LEGISLATIVE BULLETIN | July 31, 2008

S. 3001, the National Defense Authorization Act for Fiscal Year 2009

Summary 

S. 3001, the National Defense Authorization Act for Fiscal Year 2009, would authorize $612.5 billion in budget authority for defense programs in Fiscal Year 2009. This amount is consistent with the Fiscal Year 2009 Budget Resolution, and consistent with the President's overall request for the national defense budget, which included a base budget request of $542.5 billion and a war-related funding request for $70 billion for operations in Iraq and Afghanistan. The war-related request would serve as a placeholder: it would provide sufficient funding to allow the next administration to take office without facing a budget crisis in the Department of Defense (DOD), but would not cover all of Fiscal Year 2009 war-related expenses. 

While the Administration has not yet offered detailed allocation of its $70 billion war funding request, the Senate bill separates out funding authorizations for Afghanistan, Iraq and military construction in order to provide a clear account of the cost of war. S. 3001 includes $19.9 billion for Afghanistan-related operations under title XV, $49.6 billion for operations in Iraq under titles XV and XVI, and $500 million for war-related military construction under title XXIX.

 

Major Provisions

Title I - Procurement 

S. 3001includes $103.9 billion in base budget authority for procurement, which is $1.2 billion more than the President's budget request. Additionally, the bill authorizes $3.7 billion in funds for procurement related to operations in Afghanistan as well as $10.5 billion for Iraq-related procurement. 

Army. S. 3001includes $25 billion in base budget authority for Army procurement, which is $24.9 million below the President's budget request. The bill would transfer $496.3 million in funding for the Joint Improvised Explosive Device Defeat Fund (JIEDDF) included in the President's base budget request to the war-related accounts, provided in titles XV and XVI of the bill.

 

The bill's base budget Army procurement provisions would: 

•Authorize an additional $391.2 million in funds for items on the Army Chief of Staff's Unfunded Requirements List to address Army National Guard equipment shortfalls. Funding increases are provided for dual-purpose equipment, to ensure the Guard has the resources to meet its responsibilities of supporting military operations overseas, and also providing military support to civil authorities in response to domestic disasters;

•Provide $3.689 billion in procurement for weapons and tracked combat vehicles;

•Authorize $2.3 billion for ammunition procurement, $28 million above the requested amount;

•Provide $2.21 billion for missile procurement, equal to the President's request;

•Authorize $102 million for the Land Warrior system to outfit a second brigade combat team preparing to deploy to Iraq or Afghanistan, not included in the President's request; and

•Provide $13.9 million for safety modifications for the UH-60 Blackhawk helicopter, which is $3 million above the requested amount; and 

The bill also includes a provision that requires the Secretary of Defense to ensure that the Stryker Mobile Gun System is subject to testing to confirm the effectiveness of actions taken to mitigate the deficiencies identified in the Initial Operational Test and Evaluation and Live Fire Test and Evaluation. 

The bill authorizes an additional $17.7 billion for Fiscal Year 2009 Army procurement of war-related items, including $1.825 billion for operations in Afghanistan (title XV) and $8.37 billion for operations in Iraq (title XVI). 

Navy and Marine Corps. The bill would include the following base budget authority: $36.88 billion for Navy procurement, which is $380.4 million above the President's request; $1.49 billion for Marine Corps procurement, which is $17.1 million below the request; and $1.1 billion for Navy and Marine Corps ammunition, which is $9 million above the requested amount.

 

Navy

The bill would: 

•Reduce funding for the procurement of E-2D Advanced Hawkeye Aircraft by $165.5 million due to delays in building and testing new radar (to allow for the procurement of two Aircraft, which is one less than included in the budget request);

•Provide an additional $160 million above the requested amount for P-3 aircraft modifications to address critical service life problems with the aircraft, which has been identified by the Chief of Naval Operations as the Navy's top unfunded priority;

•Add $79 million for Virginia-class submarine advance procurement, to support the Navy's acceleration of procurement to two boats per year in Fiscal Year 2011;

•Reduce by $124 million procurement for the Littoral Combat Ship (LCS) program to account for additional resources available from canceled contracts. Funds provided would allow the Navy to fund the two ships requested; and

•Decrease by $170 million the Navy's Maritime Prepositioning Force (Future) (MPF(F)) ship, designated as MPF(F) LHA(R) due to schedule delays and significant cost increases.

 

Marine Corps

The bill would: 

•Decrease by $25 million procurement for the Logistics Vehicle System Replacement (LVSR) program due to manufacturing issues and the low-rate of production;

•Provide $7.9 million for the combat casualty care equipment upgrade program, not included in the President's request; and

•Authorize an additional $9 million for procurement of grenades, to provide a total of $48 million. 

