[House Report 112-493]
[From the U.S. Government Publishing Office]
112th Congress Report
2d Session HOUSE OF REPRESENTATIVES 112-493
_______________________________________________________________________
DEPARTMENT OF DEFENSE
APPROPRIATIONS BILL, 2013
----------
R E P O R T
of the
COMMITTEE ON APPROPRIATIONS
together with
ADDITIONAL VIEWS
[TO ACCOMPANY H.R. 5856]
May 25, 2012.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
112th Congress Report
2d Session HOUSE OF REPRESENTATIVES 112-493
_______________________________________________________________________
DEPARTMENT OF DEFENSE
APPROPRIATIONS BILL, 2013
__________
R E P O R T
of the
COMMITTEE ON APPROPRIATIONS
together with
ADDITIONAL VIEWS
[TO ACCOMPANY H.R. 5856]
May 25, 2012.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
C O N T E N T S
----------
Page
Bill Totals...................................................... 1
Committee Budget Review Process.................................. 3
Introduction..................................................... 3
Fiscal Management................................................ 3
Competition...................................................... 5
Conferences...................................................... 5
Funding Increases................................................ 5
Committee Recommendations by Major Category...................... 5
Active, Reserve and National Guard Military Personnel........ 5
Operation and Maintenance.................................... 6
Procurement.................................................. 6
Research, Development, Test and Evaluation................... 7
Special Operations Command Critical Needs.................... 8
Defense Health Program....................................... 8
Overseas Contingency Operations.............................. 8
Classified Programs.......................................... 8
Forces to be Supported........................................... 9
Department of the Army....................................... 9
Department of the Navy....................................... 10
Department of the Air Force.................................. 11
Air Force Reductions in Force Structure & Reserve
Component Impacts...................................... 11
TITLE I. MILITARY PERSONNEL...................................... 13
Military Personnel Overview.................................. 15
Summary of End Strength.................................. 15
Overall Active End Strength.............................. 15
Overall Selected Reserve End Strength.................... 15
Full-Time Support Strengths.............................. 16
Military Personnel Transfer Authority.................... 17
Reduction of Troop End Strength.......................... 17
Retroactive Stop Loss Special Pay Program................ 18
Suicide Prevention Training and Outreach................. 18
Sexual Assault Prevention and Response................... 19
Hazing in the Armed Forces............................... 19
Minority Outreach........................................ 20
Military Personnel, Army..................................... 20
Army Military Personnel Funding Shortfall................ 24
Military Personnel, Navy..................................... 24
Littoral Combat Ship Manning............................. 28
Military Personnel, Marine Corps............................. 28
Military Personnel, Air Force................................ 32
Creech Air Force Base Incentive Pay...................... 36
Air Force Base Family Housing Privatization.............. 36
Reserve Personnel, Army...................................... 37
Reserve Personnel, Navy...................................... 40
Reserve Personnel, Marine Corps.............................. 43
Reserve Personnel, Air Force................................. 46
National Guard Personnel, Army............................... 49
National Guard Personnel, Air Force.......................... 52
TITLE II. OPERATION AND MAINTENANCE.............................. 55
Restoration of Funding for Unrealistic Efficiency Savings.... 57
Operation and Maintenance Reprogrammings..................... 57
Operation and Maintenance Budget Execution Data.............. 58
Military Information Support Operations...................... 58
STEM Education............................................... 59
Border Security Equipment.................................... 59
State and Local Partnerships................................. 60
Middle East Security Dialogues............................... 60
POW/MIA Accountability Efforts............................... 60
Civil Affairs Center and School.............................. 60
Official Flag Displays....................................... 60
Operation and Maintenance, Army.............................. 61
Junior Reserve Officer Training Corps Schools............ 67
Unjustified Program Growth............................... 67
Cemeterial Expenses...................................... 67
Operation and Maintenance, Navy.............................. 67
Strategic Dispersal of Aircraft Carriers................. 72
Operation and Maintenance, Marine Corps...................... 72
Operation and Maintenance, Air Force......................... 75
Visibility of Depot Maintenance Funding.................. 81
National Security Requirements for NASA Facilities....... 81
Operation and Maintenance, Defense-Wide...................... 81
Operation and Maintenance, Army Reserve...................... 84
Operation and Maintenance, Navy Reserve...................... 87
Operation and Maintenance, Marine Corps Reserve.............. 87
Operation and Maintenance, Air Force Reserve................. 94
Operation and Maintenance, Army National Guard............... 97
National Guard State Partnership Program................. 101
National Guard Civil Support Teams....................... 101
Operation and Maintenance, Air National Guard................ 102
United States Court of Appeals for the Armed Forces.......... 105
Environmental Restoration, Army.............................. 105
Environmental Restoration, Navy.............................. 105
Environmental Restoration, Air Force......................... 105
Environmental Restoration, Defense-Wide...................... 105
Environmental Restoration, Formerly Used Defense Sites....... 105
Overseas Humanitarian, Disaster, and Civic Aid............... 106
Cooperative Threat Reduction Account......................... 106
Department of Defense Acquisition Workforce Development Fund. 106
Defense Acquisition Workforce Development Fund........... 106
TITLE III. PROCUREMENT........................................... 107
Advanced Medium Range Air-to-Air Missile................. 109
Global Hawk Block 30..................................... 109
C-27J Spartan, C-23 Sherpa, and Direct Support........... 110
Special Interest Items................................... 111
Reprogramming Guidance for Acquisition Accounts.......... 111
Reprogramming Reporting Requirements..................... 112
Funding Increases........................................ 112
Classified Annex......................................... 112
Aircraft Procurement, Army................................... 112
UH-72A Lakota Light Utility Helicopters.................. 117
UH-60117ackhawk Helicopters.............................. 117
Missile Procurement, Army.................................... 117
Patriot Missiles......................................... 120
Procurement of Weapons and Tracked Combat Vehicles, Army..... 120
Bradley Fighting Vehicle................................. 124
M1 Abrams Tank Upgrade Program........................... 124
M88A2 Hercules Improved Recovery Vehicle................. 124
Survivability Enhancements for Combat and Tactical
Vehicles............................................... 125
Procurement of Ammunition, Army.............................. 125
Excalibur M982........................................... 129
Other Procurement, Army...................................... 129
Container Handling Equipment............................. 138
Aircraft Procurement, Navy................................... 138
F/A-18E/F Tactical Aircraft.............................. 146
EA-18G Electronic Attack Aircraft........................ 146
Weapons Procurement, Navy.................................... 147
Procurement of Ammunition, Navy and Marine Corps............. 151
Shipbuilding and Conversion, Navy............................ 155
Shipbuilding............................................. 158
Other Procurement, Navy...................................... 159
Procurement, Marine Corps.................................... 171
Light Armored Vehicle.................................... 177
Aircraft Procurement, Air Force.............................. 177
F-22 Backup Oxygen System................................ 183
C-130 Avionics Modernization Program..................... 183
B-52 Combat Network Communications Technology............ 183
C-130J................................................... 184
War Readiness Engine Shortfall........................... 184
Missile Procurement, Air Force............................... 184
Space Launch............................................. 188
Space Based Infrared System and Advanced Extremely High
Frequency Satellite System Procurement................. 188
Procurement of Ammunition, Air Force......................... 188
Other Procurement, Air Force................................. 190
Procurement, Defense-Wide.................................... 195
Special Operations Command Aviation Foreign Internal
Defense Program........................................ 200
National Guard and Reserve Equipment......................... 200
National Guard and Reserve Equipment..................... 202
Defense Production Act Purchases............................. 202
Advanced Drop-In Biofuel Production...................... 203
TITLE IV. RESEARCH, DEVELOPMENT, TEST AND EVALUATION............. 205
Systems Engineering...................................... 207
Department of Defense and Service Cyber Activities....... 208
Advanced Hypersonic Weapon............................... 208
Special Interest Items................................... 208
Reprogramming Guidance for Acquisition Accounts.......... 208
Reprogramming Reporting Requirements..................... 209
Funding Increases........................................ 209
Classified Annex......................................... 209
Research, Development, Test and Evaluation, Army............. 209
Medium Extended Air Defense.............................. 219
Robotic Development...................................... 219
Research, Development, Test and Evaluation, Navy............. 219
Firescout................................................ 230
Bone Marrow Registry..................................... 230
Electronic Equipment Maintenance......................... 231
Automated Test and Re-Test............................... 231
Strategic Submarine Replacement.......................... 231
Research, Development, Test and Evaluation, Air Force........ 231
Space System Acquisition and System Modernization
Initiatives............................................ 232
Space Based Infrared System Ground Enhancements.......... 242
Moving Target Indicator.................................. 242
KC-46A................................................... 242
Joint Strike Fighter Decontamination..................... 243
Research, Development, Test and Evaluation, Defense-Wide..... 243
Historically Black Colleges and Universities and Minority
Institutions........................................... 254
Science, Technology, Engineering and Mathematics
Education.............................................. 254
Expanding Underrepresented Minority Participation........ 254
Special Operations Command Undersea Mobility Program..... 254
Defense Personnel Security Research Center............... 255
Advanced Remote Sensor Technology........................ 255
Standard Missile-3 Risk Reduction for the Missile Defense
Agency................................................. 255
Semiconductor Industry................................... 256
Operational Test and Evaluation, Defense..................... 256
TITLE V. REVOLVING AND MANAGEMENT FUNDS.......................... 259
Defense Working Capital Funds................................ 259
National Defense Sealift Fund................................ 259
Afloat Forward Staging Base.............................. 259
TITLE VI. OTHER DEPARTMENT OF DEFENSE PROGRAMS................... 261
Defense Health Program....................................... 261
Defense Health Program Reprogramming Procedures.......... 265
Carryover................................................ 265
TRICARE Fee Increases.................................... 265
Peer-Reviewed Cancer Research Program.................... 265
Joint Warfighter Medical Research Program................ 266
Congressionally Directed Medical Research Program........ 266
Traumatic Brain Injury/Psychological Health Funding...... 267
Peer-Reviewed Prostate Cancer Research Program........... 267
