Background: S. 1197 was introduced by Senator Levin on June 20, 2013. The Senate Armed Services Committee passed the bill by a vote of 23-3 (Vitter, Lee, Cruz opposed).
Floor Situation: Majority Leader Reid has filed cloture on the motion to proceed to the bill.
Executive Summary: The Administration’s fiscal year 2014 defense budget request was for $625.2 billion, composed of $526.6 billion for the Department of Defense base budget, $80.7 billion for ongoing operations in the war against terrorists (or what the Administration labels “Overseas Contingency Operations” (OCO)), and $17.9 billion for Department of Energy national security programs. The Congressional Budget Office scored the final request as seeking $641 billion in budget authority, which included matters outside the jurisdiction of the Senate Armed Services Committee.
The bill provides $625.1 billion in budget authority, of which $526.6 billion is for the base budget, $80.7 billion is for OCO, and $17.8 billion is for DOE national security programs. CBO scores the bill as providing $626 billion in budget authority for the year.
CBO points out that for fiscal year 2014 the Budget Control Act revised cap on defense spending—Budget Function 050—is slightly more than $498 billion. OCO is not restricted by the revised cap. The Budget Control Act (BCA) does provide automatic enforcement mechanisms, i.e. sequestration, to enforce the applicable spending caps for any appropriations exceeding those caps.
The bill authorizes the following amounts:
- $98.2 billion in procurement funding, which is $76 million less than the President’s budget request;
- $67.5 billion in funding for research, development, test, and evaluation, which is $21 million more than the requested level;
- $176.6 billion for operation and maintenance, which is $1.5 billion more than the request;
- $136.8 billion for military personnel, which is $270 million less than the requested level;
- $80.7 billion for OCO, which is $17 million less than requested;
- $17.8 billion for atomic energy defense activities, which is $16 million less than the request; and
- $9.7 billion for military construction, which is $1.3 billion less than the request.
Also of note:
- Section 1031 weakens the restrictions on the transfer of Guantanamo detainees out of U.S. custody, authorizing transfer when the Secretary determines actions will be taken to substantially mitigate the risk of the detainee reengaging in terrorist or other hostile activity. In previous years, the Secretary had to make a variety of certifications prior to transfer, and now those matters are only to serve as factors in the Secretary’s determination.
- The bill does not contain a prohibition against transferring a Guantanamo detainee to the United States. Rather, section 1033 authorizes the transfer of a Guantanamo detainee into the United States for purposes of trial and detention, although the terms “trial” and “detention” are not defined.
- There are numerous provisions addressing the issue of sexual assault in the military.
- Noting in report language that the Department faces an across-the-board reduction of $52 billion in the absence of legislation altering the BCA sequestration, the committee requested a report on the most workable approach for meeting the $52 billion savings requirement established by the BCA.
The House approved its fiscal year 2014 Defense Authorization bill, H.R. 1960, on June 14, 2013, by a vote of 315-108. According to the House Armed Services Committee, that bill provided an overall level of $630.2 billion in budget authority, of which $544.4 billion was for the base budget and $85.8 billion was for OCO. CBO scored H.R. 1960 as providing $632 billion in budget authority for fiscal year 2014, composed in part of $86 billion for OCO.
Division A – Department of Defense Authorizations
Title I – Procurement
For procurement, the committee approved $98.2 billion, which is $76 million less than the President’s budget request. Section 101 makes the following authorizations for fiscal year 2014 in accordance with the table outlined in Section 4101:
- for Army procurement:
- $5 billion for aircraft,
- $1.3 billion for missiles,
- $1.4 billion for weapons and tracked combat vehicles,
- $1.5 billion for ammunition, and
- $6.5 billion for other procurement.
- for Navy procurement:
- $18 billion for aircraft,
- $3.1 billion for weapons,
- $14.2 billion for shipbuilding and conversion, and
- $6.2 billion for other procurement.
- $1.3 billion for Marine Corps procurement.
- for Air Force procurement:
- $11.4 billion for aircraft,
- $5.3 billion for missiles, and
- $16.8 billion for other procurement.
- $4.5 billion for Defense-wide procurement.
- In report language, the committee noted that President Obama has yet to provide to Congress a strategy for how he plans to comply with the New START central limits on nuclear forces.