Further, the bill would include additional authorization for Fiscal Year 2009 procurement of war-related items for the Navy and Marine Corps, including $137.5 million related to operations in Afghanistan and $1.16 billion related to operations in Iraq. 

Air Force. S. 3001 would include $35.8 billion in base budget authority for Air Force procurement, which is $566.9 million above the requested amount. The bill would: 

•Authorize an increase of $497 million for either F-22 advance procurement to continue production through Fiscal Year 2010 or to close down the production line. Additionally, it would require the President to certify how the money should be spent.

•Reduce by $40 million funding for C-17 engine spares, consistent with past funding levels.

•Authorize an additional $20 million to expand access to tactical intelligence support equipment and capabilities to Army and Marine Corps ground forces operating in Iraq and Afghanistan, so that they have the intelligence, surveillance and reconnaissance tools to track and find terrorists and other high value targets.

•Provide an additional $27.9 million for the Litening advanced targeting pod (ATP) program.

•Reduce by $80 million funding for the Joint Air-to-Surface Standoff Missile (JASSM), to keep production flat while addressing ongoing testing and production problems.

•Authorize an additional $100 million for advanced procurement, parts, testing, and additional spares for the Advanced Extremely High Frequency Satellite (AEHF).

•Include a provision that would require the Secretary of Defense to submit an annual long-term plan for procurement of aircraft for the Departments of the Navy and the Air Force.

 

Additionally,S. 3001 would provide additional funds for Fiscal Year 2009 Air Force procurement for war-related items, including $575 million for Afghanistan operations and $925 million for Iraq operations. 

Defense-wide. The bill would provide $3.46 billion in base budget authority for defense-wide procurement funding, which is $302.7 million above the President's budget request. The bill would: 

•Provide additional funding for procurement related to near-term missile defense capabilities against short-and medium-range threats, including an additional $115 million for the Terminal High Altitude Area Defense (THAAD) system, and $20 million for the Standard Missile-3 (SM-3) for the Aegis Ballistic Missile Defense (BMD) system.

•Transfer $122 million from requested Research and Development funds for long lead procurement of THAAD fire units ($65 million), and SM-3 interceptors ($57 million), in accordance with the law.

•Limit funding obligations for the Aegis combat system until the Navy provides measures of progress in its plan to open the combat systems software and hardware.

•Include reporting requirements for the Department of the Navy to assess a potential third multi-year procurement for the F/A-18 E/F aircraft to help close a projected shortfall of fighter aircraft in the Navy. 

Additionally, the bill would include $3.38 billion in Fiscal Year 2009 procurement for defense-wide, war-related procurement, including $62.5 million for operations in Afghanistan and $187.5 million for operations in Iraq. 

Rapid Acquisition Fund. The bill wouldauthorize $102 million for the Rapid Acquisition Fund, equal to the President's budget request. 
 

Title II - Research, Development, Test, and Evaluation (RDT&E) 

S. 3001would include $79.7 billion in RDT&E base budget authority, which is $117.4 million above the President's budget request. The amount includes $1.8 billion for the Army, $19.4 billion for the Navy, $28.3 billion for the Air Force, $20.9 billion for Defense-Wide activities, and $188.7 million for Operational Test & Evaluation. 

General highlights. The bill would: 

• Fully fund the President's budget request for $3.6 billion for the Army's Future Combat Systems (FCS).
• Provide an additional $430 million for R&D for the Joint Strike Fighter alternative engine.
• Include an additional $350 million for the Transformational Communications Satellite (TSAT) program to address program delays caused by reductions in the budget request.
• Increase the amount and quality of testing performed on force protection equipment before it is deployed to the field.

 

Missile defense programs. The bill would: 

• Authorize $270 million in increases to near-term, missile defense programs to defend against existing short-and medium-range missile threats, including additions of $100 million for the Aegis Ballistic Missile Defense (BMD) system; $115 million for the Terminal High Altitude Area Defense (THAAD) system; $28 million for Short-Range BMD; $30 million for a follow-on to Israel's Arrow missile defense system; and more than $20 million for Army BMD technology development programs.
• Offset the funding increases for near-term missile defense programs and other priority programs by reducing lower priority and far-term missile defense programs, including the following reductions: $45 million from Airborne Laser funds; $50 million from the Space Tracking and Surveillance System; $50 million from the Multiple Kill Vehicles program; $100 million from MDA Special Programs; $45 million from the Kinetic Energy Interceptor Program; $30 million from the BMD System Core; and $10 million for the proposed Space Test-bed.
• Require the Director of Operational Test and Evaluation (DOT&E) to evaluate testing conducted on the Airborne Laser (ABL) and prohibit the use of funds to procure a second ABL aircraft until the Secretary of Defense certifies that the ABL has a high probability of being operationally effective, suitable, survivable, and affordable.
• Limit the use of funds for construction and deployment activities for the proposed European missile defense system until two conditions are met: the European government (including parliament) gives final approval and 45 days have elapsed after Congress receives the report required in the National Defense Authorization Act for Fiscal Year 2008. It also would limit the use of funds for acquisition, other than initial long-lead procurement, or deployment of the interceptor planned for Europe until the Secretary of Defense certifies that the interceptor has demonstrated a high probability of accomplishing its mission in an operationally effective manner.
• Require the next administration to conduct a full review of U.S. ballistic missile defense policy and strategy.
• Require independent assessments of boost-phase missile defense programs, and of the feasibility and advisability of developing a space-based interceptor system for missile defense.

