On Wednesday, July 18, 2012, the House began consideration of H.R. 5856, the Department of Defense Appropriations Act of 2013, under an open rule. The bill was introduced on May 25, 2012, by Rep. C.W. Bill Young (R-FL) and referred to the Committee on Appropriations. The bill is being considered under an open rule (H.Res. 717) providing for one hour of general debate equally divided and controlled by the chair and ranking minority member of the Committee on Appropriations.

H.R. 5856 would provide a total of $519.2 billion in regular discretionary budget authority for the Department of Defense (DoD) in fiscal year 2013. Regular DoD budget authority in the bill represents an increase of $1.1 billion or above last year’s spending level and $3.1 billion above the level requested by the President for FY 2013. H.R. 5856 would contribute to an overall level of discretionary budget authority of $1.028 trillion for FY 2013 as contained in H.Con.Res. 112, the Concurrent Resolution on the Budget for Fiscal Year 2013.

In addition to regular DoD discretionary spending, H.R. 5856 would provide $88.5 billion in Overseas Contingency Operations (OCO) funding to continue to carry out the global war on terrorism, primarily through ongoing military operations in Afghanistan. Due to the strategic drawdown of U.S. forces, spending for overseas operations is $26.6 billion or 23 percent below the level of OCO funding in FY 2012. Overseas funding for the war on terrorism is effectively the same as the amount contained in the President’s budget request. When regular DoD funding and emergency contingency operations funds are combined, H.R. 5856 provides a total of $607.7 billion, about $25 billion below the amount of funding provided in FY 2012. As always, OCO funding contained in the legislation is not counted against overall discretionary caps contained in the FY 2013 budget resolution.

The bill would provide $128.46 billion to support 1,401,560 active-duty troops and 843,400 reserves, for a total military strength of 2,224,960. Under the legislation, military personnel would receive a 1.7 percent pay increase beginning on January 1, 2013. In addition the bill would provide $102.5 billion for military equipment procurement and $175.16 billion for DoD operations and maintenance. H.R. 5856 would also include provisions to prohibit funding for transfers of Guantanamo detainees to the U.S. or its territories, prohibits funding to modify any facility in the U.S. to house detainees, and places conditions on the release of detainees to other countries.

The following is a summary of the spending highlights and other provisions in the bill:

Military Personnel

H.R. 5856 would provide $128.46 billion in FY 2013 funding for military personnel, which is a reduction of $2.6 billion below last year, and an increase of $32 million compared to the President’s request. Funding in the bill would provide for 1,401,560 active-duty troops and 843,400 reserves.  In addition, the bill would also include a 1.7 percent pay raise for the military, which is in-line with pending Defense authorization legislation. Generally, military personnel spending provides funds for pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for active duty personnel and the reserve corps.

Personnel Levels: H.R. 5856 would provide for personnel levels slightly above the President’s request. The fiscal year 2013 budget request includes a decrease of 21,600 in total end strength for the active forces and a decrease of 9,700 in end strength for the Selected Reserve as compared to the fiscal year 2012 authorized levels. The bill would provide for total military personnel levels that are 6,000 above the request. Funding in the bill would provide for 1,401,560 active-duty troops and 843,400 reserves, for a total strength of 2,224,960.  

Military Pay Raise: H.R. 5856 would provide a 1.7 percent base pay raise for military personnel, effective January 1, 2013, which is in line with pending Defense Authorization legislation.

Operations and Maintenance

H.R. 5856 would provide $175.16 billion in discretionary spending for DoD operations and maintenance, an increase of $12 billion above FY 2012 levels and $220 million above the President’s request. The funds provide for the costs of operating and maintaining the military, including the reserves and related support activities of the DoD such as flight time and battle training, equipment and facility maintenance, and base operations. The operations and maintenance account also provides funding for civilian pay, services for maintenance, and spare parts for weapons and equipment. The bill would not include a civilian pay raise. According to the Committee on Appropriations, funding in the bill includes $589 million ($850 million bill-wide) to “pause” retirements and reassignments of Guard and Reserve aircraft until Congress and GAO review the cost-benefit analyses of the Air Force’s proposal, $133 million ($278 million bill-wide) to maintain the Global Hawk Block 30 aircraft, and $1.5 billion to restore unrealistic cuts to facility sustainment and base operating support.