Joint Task Force National Capital Region Medical......... 267
Prescription Drug Abuse.................................. 268
Overseas Medical Laboratories............................ 268
Information Technology Discharge Solutions............... 269
Cooperation Between Military Medical Facilities, Civilian
Healthcare Facilities, and Universities................ 269
Prosthetic Research...................................... 269
Multi-Disciplinary Brain Research........................ 269
Federal Neuroscience Working Group....................... 270
Chemical Agents and Munitions Destruction, Defense........... 270
Drug Interdiction and Counter-Drug Activities, Defense....... 270
National Guard Counter-Drug State Plans.................. 271
Tethered Aerostat Radar System Program................... 271
Joint Improvised Explosive Device Defeat Fund................ 271
Joint Urgent Operational Needs Fund.......................... 272
Office of the Inspector General.............................. 272
TITLE VII. RELATED AGENCIES...................................... 273
National and Military Intelligence Programs.................. 273
Classified Annex......................................... 273
Central Intelligence Agency Retirement and Disability System
Fund....................................................... 273
Intelligence Community Management Account.................... 273
TITLE VIII. GENERAL PROVISIONS................................... 275
TITLE IX. OVERSEAS CONTINGENCY OPERATIONS........................ 285
Committee Recommendation..................................... 285
Reporting Requirements....................................... 285
Afghan Local Police and Human Rights Abuses.................. 285
Military Personnel........................................... 286
Operation and Maintenance.................................... 292
Commander's Emergency Response Program................... 298
Coalition Support Funds.................................. 298
C-17 Engine Maintenance.................................. 298
Procurement.................................................. 298
Research, Development, Test and Evaluation................... 307
Revolving and Management Funds............................... 309
Defense Working Capital Funds............................ 309
Other Department of Defense Programs......................... 309
Defense Health Program................................... 309
Drug Interdiction and Counter-Drug Activities, Defense... 311
Joint Improvised Explosive Device Defeat Fund............ 311
Joint Urgent Operational Needs Fund...................... 311
Office of the Inspector General.......................... 311
General Provisions....................................... 311
TITLE X. ADDITIONAL GENERAL PROVISIONS........................... 313
HOUSE OF REPRESENTATIVES REPORTING REQUIREMENTS.................. 313
Changes in the Application of Existing Law................... 313
Appropriations Not Authorized By Law......................... 313
Transfer of Funds............................................ 324
Rescissions.................................................. 326
Transfer of Unexpended Balances.............................. 326
Statement of General Performance Goals and Objectives........ 326
Constitutional Authority..................................... 327
Compliance with Rule XIII, CL. 3(e) (Ramseyer Rule).......... 327
Earmark Disclosure Statement................................. 327
Comparison with the Budget Resolution........................ 327
Five-Year Outlay Projections................................. 327
Financial Assistance to State and Local Governments.......... 328
Full Committee Votes......................................... 328
Additional Views............................................. 343
112th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 112-493
======================================================================
DEPARTMENT OF DEFENSE APPROPRIATIONS BILL, 2013
_______
May 25, 2012.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Young of Florida, from the Committee on Appropriations,
submitted the following
R E P O R T
together with
ADDITIONAL VIEWS
[To accompany H.R. 5856]
The Committee on Appropriations submits the following
report in explanation of the accompanying bill making
appropriations for the Department of Defense, and for other
purposes, for the fiscal year ending September 30, 2013.
BILL TOTALS
Appropriations for most military functions of the
Department of Defense are provided for in the accompanying bill
for the fiscal year 2013. This bill does not provide
appropriations for military construction, military family
housing, civil defense, and military nuclear warheads, for
which requirements are considered in connection with other
appropriations Acts.
The President's fiscal year 2013 budget request for
activities funded in the Department of Defense Appropriations
Act totals $516,131,553,000 in new budget obligational
authority for the base military bill.
COMMITTEE BUDGET REVIEW PROCESS
During its review of the fiscal year 2013 budget request
and execution of appropriations for fiscal year 2012, the
Subcommittee on Defense held a total of ten hearings and three
formal Subcommittee briefings during the period from February
2012 to April 2012. Testimony received by the Subcommittee
totaled 763 pages of transcript. Hearings were held in open
session, except when the security classification of the
material to be discussed presented no alternative but to
conduct those hearings in executive or closed session.
INTRODUCTION
The Committee recommendation for the fiscal year 2013
Department of Defense base budget is $519,219,373,000, which is
$3,087,820,000 above the request. The Committee recommendation
for overseas contingency operations is $88,479,906,000, which
is $1,839,000 below the request.
The increase in base allocation above the request provides
the Committee with the resources to mitigate risks contained in
the budget. Decreases in shipbuilding, unrealistic
efficiencies, as well as Guard and reserve force structure
decisions all carry an inherent level of risk. The Committee,
where able, has attempted to mitigate these risks.
In addition, the Subcommittee has reviewed in detail the
budget request and found areas and programs where reductions
are possible without adversely impacting the warfighter or
modernization and readiness efforts. Examples of such
reductions include: programs which have been terminated or
restructured since the budget was submitted; savings from
favorable contract pricing adjustments; contract/schedule
delays resulting in fiscal year 2013 savings; unjustified cost
increases or funding requested ahead of need; anticipated/
historical under execution; rescissions of unneeded prior year
funds; and reductions that are authorized in the pending fiscal
year 2013 National Defense Authorization Act.
FISCAL MANAGEMENT
In the past, the Committee has expressed considerable
concern over an apparent erosion of the Department's fiscal
discipline. That erosion is reflected in an ever increasing
reliance on the reprogramming of funds rather than establishing
its funding priorities during the budget formulation process.
The Committee once again notes the extraordinary growth in the
Department's requests for authority to reprogram previously
appropriated funding and transfer it to other programs, often
including ``new start'' programs which have not yet received
congressional approval. Congress annually provides a
significant amount of general and special transfer authority to
move funding to previously approved, higher priority defense
programs in order to adjust to budgetary changes and
unanticipated program changes. However, the Department has
established a startling trend of requesting multiple numbers of
large-scale, omnibus-like reprogrammings each year, including
an alarming number of requests for approval to start new
programs without the required budgetary and program
information.
The Committee is concerned that these trends appear to
indicate a disturbing degradation of the Department of Defense
Planning, Programming, and Budgeting System (PPBS) that was
established over 40 years ago. As was noted in previous
Committee Reports, beginning in 2003, the PPBS process has been
significantly altered, splintering planning phases and
requiring that the program and budget reviews occur
simultaneously. The Committee continues to believe that these
process changes were ill-conceived and have had significant and
lasting adverse implications. There can be no doubt that the
Department's financial officers have faced considerable
challenges in managing both the war and base budgets, and the
Committee appreciates the significant pressures the Department
has been operating under while conducting two simultaneous
combat operations in Iraq and Afghanistan, and the Committee
has attempted to provide all the funding and flexibility
necessary to support our forces in combat. However, the
excessive reliance on authority to transfer funding previously
appropriated for specifically requested programs, and use that
funding for other programs is of great concern to the
Committee.
During annual budget deliberations for the fiscal year 2008
defense budget request, the Committee expressed its concern
over the apparent erosion of the Department's fiscal
discipline, in part because the Department's annual amount of
requests for reprogramming authority had more than doubled
since the early 2000s. Despite the Committee's fiscal year 2008
expression of concern and direction to implement more
discipline in its budget development, the Department has
continued to request significantly increased amounts of
reprogramming authority, well beyond those amounts objected to
by the Committee in fiscal year 2008. In fact, in fiscal year
2011, the Department requested authority to reprogram over
$15,100,000,000, an almost 500 percent increase from the early
2000s.
Additionally, the Committee has clearly indicated its
objection to the initiation of new start programs through
reprogramming and specifically noted the lack of any supporting
justification and explanatory documentation to aid the
Committee in consideration of proposed new start programs. The
Department's own regulation, DoD Financial Management,
7000.14R, Volume 3, Chapter 6, paragraph 060401E states:
``Except for extraordinary situations, consideration will not
be given to new start reprogramming requests for which the
follow-on funding is not budgeted or programmed,'' and yet the
Department routinely submits numerous reprogramming requests,
including dozens of proposed new start programs, while often
not providing any budgetary information at all concerning those
new start programs.
The Committee continues to strongly discourage the use of
reprogramming requests to initiate new start programs. However,
in those cases where the Secretary of Defense determines that a
reprogramming request is necessary in the interest of national
security to rapidly respond to high priority requirements from
combatant commanders, such requests should be supported with
specific justification and supporting budgetary implications.
Urgent requests should not be held and aggregated over a period
of time nor included in large omnibus-like reprogrammings. Such
requests should be submitted immediately to the congressional
defense committees so that the Committee can expedite its
consideration of these urgent warfighter requests.
The Committee strongly urges the Department to reinstitute
rational and sequential planning and budgeting processes and
procedures and significantly reduce its reliance on
reprogramming of previously appropriated funding to fix
problems. In order to assist the Department in returning to a
more normal planning and budgeting process, the Committee has
reduced the Department's request for general and special
transfer reprogramming authority by $3,000,000,000.
COMPETITION
The Committee understands that the Department of Defense,
including the Military Services and related agencies, awards
contracts through the use of competitive procedures in
accordance with chapter 137 of title 10 U.S.C. and the Federal
Acquisition Regulation and uses competitive procedures or a
combination of competitive procedures as appropriate. The
Committee directs the Secretary of Defense to use these and
other duly established legislative and regulatory guidelines
for the competitive acquisition of services and materials
described in this bill and the accompanying report.
CONFERENCES
The Committee is concerned with recent reports that
taxpayer funds have been misused to support inappropriate
conferences and activities. The Committee directs that, not
later than 30 days after enactment of this Act, the Inspector
General of the Department of Defense shall report to the House
and Senate Appropriations Committees the procedures that each
Military Service and Defense Department Component has in place
to ensure compliance with all applicable Federal laws and
regulations on travel, conferences, and employee awards
programs, and shall assess the effectiveness of these
procedures.