 

Science and technology initiatives. S. 3001 authorizes over $11.8 billion for the Defense Science and Technology programs, which is nearly $400 million over the President's request. The bill would include increased funding above the President's request for the development of advanced technologies to support current operational needs and develop new capabilities to defeat emerging threats, including: 

• Nearly $50 million for next generation manufacturing research and technologies, including nanomanufacturing and rapid prototyping systems, to support the defense industrial base and its ability to meet urgent defense production requirements.
• Over $100 million for advanced energy and power technologies, including programs to develop hybrid engines and biofuels for military systems.
• Supporting fully the Secretary of Defense's initiative to increase basic research investments and nearly $50 million in additional funding.

 

The bill also includes several provisions to improve the DOD's ability to procure and use power and electric technologies for military systems and operations.

 

In addition to the base funding for RDT&E, the bill would authorize war-related spending for RDT&E, including $60 million related to operations in Afghanistan and $140 million related to operations in Iraq.

 

Operations and Maintenance

S. 3001would authorize $154 billion for operations and maintenance, which is $825.5 million below the base budget request. 

General highlights.The bill would: 

• Fully fund Army readiness and depot maintenance programs.
• Add $75 million for Army equipment redistribution expenses and for reducing ammunition inspection backlogs.
• Increase by $7.8 million funds for the restoration and modernization of Army barracks.
• Authorize an increase of $63 million for Navy aircraft depot maintenance.
• Provide an additional $96.9 million for Air Force B-52 flying hours and depot maintenance, the number one priority on the Air Force Unfunded Priorities List.
• Authorize an increase of $2.8 million for the National Security Space Institute for key programs on the Chief of Staff of the Air Force's Unfunded priorities list.
• Provide $13.7 million to resume recovery operations in North Korea for prisoners of war/missing in action (POW/MIA) personnel.
• Authorize an increase of $16.2 million to accelerate the development and fielding of the Defense Readiness Reporting System.
• Add $20 million for the Readiness and Environmental Protection Initiative to fund priority projects that benefit critical mission training sites.

 

The bill includes an additional war-related funding authority for Operation and Maintenance, including $11.8 billion for operations in Afghanistan and $35.1 billion related to operations in Iraq.

 

Title IV - Military Personnel Authorizations

End strength. The bill would: 

• Authorize the following end strengths for Active Duty personnel by the end of Fiscal Year 2009: 532,400 for the Army, which is consistent with the President's request; 325,300 for the Navy, which is consistent with the President's request and 3,798 less than Fiscal Year 2008 authorization; 194,000 for the Marine Corps, which is consistent with the President's request and 5,000 more than the Fiscal Year 2008 authorization; and 316,771 for the Air Force, which is 171 more than the President's request and 12,792 less than the Fiscal Year 2008 authorization.
• Authorize an end strength of 352,600 for the Army National Guard, which is equal to the President's request. The bill also would authorize the following end strengths for selected reserve personnel by the end of Fiscal Year 2009, consistent with the President's request: 205,000 Army Reserve; 66,700 Navy Reserve; 39,600 Marine Corps Reserve; 106,756 Air National Guard; 67,400 Air Force Reserve; and 10,000 Coast Guard Reserve.
• Authorize an increase of 3,371 full-time personnel above the budget request for the Army National Guard and the Army Reserve.
• Authorize total end strength levels through the regular budget, rather than through a combination of emergency supplemental appropriations and the regular budget.

 

Authorization of appropriations.S. 3001 would authorize a total of $125 billion in appropriations for the DOD for military personnel, including costs of pay, allowances, bonuses, death benefits, and permanent change of station moves. Specifically, the bill would: 

• Include $114.15 billion in base budget authority for military personnel.
• Provide a reduction of $1.1 billion to reflect anticipated unobligated balances for Fiscal Year 2009, consistent with Government Accountability Office estimates.
• Authorize an increase of $316 million to increase the pay raise for military personnel by an additional 0.5 percentage point, to provide an overall pay raise of 3.9 percent.
• Include $12.5 million in additional funding for increased active-duty Air Force end strength levels.
• Authorize an increase of $3.3 million to reflect increased Air National Guard end-strength levels.

