The Department of Defense Appropriations Act
The House passed (250-166) H.R. 695 which provides $659.2 billion to the Department of Defense Appropriations for FY 2018. The House considered H.R. 695 as posted on the Rules Committee website, which includes the text of H.R. 4877.
Summary
H.R. 695 provides $659.2 billion in total discretionary budget authority for the Department of Defense for fiscal year (FY) 2018. The bill provides $584 billion for the Department of Defense base budget, and $75.1 billion for the Overseas Contingency Operations (OCO) account to support the Global War on Terrorism (GWOT). This funding fully funds a 2.4% pay raise for our troops, and supports an increase in troop numbers for Active, Reserve, and Guard.
The bill includes an additional appropriation of $1.2 billion in OCO funding to support the President’s South Asia strategy, as requested by the Administration. The funding supports the deployment of 3,500 additional active component troops; increased intelligence, surveillance, and reconnaissance; special operations forces capabilities; and munitions to support Operation Freedom’s Sentinel.
When added to the $4.7 billion in emergency miisile defeat and ship repair funds requested by the President in November, which has already been enacted into law (PL 115-96), funding for FY 2018 Department of Defense totals $664 billion – fully consistent with enacted National Defense Authorization Act for FY 2018.
The legislation is virtually the same as the FY 2018 Defense Appropriations bill that passed the House on July 27, 2017 (H.R. 3219, the Make America Secure Act), and the bill that passed again on September 14, 2017 (H.R. 3354, the Make America Secure and Prosperous Act) as part of larger funding packages.
The major provisions of the bill are as follows:
Title I—Military Personnel
The bill provides a total of $138.2 billion – $133 billion for base requirements in title I and $5.3 billion for OCO/GWOT requirements in title IX – to provide for 1,324,000 active-duty troops and 822,900 Guard and Reserve troops. The bill includes $1 billion above the request for increased end strength. The agreement also fully funds the authorized 2.4 percent pay raise for the military.
Title II—Operation and Maintenance
The bill provides a total of $241 billion – $192 billion for base requirements in title II and $49 billion for OCO/GWOT requirements in title IX – for operation and maintenance. This funding supports key readiness programs to prepare troops for combat and peacetime missions. In total, this is $24.1 billion above fiscal year 2017.
This legislation also includes an additional $1 billion above the request to fill readiness shortfalls; $500 million above the request to invest in facility sustainment, restoration, and modernization programs; and $16.6 billion total for depot maintenance.
Title III—Procurement
The bill provides for a total of $149 billion – $132.5 billion for base requirements in title III and $16.5 billion for OCO/GWOT requirements in title IX – for equipment and upgrades. Major initiatives and modifications include:
$21.5 billion for 11 Navy ships, including 2 DDG-51 guided missile destroyers, 3 Littoral Combat Ships, 1 carrier replacement, and 2 Virginia-class submarines
$9.5 billion for 84 F-35 aircraft
$1.8 billion for 24 F/A 18E/F Super Hornet aircraft
$1.05 billion for 56 UH-60 Blackhawk helicopters
$133 million for 12 MQ-1 Gray Eagle unmanned aerial vehicles
$348 million for 116 Stryker Double V-Hull upgrades
$1 billion for the upgrade of 85 Abrams tanks
$483 million for Bradley fighting vehicle upgrades
$1.2 billion for 7 P-8A Poseidon aircraft
$2.4 billion for 15 KC-46 tanker aircraft
$100 million for National Guard High-Mobility Multipurpose Wheeled Vehicle (HMMWV) recapitalization
$332 million for the Israeli Cooperative Programs
$1 billion for the Evolved Expendable Launch Vehicle (EELV) and associated infrastructure
Title IV—Research, Development, Test and Evaluation
The bill provides a total of $84.3 billion – $82.7 billion for base requirements in title IV and $1.6 billion for OCO/GWOT requirements in title IX – for research, development, test and evaluation. Funding for base requirements is $10.3 billion above fiscal year 2017. Funding supports the development of the F-35 Joint Strike Fighter, space security programs, the Air Force bomber program, the Ohio-Class submarine replacement, and other important research and development activities.
Title V—Revolving and Management Funds
The bill provides a total of $1.7 billion – $1.6 billion for base requirements in title V and $149 million for OCO/GWOT requirements in title IX – for the Defense Revolving and Management Funds.
Title VI—Other Department of Defense Programs
The bill provides a total of $37.2 billion – $36.1 billion for base requirements in title VI and $1.1 billion for OCO/GWOT requirements in title IX –for expenses not otherwise provided for, including the Defense Health Program. Title VI provides for:
$34 billion for Defense Health Programs, including TRICARE, research, development, and evaluation, HIV prevention, and congressionally directed medical research programs
$961.7 million for Chemical Agents and Munitions Destruction
$854.8 million for Drug Interdiction and Counter Drug activities
$336.9 million for the Office of the Inspector General
Title VII—Related Agencies
Title VII provides for $514 million for continuing the operation of the Central Intelligence Agency Retirement and Disability System Fund. The title also provides for $522.1 million for the Intelligence Community Management Account.
Title VIII—General Provisions
Title VIII includes, among others, the following general provisions:
Section 8012 provides that civilian personnel of the Department of Defense may not be managed on the basis of end strength or be subject to end strength limitations.
Section 8024 provides that none of the funds appropriated or made available shall be used to procure carbon, alloy, or armor steel plate that were not melted and rolled in the U.S. or Canada.
