FY2024 National Defense Authorization Act

This year's National Defense Authorization Act is once again being considered against the backdrop of Russia's invasion of Ukraine, China's growing military presence in the Indo-Pacific, and ongoing cyber, biological and other "asymmetric" threats to the post-World War II order. Moscow's invasion sent shockwaves throughout the world, particularly in Europe, where there has been a reopening of the philosophical debate and a re-examination of prior held beliefs, including the widespread notion that a major ground war in Europe was no longer possible. Such a reassessment has driven formerly non-aligned Finland and Sweden to abandon their neutrality and seek protection within NATO, while Germany announced it would shed its post-war aversion to the use of force rooted in recognition of Berlin's role in precipitating World War II.

Yet since then, critics say, Germany and others have reverted back to their former positions of relying on the United States to shoulder the majority of the burden of aiding Ukraine, even though Kyiv is squarely in those countries' backyard. Such backtracking has once again illustrated that the United States continues to subsidize its allies' security, and in particular its wealthy partners, many of whom continue to benefit from the U.S. taxpayer's largesse. Despite President Biden's plea that deterring Russia in Europe "cannot, and should not, fall predominantly on America's shoulders," the United States has pledged and provided almost twice the assistance to Ukraine than committed by its European partners combined, according to the latest figures from the Kiel Institute for the World Economy in Germany. To date, the United States has provided more than $113 billion in Ukraine-related supplemental aid since the war began, much of it in direct security assistance to the country.

The bill's funding total is in line with the cap established by the Fiscal Responsibility Act (PL 118-5) that raised the nation's debt ceiling this June. Under the agreement, total discretionary defense spending, excluding emergency money, at the Defense Department and the Energy Department's National Nuclear Security Administration would rise from $858.6 billion in the current fiscal year to $886.3 billion in FY 2024 (a 3% increase) and then $895 billion in FY 2025. The framework, however, only covers base budgets, and does not preclude emergency spending. Armed Services Committee leaders in both parties and in both chambers, as well as both the majority and minority leaders in the Senate, favor such a supplemental, particularly for Ukraine. However, many House members, led by the Freedom Caucus, oppose such added funding, particularly in light of America's allies falling short on their commitments, and House Speaker Kevin McCarthy, R-Calif., rebuffed the idea saying that going above the debt deal's caps is "not going anywhere."

As reported, the bill continues the process of moving away from costly ground operations in the Middle East and toward initiatives that counter China and other potential threats — including investing in hypersonic weapons, the industrial base, critical minerals, artificial intelligence, microelectronics, 5G technology, cyber capabilities, and nuclear modernization. Since overall funding levels were already largely set, committee consideration of the bill barely dealt with funding. Instead, debate largely centered on cultural "wedge" issues including department diversity initiatives and so-called critical race theory, the military's now-repealed COVID-19 vaccine mandate, and transgender servicemembers. Such issues are expected to be addressed again during floor consideration of the bill, in addition to amendments dealing with abortion.

SUMMARY:

The bill authorizes $874.2 billion in discretionary spending for FY 2024 — $326 million more than the president's request and $27.2 billion (3%) more than the FY 2023 authorized level. It authorizes $841.5 billion for the Defense Department, including $169 billion for weapons and other procurement, $145 billion for military research and development, and $32.3 billion for Energy Department nuclear weapon and related activities.

It authorizes $9.7 billion for the Pacific Deterrence Initiative to optimize the presence of U.S. forces in the Indo-Pacific region to counter China, expedites the delivery of weapons to Taiwan, and authorizes over $4 billion to bolster U.S. and allied forces in Europe against Russian aggression. It also authorizes a 5.2% pay raise for all military personnel and extra pay for enlisted personnel, limits department DEI policies and programs, and authorizes the establishment of a Space National Guard.

Of the total authorization, $841.5 billion is for the Defense Department and $32.3 billion is for Energy Department nuclear weapons development and associated activities.

For the Defense Department, the bill authorizes $289.2 billion for operation and maintenance activities ($900 million less than requested), $168.6 billion for weapons and other procurement ($578 million more), and $145.2 billion for military research and development ($233 million more).

The Defense Department's authorization also includes $178.6 billion for military personnel ($242 million less than requested), and $38.2 billion for the defense health program.

The bill authorizes $9.7 billion for the Pacific Deterrence Initiative to optimize the presence of U.S. forces in the Indo-Pacific region to counter China, and enhances the foreign military sales workforce to expedite the delivery of defense articles to Taiwan. It also authorizes over $4 billion to bolster U.S. and allied forces in Europe against Russian aggression, including $300 million specifically for Ukraine, and $398 million for Iraqi and Kurdish forces and "moderate" forces in Syria engaged in the fight against the Islamic State.

The measure requires the president to transmit a report to Congress within 48 hours of any incident in which U.S. armed forces are involved in an attack or hostilities, including in either an offensive or defensive capacity, except in specified circumstances.

The bill authorizes funding for additional missile and other munitions production and capacity expansions related to supplying Ukrainian forces and preparing for future contingencies, the development of a Sea Launched Cruise Missile, which the administration has sought to terminate, as well as large increases for high-speed "hypersonic" weapons and modernization of the nation's nuclear enterprise.

