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Published:December 11th, 2007 07:20 EST
Analysis of Defense Authorization Conference (HR 1585)

Analysis of Defense Authorization Conference (HR 1585)

By SOP newswire

HIGHLIGHTS OF THE CONFERENCE AGREEMENT ON THE FISCAL YEAR 2008 DEFENSE AUTHORIZATION BILL (H.R. 1585/S. 1547)
 
The House and Senate conferees completed their work on H.R. 1585, the FY`08 Defense Authorization bill, on December 6.  The bill includes $506.9 billion for the Department of Defense and the nuclear weapons activities of the Department of Energy.  The bill also authorizes $189.4 billion for military operations in Iraq and Afghanistan.  This funding is NOT counted as part of the $506.9 billion.
 
The full House is expected to take up consideration of the legislation on Tuesday, December 11.
 
 
HIGHLIGHTS
 
Reliable Replacement Warhead (RRW) -- Provides $66 million in funding for the Reliable Replacement Warhead (RRW), $22.8 million below the request, and restricts RRW program activities to phase 2A levels or below, design definition and cost study.
 
DoD Cooperative Threat Reduction Program ( Nunn-Lugar ") -- Increase funding by $80 million from Administration request to $428 million, expanded the program to countries outside the former Soviet Union and repealed all the required annual certifications that encumbered the program.
 
Conventional Trident Conversion Program " The administration requested $175.4 million for research and development and advanced procurement for the Navy`s program to convert a portion of the Trident ballistic missile submarine fleet to launch conventionally armed missiles.  The conference agreement includes no funding for Trident conversion, and allocates $100 million for conventional Prompt Global Strike " program. Under General Provisions, conferees also extended annual reporting requirements on prompt global strike capabilities through 2009.
 
Missile Defenses in Europe " Reduced the budget request of $310.4 million for deployment of the proposed European missile defense system by $85 million to limit the use of funds for construction or deployment until Poland and the Czech Republic approve deployment.
 
National Missile Defense deployment -- Require a certification from the Secretary of Defense that the Block 2006 Ground-based Midcourse Defense (GMD) system is operationally effective before deploying more than 40 Ground-Based Interceptors (GBIs) at Fort Greely, Alaska.
 
Iran missile defense deployment -- State that the policy of the United States is to develop, test, and deploy an effective defense against Iranian ballistic missile threats, and to encourage the North Atlantic Treaty Organization to accelerate its missile defense efforts.
 
End Strengths " The Defense Department plans to permanently increase the active Army`s end strength to 547,000, and the active Marine Corps`s to 202,000 by fiscal year 2012.  This year`s request increases their end strengths by 7,000 and 5,000, respectively.  The Conference agreement speeds the growth of both branches, and increases the Army`s end strength 36,000 above the request (to 525,400), and the Marine Corps 9,000 above the request (to 189,900).
 
U.S. Strategic Posture Commission " Establishes a 12 member congressional commission to look at the strategic posture of the United States in the broadest sense, " meaning that conventional force structures, as well as nuclear force structures, must be included in the overall review and assessment of the strategic posture of the United States. " The commission is asked to include a threat assessment, a detailed review of nuclear weapons policy and strategy, and an examination of non-nuclear alternatives to nuclear weapons (both kinetic and non-kinetic). The Commission`s report would be due December 1, 2008.
 
No Permanent Bases, Control of Oil Resources in Iraq " Prohibits funding being used to establish permanent bases or exercise control over oil resources in Iraq, extending the provision already in effect for FY2007 (Section 1222). However, the bill follows the Senate`s language and only extends the prohibition through FY`08. The House language sought to prohibit funding for these purposes in this or any other act. "
 
Wounded Warriors Act " Creates the Wounded Warrior Resource Center as a single point of contact for service personnel, family members, and caregivers to report issues with facilities, obtain care, and receive benefits information.
 
Nuclear Posture Review " Directs the Secretary of Defense and Secretary of Energy to conduct a review of the nuclear posture of the United States for the next 5 to 10 years. The new nuclear posture review (NPR) would be submitted to Congress in December 2009 (Section 1070). The Bush administration hasn`t conducted a thorough assessment of U.S. nuclear doctrine and policy since the 2001 Nuclear Posture Review.
 
Hate-crimes legislation:  The conference agreement eliminated the Senate-passed hate crimes provision.
 