 

 

Title V - Military Personnel Policy

Military Family Readiness. S. 3001 includes a provision that would authorize the Secretary of Defense to carry out programs to provide training and education to spouses and members of the armed forces on active duty who are pursuing portable careers. 

Department of Defense dependents' education assistance program. The bill includes a provision to that would authorize $30 million to continue the DOD assistance program to local educational agencies that are impacted by enrollment of dependent children of military members and civilian employees of the DOD. The bill also would authorize $10 million in special assistance to local education agencies with significant enrollment changes due to base closures, force structure changes, or force relocations. Further, it would authorize $5 million in impact aid for children with severe disabilities. 

Prevention of suicides. S. 3001 includes a provision that would require the Secretary of Defense to develop a comprehensive policy designed to prevent suicide by members of the armed forces.

 

Addressing the changing role and missions of the National Guard and Reserves. S. 3001 includes provisions that would: 

• Authorize National Guard officers, not just those officers in command, to retain their state status while serving on active duty when authorized by the President and with the consent of their Governor.
• Authorize the promotion of National Guard and Reserve officers selected for a vacancy promotion and who are ordered to Active Duty in support of a contingency operation.
• Clarify the funding limitations for the National Guard Youth Challenge Program.
• Require the Secretary of Defense, in consultation with the Chairman of the Joint Chiefs and the Chief of the National Guard Bureau, to develop a strategic plan to enhance the role of the National Guard and Reserves, taking into account the report of the Commission on the National Guard and Reserves and the recently-introduced National Guard Empowerment Act and State-National Defense Integration Act of 2008.
• Require the Secretary of Defense to provide a report on the implementation of the Yellow Ribbon Reintegration Program for National Guard and Reserve personnel.

 

Additional provisions in the bill would: 

• Increase from six to eight years the maximum period of reenlistment of regular members of the armed forces.
• Increase in the mandatory retirement age from age 60 to age 62 for certain reserve component officers.
• Authorize reserve component chaplains and medical officers to be retained in an active status until the date the officer turns 68.
• Authorize up to 21 days of paternity leave for male service members.
• Require the Secretary of Defense to review DOD and military service policies on the deferment of deployment of female service members following the birth of a child.

 

Title VI - Compensation and Other Personnel Benefits

3.9 percent military pay raise.S. 3001 would authorize a 3.9 percent across-the-board pay raise for military personnel (rather than the 3.4 percent requested by the President), effective January 1, 2009. 

Bonuses and special pays.The bill would reauthorize the payment of more than 25 types of bonuses and special pays, for encouraging recruitment and retention, including the Selected Reserve reenlistment bonus and affiliation or enlistment bonus, the Ready Reserve enlistment and reenlistment bonuses, the prior service enlistment bonus, the enlistment and reenlistment bonuses for active duty members, and the retention bonus for service members with critical military skills. 

• Bonus for uniformed psychologists.The bill would authorize an accession bonus and multi-year retention bonus for uniformed psychologists. The maximum accession bonus is $400,000 for a minimum four-year commitment, and the maximum retention bonus is $25,000 per year for up to four years.
• Health professionals' stipend. S. 3001would authorize an increase in the stipend for baccalaureate students in nursing or other health care professions to match the stipend paid under the Armed Forces Health Professions Scholarship Program.
• Foreign language study stipend.The bill includes a provision that would authorize a new incentive pay to individuals pursuing foreign language proficiency while enrolled in Senior Reserve Officers' Training Corps or the Marine Corps Platoon Leaders Class. 

Burial flag for surviving spouse and children. S. 3001 would authorize the presentation of a burial flag to the surviving spouse and children of a deceased service member when the surviving spouse is not otherwise entitled to a flag as the person designated to direct the disposition of the remains. 

Sole survivor separations. S. 3001 would provide service members separated under the Department's sole surviving son or daughter policy with separation pay, transitional health care, and transitional commissary benefits. 

Pilot program on career flexibility. S. 3001 would authorize pilot programs that allow secretaries of military departments to evaluate the need for more flexibility in career progression of service members by allowing a limited number of service members to leave active service for up to 3 years, and return at the same grade and years of service they held prior to leaving active duty.

