Pentagon

Reservation

0901598C Management

HQ - MDA

Conference

Appropriations

Amount

Change

to

Request

Amount

Change

to

Request

—

299.5

-50.0

324.5

-25.0

141.0

+141.0

—

—

—

—

17.4

22.4

+5.0

17.4

—

17.4

—

99.3

99.3

—

99.3

—

99.3

—

RDT&E Army

305.0

305.0

—

305.0

—

305.0

—

0604865A/0604869A

PATRIOT PAC3/MEADS

288.8

288.8

—

288.8

—

288.8

—

0203801A PATRIOT

Improvement

16.2

16.2

—

16.2

—

16.2

—

RDT&E The Joint

Staff

81.5

81.5

—

81.5

—

81.5

—

0605126J Joint Theater

Air and Missile Defense

Organization

81.5

81.5

—

81.5

—

81.5

—

Total Missile Defense

8,728.8

8,584.3

-144.5

8,791.4

+62.6

8,867.4

+138.6

Request

FY2006

0603891C Special

Programs - MDA

Sources: H.Rept. 109-119; S.Rept. 109-141; H.Rept. 109-359.

Army Modularization

The Army is undertaking a wholesale reorganization of its combat forces. The reorganization is

designed to create a more flexible and more readily deployable force based primarily on separate

modular brigades that can be deployed individually or in combination, rather than on divisions

composed of three combat brigades and associated support elements. By the end of FY2007, the

Army plans to increase the number of deployable brigades in the active duty force from 33 to at

least 43 and possibly as many as 48 “Brigade Units of Action.” The Army National Guard will

also be reorganized from a force with 15 separate brigades and 19 divisional brigades into one

with 33 deployable Brigade Units of Action.25

The Army now projects that its modularization plan will cost $48 billion over the seven-year

FY2005-FY2011 period, up from about $28 billion when the plan was originally decided on.26 In

FY2005 and FY2006, the Army has not included funds to cover the costs in its regular or baseline

25

For an overview of the plan and a review of key issues, see CRS Report RL32476, U.S. Army’s Modular Redesign:

Issues for Congress, by (name redacted).

26

See testimony of Secretary of the Army Francis Harvey and Army Chief of Staff General Peter Schoomaker before

the House Defense Appropriations Subcommittee, March 2, 2005.

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budget. Instead, it has asked for $5 billion in the FY2005 supplemental to cover costs and plans to

request supplemental funds for FY2006 as well. PBD-753 (see discussion of Administration

request, below) directed the Defense Department to add $5 billion annually beginning in FY2007

to the Army’s regular budget to cover modularization costs thereafter.

Congress has generally supported the Army reorganization, though some questions have been

raised about it. The big issue has been whether to include funding in supplementals or in regular

appropriations, but his appears to have been resolved—funds will be in supplementals in FY2005

and FY2006 and in the regular budget thereafter. A key unanswered question is whether the Army

will be able to fill out the deployable brigade structure without a permanent increase in endstrength. Through FY2006, the Defense Department is keeping 30,000 troops in the force above

earlier end-strength levels, in part as a rotation base for Iraq and in part to provide a buffer as the

Army reorganizes. Costs are being covered in supplemental appropriations. The Defense

Department leadership expects the Army to fill out units after FY2006 without additional endstrength by reassigning personnel within the force and by shifting military jobs to civilians. Many

in Congress doubt that the Army will be able to fill out the new brigades in the future simply by

reassigning personnel.

Another key issue is whether, in the long run, the new Army force design will meet strategic

requirements. Among others, retired Army Colonel Douglas MacGregor, who was one of the

original champions of a brigade-centered force, has argued that the new brigades are not

sufficiently well-equipped to have the necessary flexibility and that the Army is still preserving

too many layers of command. 27

Congressional Action

In the conference agreement on the FY2005 supplemental appropriations bill, H.R. 1268,

Congress provided the full $5 billion requested for Army modularization.