Title II – Research, Development, Test and Evaluation (RDT&E)
- For RDT&E, the committee approved $67.5 billion, which is $21 million more than the President’s budget request. Section 201 makes the following authorizations for fiscal year 2014 in accordance with the table outlined in Section 4201:
- $8 billion for the Army,
- $15.9 billion for the Navy,
- $25.7 billion for the Air Force,
- $17.8 billion for Defense-wide, and
- $186.3 million for Operational Test and Evaluation.
Missile Defense Programs
- The bill authorizes $9.3 billion for missile defense programs, which is $150 million more than the President’s request.
- Section 231 makes certain findings concerning homeland ballistic missile defense and requires a report examining the advantages and disadvantages for future options enhancing missile defense, to include examining the deployment of additional interceptor sites in the United States.
- Section 233 makes findings and expresses a sense of Congress that missile defense cooperation with Russia is in the U.S. interest, should not in any way limit U.S. or NATO missile defense capabilities, and should be pursued in a manner that protects classified information.
- Section 236 prohibits the use of funds for the Medium Extended Air Defense System (MEADS).
- The committee recommended a $150 million increase to the $95.8 million budget request for United States-Israeli missile defense cooperation programs, directing that $100 million of the additional amount be directed to David’s Sling short-range ballistic missile defense system, $30 million to the Arrow System Improvement program, and $20 million for the Arrow-3 upper-tier interceptor.
Title III – Operation & Maintenance (O&M)
- For O&M, the committee approved $176.6 billion, which is $1.5 billion more than the President’s budget request. Section 301 makes the following authorizations for fiscal year 2014 in accordance with the table outlined in Section 4301:
- $35.7 billion for the Army,
- $40.4 billion for the Navy,
- $37.8 billion for the Air Force,
- $6.3 billion for the Marine Corps,
- $32.8 billion for Defense-wide,
- $3.1 billion for the Army Reserve,
- $1.2 billion for the Navy Reserve,
- $3.2 billion for the Air Force Reserve,
- $263 million for the Marine Corps Reserve,
- $7.1 billion for the Army National Guard, and
- $6.6 billion for the Air National Guard.
- Section 322 directs the Department to establish a policy for the retrograde, reconstitution, and replacement of units and materiel used to support OCO, and then develop a plan to implement that policy.
- Section 352 authorizes the transfer of up to $4.5 million from Defense-wide O&M to the Postal Service Fund to modernize the USPS mail delivery system to improve the delivery of absentee ballots to military personnel serving outside the United States.
- In report language, the committee expressed its belief that “sequestration cuts to the DOD are arbitrary and irrational.” It further directed a report defining what is meant by the term “hollow force” and an assessment of whether the operating forces are hollow.
- In report language, the committee strongly urged the Department to resume the practice of the service chiefs providing a list of service-specific unfunded requirements in conjunction with the President’s budget request—a practice halted in the Obama Administration.
Title IV – Military Personnel
- For military personnel, the committee approved $136.8 billion, which is $270 million less than the President’s budget request. Section 421 directs authorizations for fiscal year 2014 be done in accordance with the table outlined in Section 4401.
- Section 401 authorizes the following end strengths for active duty personnel, all of which are at the President’s budget request:
- Army: 520,000, which is 32,100 less than the level authorized last fiscal year;
- Navy: 323,600, which is 900 more than the level authorized last fiscal year;
- Air Force: 327,600, which is 1,860 less than the level authorized last fiscal year; and
- Marines: 190,200, which is 7,100 less than the level authorized last fiscal year.
- Section 411 authorizes the following end strengths for reserve personnel, all of which are at the President’s budget request:
- Army National Guard: 354,200, which is 4,000 less than the level authorized last fiscal year;
- Army Reserve: 205,000, which is equal to the level authorized last fiscal year;
- Navy Reserve: 59,100, which is 3,400 less than the level authorized last fiscal year;
- Air Force Reserve: 70,400, which is 480 less than the level authorized last fiscal year;
- Marines Corps Reserve: 39,600, which is equal to the level authorized last fiscal year;
- Coast Guard Reserve: 9,000, which is equal to the level authorized last fiscal year; and
- Air National Guard: 105,400, which is 300 less than the level authorized last fiscal year.