 

Title VII - Health Care Provisions

S. 3001 would: 

• Authorize $26.1 billion for the Defense Health Program, which includes the $1.2 billion necessary to cover the rejection of the Administration's proposal to raise TRICARE fees.
• Require the Secretary of Defense to calculate the amount of monthly premiums paid by members of the Selected Reserve for health care coverage under the TRICARE Reserve Select program based on actual costs of the preceding years.
• Require the secretary of each military department to provide annual medical and dental examinations and restorative care to certain reserve component individuals and units to ensure medical and dental readiness for deployment; clarify that the use of available operation and maintenance funds is authorized for medical and dental care to meet readiness standards for members of the Ready Reserve who have been notified that they will be mobilized; and authorize the Secretary of Defense to waive copayments for members of the Selected Reserve enrolled in the TRICARE dental insurance program during a time of national emergency.
• Authorize additional health care studies and demonstrations, including projects which provide incentives for health promotion, rewards to high quality health care providers, improved medical and dental readiness of the reserves, and provision of a stipend for family members of mobilized reservists to maintain their private health care insurance.
• Require a Comptroller General study on the Active and Reserve medical personnel requirements, shortfalls, and actions needed to resolve medical personnel shortages.

 

Title VIII - Acquisition Policy and Management

• Cost controls for major weapons systems. S. 3001would require the secretaries of military departments to establish configuration steering boards (CSBs) to review any new requirements that could add to the costs of major weapons systems. 
   
• Ethics standards. The bill includes a provision that would require DOD to establish ethics standards to prevent personal conflicts of interest by contractor employees who perform acquisition functions on behalf of the DOD.
   
• Limits on operations of private security contractors. S. 3001 would ensure that private security contractors do not perform inherently governmental functions in an area of combat operations by codify existing DOD standards, which state that security operations are inherently governmental, if they will be performed in highly hazardous public areas where the risks are uncertain and could reasonably be expected to require deadly force that is more likely to be initiated by contractor personnel than by others.
   
• Enhanced contractor requirements relating to alleged crimes by or against contractor personnel in Iraq or Afghanistan. The bill would require DOD to take steps to ensure that contractor employees who are the victims of sexual assault and other crimes in Iraq and Afghanistan receive the needed assistance.
   
• Report on DOD contracting officer representatives (CORs).The bill includes a provision that would require the Secretary of Defense to report to the Committees on Armed Services of Congress by September 30, 2008 on the steps the Department is taking to ensure that it can field an adequate number of trained CORs to monitor the performance of contracts in the U.S. and overseas.

 

Title IX - Department of Defense Organization and Management

Space posture review. S. 3001 would require the next administration - the Secretary of Defense, in consultation with the Director of National Intelligence - to conduct a comprehensive review of the space posture of the United States by December 1, 2009. 

Financial management.The bill would require military departments to establish Business Transformation Offices to serve as a central focus for the reform of their business and financial systems and processes. 

Energy Considerations in Weapons Systems Development. S. 3001includes a provision that would require the DOD to develop a plan that would require program managers to incorporate energy efficiency requirements into the key performance parameters in the acquisition of military weapons systems and provide an annual report to Congress on DOD's plans and accomplishments.

 

Title X - General Provisions

S. 3001 would: 

• Authorize Fiscal Year 2009 transfer authority to DOD for amounts up to $5 billion for transfer of funds to unforeseen higher priority needs in accordance with reprogramming procedures.
• Authorize a two-year extension of DOD's authority to use counterdrug funds to support the unified campaign against narco-terrorists in Colombia.
• Authorize the U.S. contribution to NATO common-funded budgets for Fiscal Year 2009, including the use of unexpended balances from previous years.
• Prohibit contractor employees from conducting interrogations of detainees during or in the aftermath of hostilities. This provision would be effective one year after the date of the bill's enactment, to provide DOD time to comply.
• State the Sense of Congress on nuclear weapons management and the need to ensure greater attention to nuclear matters at the programmatic and policy levels.
• Require a report on the modifications of detention operations in Iraq since January 1, 2007, which aimed to incorporate counterinsurgency doctrine and to capture lessons learned for DOD detention doctrine, training, and practices worldwide.
• Require a report on Prompt Global Strike concepts to be included in the Fiscal Year 2010 budget request.

 

Wounded Warrior Provisions. The bill includes provisions that would: 

• Clarify the requirement that DOD and the Department of Veterans Affairs (VA) utilize the VA presumption of sound condition when establishing eligibility of members of the armed forces for retirement and disability.
• Increase the responsibilities of the Wounded Warrior Resource Center, to include referrals for legal assistance.
• Authorize the DOD Post-Traumatic Stress Disorder/Traumatic Brain Injury (PTSD/TBI) Center of Excellence to conduct pilot programs to improve treatment and care for TBI.
• Require the Secretaries of Defense and VA to establish jointly a center of excellence in the mitigation, treatment, and rehabilitation of traumatic extremity injuries and amputations.
• Require the Secretaries of Defense and VA to continue the operations of the Senior Oversight Committee to oversee the implementation of Wounded Warrior initiatives until September 30, 2011.

