by Christopher Hellman and Travis Sharp
The House Armed Services Committee (HASC) completed its markup of the Fiscal Year (FY) 2009 Defense Authorization bill (HR 5658) on May 15, 2008. HASC’s marked up bill recommends an overall FY2009 authorization level of $601.4 billion, the amount requested by the administration. This $601.4 billion total includes $70 billion for ongoing military operations in Iraq and Afghanistan and $531.4 billion for National Defense (function 050). Of the $531.4 billion slated for National Defense, $515.2 billion is for the Department of Defense (DOD) and $16.2 billion is for the Department of Energy’s nuclear weapons activities.
The FY2009 Defense Authorization bill is expected to come up for floor consideration in the House the week of May 19. The Senate Armed Services Committee completed its markup of its version of the FY2009 Defense Authorization bill on May 1. The full Senate is expected to consider its version of the bill sometime in June.
In order to maintain accounting transparency, this analysis divides base budget and war-related authorizations. For war-related spending and authorization, see “Title XV – Ongoing Operations in Iraq and Afghanistan” below.
Military Pay Raise – The bill includes a 3.9 percent pay raise, 0.5 percent above the administration’s request.
National Guard & Reserve Equipment – The bill includes $9.7 billion for equipment procurement for the National Guard and Reserve, $800 million above the request.
Prompt Global Strike – Fully funds the $118 million request for the “Prompt Global Strike” program, plus provides an additional $7 million under the program for the Army’s Advanced Hypersonic Weapon.
Missile Defenses in Europe – The bill includes $341.2 million for Research & Development and Military Construction for long-range missile defense sites in Europe, $371 million below the request. The bill also restricts funding from being obligated until the governments of the Czech Republic and Poland have agreed to basing and status of forces agreements, and DOD certifies that the system has demonstrated a “high probability of working” through “operationally realistic flight testing.”
Reliable Replacement Warhead (RRW) – The bill does not authorize any of the Navy’s $23.3 million request for RRW, but does redirect $13.3 million of the request for Arming, Fuzing, and Firing (AF&F) systems that could be used either for RRW or for an existing weapon refurbished through the Life Extension Program. The bill does not authorize any of the NNSA’s $10 million request for RRW within Directed Stockpile Work, but it does add $10 million within Advanced Certification to address questions raised by the JASON review of RRW.
End Strengths – The bill includes the Defense Department’s requested active duty personnel increases of 7,000 for the Army (to 532,400) and 5,000 for the Marine Corps (to 194,000). The bill also approves the Defense Department’s requested reductions for the Navy and the Air Force, although by smaller amounts than requested. The Navy would drop by 2,775 (rather than by 3,798) to 326,323, while the Air Force would decrease by 12,513 (rather than by 12,963) to 317,050.
Nonproliferation Programs and Cooperative Threat Reduction – The bill includes $1.5 billion in funding for Department of Energy nonproliferation programs, $208 million above the request. The bill also includes $445.1 million in funding for DOD’s CTR “Nunn-Lugar” program, $31 million above the request.
Global Threat Reduction Initiative – The bill includes $389.6 million in Department of Energy funding, $170 million above the request, for GTRI, a program that strengthens nuclear and radioactive material security worldwide.
Total Funding (Function 050)
Request: $531.4 billion
Committee: $531.4 billion
Request: $102.7 billion
Committee: $102.7 billion ($17.6 million above request)
Research, Development, Testing & Evaluation
Request: $79.6 billion
Committee: $79.7 billion ($109.5 million above request)
Operations & Maintenance
Request: $154.8 billion
Committee: $154.5 billion ($368.9 million below request)
Request: $125.2 billion
Committee: $124.7 billion ($587.2 million below request)
Request: $11.7 billion
Committee: $11.8 billion ($93.9 million above request)
Request: $3.2 billion
Committee: $3.2 billion ($37.0 million below request)
Base Realignment and Closure (BRAC) 2005 Implementation
Request: $9.5 billion
Committee: $9.5 billion
Request: $28.6 billion
Committee: $29.2 billion
NOTE: This amount includes $24.7 billion for the Defense Health program, $1.13 billion above the request
Department of Energy Defense Activities (Function 053)
Request: $16.0 billion
Committee: $16.2 billion ($232.7 million above the request)
MAJOR WEAPONS SYSTEMS
[Note: Title XV of the bill, which provides “bridge” funding for ongoing military operations in Iraq and Afghanistan, contains additional funding for a number of these programs. See below.]
BALLISTIC MISSILE DEFENSE
Request: $10.2 billion
Committee: $9.5 billion ($719 million below request)
F/A-22 “Raptor” Fighter
Request: $3.05 billion for 20 aircraft
Committee: $3.05 billion for 20 aircraft
Joint Strike Fighter
Request: $3.3 billion for of eight Navy and eight Air Force aircraft
Committee: $3.3 billion for of eight Navy and eight Air Force aircraft and $526 million for the alternative engine program (not requested).