Title V – Military Personnel Policy
- Section 533 of the fiscal year 2013 Defense Authorization Act required the armed forces to accommodate the beliefs of a service member reflecting the conscience, moral principles, or religious beliefs of the member. It further provided that such beliefs may not be used as the basis of any adverse personnel action. Section 512 of this bill qualifies this first requirement by providing the armed forces are to accommodate individual expression of belief “unless it could have an adverse impact on military readiness, unit cohesion, and good order and discipline.” Section 512 clarifies that it is the “expression of belief” that may not be used as the basis of any adverse personnel action.
- Section 513 of the bill requires the Department’s Inspector General to submit a report assessing the Department’s compliance with these conscience provisions.
- Section 563 directs the Secretary to promulgate regulations prohibiting retaliation against an alleged victim of a crime who reports a criminal offense, where retaliation is defined as, among other things, taking or threatening to take adverse personnel action or failing to take or threatening not to take a favorable personnel action.
- In report language the committee expressed concern “about the high rate of unemployment that persists for our youngest veterans.”
- Section 531 provides that people convicted of certain sexual assault offenses may not join the armed forces. Section 554 requires the mandatory discharge from the armed forces of any member convicted of certain sexual assault offenses.
- Section 536 directs a comprehensive review of the adequacy of training pertaining to sexual assault prevention and response.
- Section 540 expresses the sense of Congress that commanding officers are responsible for establishing a command climate in which sexual assault allegations are properly managed and fairly evaluated and a victim can report criminal activity, including sexual assault, without fear of retaliation, including ostracism and group pressure from other members of the command. It goes on to say that the failure to maintain such a climate is an appropriate basis for relief from command, and that senior officers should evaluate subordinate commanding officers on their performance in establishing such a command climate.
- Section 541 requires a commanding officer who receives a report of a sexual-related offense involving a member of the armed forces in the chain of command of such officer to refer the matter to the appropriate investigation service.
- Section 545 directs the Panel on Response Systems to Sexual Assault—created by last year’s Defense Authorization Act —to review and assess the effectiveness of the provisions in this bill concerning sexual assault prevention and response, as well as the potential effectiveness of other proposals made during the consideration of this bill in committee.
- Section 551 eliminates the five-year statute of limitations on trial by court martial for certain sexual assault offenses.
- Section 552 requires the review by certain authorities of decisions not to refer cases of certain alleged sexual assault cases for trial by court martial.
- Under the Uniform Code of Military Justice, convictions in a court martial are subject to post-trial review by the convening authority, in which the convening authority may alter the findings of a court martial. Section 555 of this bill limits the authority of the Convening Authority to do that in certain sexual assault cases. It further requires in cases in which the convening authority modifies the finding or the sentence of a court-martial to prepare a written explanation for such a modification.
Title VI – Compensation and Other Personnel Benefits
- Section 601 authorizes an across-the-board military pay raise of one percent. This title also authorizes various other bonuses and special pay authorities aimed at encouraging enlistment, reenlistment, and continued service by active duty and reserve military personnel.
Title VII – Health Care
- Section 711 requires the Secretary of Defense, in coordination with the service secretaries, to carry out a pilot program to assess the feasibility and advisability of using commercially available enhanced recovery practices for medical payment collection at military treatment facilities.
- Section 712 expresses the sense of the Senate that full electronic interoperability between the health records systems of the Departments of Defense and Veterans Affairs has not been achieved despite clear congressional direction, years of effort, and the expenditure of significant resources.
Title VIII – Acquisition Policy and Management
- Section 841 lowers the cap on contractor pay allowable for DOD reimbursement to $487,000, and revises how that cap is adjusted going forward. The current limit is $763,029, and the committee said it is expected to increase to more than $950,000 this year without these changes.
Title IX – Department Organization and Management
- Section 905 directs the Secretary to develop a plan to streamline Department management with the objective of reducing Department spending for such management by at least $100 billion over the next 10 years.
- Section 931 requires a variety of reforms in the area of personnel security clearances.
- Section 944 requires a report on the ability of the military forces to operate in non-permissive and hostile cyber environments, to include an assessment of cyber threats to and vulnerabilities of major weapon and communications systems.