 
 
 
FUNDING PROVISIONS
 
Total Funding (Function 050)
Request: $507 billion
House: $504 billion
Senate: $520 billion (including $13 billion transferred from Title XV, see below)
Conference: $506.9 billion
 
Procurement
Request: $101.2 billion
House: $102.2 billion
Senate: $109.8 billion
Conference: $99.3 billion
 
Research, Development, Testing & Evaluation
Request: $75.1 billion
House: $73.5 billion
Senate: $74.7 billion
Conference: $73.7 billion
 
Operations & Maintenance
Request: $142.8 billion
House: $142.5 billion
Senate: $143.6 billion
Conference: $142.8 billion
 
Personnel
Request: $116.3 billion
House: $115.4 billion
Senate:
Conference: $117.1 billion
 
Military Construction
Request: $21.2 billion
House: $21.2 billion
Senate: $21.8 billion
Conference: $21.5 billion
NOTE: Includes $8.0 billion for implementation of the recommendations of the 2005 Base Realignment and Closure Commission, $133 million below the request.
 
Department of Energy Defense Activities (Function 053)
Request: $15.86 billion
House: $15.96 billion
Senate: $15.86 billion
Conference: $16.1 billion ($193 million above the request)
 
 
MAJOR WEAPONS SYSTEMS
[Note: Title XV of the bill, which funds ongoing military operations in Iraq and Afghanistan, contains additional funding for a number of these programs.  See below.]
 
Ballistic Missile Defense
Request: $10.4 billion
House: $9.6 billion
Senate: $9.9 billion
Conference: $10.1 billion, $331 million below the request
 
AIRCRAFT
 
F/A-22 Raptor " Fighter
Request: $3.74 billion for 20 aircraft
House: $3.74 billion for 20 aircraft
Senate: $3.74 billion for 20 aircraft
Conference: $3.74 billion for 20 aircraft
 
Joint Strike Fighter
Request: $2.5 billion for six Navy and six Air Force aircraft
House: $2.5 billion for six Navy and six Air Force aircraft
Senate: $2.5 billion for six Navy and six Air Force aircraft
Conference: $2.5 billion for six Navy and six Air Force aircraft, and $197 million for the alternative engine program (not requested).
 
F/A-18E/F Super Hornet " Fighter
Request: $2.1 billion for 24 aircraft
House: $2.1 billion for 24 aircraft
Senate: $2.8 billion for 36 aircraft (additional funds are the result of a transfer from Title XV)
Conference: $2.1 billion for 24 aircraft
 
EA-18G Radar Jamming Aircraft
Request: $1.3 billion for 18 aircraft
House: $1.3 billion for 18 aircraft
Senate: $1.3 billion for 18 aircraft
Conference: $1.3 billion for 18 aircraft
 
V-22 Osprey " Tilt-rotor
Request: $2.3 billion for 21 Navy and 5 Air Force aircraft
House: $2.3 billion for 21 Navy and 5 Air Force aircraft
Senate: $2.3 billion for 21 Navy and 5 Air Force aircraft
Conference: $2.3 billion for 21 Navy and 5 Air Force aircraft
 
C-130J Transport Aircraft
Request: $268 million for 4 Marine Corps KC-130J aircraft, and $800 million for 9 C-130J Air Force aircraft
House: $268 million for 4 Marine Corps KC-130J aircraft, and $800 million for 9 C-130J Air Force aircraft
Senate: $268 million for 4 Marine Corps KC-130J aircraft, and $800 million for 9 C-130J Air Force aircraft
Conference: $265 million for 4 Marine Corps KC-130J aircraft, and $800 million for 9 C-130J Air Force aircraft
 
C-17 Globemaster Transport Aircraft
Request: $260.6 million
House: $260.6 million
Senate: $260.6 million
Conference: $260.6 million
NOTE: See Title XV below
 
SHIPBUILDING
 
DDG-1000 Zumwalt " Destroyer [DD(x)]
Request: $2.8 billion
House: $2.8 billion
Senate: $2.8 billion
Conference: $2.77 billion
 
Carrier Replacement Program (CVN-21)
Request: $5.87 billion for one vessel
House: $5.87 billion for one vessel
Senate: $5.84 billion for one vessel
Conference: $5.84 billion for one vessel
 
LPD-17 San Antonio " Amphibious Assault Ship
Request: $1.7 billion for one vessel
House: $3.4 billion for two vessels
Senate: $1.7 billion for one vessel
Conference: $1.7 billion for one vessel
 
