H.R. 4870, Department of Defense Appropriations Act, 2015

H.R. 4870

Department of Defense Appropriations Act, 2015

Committee
Appropriations

Date
June 18, 2014 (113th Congress, 2nd Session)

Staff Contact
David Smentek

Floor Situation

On Wednesday, June 18, 2014, the House will begin consideration of H.R. 4870, the Department of Defense Appropriations Act, 2015, under a rule.  H.R. 4870 was introduced on June 13, 2014 by Rep. Rodney Frelinghuysen (R-NJ), Chairman, House Appropriations Subcommittee on Defense.  The bill was marked up and reported out of the House Appropriations Committee, as amended, on June 10, 2014, by voice vote.[1]

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[1] http://appropriations.house.gov/news/documentsingle.aspx?DocumentID=383971

Bill Summary

H.R. 4870 provides funding for the Department of Defense and Overseas Contingency Operations (OCO) for ongoing war efforts.  This legislation provides a total of $490.9 billion in discretionary funding, which is $4.1 billion above the fiscal year 2014 enacted level and $201.8 million above the President’s request.  In addition, the bill includes $79.4 billion in funding for OCO, the same level assumed in the President’s budget request and in the House-passed National Defense Authorization Act (NDAA).  “The legislation funds critical national security needs, military operations abroad, and health and quality-of-life programs for the men and women of the Armed Forces and their families.”[2]

The major provisions of the bill are as follows:

Title I – Military Personnel:

The Committee recommends a total of $128.1 billion for active, reserve, and National Guard military personnel.  This funding provides for 1,308,600 active-duty troops and 820,800 Guard and reserve troops.[3]  This funding level is $668.6 million below the fiscal year 2014 enacted level and $830 million below the request.  However, this funding is sufficient to meet all needs due to reductions in force structure.  The bill also fully funds the authorized 1.8 percent pay raise for the military, effective January 1, 2015, and provides funding to maintain 100 percent of troop housing costs through Basic Allowance for Housing (BAH).

Title II – Operations and Maintenance:

The Committee recommends a total of $164.6 billion for operations and maintenance support to the military Services and other DOD entities.[4]  This funding is $4.8 billion above the fiscal year 2014 enacted level, and $1.4 billion below the budget request.  The recommended levels in Title II fully fund requests of unit and depot-level maintenance, facilities sustainment, restoration and modernization, and the base operations support program.[5]  The bill includes $1.2 billion to fill readiness shortfalls; $721 million to restore reductions in the President’s request for facility sustainment and modernization; and $475 million (full funding) for the Tuition Assistance program.  Title II fully funds the Special Victims’ Counsel (SVC) program for all Services and all Sexual Assault Prevention and Response programs at $275 million, an increase of $50 million above the fiscal year 2014 enacted level.[6]

Title III – Procurement:

The bill provides $91.2 billion for procurement accounts, $1.6 billion below the fiscal year 2014 enacted level and $1.6 billion above the President’s request.  Major initiatives and modifications include:

  • $14.3 billion for the procurement of six navy ships, including two DDG-51 guided missile destroyers, two SSN-774 attack submarines, and two Littoral Combat Ships (LCS).
  • $789.3 million for the advance procurement of material for the refueling of the USS George Washington (CVN-73).  The bill denies the administration’s proposal to delay their decision on refueling the USS George Washington until 2016 by providing this funding.
  • $5.8 billion for the procurement of 38 F-35 Lightning aircraft, which is an increase of $479 million and four aircraft above the President’s request.  The 38 aircraft will be comprised of six short take-off and vertical landing variants for the Marine Corps, four carrier variants for the Navy, and 28 conventional variants for the Air Force.
  • $1.6 billion for the procurement of seven KC-46 tanker aircraft, which is the same as the request.
  • $975 million for the procurement of twelve EA-18G Growler electronic attack aircraft, an increase of $975 million and twelve aircraft above the request.
  • $2.4 billion for 87 UH-60 Blackhawk and 37 MH-60S/R helicopters.  This represents an increase in procurement of eight aircraft and $119.2 million for the UH-60 Blackhawk.
  • $351 million for the Israeli Cooperative Program Iron Dome, which is $175 million above the President’s request.