 

Title XI - Department of Defense Civilian Personnel Policy

S. 3001 would: 

• Codify the requirement for a DOD Strategic Human Capital Plan, including shaping and improving the defense acquisition workforce.
• Clarify streamlined hiring practices under the National Security Personnel System.
• Grant DOD temporary authority for direct hiring of DOD health care professionals.
• Authorize additional life insurance election options and coverage for federal civilians working in support of CENTCOM operations, as recommended by the Gansler Commission.
• Authorize a permanent extension of DOD voluntary Reduction in Force authority.
• Authorize waiving the limitation on pay for federal civilians working in support of CENTCOM operations, as recommended by the Gansler Commission.

 

Title XII - Matters Relating to Other Nations

Capacity building of friendly nations to conduct military operations and combat terrorism. The bill includes provisions that would: 

• Extends and increases funding for DOD to support State Department security and stabilization assistance efforts.
• Extends and enhances DOD authorities to train and equip foreign military forces and other counterterrorism forces.
• Increase funds available for the Regional Defense Combating Terrorism Fellowship Program from $25 to $35 million.
• Extend the authority to the Special Operations Command to train and equip forces supporting or facilitating special operations forces in ongoing military operations and authorize an increase in annual funding from $25 million to $35 million.
• Authorize DOD to distribute electronically training materials to enhance the interoperability between foreign military and civilian personnel and U.S. forces.
• Authorize permanently the participation of DOD personnel in the NATO multinational military centers of excellence.

 

Stabilization assistance. S. 3001 would extend authority and increase funding for DOD to support State Department security and stabilization efforts. 

Waiver of certain sanctions against North Korea.The bill includes a provision that would grant the President limited authority to waive the application of sanctions under the Arms Export Control Act to allow the Department of Energy (DOE) and DOD to carry out work necessary to implement the Joint Statement for denuclearizing North Korea.

 

Title XIII - Cooperative Threat Reduction 

S. 3001 wouldauthorize $434.1 million for the DOD's Cooperative Threat Reduction (CTR) program, which is an increase of $20 million above the President's request. This increased funding includes $10 million for new activities in states outside of the former Soviet Union, $9 million for nuclear weapons storage security in Russia, and $1 million for additional expenses associated with the Russian chemical weapons destruction activities.

 

Title XIV - Other Authorizations

DOD Inspector General (IG). The bill would provide an additional $26 million for the DOD IG unfunded requirements to increase oversight related to the global war on terror, contract management and acquisitions and audits to identify potential waste, fraud, and abuse. 

Destruction of chemical weapons stockpile.The bill would authorize $1.5 billion for chemical demilitarization, and includes a provision stating the sense of Congress that the United States should make every effort to meet its legal obligation under the Chemical Weapons Convention to destroy its entire stockpile of chemical weapons by April 2012, or as soon as possible thereafter. It also would urge that DOD budget sufficient funds for this purpose and consider options for accelerated destruction.

 

Title XV - Authorization of Additional Appropriations for Operations in Afghanistan

This title authorizes $19.9 billion for operations in Afghanistan for Fiscal Year 2009. 

Procurement. The bill includes additional Fiscal Year 2009 for the procurement of war-related items as follows: 

• $1.8 billion for the Army;
• $387.5 million for the Navy and Marine Corps ;
• $575 million for the Air Force;
• $62.5 million for Defense-wide activities; and
• $750 million for the Joint Improvised Explosive Device Defeat Fund (JIEDDF)

 

Research, Development, Test, and Evaluation (RDT&D). S. 3001would authorize an additional $60 million for Fiscal Year 2009 for war-related research and development expenses. 

Operation and Maintenance.The bill would authorize an additional $11.8 billion for Fiscal Year 2009 war-related operation and maintenance expenses. 

Military personnel. S. 3001would authorize $750 million for Fiscal Year 2009 war-related military personnel expenses of the active and reserve components, including mobilization costs for Reserve and National Guard forces. 

Working capital Funds.The bill includes $250 million for Fiscal Year 2009 war-related capital fund expenses of the DOD. 

Afghanistan Security Forces Fund. S. 3001includes a provision that would authorize an additional $3 billion for the Fund. 

Special Transfer Authority.The bill includes a provision that would authorize the transfer of up to $3 billion of war-related funding authorizations to the related accounts in Title XVI (related to Iraq war funding). It states that no more than $300 million could be transferred to the Iraqi Security Forces fund under this authority. 