LHA Replacement Vessel (LHA-R)
Request: $1.38 billion
House: $1.38 billion
Senate: $1.38 billion
Conference: $1.38 billion
 
SSN-774 Virginia " Class Submarine
Request: $2.65 billion for one vessel, plus $703 million for advanced procurement of an additional submarine
House: $2.65 billion for one vessel, plus $1.29 billion for advanced procurement of an additional submarine
Senate: $2.65 billion for one vessel, plus $1.17 billion for advanced procurement of an additional submarine
Conference: $2.65 billion for one vessel, plus $1.29 billion for advanced procurement of an additional submarine
 
Littoral Combat Ship (LCS)
Request: $910 million for 3 ships
House: $710 million for 2 ships
Senate: $480 million for 1 ship
Conference: $339 million 1 ship
 
 
 
ARMY PROGRAMS
 
Stryker Interim Armored Vehicle (IAV)
Request: $1.0 billion for 127 vehicles
House: $1.1 billion for 127 vehicles
Senate: $2.1 billion for 390 vehicles (additional funds are the result of a transfer from Title XV)
Conference: $925 million for 127 vehicles
 
Future Combat System
Request: $3.7 billion
House: $2.8 billion, $857 million below request
Senate: $3.7 billion
Conference: $3.4 billion, $229 million below request
 
Armed Reconnaissance Helicopter
Request:  $468.3 million
House: no funding
Senate: $337.3 million
Conference: $175.8 million
 
UH-60 Blackhawk Helicopters
Request: $773.8 million for 42 aircraft
House $955.8 million for 52 aircraft
Senate: $1.3 billion for 42 aircraft
Conference: $955.8 million for 52 aircraft
 
 
 
NON-PROLIFERATION PROGRAMS
 
Dept. of Energy nonproliferation programs
Request: $1.723 billion
House: $1.818 billion
Senate: $1.86 billion
Conference: $1.953 billion, $230 million above the request
 
DoD Cooperative Threat Reduction Program ( Nunn-Lugar ")
Request: $348 million
House: $398 million
Senate: $448 million
Conference: $428 million
 
 
DEPARTMENT OF ENERGY NUCLEAR WEAPONS-RELATED ACTIVITIES
 
National Nuclear Security Administration
Request: $9.4 billion
House: $9.5 billion
Senate: $9.5 billion
Conference: $9.6 billion, $189 million above the request
 
Environmental and Other Defense Activities
Request: $6.4 billion
House: $6.4 billion
Senate: $6.3 billion
Conference: $6.4 billion, $4 million above the request
 
LEGISLATIVE PROVISIONS
 
Pay and Benefits - Authorizes a 3.5 percent across-the-board pay raise for military personnel, 0.5 percent more than the Administration`s request. The pay raise would become effective January 1, 2008.
 
General Transfer Authority " Authorizes $5 billion in transfer authority for shifting money between different DOD accounts.
 
Guard and Reserve Equipment - Provides $980 million for depleted equipment stocks.
 
Airborne Laser Program (ABL) " Provides $513.8 million, $35 million below the request.  The House provided $298.8 million, and the Senate included $348.8 million
 
Increase in Maximum Hardship Duty Pay " Increases the maximum monthly amount of hardship duty pay to $1500 from $750. Hardship duty pay was increased from $300 to $750 in the FY`06 National Defense Authorization bill.
 
Substantial Savings " in Multiyear Contracts as 10 Percent " Defines substantial savings " under section 2360b(a)(1) of title 10, U.S. Code, to mean savings that exceed 10 percent of the total costs of carrying out a weapon acquisition program through annually approved contracts. This provision can be waived if DOD presents an exceptionally strong case. " The historic benchmark for substantial " savings was 10 percent, and U.S.C. 2360b used to contain that definition, but it was removed years ago. The FY`08 Defense Authorization therefore restores the historic definition.
 
Commission on Wartime Contracting in Iraq and Afghanistan " Creates an eight member Commission on Wartime Contracting to review federal contracting for reconstruction in war zones, and to review contracting for logistical support of coalition forces. The Commission`s initial report would be due January 15, 2009.
 