Title IV – Research, Development, Test, and Evaluation:

The Committee recommends $63.4 billion for research, developing, testing, and evaluation of new defense technologies.  This represents an increase of $368 million above the fiscal year 2014 enacted level and $171 million below the request.  Major initiatives and modifications include:

  • $1.6 billion for the continued development of the F-35 Lighting Joint Strike Fighter aircraft, $5 million below the request.
  • $913.7 million for the development of a new penetrating Air Force bomber, the same as the request.
  • $73.1 million for the development of a Next Generation JSTARS aircraft, the same as the request.
  • $320.2 million for the continued development of modifications to Abrams, Bradley, and Stryker Vehicles, an increase of $25 million above the request.
  • $766.9 million for the continued development of the Next Generation Aerial Refueling Aircraft, a decrease of $10 million from the President’s request.
  • $403 million for the continued development of the Unmanned Carrier Based Strike System, the same as the request.
  • $849.3 million for the continued development of the replacement for the Ohio-class ballistic missile submarine, the same as the request.
  • $319 million for the continued development of the Multi-mission Maritime Aircraft, an increase of $11 million above the request.
  • $2.8 billion for the Defense Advanced Research Projects Agency (DARPA), a decrease of $66.5 million below the request.
  • $268.8 million for the Israeli Cooperative Programs, an increase of $172 million above the request.

Title V – Revolving and Management Funds:

The Committee recommends an appropriation of $1.3 billion for the Defense Working Capital Funds accounts.  The total recommended amount represents an increase of $100 million from the request, and $315 million below the fiscal year 2014 enacted level.

Title VI – Defense Health Program and Other Department of Defense Programs:

The bill provides an appropriation of $31.6 billion for the Defense Health Program, which is $1.1 billion below the fiscal year 2014 enacted level and $360 million below the request.  The Defense Health Program provides care for troops, military families, and retirees.  The level is sufficient to meet all estimated needs and requirements in the next fiscal year.  Within this total, $246 million is provided for cancer research, $150 million for medical facility upgrades, $125 million for traumatic brain injury and psychological health research, and an additional $39 million above the request for suicide prevention outreach programs.  The bill also restores $100 million in funding to the Defense Commissary Agency to provide reduced-price food and household goods for service-members and their families.

This legislation also provides funding for a number of other important DOD programs and activities, including: $828.9 million for chemical agents and munitions destructions; $944.7 million for drug interdiction and counter-drug activities; $65.6 million for the Joint Improvised Explosive Device Defeat Fund; and $311.8 million for the DOD Office of Inspector General (OIG).

Title VII – Related Agencies:

This legislation also provides funding for National and Military Intelligence Programs, including resources for: the Director of National Intelligence including the Intelligence Community Management staff; the Central Intelligence Agency (CIA); the Defense Intelligence Agency (DIA); the National Reconnaissance Office (NRO); the National Security Agency (NSA); the National Geospatial-Intelligence Agency; and the intelligence services of the Departments of the Army, Navy, and Air Force.  Included in this funding is $514 million for the CIA Retirement and Disability System, and $501 million for the Intelligence Community Management Account.

Title IX – Overseas Contingency Operations (OCO):

Title IX provides $79.4 billion in total new appropriations as a placeholder for ongoing military operations in Afghanistan.  “Despite a recent announcement from the Administration regarding plans for an enduring U.S. military presence in Afghanistan, no Overseas Contingency Operations budget has been submitted to Congress, therefore this level is subject to change.  This funding will provide the needed resources for our troops in the field, including funding for personnel requirements, operational needs, the purchase of new aircraft to replace combat losses, combat vehicle safety modifications, and maintenance of facilities and equipment.”[7]  Included in Title IX is a provision prohibiting “funding for transfers of Guantanamo detainees to the U.S. or its territories and denies funding to modify any facility in the U.S. to house detainees.  These provisions are identical to language contained in the House-passed fiscal year 2015 Defense Authorization legislation.”[8]

Title X – Reporting Requirements:

Finally, this legislation saves taxpayer dollars in areas that are both practical and will not affect the safety or success of our troops and missions.  These savings include $545 million for favorable currency fluctuations; $592 million for overestimation of civilian personnel costs; and $965 million in savings from rescissions of unused prior-year funding.