Further, not later than 30 days after the end of fiscal
year 2013, the Inspector General of the Department of Defense
shall report to the House and Senate Appropriations Committees
on appropriate department, agency, board, or commission
conference spending and compliance with laws and regulations.
At a minimum, the report shall include: the number of
conferences held; the amount of funds obligated and expended by
appropriation or other source of funding including budget
accounts and subaccounts; and compliance with all applicable
laws and regulations.
FUNDING INCREASES
The Committee directs that the funding increases outlined
in the tables for each appropriation account shall be provided
only for the specific purposes indicated in the tables.
COMMITTEE RECOMMENDATIONS BY MAJOR CATEGORY
ACTIVE, RESERVE, AND NATIONAL GUARD MILITARY PERSONNEL
In title I of the bill, the Committee recommends a total of
$128,462,794,000 for active, reserve, and National Guard
military personnel, an increase of $32,769,000 above the budget
request, and $2,627,745,000 below the fiscal year 2012 enacted
level. The recommendation supports the request to increase
basic pay for all military personnel by 1.7 percent, effective
January 1, 2013. The Committee also recommends full funding to
support the authorized end strength levels for active duty and
Selected Reserve personnel.
OPERATION AND MAINTENANCE
In title II of the bill, the Committee recommends a total
of $175,159,569,000 for operation and maintenance support to
the military services and other Department of Defense entities,
an increase of $220,636,000 from the fiscal year 2013 budget
request, and an increase of $12,086,428,000 above the fiscal
year 2012 enacted level. The recommended levels will robustly
fund operational training programs in fiscal year 2013.
Requests for unit and depot level maintenance; facility
sustainment, restoration and modernization; and base operations
support program funding are fully supported.
PROCUREMENT
In title III of the bill, the Committee recommends a total
of $102,496,191,000 for procurement.
Major initiatives and modifications include:
$1,306,087,000 for the procurement of 69 UH-60 Blackhawk
helicopters, an increase of $199,000,000 and ten aircraft above
the President's request.
$1,076,036,000 for the procurement of 38 CH-47 Chinook
helicopters, the same as the President's request.
$518,088,000 for the procurement of 19 MQ-1 Unmanned Aerial
Vehicles, the same as the President's request.
$946,590,000 for the procurement of Patriot PAC-3 missiles
and launchers, an increase of $300,000,000 above the
President's request.
$255,433,000 for the procurement of M1A2 SEP upgraded
Abrams tanks, an increase of $181,000,000 above the President's
request.
$288,193,000 for the procurement of Bradley Fighting
Vehicle Modernization, an increase of $140,000,000 above the
President's request.
$169,909,000 for the procurement of 49 M88A2 Improved
Recovery Vehicles, an increase of $62,000,000 above the
President's request.
$100,000,000 for HMMWV modernization for the Army National
Guard, an increase of $100,000,000 above the President's
request.
$940,965,000 for the procurement of 12 EA-18G Growler
electronic attack aircraft and $45,000,000 for EA-18G advance
procurement to preserve the option of buying additional
aircraft in fiscal year 2014.
$2,597,565,000 for the procurement of 37 F/A-18E/F Super
Hornet tactical aircraft, an increase of $562,434,000 and
eleven aircraft above the President's request.
$2,387,052,000 for the procurement of 13 P-8A Poseidon
Multi-mission aircraft, a decrease of $33,703,000 below the
President's request.
$759,945,000 for the procurement of 29 UH-1Y/AH-1Z
Helicopters, an increase of $39,012,000 and two aircraft above
the President's request.
$5,158,617,000 for the procurement of 29 F-35 Lightning
Aircraft, six short take-off and vertical landing variants for
the Marine Corps, four carrier variants for the Navy, and 19
conventional variants for the Air Force.
$15,236,126,000 in Navy Shipbuilding and Conversion for the
procurement of eleven Navy ships, one above the request,
including one aircraft carrier, three DDG-51 guided missile
destroyers, two SSN-774 attack submarines, four Littoral Combat
Ships, and one Intra-theater Connector Ship.
$1,209,421,000 for the procurement of 14 C/HC/MC/KC-130J
aircraft, an increase of $447,000,000 and seven aircraft above
the President's request.
$1,656,600,000 for the procurement of 18 MV-22 and four CV-
22 Osprey aircraft, an increase of $59,260,000 and one MV-22
aircraft above the President's request.
$708,530,000 for the procurement of 36 MQ-9 Reaper unmanned
aerial vehicles, an increase of $155,000,000 and 12 aircraft
above the President's request.
$1,679,856,000 for the procurement of four Evolved
Expendable Launch Vehicles, the same as the President's
request.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
In title IV of the bill, the Committee recommends a total
of $69,984,145,000 for research, development, test and
evaluation.
Major initiatives and modifications include:
$278,018,000 for the development of the Warfighter
Information Network--Tactical, the same as the President's
request.
$639,874,000 for the development of the Manned Ground
Vehicle Ground Combat Vehicle, the same as the President's
request.
$483,095,000 for the continuation of the development of the
replacement for the Ohio class ballistic missile submarine, the
same as the President's request.
$119,065,000 for the continued development of the E-2D
Advanced Hawkeye aircraft, the same as the President's request.
$257,480,000 for the continued development of the Joint
Tactical Radio System, a decrease of $80,000,000 below the
President's request.
$2,682,674,000 for the continued development of the F-35
Lightning Joint Strike Fighter aircraft, a decrease of
$16,824,000 below the President's request.
$436,102,000 for the continued development of the Multi-
mission Maritime Aircraft, an increase of $15,000,000 above the
President's request.
$291,742,000 for the development of a new penetrating
bomber, the same as the President's request.
$1,815,588,000 for the continued development of the Next
Generation Aerial Refueling Aircraft, the same as the
President's request.
$516,594,000 for continued development of the Space Based
Infrared Satellite (SBIRS) and associated ground support
systems, an increase of $68,000,000 above the President's
request.
$335,295,000, for the development of the Global Positioning
System III operational control segment (OCX), a decrease of
$38,300,000 below the President's request.
$2,827,176,000 for the Defense Advanced Research Projects
Agency, an increase of $10,000,000 above the President's
request.
$948,736,000 for the Israeli Cooperative Program, an
increase of $848,900,000 above the President's request.
SPECIAL OPERATIONS COMMAND CRITICAL NEEDS
The Committee recommends $143,000,000 for United States
Special Operations Command (USSOCOM) to address a critical
capability shortfall identified by the Commander through the
Combat Missions Needs process and approved by the Secretary of
Defense. The recommendation funds the Commander's request to
modify selected platforms with High Definition Full Motion
Video which will provide a game changing Intelligence,
Surveillance, and Reconnaissance capability.
DEFENSE HEALTH PROGRAM
The Committee recommends a total of $32,862,234,000 for the
Defense Health Program to support worldwide medical and dental
services for active forces and other eligible beneficiaries,
$333,516,000 above the fiscal year 2013 budget request and
$380,175,000 above the amount appropriated for fiscal year
2012.
The Committee recommends funding to augment the request for
enduring Traumatic Brain Injury and Psychological Health and
Wounded, Ill, and Injured requirements. To address these
challenges in the Defense Health Program, the Committee
recommends the following:
Traumatic Brain Injury and Psychological Health Research $125,000,000
Peer-Reviewed Spinal Cord Research...................... $15,000,000
Peer-Reviewed Orthopedic Research....................... $30,000,000
OVERSEAS CONTINGENCY OPERATIONS
In title IX of the bill, the Committee recommends a total
of $88,479,906,000 for overseas contingency operations.
Major initiatives and modifications include:
Military Personnel: The Committee recommends a total of
$13,786,221,000 for military personnel in title IX of the bill.
Operation and Maintenance: The title IX operation and
maintenance account fully funds key readiness programs critical
to prepare forces for combat operations and other missions such
as OPTEMPO flying hours and steaming days, depot maintenance,
training, spare parts, and base operations.
Procurement: The title IX procurement account provides
funds for items such as replacement aircraft for combat losses,
aircraft upgrades and modifications, intelligence,
surveillance, and reconnaissance equipment, and physical
security improvements.
Defense Health Program: The Committee recommends a total of
$993,898,000 for the Defense Health Program in title IX of the
bill.
CLASSIFIED PROGRAMS
As described elsewhere in this report, the Committee's
budget reviews are published in a separate, detailed, and
comprehensive classified annex. Adjustments to the classified
programs are addressed in the classified annex accompanying
this report.
FORCES TO BE SUPPORTED
DEPARTMENT OF THE ARMY
The fiscal year 2013 budget request is designed to support
current budget guidance and the Army's continuing
transformation of its operating forces to meet defense
strategy. Current budget guidance directs the Active Component
(AC) end strength to reduce to 490,000 by the end of fiscal
year 2017, Army National Guard (ARNG) end strength to reduce to
353,200 by the end of fiscal year 2017, and the United States
Army Reserve (USAR) to maintain its end strength at 205,000.
By the end of fiscal year 2013, the AC will include six
Army Service Component Command headquarters and one Army
Component headquarters assigned to U.S. Forces Korea, three
Corps headquarters, ten Division headquarters, 44 Brigade
Combat Teams (BCTs), and 38 Multi-Functional Support Brigades.
By the end of fiscal year 2013, the Army Force structure in the
ARNG and the USAR will include eight ARNG division
headquarters, 28 BCTs, and 60 multi-functional Support Brigades
(48 ARNG and 12 USAR).