F/A-18E/F “Super Hornet” Fighter
Request: $1.87 billion for 23 aircraft
Committee: $1.83 billion for 23 aircraft
EA-18G Radar Jamming Aircraft
Request: $1.6 billion for 22 aircraft
Committee: $1.56 billion for 22 aircraft
V-22 “Osprey” Tilt-rotor
Request: $2.5 billion for 30 Navy and 6 Air Force aircraft
Committee: $2.5 billion for 30 Navy and 6 Air Force aircraft
C-130J Transport Aircraft
Request: $119.5 million for two Marine Corps KC-130J aircraft, and $507.7 million for six C-130J Air Force aircraft
Committee: $119.5 million for two Marine Corps KC-130J aircraft, and $507.7 million for six C-130J Air Force aircraft
C-17 Globemaster Transport Aircraft
Request: $367.6 million
Committee: $318.8 million (much more funding is provided for C-17s, see “Title XV” below)
DDG-1000 “Zumwalt” Destroyer [DD(x)]
Request: $2.5 billion for one vessel
Committee: $400 million for advanced procurement only (can also be spent to restart DDG-51 production, see “Policy Provisions” below)
Carrier Replacement Program (CVN-21)
Request: $2.7 billion, plus $1.2 billion for advanced procurement
Committee: $2.7 billion, plus $1.2 billion for advanced procurement
LPD-17 “San Antonio” Amphibious Assault Ship
Request: $103 million
Committee: $1.8 billion for one vessel
SSN-774 “Virginia” Class Submarine
Request: $2.1 billion for one vessel
Committee: $2.1 billion for one vessel, plus $2.0 billion in advanced procurement “necessary for procurement of two ships in fiscal year 2010,” $722 million above the request
Littoral Combat Ship (LCS)
Request: $920.0 million for two ships
Committee: $840.0 million for one ship
Stryker Interim Armored Vehicle (IAV)
Request: $1.2 billion for 119 vehicles
Committee: $1.0 billion for 119 vehicles ($156 million below request)
Future Combat System
Request: $3.6 billion
Committee: $3.4 billion ($200 million below request)
Armed Reconnaissance Helicopter
Request: $358.8 million for 28 aircraft
Committee $229.0 million for 15 aircraft
UH-60 Blackhawk Helicopter
Request: $925.9 million for 63 aircraft
Committee $985.3 million for 66 aircraft
HMMWV High Mobility Vehicle
Request: $946.7 million
Committee: $946.7 million
Department of Energy Nonproliferation Programs
Request: $1.247 billion
Committee: $1.455 billion ($208 million above request)
DOD Cooperative Threat Reduction Program (“Nunn-Lugar”)
Request: $414.1 million
Committee: $445.1 million
DEPARTMENT OF ENERGY NUCLEAR WEAPONS-RELATED ACTIVITIES
National Nuclear Security Administration
Request: $9.1 billion
Committee: $9.3 billion ($205 million above request)
Environmental and Other Defense Activities
Request: $6.9 billion
Committee: $6.9 billion ($28 million above request)
KEY POLICY PROVISIONS
Continue DDG-1000s or Restart DDG-51s – The committee provides $400 million to either move forward with DDG-1000 procurement or restart DDG-51 procurement. Noting both significant DDG-1000 cost overruns and the Navy’s inability to execute the FY2009 request for the third ship of the planned seven ship class, the committee “considers it prudent to pause the [DDG-1000] program until technological challenges are completely understood.” The committee adds that it would support restarting the DDG-51 class with improved radar systems if “the industrial base for surface combatant construction is not affected.”
Limitation on Retiring C-5 Aircraft – The committee includes language stating that the Air Force may only retire C-5A aircraft from the inventory and replace them with C-17 aircraft “if the cost analysis demonstrates such action is prudent in meeting strategic airlift requirements and does not significantly increase overall costs above those already planned.” The Secretary of the Air Force must submit a report to Congress addressing both cost and national security concerns before retiring any C-5A aircraft.
Missile Defense Force Structure – The committee records that it “does not believe that the Missile Defense Agency has the appropriate expertise to set missile defense force structure requirements,” adding that there is a “general lack of transparency and methodology.” The committee directs the Secretary of Defense to develop a comprehensive plan for setting missile defense force structure and inventory requirements. The plan must include a clearer delineation of responsibilities within MDA as well as separate program element budget request numbers for each specific element within the Terminal Defense Segment and Ballistic Missile Defense Sensors.
Study of Boost Phase Missile Defense – Requires the Secretary of Defense to commission an independent assessment of the costs and benefits of boost phase missile defense. The study would be responsible for examining the Airborne Laser and the Kinetic Energy Interceptor programs, amongst others.