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[2] http://appropriations.house.gov/news/documentsingle.aspx?DocumentID=381446
[3] Id.
[4] House Report 113-473, p. 3.
[5] Id. at 4.
[6] House Report 113-473, p 12.
[7] House Report 113-473, p 305.
[8] http://appropriations.house.gov/news/documentsingle.aspx?DocumentID=381446

Cost

Based on CBO scoring, the bill provides budget authority of $570.3 billion.

Amendments

(Below are the Pre-printed Amendments in the Congressional Record Dated June 17, 2014)

1)         Rep. Fortenberry (R-NE) Amendment #1 – At the end of the bill (before the short title), insert the following: SEC. ll. None of the funds made available in this Act may be used to provide weapons directly or indirectly to combatants in Syria.

2)         Rep. Cotton (R-AR) Amendment #2 – At the end of the bill (before the short title), insert the following: Sec.____.  None of the funds appropriated or otherwise made available by this Act may be used to transfer or release any individual detained at United States Naval Station, Guantanamo Bay, Cuba to the individual’s country of origin or to any other foreign country.

3)         Rep. McGovern (D-MA) Amendment #3 –Page 9, line 6, after the dollar amount insert the following: “(reduced by $3,000,000).”  Page 33, line 11, after the dollar amount insert the following: “(increased by $3,000,000).”  Page 33, line 12, after the dollar amount insert the following: “(increased by $3,000,000).”  This amendment reduces funding for the Defense-Wide Operation and Maintenance Fund by $3 million, and increases funding for the Defense Health Program’s Operation and Maintenance Fund.

4)         Rep. Blumenauer (D-OR) Amendment #4 – Page 16, line 24, after the dollar amount, insert “(increased by $3,400,000).”  Page 31, line 6, after the dollar amount, insert “(reduced by $3,400,000).”  This amendment would increase funding for environmental restoration of formerly used defense sites by $3.4 million, and reduce funding for research, development, testing, and evaluation for the U.S. Air Force by $3.4 million.

5)         Rep. Coffman (R-CO) Amendment #5 – Page 31, line 6, after the dollar amount, insert “(reduced by $15,722,000).”  Page 141, line 4, after the dollar amount, insert “(increased by $15,722,000).”  This amendment would reduce funding for research, development, testing, and evaluation for the U.S. Air Force by $15.7 million, and redirect it to the spending reduction account.

6)         Rep. Coffman (R-CO) Amendment #6 – Page 27, line 10, after the dollar amount, insert “(increased by $139,260,000).”  Page 31, line 18, after the dollar amount, insert “(reduced by $139,260,000).”  Page 31, line 20, after the dollar amount, insert “(reduced by $139,260,000).”  This amendment increases funding for Air Force aircraft procurement by $139.3 million and reduce funding for defense-wide research, development, testing, and evaluation by $139.3 million.

(Below are the Pre-printed Amendments in the Congressional Record Dated June 18, 2014)

7)         Rep. Bridenstine (R-OK) Amendment #7 – Page 7, line 2, after the dollar amount, insert “(increased by $8,000,000).”  Page 9, line 6, after the dollar amount, insert “(reduced by $15,000,000).”  Page 12, line 17, after the dollar amount, insert “(increased by $2,000,000).”  This amendment increases funding for the Department of Defense Military Retirement Fund by $8 million, and increases funding for the Army National Guard operations and maintenance account by $2 million by redirecting $15 million away from the defense-wide operations and maintenance fund.

8)         Rep. Bridenstine (R-OK) Amendment #8 – At the end of the bill (before the short title) insert the following:  Sec. __. None of the funds made available by this Act may be used for any bilateral military-to-military contact or cooperation between the United States and the Republic of France unless and until the Republic of France cancels a contract to provide the Russian Federation with Mistral-class warships.