U.S. Space Protection Strategy " Calls on the Secretary of Defense and Director of National Intelligence to set forth the policy of the United States with respect to the priority within the Nation`s space programs on the protection of national security space systems. " The strategy must explain planning through 2025 and the first report on the strategy would be due six months after the date of enactment. The conferees highlighted the growing threat to and vulnerability of " U.S. space assets, especially after the January 11, 2007 Chinese anti-satellite test and other counterspace developments. " Conferees suggest that Space Situational Awareness capabilities could mitigate such vulnerabilities but continue to be under-funded. "
 
Destruction of U.S. Chemical Weapons Stockpile " Conferees included a sense of the Congress that the United States should remain committed to making every effort " to destroy its chemical weapons stockpile by April 2012, the deadline included in the Chemical Weapons Convention. However, conferees included a binding provision that requires the destruction of the stockpile by December 31, 2017. Progress and accelerated funding options " reports, including life cycle cost estimates for each facility, are required to survey what it will take to complete destruction by 2017.
 
Nuclear Power Systems for Major Combatant Naval Vessels " Requires that all new classes of submarines, aircraft carriers, cruisers, large escorts for carrier strike groups, expeditionary strike groups, and vessels comprising a sea base have integrated nuclear power systems. The Navy`s first test under this new requirement will be the next generation cruiser CG(X) (which will now become the CGN(X) " to reflect nuclear power system).
 
Non-Federal Development of Chemical Agent Defense " Authorizes the Secretary of Defense to provide small quantities of toxic chemicals or their precursors to a State or local government, or a private entity incorporated in the United States, for development or testing of material designed to be used for defensive purposes. All such transfers must be consistent with the Chemical Weapons Convention.
 
Prohibition on F-14 Aircraft Fighter Parts - Prohibits the sale and issuance of export licenses for F-14 fighter parts, with an exception for museums and other organizations involved in restoration of aircraft for historical purposes. Conferees encourage DOD to scrap " F-14s, F-14 spare parts, and the tools used to make them.
 
Study on U.S. Airlift Force " Requires the Secretary of Defense to conduct a study on the size and mix of various assets for the Air Force airlift force, with a particular focus on current and planned capabilities and costs of the C "5 aircraft and the C "17 aircraft fleets.
 
WMD Civil Support Teams " Authorizes the creation of two additional Weapons of Mass Destruction Civil Support Teams. These National Guard-equipped and certified teams` mission is to assist local first-responders in determining the nature of a terrorist attacks, provide medical and technical advice, and pave the way for identification and arrival of follow-on assets.
 
Commanders` Emergency Response Program (CERP) " Provides $977 million per year in CERP funding for FY`08 and FY`09.
 
Pakistan Frontier Corps " Allows the Secretary of Defense to use up to $75 million in O&M funds during FY`08 to enhance the ability of the Pakistan Frontier Corps to conduct counterterrorist operations along the border between Pakistan and Afghanistan. Authorized assistance may include equipment, supplies, and training.
 
 
TITLE XV -- Authorization For Increased Costs Due To Operation Iraqi Freedom (Iraq) And Operation Enduring Freedom (Afghanistan)
 
Section 1008 of the National Defense Authorization Act for Fiscal Year 2007 required the Defense Department to include in its annual budget request for future fiscal years detailed information on military operations in Iraq and Afghanistan previously funded through emergency supplemental appropriations.  In February, the Defense Department request for continued operations in Iraq and Afghanistan was $141.8 billion for FY`08.
 
The White House subsequently made two additional supplemental requests, one in July for $5.3 billion for Mine Resistant Ambush Protecting (MRAP) vehicles, and one in October for $42.3 billion in additional funding for general military operations in Iraq and Afghanistan.  In all the Administration has requested $189.3 billion in supplemental funding for Fiscal Year 2008.  The conference agreement authorizes $189.4 billion for military operations in Iraq and Afghanistan.
 
HIGHLIGHTS
 
Iraq and Afghanistan Security Forces " Fully funds the $3 billion request for the Iraq Security Forces Fund and the $2.7 billion request for the Afghanistan Security Fund.
 
Readiness " Provides $1 billion in unrequested funding for the Strategic Readiness Fund.
 
Improvised Explosive Devises (IEDs) " Provides $4.5 billion for the Joint IED Defeat Office (JIEDDO), $272 million above the request
 
Special Transfer Authority " Provides $3.5 billion in transfer authority for shifting money for war-related expenditures between different DOD accounts.
 
 
FUNDING PROVISIONS
NOTE: The funding levels shown below reflect the Defense Department`s original February request, plus the amended amounts including the additional October request.  Both the House and Senate completed work on their respective versions of the bill before the White House released the request for the additional $42.3 billion, so the figures shown for the House and Senate are based only on the original February request.  The final conference figures are based on the total requests made for FY`08.
 