- Section 946 requires the President to establish an interagency process to create an integrated policy to control the proliferation of cyber weapons through unilateral and cooperative export controls, law enforcement activities, financial means, diplomatic engagement, and such other appropriate means.
- Section 947 requires the President to establish an interagency process to create an integrated policy to deter adversaries in cyberspace.
- In report language, the committee directed the Director of National Intelligence to assess the ability and timeframe for North Korea to produce a fully functional long-range ballistic missile armed with a working nuclear warhead.
Title X – General Provisions
- Section 1001 structures the general transfer authority provided to the Department, limiting that authority to $4 billion, requiring that transfers may only be made to items with a higher priority than the items from which money is transferred, and specifying that transfer authority cannot be used to support an item denied authorization by Congress. This section then provides that transfers between military personnel authorizations do not count toward the $4 billion limit.
- Section 1022 directs the Chief of Naval Operations to submit a report on current and anticipated requirements for Navy combat vessels over the next 30 years. In report language, the committee took note of the “risks inherent” in the Navy’s current plan.
- Section 1031 authorizes the transfer of a Guantanamo detainee out of U.S. custody in cases where the Secretary determines pursuant to a Periodic Review Board process that the detainee is no longer a threat to U.S. national security; or if transfer is essentially required by the outcome of other judicial process, such as habeas relief, acquittal of criminal charges, or completion of a criminal sentence.
- It then goes on to weaken the restrictions on the transfer of Guantanamo detainees out of U.S. custody, authorizing transfer where the Secretary determines actions will be taken to substantially mitigate the risk of the detainee reengaging in terrorist or other hostile activity that threatens the United States. In previous years, the Secretary had to make a variety of certifications prior to transfer, and now those matters are only to serve as factors in the Secretary’s determination.
- Section 1033 authorizes the transfer of a Guantanamo detainee into the United States for purposes of trial and detention, although the terms “trial” and “detention” are not defined.
- Section 1044 expresses the sense of Congress that it is U.S. policy to modernize the nuclear triad and nuclear weapons production capabilities to ensure the performance of the U.S. nuclear arsenal at New START levels.
- Section 1053 expresses the sense of the Senate that state courts should not consider military deployment as the sole factor in determining child custody in a proceeding involving a parent who is a member of the armed forces. It goes on to say the best interest of the child standard should always prevail in custody cases, but members of the Armed Forces should not lose custody of their children based solely upon service to our country.
- In report language the committee lamented the effect of sequestration on both the Department and other domestic agencies and “strongly encourage[d] Congress and the Administration to work together to repeal sequestration and replace it with strategic and credible deficit reduction.”
- In report language the committee noted that the President’s fiscal year 2014 budget request, along with the budget resolutions passed individually by the House and Senate, all assumed sequestration would be avoided in fiscal year 2014. It went on to note “there has been virtually no sign of movement toward a bipartisan agreement that would vitiate sequestration” this fiscal year. It further noted that in the absence of such an agreement, the Department would “face an across-the-board reduction of $52 billion early next year.” It then demanded a report on “the most workable approach for meeting the $52 billion savings requirement established by the Budget Control Act.”
Title XII – Matters Relating to Other Nations
- Section 1206 of the fiscal year 2006 Defense Authorization Act authorized the Secretary of Defense (with the concurrence of the Secretary of State) to build the capacity of a foreign nation’s military forces in order for that nation to conduct counterterrorism operations on its own or to participate in or support military and stability operations in which the United States is a participant. Section 1201 of this bill extends the authorization of that program through fiscal year 2018. It further requires a report on the types of activities carried out within the scope of this program.
- Noting in report language the collapse of the Malian military in 2012, a beneficiary of U.S. cooperative counterterrorism efforts in the region, section 1204 directs the Secretary to develop a strategic framework for U.S. counterterrorism assistance and cooperation in the Sahel region of Africa, including for programs conducted under the Trans-Sahara Counter Terrorism Partnership, Operation Enduring Freedom-Trans-Sahara, and related security assistance authorities.
- Section 1206 authorizes the Secretary of Defense to provide assistance to foreign country first responders in order to respond effectively to incidents involving weapons of mass destruction.