9)         Rep. Grayson (D-FL) Amendment #9 – At the end of the bill (before the short title), insert the following:  Sec. __. None of the funds made available by this Act may be used to enter into a contract with any offeror or any of its principals if the offeror certifies, pursuant to the Federal Acquisition Regulation, that the offeror or any of its principals–

(1) within a three-year period preceding this offer has been convicted of or had a civil judgment rendered against it for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; or

(2) are presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (1); or

(3) within a three-year period preceding this offer, has been notified of any delinquent federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

10)      Rep. Grayson (D-FL) Amendment #10 – At the end of the bill (before the short title), insert the following: Sec. __. None of the funds made available by this Act may be used for flag or general officers for each military department that are in excess to the number of such officers serving in such military department as of January 17, 2014.

11)      Rep. Grayson (D-FL) Amendment #11 – Sec. __. None of the funds made available by this Act may be used by an officer, employee, or contractor of the intelligence community to subvert or interfere with the integrity of any cryptographic standard that is proposed, developed, or adopted by the National Institute of Standards and Technology.

12)      Rep. Grayson (D-FL) Amendment #12 – Sec. __. None of the funds made available by this Act may be used to make aircraft (including unmanned aerial vehicles), armored vehicles, grenade launchers, silencers, toxicological agents (including chemical agents, biological agents, and associated equipment), launch vehicles, guided missiles, ballistic missiles, rockets, torpedoes, bombs, mines, or nuclear weapons (as identified for demilitarization purposes outlined in Department of Defense Manual 4160.28) available to local law enforcement agencies through the Department of Defense Excess Personal Property Program established pursuant to section 1033 of Public Law 104-201, the `National Defense Authorization Act for Fiscal Year 1997.’

13)      Rep. Grayson (D-FL) Amendment #13 – At the end of the bill (before the short title), insert the following: Sec. __. None of the funds made available by this Act may be used to detain, without conviction, any person for more than 15 years at United States Naval Station, Guantanamo Bay, Cuba.

14)      Rep. Fleming (R-LA) Amendment #14 – At the end of the bill (before the short title), insert the following: Sec. __. None of the funds made available by this Act may be used to appoint chaplains for the military departments in contravention of Department of Defense Instruction 1304.28, dated June 11, 2004, incorporating change 3, dated March 20, 2014, regarding the appointment of chaplains for the military departments.

15)      Rep. Grayson (D-FL) Amendment #15 – Page 9, line 6, after the dollar amount insert the following: “(reduced by $10,000,000).”  Page 33, line 11, after the dollar amount insert the following: “(increased by $10,000,000).”  Page 33, line 19, after the dollar amount insert the following: “(increased by $10,000,000).”  The amendment reduces funding for the defense-wide operations and maintenance account by $10 million and increases funding for the Defense Health Program by the same amount.

16)      Rep. Grayson (D-FL) Amendment #16 – Page 31, line 18, after the dollar amount, insert the following: “(reduced by $10,000,000).”  Page 33, line 11, after the dollar amount, insert the following: “(increased by $10,000,000).”  Page 33, line 19, after the dollar amount insert the following: “(increased by $10,000,000).”  This amendment reduces funding for defense-wide research, development, testing, and evaluation, and increases funding for the Defense Health Program by the same amount.

17)      Rep. Miller (R-MI) Amendment #17 – At the end of the bill (before the short title), insert the following: Sec. 10002. None of the funds made available by this Act may be used to divest, retire, transfer, or place in storage, or prepare to divest, retire, transfer, or place in storage, any A-10 aircraft, or to disestablish any units of the active or reserve component associated with such aircraft.

18)      Rep. Bridenstine (R-OK) Amendment #18 – At the end of the bill (before the short title) insert the following: Sec. __. None of the funds made available by this Act may be used for any bilateral military-to-military contact or comparable activities between the United States and the Republic of France.