Review of Illegal Subsidies on KC-45 Aircraft – Requires the Secretary of the Air Force to review the impact of the illegal subsidy on the source selection for the KC–45 aerial refueling aircraft program, and requires the Secretary of the Air Force to determine whether the illegal subsidy had an impact on the source selection process “sufficient to bring its fairness into question.” If such a determination is made, the Secretary is directed “to take such measures as are necessary and appropriate to ensure that the effect of the illegal subsidy is removed and the source selection process is fair to all offerors.”
Contracting Reforms – The bill calls for a three-year ban on outsourcing Defense Department civilian jobs, new boundaries on what work can be outsourced, and new curbs aimed at preventing conflicts of interest when contractors assist agencies with their procurements. The bill also calls for a new definition of “inherently governmental work,” holds contractors to the same ethical standards as federal employees, and enacts reforms recommended by the Gansler Commission, which called for an overhaul of the Army’s contracting in war zones.
Report on Nuclear Weapons Inventory Control – Noting concerns over the inadvertent transfer of nuclear weapons from Minot AFB to Barksdale AFB in August 2007, and the discovery in March 2008 that nose cones for Minuteman III missiles were mistakenly shipped to Taiwan in 2006, the committee directs the Secretary of Defense and the Secretary of Energy to jointly prepare a report on the steps the Department of Defense and the Department of Energy plan to take to address nuclear weapons inventory deficiencies.
Separate Iraq and Afghanistan Funding in Budget Request – Noting a lack of transparency that complicates Congressional oversight, the bill requires the Secretary of Defense to clearly separate funding for Iraq from funding for Afghanistan in any subsequent supplemental or “base” budget request. The committee also states that the Department of Defense should include a separate detailed description of the assumptions underlying the funding request, such as anticipated troop levels, operating tempo, and reset requirements.
No Permanent U.S. Bases in Iraq or Control of Iraqi Oil – Prohibits any funds in this or any other act from being used to establish permanent U.S. military bases in Iraq or to exercise control of Iraqi oil resources.
Report on U.S.-Iraq Status of Forces Agreement – Requires the President to report to Congress within 90 days about any and all agreements between the United States and Iraq on the legal status of U.S. military personnel, Department of Defense civilian personnel, and Department of Defense contractor personnel; the establishment of or access to military bases; the rules of engagement under which the U.S. armed forces would operate in Iraq; or any security commitment, arrangement, or assurance that obligates the United States to respond to internal or external threats against Iraq.
TITLE XV – ONGOING OPERATIONS IN IRAQ AND AFGHANISTAN
Section 1008 of the National Defense Authorization Act for Fiscal Year 2007 required the Defense Department to include in its annual budget request for future fiscal years detailed information on military operations in Iraq and Afghanistan previously funded through emergency supplemental appropriations. The Defense Department included a $70 billion “bridge fund” for continued operations in Iraq and Afghanistan during the first part of Fiscal Year 2009 as part of its February 2008 budget request. The bill fully funds this request. The Defense Department has indicated that it may require as much as $170 billion to fully fund its FY2009 requirements for Iraq and Afghanistan.
C-17/F-22 Aircraft Procurement – Includes $3.9 billion in procurement funding for 15 C-17 transport aircraft and adds $523 million in advanced procurement for 20 F-22 fighter aircraft not requested by the administration.
Iraq and Afghanistan Security Forces – Funds $1.0 billion of the $2.0 billion requested for the Iraq Security Forces Fund and provides $2.0 billion for the Afghanistan Security Fund. The committee authorized less than the requested amount for Iraqi Security Forces because it “believes that the Government of Iraq should assume greater responsibility for funding activities associated with building and supporting the Iraqi Security Forces.”
Improvised Explosive Devises (IEDs) – Provides $2.496 billion for the Joint IED Defeat Fund (JIEDDF), including $496 million transferred from Title I.
Barracks and Base Infrastructure – Provides $650 million for the “Sustainment, Restoration and Modernization” account to renovate dilapidated barracks and base facilities.
Total Funding: $70 billion
Procurement: $12.2 billion
Research, Development, Testing & Evaluation: $388 million
Operations & Maintenance: $52.0 billion
Personnel: $1.2 billion
Other: $4.3 billion
MAJOR WEAPONS SYSTEMS
Mine Resistant Ambush Protected vehicles (MRAP) – Includes $2.61 billion for the MRAP program.
F-22 “Raptor” Fighter Aircraft – Includes $523 million for advanced procurement of 20 F-22s in FY2010, and instructs the Defense Department to fully fund the additional aircraft. The administration’s FY2009 budget request included no advanced procurement funding for the F-22 in FY2010.
C-17 Transport Aircraft – Includes $3.9 billion for the purchase of 15 C-17 transport aircraft in F2009. The administration’s FY2009 budget included no request for additional C-17s.
Center for Arms Control and Non-Proliferation, The FY 2009 Pentagon (DOD) Defense Budget Spending Request(released February 4, 2008).
House Armed Services Committee, Press Release on FY 2009 Defense Authorization (released May 15, 2008).
House Armed Services Committee, Committee Report 110-652 (submitted May 16, 2008).