The bill authorizes approximately $30 billion for missile defense programs, including funding for Ground-Based Midcourse Defense, European missile defense and cooperative programs with Israel.

It authorizes new funds to develop system to defend against hypersonic missiles, as well as missile defense systems in Guam. It also authorizes $2.6 billion for the Space Force's new defendable missile warning satellite system.

    The measure authorizes $17.4 billion ($73 million more than requested) for procurement of 92 Navy aircraft and $20.7 billion for 115 Air Force planes ($397 million more), including the following:

• F-35 Joint Strike Fighter — $9.2 billion for procurement of 73 new F-35 planes for the various military services.
• Next Generation Fighter — $1.8 billion for research and development of a next-generation fighter jet to replace the F-35.
• F-15 Upgrades — $2.5 billion for 24 new F-15 EX aircraft.
• B-21 Raider — $5.3  billion for procurement and development of the new manned bomber.
• KC-46A Refueling Tankers — $2.7 billion for the procurement of 15 new aircraft.
• Helicopters — $719 million to upgrade 42 AH-64 Apache attack helicopters to the Longbow configuration; $668 million for 24 new UH-60M multi-use Black Hawks for the Army and Guard; $1.7 billion for 15 CH-53K King Stallions; and $1.5 billion for research and development of next generation Army helicopters.
• Drones — Increases funding for a variety of drones and other unmanned aircraft, including collaborative combat aircraft — swarms of drones that will fly alongside manned fighters like the F-35 or larger "mother ship" drones like the Reaper.
• Aircraft Retirements — Allows the Pentagon to retire additional A-10 and F-15 aircraft, but restricts the divestment of other planes including the F-16.

The bill authorizes $32.3 billion for procurement of 10 major Navy major ships. The measure also prevents the Navy from decommissioning five major vessels the Pentagon wants to retire. The total includes the following:

• Attack Submarines — $7.1 billion for two Virginia-class submarines, and $2.9 billion in advanced procurement.
• Ballistic Missile Submarines — $2.5 billion for the Ohio class replacement and $3.4 billion in advanced procurement, both equal to the request.
• Aircraft Carriers — $2.1 billion for the carrier program and $818 million for refueling overhauls.
• DDG-51 Destroyer — $4.2 billion for the next two DDG-51 Arleigh Burke destroyers, as requested.
• FFG Frigate — $2.2 billion for two FFG Frigates, the successor to the troubled Littoral (coastal) Combat Ship.

The measure authorizes a 5.2% pay raise for all military personnel as well as authorizes an economic conditions bonus for junior enlisted servicemembers, eliminates the 5% out-of-pocket housing cost, extends the authority for several special payments and bonuses for active-duty and reserve personnel, authorizes 11,544 fewer servicemembers in the overall active-duty force, and expands financial assistance for in-home childcare.

The measure contains a number of provisions to limit department Diversity, Equity and Inclusion (DEI) policies and programs, bans drag shows on military bases, prohibits funds for the department's working group aiming to counter extremism in the military, and directs the service secretaries to consider reinstating separated servicemembers who refused to take the COVID-19 vaccine at the same rank and with back pay.

The bill also authorizes the establishment of the Space National Guard, authorizes the creation of a new personnel management system for the Space Force, and makes the National Guard Bureau chief eligible to be appointed Chairman of the Joint Chiefs of Staff.

The bill authorizes $32.3 billion for discretionary defense-related activities at the Energy Department — $386 million (1%) less than requested and $1.9 billion (6%) more than the FY 2023 authorization.

The total includes $23.9 billion for nuclear weapons laboratories and programs operated by the National Nuclear Security Administration (NNSA), $7.1 billion for environmental restoration and waste management, and $1.1 billion for other defense activities.

U.S.-Mexico Border

The measure directs the Pentagon to report to Congress on how it will utilize, transfer, or donate to border states unused border wall materials for further construction of a border barrier.

It also fully funds the National Guard's operation and maintenance account to support the border deployment and requires the department to report on its operational needs on the border and the support it provides to the Homeland Security Department.

Directs the Defense Secretary to submit a proposal to utilize, transfer, or donate unused border wall materials to States on the southern border.

The measure also does the following:

• Military Construction — Authorizes $17.5 billion for military construction and housing projects, including $2.0 billion for family housing. The total is $800 billion more than requested and includes funds for new barracks and childcare centers.
• AI and Cybersecurity — Includes numerous provisions to promote cybersecurity and the use of Artificial Intelligence, as well as to attract skilled workers in those areas.
• Industrial Base — Further modifies the Pentagon's acquisition process, and includes provisions to bolster the development and security of the U.S. industrial base and supply chain, including enhancing the development of critical minerals.
• Guantanamo — Continues long-standing provisions to limit the transfer of prisoners from the detention facility at the U.S. Naval Station, Guantanamo Bay, Cuba, to the United States, and to prohibit the use of funds to modify facilities in the United States to house such prisoners.