19)      Rep. Vargas (D-CA) Amendment #19 – At the end of the bill (before the short title), insert the following:  Sec. __X. (a) Limitation.–None of the funds made available in this Act may be obligated or expended to implement a final decision affecting the homebasing of F-35 aircraft on the West Coast of the United States until the date on which the Comptroller General of the United States submits to the congressional defense committees the comparative financial analysis under subsection (b).

(b) Analysis.—

(1) IN GENERAL.–The Comptroller General of the United States shall conduct a comparative financial analysis of homebasing F-35 aircraft at Naval Air Facility El Centro and Naval Air Station Lemoore.

(2) MATTERS INCLUDED.–The analysis conducted under paragraph (1) shall include the following:

(A) Annual operational costs to perform the training missions at each location specified in paragraph (1).

(B) Annual costs associated with detachment training at each location specified in paragraph (1).

(C) Estimated annual costs of flying F-35 aircraft to and from each location specified in paragraph (1) to the depots for such aircraft.

(D) Cost savings that might be achieved by homebasing such aircraft at Naval Air Facility El Centro, which is in close proximity to the F-35 aircraft of the Marine Corps located at both Miramar Marine Corps Air Station and Yuma Marine Corps Air Station.

(E) Cost savings that might be achieved by homebasing the F-35 aircraft at Naval Air Station Lemoore.

(F) Estimated annual costs of F-35 aircraft detachment training that would continue at each location specified in paragraph (1), even if the location is not used as the homebase for F-35 aircraft.

(G) Comparison of military construction costs associated with homebasing such aircraft at Naval Air Facility El Centro versus Naval Air Station Lemoore.

(H) Comparison of the net cost savings to be achieved over 10 and 20 year budget horizons by homebasing such aircraft at Naval Air Facility El Centro versus Naval Air Station Lemoore.

20)      Rep. Delaney (D-MD) Amendment #20 – Page 9, line 6, after the dollar amount insert the following: “(reduced by $24,000,000).”  Page 88, line 6, after the dollar amount insert the following: “(increased by $16,000,000).”  This amendment reduces funding for the defense-wide operation and maintenance account by $24 million and increases the funding made available to the Fisher House Foundation by $16 million.

21)      Rep. Fortenberry (R-NE) Amendment #21 – At the end of the bill (before the short title), insert the following:  Sec. X. None of the funds made available in this Act may be used to provide weapons to combatants in Syria.

22)      Rep. Moran (D-VA) Amendment #22 – Strike section 8108.  Section 8108 prevents any funding made available in the Act from being used to construct, acquire, or modify any facility in the U.S. to house an individual who has been held at Guantanamo Bay since June 24, 2009 and is not a U.S. citizen or a member of the U.S Armed Forces.

23)      Rep. Moran (D-VA) Amendment #23 – Strike section 8107.  Section 8107 prevents any funding made available in the Act from being used to transfer or release any prisoner held at Guantanamo Bay since June 24, 2009 who is not a U.S. citizen or a member of the U.S. Armed Forces.

24)      Rep. McKinley (R-WV) Amendment #24 – Page 9, line 6, after the dollar amount, insert “(reduced by $21,000,000) (increased by $21,000,000).”  The amendment reduces Operation and Maintenance, Defense-Wide by $21 million, increases the same account by the same amount. The sponsor’s intent is to direct that sum within the account for the National Guard Youth Challenge Program.

25)      Rep. Kildee (D-MI) Amendment #25 – Page 22, line 14, after the dollar amount, insert “(reduced by $20,000,000).”  Page 33, line 11, after the dollar amount, insert “(increased by $20,000,000).”  Page 33, line 17, after the dollar amount, insert “(increased by $20,000,000).”  The amendment reduces funding for Navy Aircraft Procurement by $20 million and increases funding for the Defense Health Program by $20 million.

26)      Rep. Nugent (R-FL) Amendment #26 – Page 31, line 6, after the dollar amount, insert “(reduced by $10,000,000) (increased by $10,000,000).”  The amendment reduces Research, Development, Test and Evaluation, Air Force by $10 million, and the same account by the same amount. The sponsor’s intent is to direct the sum towards the Counter-Electronics High Power Microwave Missile Project.