Total Funding
Request: $141.7 billion ($189.3 billon total)
House: $141.6 billion
Senate: $127.5 billion (An additional $13 billion was transferred by the Senate to the annual base " budget)
Conference: $189.4 billion
 
Procurement
Request: $39.96 billion ($71.6 billion total)
House: $40.3 billion
Senate: $56.4 billion
Conference: $71.0 billion
 
Research, Development, Testing & Evaluation
Request: $2.9 billion ($3.87 billion total)
House: $2.15 billion
Senate: $2.0 billion
Conference: $3.66 billion
 
Operations & Maintenance
Request: $72.9 billion ($84.3 billion total)
House: $72.2 billion
Senate: $72.0 billion
Conference: $84.3 billion
 
Personnel
Request: $17.1 billion
House: $17.5 billion
Senate: $12.9 billion
Conference: $17.9 billion
 
Military Construction
Request: $907.9 million ($2.43 billion total)
House: $695.5 million
Senate: $752.7 million
Conference: $2.14 billion
 
 
MAJOR WEAPONS SYSTEMS
 
Mine Resistant Ambush Protected vehicles (MRAP) -- Includes $11.8 billion for MRAP, the cumulative amount requested.
 
F/A-18E/F Fighter Aircraft (Navy)
Request: $723 million for 12 aircraft (total of $768 million for 13 aircraft)
House: $532 million for nine aircraft
Senate: no funding (funding transferred to base budget, see above)
Conference: $768 million for 13 aircraft
 
F-35 Joint Strike Fighter
Request: $230 million for one aircraft (amended request struck this funding)
House: $0
Senate: $0
Conference: $0
 
V-22 Osprey " Tilt-rotor
Request: $140.5 million for 2 Navy aircraft, and $492.5 million for five Air Force aircraft
House: $140.5 million for 2 Navy aircraft, and $492.5 million for five Air Force aircraft
Senate: $140.5 million for 2 Navy aircraft only
Conference: $140.5 million for 2 Navy aircraft, and $492.5 million for five Air Force aircraft
 
C-130J Transport Aircraft
Request: $495.4 million for 4 Marine Corps KC-130J aircraft and $1.4 billion for 17 Air Force C-130J aircraft
House: $495.4 million for 4 Marine Corps KC-130J aircraft, and $1.2 billion for 15 Air Force C-130J aircraft
Senate: $495.4 million for 4 Marine Corps KC-130J aircraft and $888 million for 13 Air Force C-130J aircraft
Conference: $495.4 million for 4 Marine Corps KC-130J aircraft, and $1.2 billion for 15 Air Force C-130J aircraft
 
C-17 Globemaster Transport Aircraft
Request: $72 million
House: $2.49 billion for 10 aircraft
Senate: $72 million
Conference: $2.3 billion for eight aircraft
 
Stryker Interim Armored Vehicle (IAV)
Request: $402.8 million for 100 vehicles (total $2.0 billion for 483 vehicles)
House: $402.8 million for 100 vehicles
Senate: $117 million for 29 vehicles ($403 million for 100 vehicles transferred to base budget)
Conference: $2.0 billion for 483 vehicles
 
Armed Reconnaissance Helicopter
Request:  $222.6 million for 29 aircraft
House: no funding
Senate: no funding
Conference: $184 million for 29 aircraft
 
UH-60 Blackhawk Helicopters
Request: $527.4 million for 39 aircraft
House $527.4 million for 39 aircraft
Senate: $157 million for 39 aircraft ($370 million transferred to base budget)
Conference: $527.5 million for 39 aircraft
 
 
 
 
Sources: Defense Department`s Fiscal Year 2008 budget request, House and Senate Armed Services Committee press releases (December 6,. 2007), House Committee Report 110-146, Senate Committee Report 110-77, and Conference Report 110-477.
 
 
For additional information on the Fiscal Year 2008 defense budget, visit the Center`s website: http://www.armscontrolcenter.org/policy/securityspending/ 
 
Prepared by:
 
Christopher Hellman
Military Policy Fellow
Center for Arms Control and Non-Proliferation
322 4th Street, N.E.
Washington, D.C. 20002
chellman@armscontrolcenter.org
(703) 945-3950 Cell
 
 
www.armscontrolcenter.org
 
John Isaacs
Executive Director, Council for a Livable World
322 4th Street, NE
Washington, DC 20002
Phone (202) 543-4100 x.131
FAX (202) 543-6297
jdi@clw.org