Civilian Personnel Policy

In the FY2004 National Defense Authorization Act (P.L. 108-136), Congress agreed to an

Administration request to give the Secretary of Defense very broad authority to reorganize

DOD’s civilian personnel system. DOD is now implementing changes. Some of the steps the

department has taken to date have led to disagreements with some employees and some unions.

Last year, Congress considered, but ultimately did not act on amendments to the personnel

legislation to ensure certain traditional civil service procedures. Similar measures may be

proposed this year. In addition, Congress has frequently taken steps to regulate procedures for

privatizing civilian defense jobs.

Congressional Action

Neither the House nor the Senate has yet considered any measures that would regulate

implementation of new personnel procedures.

27

Col. MacGregor has proposed brigades of 5,000 to 6,000 troops, which would be 30%-60% larger than 3,800 troop

brigades the Army plans. See Elaine M. Grossman, “General Unscrambles New Jargon for Reformulated Army

Divisions,” Inside the Pentagon, February 12, 2004.

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Easing Environmental Regulations Affecting Military Facilities

For the past four years, the Defense Department has proposed a number of legislative measures,

under the rubric of the Readiness and Range Preservation Initiative, to ease the application of

several environmental statutes to military training. In the FY2003 defense authorization (P.L.

107-314), Congress agreed to amend the Migratory Bird Treaty Act as it applies to accidental

injuries to birds caused by military aircraft. In the FY2004 defense authorization (P.L. 108-136),

Congress agreed to changes in the Marine Mammal Protection Act and in the Endangered Species

Act. Last year, the Administration proposed somewhat revised versions of proposals it made in

prior years to amend the Clean Air Act, the Comprehensive Environmental Response,

Compensation, and Liability Act (CERCLA) and the Resource Conservation and Recovery Act

(RCRA). Congress did not act on those proposals, however.

This year, the Defense Department has again proposed a package of legislative changes in

environmental statutes affecting military training facilities. One DOD proposal would exempt

missions generated by military readiness activities from requirements to “conform” to State

Implementation Plans (SIP) for achieving federal air quality standards under the Clean Air Act. A

second proposal would provide that military munitions on operational ranges may not be defined

as “solid waste” under RCRA and CERCLA. In effect, this would allow munitions and

munitions-related contamination to remain on a training range indefinitely, as long as the range

remained operational. 28

Congressional Action

Neither the House nor the Senate has addressed the new Administration proposals in action on the

defense authorization.

New Nuclear Weapons

Last year, in after vigorous floor debates, both the House and the Senate rejected amendments to

the defense authorization bill to eliminate funds for studies of new nuclear weapons, including

funds for the Robust Nuclear Earth Penetrator (RNEP) and the Advanced Concepts Initiative

(ACI) to study low yield weapons. The conference agreement on the FY2005 Energy and

Commerce appropriations bill (Division C of the FY2005 Consolidated Appropriations Act, P.L.

108-447), however, eliminated requested funds both for RNEP and for ACI.

In the FY2006 budget, the Administration again requested funds for studies of the RNEP, though

the request was substantially lower than in the past, and the Department of Energy (DOE)

removed from its long-term funding plan a budget wedge for RNEP development that totaled

almost $500 million between FY2005 and FY2009. The FY2006 request includes $4 million for

RNEP in the FY2006 Department of Energy (DOE) budget and $4.5 million in the Air Force.

Budget projections also include $14 million for RNEP in DOE in FY2007, and $3.5 million in the

Air Force. Projections after FY2007 show no additional funding, though it could be restored at

any time. 29

28

See CRS Report RS22149, Exemptions from Environmental Law for the Department of Defense (DOD), by (name red

acted).

29

See CRS Report RL32347, “Bunker Busters”: Robust Nuclear Earth Penetrator Issues, FY2005-FY2007, by

(continued...)