Section 8042 prohibits funding from being obligated or expended for assistance to the Democratic People’s Republic of Korea (North Korea) unless specifically appropriated for that purpose.
Section 8067 provides $705.8 million for Israel Cooperative Programs.An additional $47.5 million is provided in title II for the Israeli anti-tunneling program.
Section 8094 prohibits funding to transfer or release any individual detained at Guantanamo Bay, Cuba into the United States, its territories, or possessions.
Section 8095 prohibits funding to modify any United States facility (other than the facility at Guantanamo Bay, Cuba) to house any individual detained at Guantanamo Bay, Cuba.
Section 8096 prohibits funding to transfer any individual detained at Guantanamo Bay, Cuba, to a country of origin or other foreign country or entity unless the Secretary of Defense makes certain certifications.
Section 8097 prohibits funding from being used to violate the War Powers Resolution Act.
Section 8104 prohibits the use of funds by the National Security Agency targeting U.S. persons under authorities granted in the Foreign Intelligence Surveillance Act.
Section 8116 prohibits the use of funds to close facilities at Naval Station Guantanamo Bay.
Section 8117 provides for the use of funds to research and respond to the Zika virus for military and civilian personnel.
Section 10008 directs that any sequestration order pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 for the security category shall not apply for fiscal year 2018.
Title IX—Overseas Contingency Operations (OCO)
Title IX provides $75.1 billion for Global War on Terrorism operations or the OCO fund. Of those funds, the bill includes:
$5.3 billion for personnel
$49.3 billion for operations and maintenance, including $4.9 billion for Afghanistan Security Forces Fund, $1.8 billion for Counter-ISIL Train and Equip Fund, and $150 million for the Ukraine Security Assistance Initiative
$500 million to continue support for the Intelligence, Surveillance, and Reconnaissance Fund
$10.5 billion for procurement
$1.6 billion for research, development, test, and evaluation
$149 million for the Defense Working Capital Funds
$396 million for the Defense Health Program
$196 million for Drug Interdiction and Counter-Drug Activities Defense
$483 million for Joint Improvised Explosive Device Defeat Fund
$25 million for the Office of the Inspector General
$1.2 billion to support the President’s South Asia strategy
Classified Annex
The bill also provides funding for certain classified programs. These funding levels are made available for review to Members in a classified annex.
Background
The Department of Defense Appropriations Act has historically been the key mechanism through which Congress funds one of its primary responsibilities as mandated in Article I, Section 8 of the Constitution of the United States, which grants Congress the power to provide for the common defense; to raise and support an Army; to provide and maintain a Navy; and to make rules for the government and regulation of the land and naval forces.
According to Chairman Frelinghuysen, “The singular most important duty of Congress is to provide for our nation’s defense, and the rebuilding of our nation’s military starts with this bill. This legislation provides responsible funding to ensure that our troops have the resources they need to remain the very best in the world, and to fulfill the mission of protecting our country and our way of life. Enacting this essential legislation into law is paramount to our security.”
Cost
If enacted, H.R. 695 would result in discretionary budget authority of $659.2 billion. The legislation includes savings of $1billion from lower-than-expected fuel costs, $289 million due to favorable economic conditions, and $1.5billion in savings from rescissions of unused prior-year funding.
House Democratic Whip Steny Hoyer:
House Amendment to Senate Amendments to H.R. 695 – Department of Defense Appropriations Act, 2018 (Rep. Granger – Appropriations) (One hour of debate). Despite repeated promises of regular order and an open legislative process, House Republicans are bringing this funding bill to the Floor without allowing any amendments, almost five months into the fiscal year.
This bill contains $584 billion in base discretionary appropriations for the Department of Defense, and $75 billion in additional discretionary appropriations designated for Overseas Contingency Operations (OCO) and another $5 billion designated as emergency spending.
The bill is consistent with the House Republicans’ budget plan to unilaterally bust through the Budget Control Act (BCA) spending cap for defense, adding $73 billion more than the $549 billion allowed under the current BCA defense cap. For months, Democrats have sought an agreement on the discretionary spending caps that provides parity for both defense and non-defense appropriations bills. Rather than negotiate a cap agreement that would pave the way for a defense appropriations bill to become law, they are placing a bill on the floor that proposes to exempt itself from the BCA defense cap’s sequestration. This bill is the third example of Republicans rejecting bipartisan compromise and instead going it alone.
The House voted on nearly identical text as part of larger, partisan appropriations packages in July and September. Both times the bills were nearly unanimously opposed by Democrats. The only changes are: (1) adding $1.184 billion to the OCO account for an additional 3,500 troops in Afghanistan and (2) eliminating the sequester for the defense BCA cap in FY 2018, which this bill would otherwise trigger, while keeping in place sequestration for the non-defense BCA cap.
Now almost a third of the way through the fiscal year, House Republicans are bringing this bill to the Floor knowing it has no chance of becoming law. Despite controlling the House, Senate, and the White House, Republicans have shown that they are incapable of passing a long-term funding bill. After a brief Trump shutdown, Republicans passed their fourth short-term continuing resolution. Because Republicans refuse to work with Democrats and compromise on how to provide relief from the BCA’s sequester-level discretionary spending caps for both defense and non-defense appropriations, they are lurching from CR to CR – degrading the readiness of our military and preventing government agencies from properly serving the American people. It is long past time for Republicans to reach agreement with Democrats and get our work done.
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