Future budgets for Afghanistan operations.The bill includes a provision that would require the Secretary of Defense to identify separately the funding requested for operations in Afghanistan in any future annual or supplemental budget request.

 

Title XVI - Authorization of Additional Appropriations for Operations in Iraq

This title authorizes $49.6 billion in additional funding for operations in Iraq. 

Procurement.The bill includes additional Fiscal Year 2009 for the procurement of war-related items as follows:

• $5.5 billion for the Army;
• $1.2 million for the Navy and Marine Corps ;
• $950 million for the Air Force;
• $187.5 million for Defense-wide activities;
• $500 million for Mine Resistant Ambush Protected (MRAP) vehicles; and
• $2.25 billion for the Joint Improvised Explosive Device Defeat Fund (JIEDDF).

 

Research, Development, Test, and Evaluation (RDT&D). S. 3001would authorize an additional $140 million for Fiscal Year 2009 for war-related research and development expenses. 

Operation and Maintenance.The bill would authorize an additional $35.2 billion for Fiscal Year 2009 war-related operation and maintenance expenses. 

Military personnel. S. 3001would authorize $2.3 billion for Fiscal Year 2009 war-related military personnel expenses of the active and reserve components, including mobilization costs for Reserve and National Guard forces. 

Working capital Funds.The bill includes $750 million for Fiscal Year 2009 war-related capital fund expenses of the DOD. 

Defense Health Program. S. 3001 includes a provision that would authorize an additional $460 million for this program. 

Iraq Security Forces Fund.The bill would authorize an additional $200 million for Fiscal Year 2009 expenses related to this Fund. It includes provisions that authorize the transfer of funds from this account to other DOD accounts; require prior notice to Congress before obligation of these funds; and prohibit the use of funds for infrastructure programs for Iraqi security forces. 

Iraq Freedom Fund.The bill would provide an additional $150 million for expenses related to this Fund. It also would authorize the transfer of funds from this account to other DOD accounts and require prior notice to Congress before obligation of these funds. 

Limitation on Reconstruction funds.S. 3001 includes a provision that would prohibit the use of funding authorized by the bill to pay for any large-scale infrastructure project that is started after the date of enactment of this Act. The provision also would require the U.S. government to begin negotiating an agreement with the Iraqi government to share the costs of joint operations between the Government of Iraq and Multinational Forces Iraq and also require that Iraqi funds are used to pay the cost of training, equipping, and sustaining the Iraqi Security Forces and the costs associated with the Sons of Iraq. 

Future budgets for Afghanistan operations.The bill includes a provision that would require the Secretary of Defense to identify separately the funding requested for operations in Afghanistan in any future annual or supplemental budget request.

 

DIVISION B

Division B of this act would authorize $24.8 billion in base budget funding for military construction and housing projects of the DOD for Fiscal Year 2009 and also provide an additional $500 million in Title XXIX war-related construction funds. This amount is $405 million above the President's requested amount: itwould provide an increase of $596.6 million for additional construction projects and a reduction of $191.6 million for unjustified or lower priority projects.

 

Title XXI - Army 

The bill would authorize $4.6 billion for military construction in base budget funding, which is $31.6 million above the President's request. It also would provide $1.4 billion for family housing construction and operations, which is equal to the requested amount.

 

Title XXII - Navy 

S. 3001would provide $3.1 billion for military construction, which is $29.23 million more than the President's request and $758.9 million for family housing construction and operations, which is equal to the President's request.

 

Title XXIII - Air Force 

The bill would authorize $1.06 billion for military construction, which is $127.2 million above the President's request and $995.3 million for family housing construction and operations, which is equal to the President's request.

 

Title XXIV - Defense Agencies 

Military Construction. S. 3001 would provide$1.8 billion for military construction, which is $17.2 million below the President's request. It would authorize the construction of a European-based missile defense system, including an interceptor site in Poland and a radar site in the Czech Republic, subject to the conditions set forth in section 232. 

Chemical Demilitarization Construction.The bill includes $144.3 million for this construction, which is $10 million above the requested amount. 

Family housing programs. S. 3001would provide a total of $54.6 million, as requested, for three programs as follows: 

• $49.2 million for the Defense Agencies Family Housing Operations;
• $4.5 million Homeowners Assistance; and
• $850,000 for the Family Housing Improvement Fund.

 

Title XXV - North Atlantic Treaty Organization Security Investment Program

The bill would authorize $240.9 million for the NATO Security Investment Program, which is equal to the requested amount.