Procurement

H.R. 5856 would provide $102.5 billion for military equipment procurement, a reduction of $2.1 billion below last year’s levels and an increase of $875 million above the President’s request. Procurement funding pays for new equipment and upgrades to ensure that our military forces have the platforms, weapons, and other equipment they need to train, maintain military infrastructure, and conduct successful operations. According to the House Appropriations Committee, highlights of Defense procurement spending include the following:

• $15.2 billion to procure 11 Navy ships, including three DDG-51 Destroyers and advance procurement for two SSN-774 Attack Submarines in fiscal year 2014;
• $5.2 billion for 29 F-35 aircraft;
• $3.6 billion for 12 E/A-18G Growlers and 37 F/A-18E/F Hornet aircraft, including advance procurement for 15 additional E/A-18G Growlers;
• $2.5 billion for 69 UH-60 Blackhawk and 42 MH-60S/R helicopters;
• $2.0 billion for the National Guard and Reserve Equipment Account; $1.7 billion for four Evolved Expendable Launch Vehicles;
• $1.2 billion for 14 C-130J variants; and
• $677 million ($792 million bill-wide) to maintain and modernize three Navy cruisers slated for decommissioning.  

Research, Development, Testing, and Evaluation

H.R. 5856 would provide $69.98 billion for the DoD’s research, development, testing, and evaluation (RDTE) efforts, a reduction of $2.4 billion below last year’s funding level and an increase of $576 million above the President’s requested level. This funding for basic and applied science research is specifically meant to advance the safety and success of current and future military operations, and help prepare our forces with the systems and equipment necessary to meet potential challenges. According to the Committee on Appropriations, the bill funds continued research and development of the F-35 Joint Strike Fighter, the KC-46A tanker program, the P8-A Poseidon, the new Air Force bomber program, the Broad Area Maritime Surveillance (BAMS) Unmanned Aerial Vehicle, the Navy Unmanned Combat Air Vehicle, the Ohio class submarine replacement, the Army and Marine Corps Joint Light Tactical Vehicle, the Army Ground Combat Vehicle, the Israeli Cooperative Program, and other development programs.

Defense Health Programs

H.R. 5856 would provide $32.8 billion for DoD health programs, and increase of $380 million above last year and $333 million above the President’s request. According to the House Appropriations Committee, funding for DoD health programs includes $246 million for cancer research, $245 million for medical facility and equipment upgrades, $125 million for traumatic brain injury and psychological health research, and $20 million for suicide prevention outreach programs. The legislation also includes $2.3 billion for family support and advocacy programs.

Contingency operations and Overseas Deployment

In addition to regular DoD discretionary spending, H.R. 5856 would provide $88.5 billion in Overseas Contingency Operations (OCO) funding to continue to carry out the global war on terrorism, primarily for ongoing military operations in Afghanistan. Due to the strategic drawdown of U.S. forces, spending for overseas operations is $26.6 billion or 23 percent below the level of OCO funding in FY 2012. Overseas funding for the war on terrorism is the same as the amount contained in the President’s budget request. This reduction in OCO funding reflects the cessation of U.S. combat operations in Iraq by the end of the first quarter of FY2012 and the reduction of the number of U.S. troops in Afghanistan, by the end of FY2012, to 68,000 personnel, thus ending the “surge” into that country of 33,000 additional U.S. troops announced by President Obama on December 1, 2009.

Other Provisions

Guantanamo Bay Detainees: H.R. 5856 would prohibit funding for transfers of Guantanamo detainees to the U.S. or its territories, prohibits funding to modify any facility in the U.S. to house detainees, and places conditions on the release of detainees to other countries. These provisions are virtually identical to language contained in the FY 2011 Defense Appropriations legislation.

Reductions From the President’s Request: H.R. 5856 includes a number of provisions that reduce spending for DoD programs relative to the President’s budget request. In order to achieve savings from the President’s request, the bill makes a number of reductions from areas that will not affect the safety or success of our troops and missions, while also increasing overall funding for DoD activities above last year.  According to the House Appropriations Committee, some of these reductions include: -$2.5 billion in excess carryover funding from the Army Working Capital Fund; -$400 million in savings from the termination of the Medium Extended Air Defense System; -$500 million in savings from Marine Corps Field Logistics due to reduced force levels; and -$1.6 billion in savings from rescissions of unused prior-year funding.

According to CBO, H.R. 5856 would provide a total of $519.2 billion in basic, discretionary budget authority for the Department of Defense (DoD) in fiscal year 2013. In addition to regular DoD discretionary spending, H.R. 5856 would provide 88.5 billion in Overseas Contingency Operations (OCO) funding to continue to carry out the global war on terrorism, primarily for ongoing military operations in Afghanistan.