A summary of the major forces follows:
------------------------------------------------------------------------
Fiscal year
-----------------------------
2011 2012 2013
------------------------------------------------------------------------
Active Component Forces:
Theater Army HQs...................... 6 6 6
Corps HQs............................. 4 4 3
Division HQs.......................... 10 10 10
Heavy Brigade Combat Team............. 17 17 16
Infantry Brigade Combat Team.......... 20 20 20
Stryker Brigade Combat Team........... 6 8 8
Theater Aviation Brigade HQ........... 1 1 1
Combat Aviation Brigade............... 12 13 13
Sustainment Brigade HQ................ 13 13 13
Fires Brigade......................... 6 7 7
Maneuver Enhancement Brigade HQ....... 2 2 2
Battlefield Surveillance Brigade...... 3 3 3
-----------------------------
Forces Total...................... 100 104 102
Army National Guard Forces:
Division HQs.......................... 8 8 8
Heavy Brigade Combat Team............. 7 7 7
Infantry Brigade Combat Team.......... 20 20 20
Stryker Brigade Combat Team........... 1 1 1
Theater Aviation Brigade HQ........... 5 5 5
Combat Aviation Brigade............... 8 8 8
Sustainment Brigade HQ................ 10 10 10
Fires Brigade......................... 7 7 7
Maneuver Enhancement Brigade HQ....... 16 16 16
Battlefield Surveillance Brigade...... 7 7 7
-----------------------------
Forces Total...................... 79 79 79
United States Army Reserve Forces:
Theater Aviation Brigade HQ........... 1 1 1
Sustainment Brigade HQ................ 9 9 9
Maneuver Enhancement Brigade HQ....... 3 3 3
-----------------------------
Forces Total...................... 13 13 13
------------------------------------------------------------------------
DEPARTMENT OF THE NAVY
The fiscal year 2013 budget request supports battle forces
totaling 293 ships at the end of fiscal year 2013, including 14
fleet ballistic missile submarines, 10 aircraft carriers, 24
support ships, eight reserve ships, 237 other battle forces
ships, 1,688 Navy/Marine Corps tactical/ASW aircraft, 271
undergraduate training aircraft, 514 Fleet Air Training
aircraft, 225 Fleet Air Support aircraft, 250 reserve aircraft,
and 251 aircraft in the pipeline.
A summary of the major forces follows:
------------------------------------------------------------------------
Fiscal year
-----------------------------------
2011 2012 2013
------------------------------------------------------------------------
Strategic Forces.................... 14 14 14
Fleet Ballistic Missile 14 14 14
Submarines.....................
General Purpose..................... 252 255 247
Aircraft Carriers............... 11 11 10
Surface Combatants.............. 111 110 101
Submarines (attack)............. 53 54 55
Guided Missile (SSGN) Submarines 4 4 4
Amphibious Warfare Ships........ 28 30 31
Combat Logistics Ships.......... 31 32 32
Mine Warfare.................... 14 14 14
Support Forces...................... 18 20 24
Support Ships................... 18 20 24
Mobilization Cat. A (Reserve)....... 8 8 8
Surface Combatants.............. 8 8 8
Mine Warfare.................... 0 0 0
------------------------------------------------------------------------
Total Ships, Battleforce (incl. Cat. 292 297 293
A Reserve).........................
Auxiliaries/Sea Lift Forces..... 89 90 92
Coastal Defense (Patrol 10 10 13
Combatants)................
Maritime Preposition........ 17 18 12
MSC Reduced Operating Status 14 14 13
Ready Reserve Force Ships 49 48 46
(NDSF).....................
------------------------------------------------------------------------
Naval Aircraft:
Primary Authorized (plus pipe).. 3,572 3,563 3,555
Authorized Pipeline......... 308 266 251
Tactical/ASW Aircraft........... 1,648 1,668 1,688
Fleet Air Training.......... 503 515 514
Fleet Air Support........... 222 222 225
Training (Undergraduate).... 612 624 627
Reserves.................... 280 268 250
------------------------------------------------------------------------
Naval Personnel:
Active:
Navy........................ *325,301 **322,700 322,700
Marine Corps................ 201,157 202,100 182,100
Temporary Marine Corps end .......... .......... 15,200
strength in OCO............
Reserves Navy:
SELRES/Drilling Reserve..... 54,288 53,639 52,386
Fulltime Support............ 10,504 10,297 10,114
Navy Reserves Total..... 64,792 63,936 62,500
------------------------------------------------------------------------
Reserves Marine Corps:
SELRES/Drilling Reserve..... 37,580 37,339 37,339
Fulltime Support............ 2,192 2,261 2,261
Marine Corps Reserves 39,772 39,600 39,600
Total..................
------------------------------------------------------------------------
*FY 2011 includes 4,400 non-core IA requested for temporary IA OCO
missions.
**FY 2012 includes 3,836 non-core IA requested for temporary IA OCO
missions.
DEPARTMENT OF THE AIR FORCE
AIR FORCE REDUCTIONS IN FORCE STRUCTURE AND RESERVE COMPONENT IMPACTS
The Air Force's fiscal year 2013 budget request proposes to
retire or divest 286 current or in-production aircraft over the
2013-2017 future years defense program (FYDP), including a loss
of 227 aircraft by the end of fiscal year 2013 alone. The
proposed reduction in aircraft would have a disproportionate
impact on the Air National Guard and Air Force Reserve. The Air
National Guard would lose 163 aircraft over the FYDP, not
including 17 C-27J Joint Cargo Aircraft for which funds have
been appropriated but withheld from execution by the Air Force
due to its decision to terminate the C-27J program. The Air
Force Reserve would lose 82 aircraft. These losses would be
accompanied by personnel reductions of 5,100 for the Air
National Guard and 900 for the Air Force Reserve. The reserve
component would absorb more than 85 percent of the aircraft
reduction and approximately 60 percent of the total Air Force
personnel reduction. As a consequence, the reserve component
would suffer a loss of five airlift squadrons and five tactical
fighter squadrons in fiscal year 2013. The Air Force
additionally proposes to realign aircraft between components
and installations and re-mission some units that otherwise
would be adversely affected by the proposed reductions.
The Committee acknowledges the Air Force's need to find
budget savings and its efforts to adjust force structure to the
lowered expectations of the strategic review. Even with such
reduced requirements, however, the Committee is concerned that
the force structure reductions would add an unnecessary element
of risk. The Committee is further concerned that the Air
Force's proposal discounts the value that the reserve component
adds to the total force and that the Air Force has not
adequately considered homeland defense and disaster assistance
requirements, especially with the proposal to transfer C-130
aircraft from the Gulf Coast region.
The scope and complexity of the Air Force's force reduction
and realignment plan demand that the Committee consider it as a
whole. The Committee does not concur with the Air Force's
proposed force structure plan and includes bill language
prohibiting the use of funds for the retirement, divestiture,
realignment, or transfer of any aircraft and associated
missions. The Committee acknowledges the Air Force's concerns
that the restoration of force structure without the necessary
resources would risk a ``hollow force'', and therefore the
Committee's recommended funding levels include targeted
increases to preserve existing force structure in fiscal year
2013.
The Committee is aware that the Council of Governors (COG),
a Department of Defense advisory body established by the
National Defense Authorization Act for Fiscal Year 2008, has
proposed an alternative force restructuring plan. The Committee
neither endorses nor disapproves of this plan, but encourages
the Department and the Air Force to continue engagement with
the COG and report on force structure alternatives resulting
from such engagement to the congressional defense committees.
Furthermore, the Committee expects the Air Force to refrain
from taking any actions during fiscal years 2012 or 2013,
including the reduction of any Air National Guard or Air Force
Reserve Units, that would prejudice or preempt final decisions
on force structure pending the enactment of final authorization
and appropriations legislation by Congress.
Finally, the Committee directs the Air Force to submit a
report to the House Appropriations Committee at the earliest
practicable date, but not later than October 1, 2012, providing
a cost-benefit analysis for each set of aircraft retirements
and realignments proposed with the fiscal year 2013 budget
request. The Committee further directs the Government
Accountability Office to review the Air Force's cost-benefit
analyses and report its findings to the congressional defense
committees not later than 180 days after the date of the Air
Force's submission.
A summary of the major forces follows:
------------------------------------------------------------------------
2011 2012 2013
------------------------------------------------------------------------
Strategic Airlift Squadrons:
Active....................... 16 16 16
Guard........................ 6 6 6
Reserve...................... 16 16 16
Tactical Airlift Squadrons:
Active....................... 10 10 10
Guard........................ 20 21 21
Reserve...................... 9 9 9
------------------------------------------------------------------------
------------------------------------------------------------------------
2011 2012 2013
------------------------------------------------------------------------
USAF Fighter and Attack Squadrons 61 61 61
(Active, ANG, AFRC).............
Active....................... 33 32 32
ANG.......................... 24 25 25
AFRC......................... 4 4 4
Strategic Bomber Squadrons 9 9 9
(Active)........................
Strategic Bomber Squadrons (AFRC) 0 0 0
Flighttest Units (DT and OT Units 12 12 12
with Assigned aircraft).........
Fighter...................... 9 9 9
Bomber....................... 3 3 3
ICBM Operational Launch 495 495 495
Facilities/Control Centers......
ICBM Missile Inventory........... 450 450 450
USAF Airlift Squadrons (Active)
Strategic Airlift Squadrons.. 15 15 15*
Tactical Airlift Squadrons... 8 8 8*
--------------------------------------
Total Active Airlift 23 23 23
Squadrons...................
Total Air Force Aircraft 5,566 5,587 5,568
Inventory...............