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The FY2006 budget includes no funds for ACI, but another potential issue has emerged. The

conference agreement on the FY2005 energy and water appropriations bill did not provide funds

for ACI, but instead made the $9 million requested available for the Reliable Replacement

Warhead (RRW) program that was intended, as the conference report explains, to “improve the

reliability, longevity, and certifiability of existing weapons and their components.” But in

testimony before the Senate Armed Services Committee Subcommittee on Strategic Forces,

Linton Brookes, the Director of DOE nuclear weapons programs, implied that the RRW program

might be used to develop a entirely new, more reliable warhead. 30 This prospect raised alarm

among arms control groups and may become a matter fo debate in Congress.

Congressional Action

In preliminary markup of the FY2006 defense authorization bill (H.R. 1815), the House Armed

Services Committee strategic forces subcommittee eliminated RNEP funds from the Department

of Energy (DOE) budget and added the money to the Air Force. A press release by subcommittee

Democrats said that the purpose is to direct funding to non-nuclear, “conventional,” “bunker

buster” weapons. A press release by the full committee following the full committee markup,

however, says that the bill includes $4 million for a DOD (not DOE) study “to include

conventional as well as nuclear penetrator options.”

The strategic forces subcommittee also established a policy for the RRW program, which

Representative John Spratt said requires that the goal of the program be to reduce the likelihood

of a return to nuclear testing and to shrink the nuclear arsenal. He did not, however, rule out

development of a new warhead.

The Senate Armed Services Committee took the opposite approach. In its version of the FY2006

authorization bill, it provided the $4.0 million requested for RNEP in DOE, but eliminated Air

Force funding. In its markup of the FY2006 energy and water appropriations bill (H.R. 2419), the

House energy and water appropriations subcommittee also eliminated funds for RNEP from the

Department of Energy budget. The subcommittee also increased funding for the RRW program

from $9 million to $27 million and included in its report a long discussion of policy goals for the

RRW program.

In action on the energy and water appropriations bill (H.R. 2419), the House appropriations

committee eliminated funds for the RNEP and included detailed report language establishing

goals for the RRW program. The House passed the bill without amending these provisions. The

Senate appropriations committee, however, included requested RNEP funds. And on the floor, on

July 1, 2005, the Senate rejected by 43-53 an amendment by Senator Feinstein to eliminate funds

for the RNEP.

The conference agreement on the energy and water bill eliminates RNEP funding. On October 25,

Senator Domenici released a statement saying that the Administration supported the elimination

of funds and wanted to focus on non-nuclear weapons for destroying deeply buried targets.

(...continued)

Jonathan Medalia.

30

See Statement of Ambassador Linton F. Brooks, Administrator, National Nuclear Security Administration, U.S.

Department of Energy, Before The Senate Armed Services Committee Subcommittee on Strategic Forces, April 4,

2005, at http://armed-services.senate.gov/statemnt/2005/April/Brooks%2004-04-05.pdf.

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Defense: FY2006 Authorization and Appropriations

Subsequently, Administration officials have emphasized that the current policy is to test

projectiles that could penetrate hardened concrete. Some opponents of the RNEP have

complained that this leaves room for the nuclear program to be resurrected in the future.

Women in Combat and Other “Social Issues”

Matters that are broadly defined as “social issues” often arise within the military and, accordingly,

in congressional consideration of annual defense bills. In the past, Congress has addressed

matters as diverse as gays in the military, women in combat, housing of male and female recruits

during basic training, and sale of potentially offensive magazines on military bases. Congress

perennially debates proposals to repeal a prohibition on privately funded abortions in military

hospitals overseas for personnel or dependents who otherwise might not have access to abortions

at all. Recently, in view of reports that cases of sexual abuse within the military are not

uncommon, there has been an extensive discussion in Congress of the adequacy of the Defense

Departments policy on sexual abuse and its handling of abuse cases.

A key social issue in Congress this year has been whether women should continue to serve in

units that directly support combat operations and that are deployed along with combat units in

military operations. Currently women are not permitted to serve in combat roles in the Army, but

are often assigned to support units that are physically collocated with combat units. As a result,

women have sometimes been involved in fighting and have suffered some casualties. In Iraq, 35

women have died, which is about 2.2% of the total number of U.S. military personnel killed.