- Section 1211 extends for one year the authorization to use up to $60 million in fiscal year 2014 for the Commanders’ Emergency Response Program (CERP). Under CERP, U.S. commanders are authorized and provided funds to respond to local urgent humanitarian relief and reconstruction requirements within their areas of responsibility in Afghanistan. The section further requires a report on the lessons learned from the implementation of CERP in Iraq and Afghanistan.
- Section 1213 extends for one year the authorization to use up to $25 million in fiscal year 2014 to support the reintegration of former insurgents into Afghan society.
- Section 1215 modifies and extends for one year the authorization to reimburse certain coalition nations for support provided to U.S. military operations. It limits the aggregate reimbursement to $1.5 billion for fiscal year 2014. It extends the prohibition against reimbursement of Pakistan until the Secretary certifies Pakistan is maintaining security along the ground lines of supply through Pakistan to Afghanistan for the transshipment of equipment and supplies in support of operations in Afghanistan, and is taking demonstrable steps to support counterterrorism operations, disrupt cross-border attacks, and counter the improvised explosive device threat.
- Section 1233 prohibits the use of funds to enter into a contract with the Russian arms company Rosoboronexport. It further provides that if this prohibition is waived, the Secretary must report to Congress on the number of advanced anti-aircraft missiles Rosoboronexport has delivered to Syria and list all contracts Rosoboronexport is known to have signed with the Assad regime since January 1, 2013.
- In report language, the committee directed the Secretary to develop a strategy for cooperative military efforts with the Somali National Security Forces and submit a report on the matter.
Title XIII – Cooperative Threat Reduction with States of the Former Soviet Union
- Section 1302 authorizes $528.5 million for Cooperative Threat Reduction (CTR) programs, which is the amount of the budget request, including:
- $5.7 million for strategic offensive arms elimination,
- $13 million for chemical weapons destruction,
- $32.8 million for global nuclear security,
- $306.3 million for cooperative biological engagement,
- $136.1 million for proliferation prevention,
- $6.4 million for threat reduction engagement, and
- $28.2 million for activities designated as Other Assessments/Administrative Costs.
- In report language the committee noted that, upon the termination of certain cooperative programs in Russia, the funds proposed to be spent on those programs will be shifted to other priorities, such as the Proliferation Prevention Program in the Middle East.
Title XIV – Other Authorizations
- This title authorizes, among other things, $33.3 billion for the Defense Health Program, which is $218 million more than the budget request, owing in part to the committee’s rejection of the Administration’s projected savings for the program from proposed enrollment fees and increases to other Tricare fees.
Title XV –Authorization for Supplemental Appropriation for OCO
- This title authorizes $80.7 billion in additional appropriations for OCO, which is $17 million less than requested. President Obama said in April 2009 that the fiscal year 2009 supplemental request would be “the last planned war supplemental.”
- Aircraft, Army: $771.8 million,
- Missile, Army: $128.6 million,
- Ammunition, Army: $180.9 million,
- Other, Army: $603.1 million,
- Joint Improvised Explosive Device Defeat Fund (JIEDDO): $849 million,
- Aircraft, Navy: $240.7 million,
- Weapons, Navy: $86.5 million,
- Marine Corps: $129.6 million,
- Aircraft, Air Force: $115.7 million,
- Missile, Air Force: $24.2 million,
- Ammunition, Air Force: $160 million,
- Other, Air Force: $2.6 billion, and
- Defense-wide: $111.3 million.
- $7 million for the Army,
- $34.4 million for the Navy,
- $9 million for the Air Force, and
- $66.2 million for Defense-wide.
- $29.4 billion for the Army,
- $6.1 billion for the Navy,
- $10 billion for the Air Force,
- $2.7 billion for the Marine Corps,
- $6.4 billion for Defense-wide,
- $154.5 million for the Army Reserve,
- $55.7 million for the Navy Reserve,
- $32.8 million for the Air Force Reserve,
- $12.5 million for the Marine Corps Reserve,
- $199.4 million for the Army National Guard,
- $22.2 million for the Air National Guard, and
- $7.7 billion for the Afghanistan Security Forces Fund.
- Section 1505 authorizes $9.9 billion for military personnel accounts in this title.
- Section 1522 provides additional transfer authority beyond that provided elsewhere in this bill of $4 billion for amounts authorized to be appropriated in the OCO title of the bill.