27)      Rep. Nugent (R-FL) Amendment #27 – At the end of the bill (before the short title), insert the following:  Sec. __. None of the funds made available by this Act may be used to plan for or carry out a furlough of a dual status military technician (as defined in section 10216 of title 10, United States Code).

28)      Rep. Lofgren (D-CA) Amendment #28 – At the end of the bill (before the short title), insert the following new section:  SEC. __.

(a) Except as provided in subsection (b), none of the funds made available by this Act may be used by an officer or employee of the United States to query a collection of foreign intelligence information acquired under section 702 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a) using an identifier of a United States person.

(b) Subsection (a) shall not apply to queries for foreign intelligence information authorized under section 105, 304, 703, 704, or 705 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1805; 1842; 1881b; 1881c; 1881d), or title 18, United States Code, regardless of the Foreign Intelligence Surveillance Act authority under which it was collected.

(c) Except as provided for in subsection (d), none of the funds made available by this Act may be used by the National Security Agency or the Central Intelligence Agency to mandate or request that a person (as defined in section 1801(m) of title 50, United States Code) redesign its product or service to facilitate the electronic surveillance (as defined in section 1801(f) of title 50, United States Code) of any user of said product or service for said agencies.

(d) Subsection (c) shall not apply with respect to mandates or requests authorized under the Communications Assistance for Law Enforcement Act (47 U.S.C. 1001 et seq.).

29)      Rep. Sensenbrenner (R-WI) Amendment #29 – At the end of the bill (before the short title), insert the following new section:Sec. __.

(a) Except as provided in subsection (b), none of the funds made available by this Act may be used by an officer or employee of the United States to query a collection of foreign intelligence information acquired under section 702 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a) using an identifier of a United States person.

(b) Subsection (a) shall not apply to queries for foreign intelligence information authorized under section 105, 304, 703, 704, or 705 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1805; 1842; 1881b; 1881c; 1881d), or title 18, United States Code, regardless of the Foreign Intelligence Surveillance Act authority under which it was collected.

(c) Except as provided for in subsection (d), none of the funds made available by this Act may be used by the National Security Agency or the Central Intelligence Agency to mandate or request that a person (as defined in section 1801(m) of title 50, United States Code) redesign its product or service to facilitate the electronic surveillance (as defined in section 1801(f) of title 50, United States Code) of any user of said product or service for said agencies.

(d) Subsection (c) shall not apply with respect to mandates or requests authorized under the Communications Assistance for Law Enforcement Act (47 U.S.C. 1001et seq.).

30)      Rep. Lee (D-CA) Amendment #30 – At the end of the bill (before the short title), insert the following:  Sec. X. None of the funds made available by this Act may be used for deploying members of the Armed Forces on the ground in Iraq for purposes of engaging in combat operations except to protect the United States Embassy.

31)      Rep. Lee (D-CA) Amendment #31 – At the end of the bill (before the short title), insert the following: Sec. X. None of the funds made available by this Act may be used for the purposes of conducting combat operations in Iraq.

32)      Rep. Lee (D-CA) Amendment #32 – At the end of the bill (before the short title), insert the following: Sec. X. None of the funds made available by this Act may be used for the purpose of conducting combat operations in Afghanistan after December 31, 2014.

33)      Rep. Lee (D-CA) Amendment #33 – At the end of the bill (before the short title), insert the following: Sec. X. None of the funds made available by this Act may be obligated or expended pursuant to the Authorization for Use of Military Force Against Iraq Resolution of 2002 (Public Law 107-243; 50 U.S.C. 1541 note).

34)      Rep. Lee (D-CA) Amendment #34 – At the end of the bill (before the short title), insert the following: Sec. X. None of the funds made available by this Act may be obligated or expended pursuant to the Authorization for Use of Military Force (Public Law 107-40; 50 U.S.C. 1541 note) after December 31, 2014.

Additional Information

For questions or further information contact the GOP Conference at 5-5107.