 

Title XXVI - National Guard and Reserve Forces Facilities

S. 3001 would authorize a total of $1.2 billion, which is $224.2 million above the President's request, for acquisition and construction of facilities for use by the National Guard and Reserve, including the following: 

•$634.4 million for the Army National Guard, which is $95.1 million above the President's request;

•$281.6 million for the Army Reserve, equal to the request;

•$57.04 million for the Naval and Marine Corps Reserve, equal to the request;

•$156.1 million for the Air National Guard, which is $121.75 million above the requested amount; and

•$26.6 million for the Air Force Reserve, which is $7.3 million above the requested amount.

 

Title XXVII - Base Closure and Realignment Activities

The bill would authorize full funding of the $9.45 billion requested to implement the results of the Defense Base Closure and Realignment (BRAC), which includes $393.3 million for BRAC IV and $9.1 billion for BRAC 2005 for Fiscal Year 2009.

 

Title XXIX - War-Related Military Construction Authorizations

The bill would authorize an additional $500 million for additional Fiscal Year 2009 war-related construction funding, including $450 million for Army construction and $50 million for Navy construction.

 

DIVISION C - DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS

Title XXXI - Department of Energy (DOE) National Security Programs 

This title would authorize a total of $16 billion for atomic energy defense activities of DOE for Fiscal Year 2009, which is equal to the President's budget request and 5.6 percent above last year's authorization. 

National Nuclear Security Administration.S. 3001 would authorize $9.6 billion for the National Nuclear Security Administration (NNSA), which is $544.6 million above the requested amount, including the following: 

• Nonproliferation: a total of $1.8 billion for defense nuclear nonproliferation activities, which is $552 million above the combined budget request.
• Weapons activities:$6.6 billion for weapons activities of the NNSA, which is $7.4 million below President Bush's budget request.
• Naval reactors:$828.1 million in funds for Naval reactors, as per the President's request.
• Office of Administration:$404.1 million for the Office of Administration, which is equal to the President's request.
• Defense environmental cleanup:$5.3 billion for defense environmental cleanup, equal to the budget request.
• Other defense activities:$826.5 million for other defense activities, which is $487 million below the budget request.
• Defense nuclear waste disposal: $197.4 million for defense nuclear waste disposal, which is $50 million below the requested amount.
• Energy supply:no funding for energy supply, which is a reduction of $7.6 million from the requested amount.

 

Program Authorizations, Restrictions, and Limitations

• Reliable Replacement Warhead program. The bill would authorize the requested amount for RRW at the National Nuclear Security Administration, while reducing Navy RRW funding by $23 million below the requested amount. 
• Review and reports on Global Initiatives for Proliferation Prevention (GIPP) program. The bill includes a provision that would direct the Administrator to conduct a review of the GIPP program and submit a report on the review to congressional defense agencies no later than February 1, 2009.

 

Title XXXII - Defense Nuclear Facilities Safety Board

S. 3001would authorize $29 million to the Board, which is $3 million above the President's requested amount.
 

Legislative History

On May 12, 2008, Senate Armed Services Committee favorably reported S. 3001, the National Defense Authorization Act for Fiscal Year 2009 (Senate Report 110-335). The House of Representatives passed H.R. 5658, the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009, on May 22, 2008 by a vote of 384 to 23. 

Previous Votes

On October 1, 2007, the Senate passed H.R. 1585, the National Defense Authorization Act for Fiscal Year 2008, with an amendment by a vote of 92-3. On December 12, 2007, the conference report for the bill was agreed to in the House by a vote of 370-49 and on December 14, the conference report was agreed to in the Senate by a vote of 92-3. On December 28, 2007, the President vetoed the bill. 

On January 1, 2008 the House of Representatives passed H.R. 4986, the National Defense Authorization Act for Fiscal Year 2008, by a vote of 369 to 46. On January 22, 2008, the Senate passed H.R. 4986 by a vote of 91-3. The President signed the bill into law on January 28, 2008. 

On June 6, 2006, the Senate passed S. 2766, the John Warner National Defense Authorization Act for Fiscal Year 2007, by a vote of 96 to 0. On September 29, 2006, the conference report for the substitute bill, H.R. 5122, was agreed to in the House by a vote of 398 to 23. On September 30, 2006, the Senate agreed to the conference report by unanimous consent.

 

Statement of Administration Policy

On May 22, 2008, the Bush Administration issued a Statement of Administration Policy (SAP) for the House version of H.R. 5658,the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009, which outlined a number of "significant concerns" with the House-passed bill. This SAP can be accessed on the Office of Management and Budget's website: (http://www.whitehouse.gov/omb/legislative/sap/110-2/saphr5658-h.pdf). No SAP has been issued yet for the Senate version of the bill. 

Possible Amendments

The DPC will circulate information about possible amendments as it becomes available.

DPC