------------------------------------------------------------------------
*Numbers of Squadrons above reflect combat coded units only (i.e., no
training or test info except where noted)
------------------------------------------------------------------------
End Strength 2011 2012 2013
------------------------------------------------------------------------
Active Duty...................... 332,200 332,800 329,460
Reserve Component................ 177,900 178,100 178,100
ANG.......................... 106,700 106,700 106,700
AFR.......................... 71,200 71,400 71,400
------------------------------------------------------------------------
TITLE I
MILITARY PERSONNEL
The fiscal year 2013 budget request for programs funded in
title I of the Committee bill, Military Personnel, is
$128,430,025,000 in new budget authority. These appropriations
finance basic, incentive, and special pays for active, reserve,
and National Guard personnel, and Academy cadets; retired pay
accrual; housing, subsistence and other allowances; recruitment
and retention initiatives; permanent change of station (PCS)
costs; and other military personnel costs such as survivor,
unemployment, and education benefits. A summary of
appropriations provided in title I, Military Personnel,
follows:
MILITARY PERSONNEL OVERVIEW
The Committee recommendation provides $128,462,794,000 for
the Military Personnel accounts. Included is funding for
military pay and allowances, recruitment and retention
initiatives, and overall quality of life programs for active
duty, reserve, and National Guard personnel. The recommendation
fully supports the resource requirements needed to maintain the
authorized end strength levels for fiscal year 2013. The
recommendation also provides funding to increase basic pay for
all military personnel by 1.7 percent, effective January 1,
2013. The Committee continues to support and encourage
constructive evaluations of recruitment and retention programs,
bonus and special pay incentives, and personnel benefit
programs for military personnel for fiscal year 2013. The
Committee remains supportive of programs intended to enhance
the morale and quality of life of military personnel and their
families.
SUMMARY OF END STRENGTH
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
following tables summarize the Committee recommendations for
end strength levels, both in the aggregate and for each active
and Selected Reserve component.
OVERALL ACTIVE END STRENGTH
Fiscal year 2012 authorized........................... 1,422,600
Fiscal year 2013 budget request....................... 1,401,000
Fiscal year 2013 recommendation....................... 1,401,560
Compared with fiscal year 2012.................... -21,040
Compared with fiscal year 2013 budget request..... +560
OVERALL SELECTED RESERVE END STRENGTH
Fiscal year 2012 authorized........................... 847,100
Fiscal year 2013 budget request....................... 837,400
Fiscal year 2013 recommendation....................... 843,400
Compared with fiscal year 2012.................... -3,700
Compared with fiscal year 2013 budget request..... +6,000
SUMMARY OF MILITARY PERSONNEL END STRENGTH
----------------------------------------------------------------------------------------------------------------
Fiscal year 2013
---------------------------------------------------
Fiscal Change
year 2012 Budget Committee Change from
authorized request recommendation from fiscal
request year 2012
----------------------------------------------------------------------------------------------------------------
Active Forces (End Strength):
Army*....................................... 562,000 552,100 552,100 -9,900
Navy........................................ 325,700 322,700 322,700 -3,000
Marine Corps**.............................. 202,100 197,300 197,300 -4,800
Air Force................................... 332,800 328,900 329,460 560 -3,340
Total, Active Forces.................... 1,422,600 1,401,000 1,401,560 560 -21,040
---------------------------------------------------------------
Guard and Reserve Forces (End Strength):
Army Reserve................................ 205,000 205,000 205,000
Navy Reserve................................ 66,200 62,500 62,500 -3,700
Marine Corps Reserve........................ 39,600 39,600 39,600
Air Force Reserve........................... 71,400 70,500 71,400 900
Army National Guard......................... 358,200 358,200 358,200
Air National Guard.......................... 106,700 101,600 106,700 5,100
---------------------------------------------------------------
Total, Selected Reserve................. 847,100 837,400 843,400 6,000 -3,700
===============================================================
Total, Military Personnel....................... 2,269,700 2,238,400 2,244,960 6,560 -24,740
----------------------------------------------------------------------------------------------------------------
*For FY12, Army Active Forces end strength includes Temporary End Strength Increase of 14,600 troops
*For FY13, Army Active Forces end strength includes 49,700 Army end strength requested in the Overseas
Contingency Operations budget, as well as 12,400 increase requested in the base budget for the Army's
Temporary End strength Army Medical (TEAM) program associated with non-deployable soldiers in the Integrated
Disability System
**For FY13, Marine Corps Active Forces end strength includes 15,200 Marine Corps end strength requested in the
Overseas Contingency Operations budget
FULL-TIME SUPPORT STRENGTHS
There are four categories of full-time support in the Guard
and reserve components: military technicians (dual status),
Active Guard and Reserve (AGR), non-technician civilians, and
active component personnel.
Full-time support personnel organize, recruit, train,
maintain, and administer the reserve components. Military
technicians (dual status) directly support units and are
critical to helping units maintain readiness and meet the
wartime mission of the Army and Air Force.
The following table summarizes Guard and reserve full-time
support end strengths:
SUMMARY OF GUARD AND RESERVE FULL-TIME SUPPORT
----------------------------------------------------------------------------------------------------------------
Fiscal year 2013
---------------------------------------------
Fiscal Change
year 2012 Change from
authorized Budget Committee from Fiscal
request recommendation request Year
2012
----------------------------------------------------------------------------------------------------------------
Army Reserve:
AGR............................................... 16,261 16,277 16,277 ........ 16
Technicians....................................... 8,395 8,445 8,445 ........ 50
Navy Reserve:
AR................................................ 10,337 10,114 10,114 ........ -223
Marine Corps Reserve:
AR................................................ 2,261 2,261 2,261 ........ ........
Air Force Reserve:
AGR............................................... 2,662 2,888 2,888 ........ 226
Technicians....................................... 10,777 10,283 10,777 494 ........
Army National Guard:
AGR............................................... 32,060 32,060 32,060 ........ ........
Technicians....................................... 27,210 28,380 28,380 ........ 1,170
Air National Guard:
AGR............................................... 14,833 14,305 14,833 528 ........
Technicians....................................... 22,509 21,101 22,509 1,408 ........
---------------------------------------------------------
Totals:...............................................
AGR/AR............................................ 78,414 77,905 78,433 528 19
Technicians....................................... 68,891 68,209 70,111 1,902 1,220
=========================================================
Total, Full-Time Support...................... 147,305 146,114 148,544 2,430 1,239
----------------------------------------------------------------------------------------------------------------
MILITARY PERSONNEL TRANSFER AUTHORITY
The fiscal year 2013 budget request proposes the inclusion
of a new provision that extends the availability of up to two
percent of amounts appropriated for Military Personnel under
title I for two fiscal years, instead of the customary one
fiscal year. Since 2001, the Department has had ten violations
of the Anti-deficiency Act (ADA) in the Military Personnel
accounts. This includes two violations in the Military
Personnel, Army account from fiscal years 2005 and 2008 that
remain under investigation. The Committee has repeatedly
expressed its concern over the Department's failure to
adequately budget for Military Personnel. The Inspector General
of the Department of Defense and the Government Accountability
Office have regularly reported deficiencies in the Services'
military payroll processes and controls. Deficiencies include a
lack of integration between military personnel, military pay,
and accounting systems which can lead to potential errors, a
lack of an efficient and effective system for providing
documentation supporting payments for military payroll, and an
inability to determine whether payroll accounts are valid or to
verify the accuracy of payments and reported payrolls.
Furthermore, because the Services continue to manage the
Military Personnel appropriation by relying on estimated
obligations or bulk obligations until actual disbursement data
is provided weeks or months later, they are unable to track
disbursements in real time and cannot ensure that obligations
do not exceed the appropriation if unanticipated events occur.
Notwithstanding the accounting deficiencies noted above,
the Committee understands that the entitlement-based nature of
the Military Personnel accounts and the sizable volume of
obligations in the last quarter of the fiscal year create a
unique budgeting challenge for the Department. The Committee
recognizes the Department's efforts to improve its budgeting
and oversight of the Military Personnel accounts by improving
its cost models and obligation methods and by establishing
formal management oversight of budget execution. While the
Committee does not include the proposed general provision in
its recommendation, it recognizes that the additional
flexibility provided by such a proposal could enable the
Department to better manage the Military Personnel
appropriation and avoid further ADA violations. The
Consolidated Appropriations Act, 2012 included a provision
directing the Inspector General of the Department of Defense to
conduct a review of ADA violations in the Military Personnel
accounts and submit recommendations for the implementation of
corrective actions. The Committee looks forward to reviewing
the Inspector General's report and will reconsider the proposed
provision based on the report's findings and recommendations.
In addition, the Committee remains extremely concerned over
the length of time it takes the Department to complete
investigations into potential ADA violations in the Military
Personnel accounts, including an investigation still pending on
a violation dating from fiscal year 2005. The Committee directs
the Undersecretary of Defense (Comptroller) to report to the
congressional defense committees not later than 120 days after
enactment of this Act on the actions being taken to complete
ADA violation investigations in a timely manner.
REDUCTION OF TROOP END STRENGTH
The fiscal year 2013 budget request proposes a reduction of
end strength in the active duty Army, Navy, Marine Corps, and
Air Force, and the Navy Reserve, Air Force Reserve, Army
National Guard, and Air National Guard components from fiscal
year 2012 to fiscal year 2017. The budget proposes to reduce
the size of the active duty Army and Marine Corps by 72,000 and
20,000 personnel respectively over this time period. While the
changes proposed as part of the Air Force strategic guidance
are addressed elsewhere in this report, the Committee remains
concerned that the recommendation to reduce troop end strength
across the Services is budget driven rather than based on
military requirements.
In addition, the Committee understands that accomplishing
the drawdown of end strength so quickly could prove difficult
as all Services are currently operating at or near their
authorized end strengths and continue to meet or exceed their
recruiting and retention goals. The Committee believes that in
this uncertain world, any changes in force structure must be
tempered by the need to provide a strong, capable, and highly
qualified force ready to meet current obligations and respond
to any future potential military needs.
RETROACTIVE STOP LOSS SPECIAL PAY PROGRAM
The Retroactive Stop Loss Special Pay Program authorizes
the Secretary of Defense to provide compensation to qualifying
servicemembers who were involuntarily extended on active duty
under Stop Loss authority from September 11, 2001 through
September 30, 2009. The Consolidated Appropriations Act, 2012
extended the deadline for submission of a claim through October
21, 2012. According to the Defense Finance and Accounting
Service, as of February 2012, more than 97,000 retroactive stop
loss claims from servicemembers have been processed for
payment. The Committee understands that the Department has
pursued numerous methods to contact military personnel who
would be eligible for compensation, including through direct
mail, outreach through Veteran and Military Service
Organizations, contemporary and social media, and the Public
Affairs offices of the Secretary of Defense and Military
Services. The Committee directs the Secretary of Defense to
continue to use every means available to reach out to any
remaining eligible personnel before the conclusion of the
program.