Congressional Action

In House Armed Services Committee subcommittee markup of the FY2006 defense authorization

bill, the personnel subcommittee approved by a 9-7 vote a measure that would bar women from

some combat support units. In the full committee markup, the subcommittee chair, Representative

John McHugh, offered an amendment that instead would codify into statute the existing DOD

policy that prohibits assignment of women to ground combat units and that would prohibit any

changes in assignments. Opponents of the measure, however, argued that it went beyond that and

could restrict assignment of women to some units in which they now serve.

In floor action on the authorization, Armed Services Committee Chairman Duncan Hunter

proposed a measure that would require that the Defense Department notify Congress 60 days in

advance of any changes in policies on the assignment of women to deployable ground units. This

proposal was approved as part of an en bloc amendment. The conference agreement on the

defense authorization bill includes the House provision, but with a requirement for 30 days

advance notification.

In floor action on the defense appropriations bill, a debate over a measure regarding religious

tolerance at the Air Force Academy turned bitter and halted action on the measure for 45 minutes

when Representative Obey objected to statements by Representative Hostettler. As reported by

the committee, the bill included a provision stating the sense of Congress that “coercive and

abusive religious proselytizing” at the Air Force Academy “as has been reported is inconsistent

with the professionalism and standards required of those who serve at the Academy.” The

measure required the Air Force to develop and report on a plan “to maintain a climate free from

coercive religious intimidation and inappropriate proselytizing.”

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Representative Hunter objected to the provision and proposed a substitute that voices support for

religious tolerance and required the Secretary of the Air Force to develop and report on

recommendations “to maintain a positive climate of religious freedom and tolerance at the United

States Air Force Academy.” Representative Obey offered a substitute to the Hunter proposal that

restored much of the original language. In response to statements by Representative Hostettler,

Representative Obey moved that the gentleman’s words be taken down, which, if upheld by the

chair, would have allowed no further statements for the day by the speaker. Representative

Hostettler subsequently withdrew his remarks and the debate resumed. In the end, the House

rejected the Obey amendment by a vote of 198-210, and the Hunter amendment prevailed. The

conference agreement on the appropriations bill deleted the House-passed language.

Another issue arose shortly before the Senate began action on the defense authorization, when a

Federal court ruled that the Defense Department could not provide support for a periodic Boy

Scout jamboree because the organization excludes some children on religious grounds. On July

26, by a vote of 98-0, the Senate approved an amendment to the authorization bill by Senator

Frist saying that no Federal law may be construed to limit federal agency support to youth

organizations. The authorization conference agreement includes an amended provision requiring

that no Federal law may restrict military support for several identified youth organizations,

including the Girl Scouts and Boy Scouts and for other youth organizations that the President

may designate in the future.

Base Closures

In the FY2003 defense authorization bill, Congress approved a new round of military base

closures to be carried out in calendar year 2005, and both last year and the year before, Congress,

in some cases quite narrowly, rejected proposals to repeal or limit the base closure law. The

congressionally approved closure process was underway throughout the current legislative

session. Even so, there was some discussion in Congress about last-minute measures to delay or

derail the process.

Congressional Action

In its markup of the FY2006 defense authorization, the House Armed Services committee rejected

an amendment proposed by Representative Bradley to delay the base closure round. Later, on the

floor, the full House rejected the same proposal by a vote of 112-316. Meanwhile, in the Senate,

Senator Thune with several cosponsors proposed a freestanding bill (S. 1075) to postpone

closures until, among other things, all major combat forces have returned from Iraq.

Subsequently, Senator Thune proposed a similar measure as an amendment to the defense

authorization bill. That amendment is still technically pending. The base closure commission sent

its final report—with recommendations to close 22 major military facilities and realign 33

others—to the White House on September 8. President Bush approved the report and sent it to

Congress on September 15. Congress then had 45 days to pass a joint resolution to disapprove the

list, or it becomes law. On October 27, 2005, by a vote of 85-324, the House rejected a resolution

(H.J.Res. 65) disapproving of the base closure recommendations.

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