- The budget request of $1 billion for JIEDDO was reduced by $45 million. In report language the committee said it is time for JIEDDO to begin to transfer its capabilities to the military departments for them to absorb into their own operations and doctrine.
Division B – Military Construction Authorizations
The committee approved $9.7 billion for military construction, housing programs, and BRAC-related activities, which is approximately $1.3 billion less than the President’s budget. This division of the bill also authorizes the base closure accounts that fund military construction, environmental cleanup, and other activities required to implement the decisions in base closure rounds.
- Of this amount, Title XXVII authorizes $451.4 million to carry out base closure activities, which is equal to the budget request.
- The bill authorizes appropriations of $1.1 billion for Army military construction in Title XXI, which is equal to the President’s budget request; and $556.9 million for Army family housing, which is $16.6 million less than the President’s budget request.
- The bill authorizes appropriations of $1.6 billion for Navy military construction in Title XXII, which is $86 million less than the President’s budget request; and $463.2 million for Navy family housing, which is at the President’s budget request.
- The bill authorizes appropriations of $964.2 million for Air Force military construction in Title XXIII, which is $192 million less than the President’s budget request; and $464.9 million for Air Force family housing, which is at the President’s budget request.
- The bill authorizes appropriations of $2.9 billion for defense agency military construction, which is $1 billion less than the President’s budget request; as well as $150 million for energy conservation projects, $122.5 million for chemical demilitarization construction, and $55.8 million for defense agency family housing, all of which are equal to the President’s budget request.
- Section 2601 authorizes appropriations of $69.3 million for military construction for Guard and Reserve components, which is equal to the President’s budget request.
- Section 2821 extends the prohibition on the use of funds to implement the realignment of Marines from Okinawa to Guam and other locations until more information, including a master plan of costs and schedule, is provided to Congress.
Division C – Department of Energy National Security and Other Authorizations
Title XXXI – Department of Energy National Security Programs
- This title authorizes appropriations for atomic energy defense activities of the Department of Energy for fiscal year 2014 in accordance with the table outlined in Section 4601 in the amount of $17.8 billion, which is $16 million less than the President’s budget request. Of this amount:
- $11.7 billion is authorized for the NNSA, of which:
- $7.9 billion is for weapons activities, which is equal to the budget request;
- $2.2 billion is for defense nuclear nonproliferation activities, which is $80 million more than the request.
- $1.2 billion is for naval reactors, which is equal to the budget request, and
- $397.8 million is for the Office of the Administrator, which is equal to the budget request.
- $5.2 billion is authorized for defense environmental cleanup activities, which is $80 million less than the budget request.
- $749 million is authorized for other defense activities, which is the amount of the budget request.
- Of the $7.6 billion for weapons activities, according to report language:
- $2.4 billion is for directed stockpile work, which is equal to the budget request.
- Directed stockpile work involves the day-to-day maintenance, research, development, and engineering of weapons in the stockpile.
- $1.7 billion is for campaigns, which is equal to the budget request.
- This work focuses on science and engineering efforts at the three nuclear weapons laboratories, the Nevada test site, and the weapons production plants. It includes the Department of Energy’s work to certify annually that the stockpile remains safe, secure, and reliable without nuclear weapons testing.
- $2.2 billion is for site stewardship and nuclear operations, which is equal to the budget request.
- This account funds facilities and infrastructure in the nuclear weapons complex and includes construction funding for new facilities.
- $219.2 million is for the secure transportation asset, which is responsible for the transportation of nuclear weapons, weapons materials, and components, and of other materials requiring safe and secure transport.
- $256 million is for nuclear counterterrorism incident response.
- The committee recommended $2.2 billion for the Defense Nuclear Nonproliferation program, which is $80 million more than the President’s request, and, of which:
- $388.3 million is for nonproliferation and verification research and development,
- $141.7 million is for nonproliferation and international security,
- $369.6 million is for international nuclear materials protection and cooperation,
- $582.6 million is for fissile materials disposition, and
- $424.5 million for the global threat reduction initiative.
A Statement of Administration Policy was not available at the time of publication
CBO published its cost estimate of the bill on July 25, 2013. It assessed that S. 1197 would authorize appropriations totaling $626 billion for fiscal year 2014, of which $545 billion would be for the base budget.
As of the publication of this notice, there is no unanimous consent agreement limiting the consideration of amendments.