SUICIDE PREVENTION TRAINING AND OUTREACH
Suicide remains an issue of ongoing concern among the
Services, particularly in the National Guard and reserve
components. Although the rate of suicides in the National Guard
and reserve components has decreased somewhat from calendar
year 2010 to calendar year 2011, it remains far too high. While
servicemembers serving on active duty return from deployments
to military bases which provide more structured support
networks, returning guardsmen and reservists are frequently
geographically isolated from their units and may not have the
regular interactions with their peers and chain of command that
their active duty counterparts experience. The Committee is
aware that suicide remains a problem among servicemembers who
have never deployed as well as those who have deployed once or
multiple times. The Committee acknowledges the steps the
Services have taken to implement suicide prevention training
and outreach efforts and to lower the rate of suicide among
servicemembers. In addition, the Committee recognizes the
important role that programs such as Yellow Ribbon serve in
helping guardsmen and reservists transition to civilian life
upon returning from deployments.
The Committee believes that more must be done to identify
at-risk servicemembers and to improve prevention and outreach
efforts. For example, recent National Guard pilot programs
embedding mental health providers in geographically separated
or high risk units to make them readily available during annual
training and inactive duty training have shown some initial
successes. The Committee understands that the National Guard
Bureau Office of the Joint Surgeon, Psychological Health is
working with states to identify high-risk units for embedded
counselor placement and supports efforts to improve access to
mental health providers for all servicemembers, especially
those in the National Guard and reserve components. In
addition, the Committee provides increased funding for suicide
prevention as well as the Air National Guard Yellow Ribbon
program, which was underfunded in the budget request, and urges
the Secretary of Defense to ensure that future budget requests
include adequate funding for these important programs. The
Committee urges the Services to continue to make suicide
prevention a key priority and to regularly update the Committee
on actions being taken.
SEXUAL ASSAULT PREVENTION AND RESPONSE
Sexual assault remains a pervasive problem in the military.
The Committee recognizes the measures that the Department of
Defense has taken to reduce and prevent sexual assault, to
prosecute perpetrators, and to respond to victims. The
Secretary of Defense has implemented several new victim-focused
policies, including providing additional legal assistance to
victims, offering expedited transfers for victims of sexual
assault, requiring Sexual Assault Response Coordinators and
victim advocates to be credentialed, increasing funding for
investigators and judge advocates to receive specialized
training, and implementing enhanced sexual assault prevention
and response training for commanders and senior noncommissioned
officers. The Committee strongly supports Department and
Service efforts to combat sexual assault and fully funds the
President's request for Sexual Assault Prevention and Response
programs at the Service level and at the Department of Defense
Sexual Assault Prevention and Response Program Office.
HAZING IN THE ARMED FORCES
The Committee is extremely concerned by recent reports of
hazing in the military. Hazing is inconsistent with the values
of the military, and such behavior should not be tolerated
within the military. The Committee understands that the
Services are taking steps to better report incidents of hazing
and to discipline servicemembers involved in such incidents.
The Committee directs the Secretary of Defense to provide a
report to the congressional defense committees not later than
180 days after enactment of this Act on the rates of incidence
of hazing, harassment, and mistreatment of servicemembers, as
well as a review of the policies to prevent and respond to
alleged hazing incidents. The report should also include
recommendations for implementation of a consistent reporting
system for the Services and recommendations to implement
prevention and education programs related to hazing and its
harmful effects.
MINORITY OUTREACH
Minorities are underrepresented in the officer ranks across
the Services as well as in the officer and enlisted ranks of
the Navy SEALs compared to personnel serving elsewhere in both
the active and reserve components of the Navy and Marine Corps.
To build a more diverse organization, disparities in
representation need to be addressed by effective outreach that
will expand the pool of well-qualified candidates to serve as
military officers and as Navy SEALs. The Committee supports
efforts to conduct effective outreach and recruiting programs
in minority communities and encourages the Secretary of Defense
and the Commander, Special Operations Command to support
efforts to improve diversity in the military, including in the
officer ranks and within the Special Operations Forces. The
Committee directs the Commander, Special Operations Command to
provide a report to the congressional defense committees not
later than 90 days after enactment of this Act on the
challenges of recruiting prospective Navy SEAL applicants from
underrepresented communities and to provide recommendations to
increase the competitiveness and to encourage recruitment of
such candidates.
MILITARY PERSONNEL, ARMY
Fiscal year 2012 appropriation........................ $43,298,409,000
Fiscal year 2013 budget request....................... 40,777,844,000
Committee recommendation.............................. 40,730,014,000
Change from budget request............................ -47,830,000
The Committee recommends an appropriation of
$40,730,014,000 for Military Personnel, Army. The total amount
recommended in the bill will provide the following program in
fiscal year 2013:
ARMY MILITARY PERSONNEL FUNDING SHORTFALL
The Committee understands that the Army has a potential
shortfall in the fiscal year 2013 Military Personnel, Army
appropriation due to three primary factors: expected under
execution of the Temporary End Strength Army Medical; a higher
active component grade plate; and an expected increase in
reserve component soldiers serving on active duty. While the
existence of a shortfall could not be verified in time to
address it in this Act, the Committee commends the Army for
highlighting the situation in a timely manner. The Committee
remains committed to work with the Army to address the
situation.
MILITARY PERSONNEL, NAVY
Fiscal year 2012 appropriation........................ $26,803,334,000
Fiscal year 2013 budget request....................... 27,090,893,000
Committee recommendation.............................. 27,075,933,000
Change from budget request............................ -14,960,000
The Committee recommends an appropriation of
$27,075,933,000 for Military Personnel, Navy. The total amount
recommended in the bill will provide the following program in
fiscal year 2013:
LITTORAL COMBAT SHIP MANNING
From its inception, the Littoral Combat Ship (LCS) was
planned to be minimally manned by small, experienced crews and
therefore contains limited berthing commensurate with the
minimal manning requirement. It is the Committee's
understanding that all crewmembers were to have experienced at
least one deployment prior to joining the LCS crew and that no
first tour junior officers or first term enlisted sailors would
be eligible to join an LCS crew without having prior at-sea
experience. Since the prototypical training opportunities are
not available on the LCS and manning is limited, the entire
crew must be capable of performing a variety of tasks. The
Committee now understands that the Navy is assigning ensigns
without prior sea duty to each LCS crew as part of a new pilot
program. The Committee is concerned that the lack of training
opportunities will pose a particular challenge for junior
officers with no at-sea crew experience. In addition, the LCS
will have to rely on the addition of an interim or temporary
berthing module when fully manned to accommodate all of the
personnel onboard due to an insufficient number of permanent
berths.
The Committee is concerned that the current LCS manning
model is unrealistic and that relying on temporary solutions
such as berthing modules to accommodate additional crewmembers
is both impractical and detrimental to the quality of life of
the entire crew. The Committee understands that more berths
could be added to future ships to provide sufficient permanent
berthing for all crewmembers. The Committee directs the
Secretary of the Navy to submit a report to the congressional
defense committees not later than 120 days after enactment of
this Act on future manning plans for the LCS. The report should
include the Navy's plan for future manning requirements,
including how additional crewmembers will be accommodated based
on the outcome of the aforementioned pilot program, how
training opportunities for junior crew members will be
provided, a projected timeline for proposed manning changes,
and a projected cost of ship modifications to accommodate
additional crew members.
MILITARY PERSONNEL, MARINE CORPS
Fiscal year 2012 appropriation........................ $13,635,136,000
Fiscal year 2013 budget request....................... 12,481,050,000
Committee recommendation.............................. 12,560,999,000
Change from budget request............................ 79,949,000
The Committee recommends an appropriation of
$12,560,999,000 for Military Personnel, Marine Corps. The total
amount recommended in the bill will provide the following
program in fiscal year 2013:
MILITARY PERSONNEL, AIR FORCE
Fiscal year 2012 appropriation...................... $28,096,708,000
Fiscal year 2013 budget request..................... 28,048,539,000
Committee recommendation............................ 28,124,109,000
Change from budget request.......................... 75,570,000
The Committee recommends an appropriation of
$28,124,109,000 for Military Personnel, Air Force. The total
amount recommended in the bill will provide the following
program in fiscal year 2013:
CREECH AIR FORCE BASE INCENTIVE PAY
In fiscal year 2008, the Air Force authorized Creech
Assignment Incentive Pay (AIP) for personnel assigned to Creech
Air Force Base, Nevada to support manning of the Remotely
Piloted Aircraft mission. The Air Force described the pay as
necessary because Creech Air Force Base was an austere location
with limited infrastructure. In fiscal year 2012, the Secretary
of Defense stated that Creech AIP would not be extended beyond
December 31, 2011. The Consolidated Appropriations Act, 2012
reduced excess funding no longer required due to the
discontinuation of Creech AIP in accordance with the
Secretary's decision. General Provision 8005 of the same Act
prohibited the Department of Defense from using the transfer
authority provided in those cases ``where the item for which
funds are requested has been denied by the Congress.''
Additionally, in the DD Form 1414 Base for Reprogramming
Actions, the Air Force identified Creech AIP as being
specifically reduced by a congressional committee and it noted
that Below Threshold Reprogramming (BTR) authority cannot be
used to restore specific congressional reductions, including
funding for Creech AIP.
The Committee is extremely disturbed to learn that the
Department of the Air Force blatantly violated public law,
disregarded congressional intent, and ignored its own budget
guidance by continuing to fund Creech AIP without prior
congressional approval as required. On March 30, 2012, the
Secretary of the Air Force stated that Creech AIP will continue
until September 30, 2012 and will not be extended beyond that
deadline. The Committee understands that no funding has been
requested for Creech AIP in fiscal year 2013 and the Committee
provides no funding for Creech AIP in accordance with the
Secretary's decision. Any funding provided for this purpose,
including amounts within the Below Threshold Reprogramming
limit, must first be approved by a prior approval
reprogramming.
AIR FORCE BASE FAMILY HOUSING PRIVATIZATION
The Department of the Air Force is in the process of
completing the Family Housing Privatization Initiative at all
domestic bases. The Committee understands that three projects,
the Western Group, the Northern Group, and the Continental
Group, experienced unforeseen project delays, and thus the Air
Force did not request funding in the Military Personnel
appropriation for Basic Allowance for Housing for
servicemembers living at those bases. The Committee also
understands that the Air Force now expects those projects to
close ahead of the revised schedule. The Western Group project
closed in March 2012, while the Air Force's most recent
estimates show that the Northern Group will close in September
2012, and the Continental Group will close sometime in fiscal
year 2013, although its timing remains uncertain. The Committee
provides funding to cover anticipated shortfalls related to the
Western Group and Northern Group, but it does not include
funding for possible shortfalls related to the Continental
Group due to its continued schedule uncertainties. The
Committee directs the Secretary of the Air Force to provide
regular updates on the proposed timeline for the Northern Group
and Continental Group as they become available.
RESERVE PERSONNEL, ARMY
Fiscal year 2012 appropriation........................ $4,289,407,000
Fiscal year 2013 budget request....................... 4,513,753,000
Committee recommendation.............................. 4,456,823,000
Change from budget request............................ -56,930,000
The Committee recommends an appropriation of $4,456,823,000
for Reserve Personnel, Army. The total amount recommended in
the bill will provide the following program in fiscal year
2013:
RESERVE PERSONNEL, NAVY
Fiscal year 2012 appropriation........................ $1,935,544,000
Fiscal year 2013 budget request....................... 1,898,668,000
Committee recommendation.............................. 1,871,688,000
Change from budget request............................ -26,980,000
The Committee recommends an appropriation of $1,871,688,000
for Reserve Personnel, Navy. The total amount recommended in
the bill will provide the following program in fiscal year
2013:
RESERVE PERSONNEL, MARINE CORPS
Fiscal year 2012 appropriation........................ $644,722,000
Fiscal year 2013 budget request....................... 664,641,000
Committee recommendation.............................. 651,861,000
Change from budget request............................ -12,780,000
The Committee recommends an appropriation of $651,861,000
for Reserve Personnel, Marine Corps. The total amount
recommended in the bill will provide the following program in
fiscal year 2013:
RESERVE PERSONNEL, AIR FORCE
Fiscal year 2012 appropriation........................ $1,712,705,000
Fiscal year 2013 budget request....................... 1,741,365,000
Committee recommendation.............................. 1,743,875,000
Change from budget request............................ 2,510,000
The Committee recommends an appropriation of $1,743,875,000
for Reserve Personnel, Air Force. The total amount recommended
in the bill will provide the following program in fiscal year
2013:
NATIONAL GUARD PERSONNEL, ARMY
Fiscal year 2012 appropriation........................ $7,585,645,000
Fiscal year 2013 budget request....................... 8,103,207,000
Committee recommendation.............................. 8,089,477,000
Change from budget request............................ -13,730,000
The Committee recommends an appropriation of $8,089,477,000
for National Guard Personnel, Army. The total amount
recommended in the bill will provide the following program in
fiscal year 2013:
NATIONAL GUARD PERSONNEL, AIR FORCE
Fiscal year 2012 appropriation........................ $3,088,929,000
Fiscal year 2013 budget request....................... 3,110,065,000
Committee recommendation.............................. 3,158,015,000
Change from budget request............................ 47,950,000
The Committee recommends an appropriation of $3,158,015,000
for National Guard Personnel, Air Force. The total amount
recommended in the bill will provide the following program in
fiscal year 2013:
TITLE II
OPERATION AND MAINTENANCE
The fiscal year 2013 budget request for programs funded in
title II of the Committee bill, Operation and Maintenance, is
$174,938,933,000 in new budget authority. These appropriations
finance the costs of operating and maintaining the Armed
Forces, including the reserve components and related support
activities of the Department of Defense. Included is pay for
civilians, services for maintenance of equipment, fuel,
supplies, and spare parts for weapons and equipment. Financial
requirements are influenced by many factors, including force
levels such as the number of aircraft squadrons, Army and
Marine Corps divisions, installations, military personnel
strength and deployments, rates of operational activity, and
the quantity, complexity, and age of equipment such as
aircraft, ships, missiles, and tanks. The Committee does not
provide funding for a proposed civilian pay raise in fiscal
year 2013.
The table below summarizes the Committee's recommendations.
RESTORATION OF FUNDING FOR UNREALISTIC EFFICIENCY SAVINGS
The House Report 112-110, accompanying the Department of
Defense Appropriations Bill for fiscal year 2012, included
language expressing the Committee's concern over many of the
Department of Defense's proposed efficiency savings. In
particular, the report stated that ``more troubling were
instances in which underfunding valid requirements were claimed
as efficiencies,'' including the decision to underfund base
facility sustainment requirements and claim this reduction as
infrastructure savings. In fiscal year 2013, the Department
once again requests reduced funding for facility sustainment
requirements and claims the reduction as infrastructure savings
rather than deferral of maintenance. The Committee restores
funding for Facilities Sustainment, Restoration and
Modernization programs for the individual Services, the reserve
components, and for Services' medical facilities, as well as
for the Army Base Operations Support program.
OPERATION AND MAINTENANCE REPROGRAMMINGS
The Secretary of Defense is directed to submit the Base for
Reprogramming (DD Form 1414) for each of the fiscal year 2013
appropriation accounts not later than 60 days after enactment
of this Act. The Secretary of Defense is prohibited from
executing any reprogramming or transfer of funds for any
purpose other than originally appropriated until the
aforementioned report is submitted to the House and Senate
Appropriations Committees.
The Secretary of Defense is directed to use the normal
prior approval reprogramming procedures to transfer funds in
the Services' operation and maintenance accounts between O-1
budget activities in excess of $15,000,000. In addition, the
Secretary of Defense should follow prior approval reprogramming
procedures for transfers in excess of $15,000,000 out of the
following budget sub-activities:
Army:
Maneuver units
Modular support brigades
Land forces operations support
Force readiness operations support
Land forces depot maintenance
Base operations support
Facilities Sustainment, Restoration, and Modernization
Navy:
Aircraft depot maintenance
Ship depot maintenance
Facilities Sustainment, Restoration, and Modernization
Marine Corps:
Depot maintenance
Facilities Sustainment, Restoration, and Modernization
Air Force:
Primary combat forces
Combat enhancement forces
Combat communications
Facilities Sustainment, Restoration, and Modernization
Operating forces depot maintenance
Mobilization depot maintenance
Training and recruiting depot maintenance
Administration and service-wide depot maintenance
Air Force Reserve:
Depot maintenance
Air National Guard:
Depot maintenance
Finally, the Secretary of Defense should follow prior
approval reprogramming procedures for transfers in excess of
$15,000,000 into the following budget subactivity:
Operation and Maintenance, Army National Guard:
Other personnel support/recruiting and advertising
With respect to Operation and Maintenance, Defense-Wide,
proposed transfers of funds to or from the levels specified for
defense agencies in excess of $15,000,000 shall be subject to
prior approval reprogramming procedures.
OPERATION AND MAINTENANCE BUDGET EXECUTION DATA
The Committee directs the Secretary of Defense to continue
to provide the congressional defense committees with quarterly
budget execution data. Such data should be provided not later
than 45 days after the close of each quarter of the fiscal
year, and should be provided for each O-1 budget activity,
activity group, and subactivity group for each of the active,
defense-wide, reserve, and National Guard components. For each
O-1 budget activity, activity group, and subactivity group,
these reports should include the budget request and actual
obligation amount; the distribution of unallocated
congressional adjustments to the budget request; all
adjustments made by the Department in establishing the Base for
Reprogramming (DD Form 1414) report, all adjustments resulting
from below threshold reprogrammings; and all adjustments
resulting from prior approval reprogramming requests.
MILITARY INFORMATION SUPPORT OPERATIONS
The budget request includes $251,600,000 for fiscal year
2013 Department of Defense military information support
operations programs. Of this amount, $52,700,000 is requested
as base funding and $198,900,000 is requested as Overseas
Contingency Operations funding. The Committee's recommendation
reduces the total request by $81,500,000. The allocation of
funds by Combatant Command and funding levels for certain
programs is specifically delineated in the classified annex to
this report. The delineations shall be considered a
congressional special interest item and any deviations from the
allocations are subject to sections 8005, 8006, and 9002 of
this Act.
The Committee has previously expressed its concern that
some activities undertaken by the Department do not fulfill
core military requirements and instead are more appropriately
funded by other federal agencies which are statutorily
authorized and traditionally charged with conducting such
activities. The Committee appreciates the significant oversight
and attention the Department has given to these programs and
believes that progress is being made to address the Committee's
concerns. Therefore, the recommendation includes funding for
activities requested as base funding for those items that
represent enduring military activities while continuing to fund
other activities as Overseas Contingency Operations that have
not been adequately justified as an enduring or traditional
military activity.
The Committee appreciates the Department's efforts to
provide more detailed information regarding the budgets for
these activities. However, the Committee believes this
information should be provided as part of the official budget
justification materials to enable proper analysis and
oversight. Therefore, the Committee directs the Secretary of
Defense to consult with the Committee to improve the official
budget justification materials for fiscal year 2014. The
Secretary of Defense is also directed to submit a report, not
later than 30 days after enactment of this Act, to the House
and Senate Appropriations Committees detailing the proposed
execution of the funding provided for these programs. This
report shall include the program name, activity, a description
of service, target audience, goals/objectives, attribution,
measures of effectiveness, prior year obligations and
expenditures, and the estimated budget for the year of
execution. This report, and the delineation of each program,
project, and activity, shall serve as the basis for
reprogramming in accordance with section 8006 of this Act.
STEM EDUCATION
The Committee is concerned about the future of the Nation's
workforce, specifically in the science, technology,
engineering, and math (STEM) disciplines. These skills are
vitally needed within the Department of Defense to maintain
United States military superiority. While these skills are
underrepresented in the available workforce, minorities
especially are underrepresented in these skill sets both in the
current workforce and at university levels.
The Committee encourages the Department to support the
development of STEM skill sets, especially in undergraduate and
graduate programs, and to focus on increasing the participation
and success of minority students through engaged mentoring,
enriched research experiences, and opportunities to publish,
present, and network. These factors, along with peer-to-peer
mentoring, have been demonstrated to be a successful model for
minority education.
BORDER SECURITY EQUIPMENT
The Committee supports the efforts of the Department of
Defense, including the efforts of the Defense Logistics Agency
and the Domestic Preparedness Support Initiative, to
collaborate and coordinate with other agencies at the federal,
state, and local levels, including the Department of Homeland
Security and the Department of Justice, and to prioritize the
distribution of equipment and technologies that will mitigate
security threats and violence along the southwest border of the
United States, including efforts to curb the crossing of
illegal aliens and the trafficking of humans, firearms,
chemical precursors, narcotics, and bulk cash.
STATE AND LOCAL PARTNERSHIPS
The Committee encourages the Secretary of Defense, in
conjunction with the Services, to consider entering cooperative
agreements with State and local governments for use of certain
multi-use military facilities for public affairs activities
that benefit local job creation, including commercial
activities that promote American technology. The Committee
expects any such agreements would be at no cost to the military
and would not create an undue burden to accomplishing the
inherent mission of the facility.
MIDDLE EAST SECURITY DIALOGUES
The Committee supports the Department of Defense's efforts
to promote region-wide informal conferences and task forces on
arms control, regional security, and related topics to the
Middle East for Arab, Israeli, and other officials and experts
engaged in security dialogues in the Middle East at U.S.
institutions of higher education.
POW/MIA ACCOUNTABILITY EFFORTS
The Committee supports the Department of Defense's efforts
to comply with the Prisoner Of War/Missing In Action accounting
goals established in Section 1509(f)(2)(d)(2) of the fiscal
year 2010 National Defense Authorization Act, as well as the
Department's use of universities and non-profit entities
qualified to support the fulfillment of the accounting goals.
CIVIL AFFAIRS CENTER AND SCHOOL
The civil-military interface is increasingly vital to U.S.
national security goals, such as conflict prevention and
Counterinsurgency Operations (COIN), with civil affairs forces
acting as key participants in such strategies. The Committee
supports the Army's commitment to improve the language and
cultural training and education of the General Purpose Forces
of both the active and reserve components and to establish a
branch and force modernization proponent for Civil Affairs to
support the Army's total force. The Committee supports the
Civil Affairs program in the active and reserve components and
encourages the leveraging of existing investment in language
and cultural training.
OFFICIAL FLAG DISPLAYS
Currently, there is no uniform regulation governing the
inclusion of the flags of the District of Columbia and the U.S.
Territories. The Department of the Army is the only branch of
the military that has taken steps to ensure a service-wide
policy requiring the display of all flags. The Committee
encourages the Secretary of Defense to adopt the Army's policy,
which states that when the official flags of all 50 states are
displayed by the Armed Forces, such displays shall also include
the flags of the District of Columbia, the Commonwealth of
Puerto Rico, the United States Virgin Islands, Guam, American
Samoa, and the Commonwealth of the Northern Marianas Islands.
OPERATION AND MAINTENANCE, ARMY
Fiscal year 2012 appropriation........................ $31,072,902,000
Fiscal year 2013 budget request....................... 36,608,592,000
Committee recommendation.............................. 36,422,738,000
Change from budget request............................ -185,854,000
The Committee recommends an appropriation of
$36,422,738,000 for Operation and Maintenance, Army. The total
amount recommended in the bill will provide the following
program in fiscal year 2013:
JUNIOR RESERVE OFFICER TRAINING CORPS SCHOOLS
The Committee notes that the Army's request for operation
and maintenance includes an additional $9,289,000 to increase
the number of Junior Reserve Officer Training Corps (JROTC)
schools by eleven during fiscal year 2013. However, the
justification material supporting the fiscal year 2013 budget
request for Military Personnel, Army states that no additional
JROTC schools will be added in fiscal year 2013. The Committee
directs that the Army increase JROTC schools by eleven in
fiscal year 2013 consistent with the Army's operation and
maintenance budget request. Further, the Committee directs the
Secretary of the Army to provide a report to the congressional
defense committees not later than 30 days after enactment of
this Act that lists the eleven additional schools to be added
in fiscal year 2013.
UNJUSTIFIED PROGRAM GROWTH
Included in the Army's request for fiscal year 2013
operation and maintenance funding is more than $500,000,000 for
which no valid justification is provided. The Army's
justification material explains that program growth is due to
additional funding. The justification material does not provide
an explanation of how the funds will be used or why the funds
are necessary. The Committee has adjusted the Army's budget
request accordingly.
CEMETERIAL EXPENSES
The Committee does not support the budget request proposal
to fund Arlington National Cemetery through three separate
accounts contained in two different appropriations bills. The
budget request proposes $25,000,000 to be provided through
Operation and Maintenance, Army, $103,000,000 to be provided
through Military Construction, Army, and $45,800,000 to be
provided through Cemeterial Expenses, Army for a total of
$173,800,000. The Committee recommends no funds be provided
through Operation and Maintenance, Army.
OPERATION AND MAINTENANCE, NAVY
Fiscal year 2012 appropriation........................ $38,120,821,000
Fiscal year 2013 budget request....................... 41,606,943,000
Committee recommendation.............................. 41,463,773,000
Change from budget request............................ -143,170,000
The Committee recommends an appropriation of
$41,463,773,000 for Operation and Maintenance, Navy. The total
amount recommended in the bill will provide the following
program in fiscal year 2013:
STRATEGIC DISPERSAL OF AIRCRAFT CARRIERS
The Committee understands that the Department of the Navy
has delayed the strategic dispersal of the Nation's east coast
aircraft carriers due to fiscal concerns. The Committee
continues to support the Navy's policy of strategic dispersal
of aircraft carriers on both the east and west coast and
strongly encourages the Secretary of the Navy to provide
funding to the projects in the outyears that will satisfy this
requirement.
OPERATION AND MAINTENANCE, MARINE CORPS
Fiscal year 2012 appropriation........................ $5,542,937,000
Fiscal year 2013 budget request....................... 5,983,163,000
Committee recommendation.............................. 6,075,667,000
Change from budget request............................ 92,504,000
The Committee recommends an appropriation of $6,075,667,000
for Operation and Maintenance, Marine Corps. The total amount
recommended in the bill will provide the following program in
fiscal year 2013:
OPERATION AND MAINTENANCE, AIR FORCE
Fiscal year 2012 appropriation........................ $34,985,486,000
Fiscal year 2013 budget request....................... 35,435,360,000
Committee recommendation.............................. 35,408,795,000
Change from budget request............................ -26,565,000
The Committee recommends an appropriation of
$35,408,795,000 for Operation and Maintenance, Air Force. The
total amount recommended in the bill will provide the following
program in fiscal year 2013:
VISIBILITY OF DEPOT MAINTENANCE FUNDING FOR AIR FORCE RESERVE AND AIR
NATIONAL GUARD
The Air Force Reserve and Air National Guard have not
properly justified $104,111,000 and $497,704,000, respectively,
of depot maintenance funding contained in the fiscal year 2013
budget request by not correctly reflecting the requested
funding for weapons system depot maintenance in the Depot
Maintenance Subactivity Group. The Committee remains concerned
that the lack of visibility of depot maintenance funding is an
obstacle to effective management of a program which is critical
to military readiness. The Consolidated Appropriations Act,
2012 consolidated all depot maintenance funding for the Air
Force in the Depot Maintenance Subactivity Group. In fiscal
year 2013, the Committee identifies and consolidates all depot
maintenance funding contained in the Air Force Reserve and Air
National Guard fiscal year 2013 budget requests in the
respective Depot Maintenance Subactivity Groups. The Committee
also directs the Secretary of the Air Force to display all
depot maintenance funds requested in the fiscal year 2014
budget in the Depot Maintenance Subactivity Group.
The Committee is also concerned that the Department of the
Air Force significantly underfunded Depot Maintenance for both
the Air Force Reserve and Air National Guard. The Committee
believes that failing to provide adequate funding for weapons
system depot maintenance will impact readiness and cause
aircraft to be grounded due to failure to meet maintenance
requirements. The Committee restores funding for depot
maintenance and expects that future budget requests to contain
sufficient funding for the reserve component depot maintenance
programs.
NATIONAL SECURITY REQUIREMENTS FOR NASA FACILITIES
For NASA property that has a national security purpose, the
Committee directs that the Department of Defense provide to the
House Committee on Appropriations a report, concurrent with any
report submitted by NASA for such property under 51 U.S.C.
20117 and consistent with the procedures established under 51
U.S.C. 20117, describing how continued access to such property
will remain viable.
OPERATION AND MAINTENANCE, DEFENSE-WIDE
Fiscal year 2012 appropriation........................ $30,152,008,000
Fiscal year 2013 budget request....................... 31,993,013,000
Committee recommendation.............................. 31,780,813,000
Change from budget request............................ -212,200,000
The Committee recommends an appropriation of
$31,780,813,000, for Operation and Maintenance, Defense-Wide.
The total amount recommended in the bill will provide the
following program in fiscal year 2013:
OPERATION AND MAINTENANCE, ARMY RESERVE
Fiscal year 2012 appropriation........................ $3,071,733,000
Fiscal year 2013 budget request....................... 3,162,008,000
Committee recommendation.............................. 3,199,423,000
Change from budget request............................ 37,415,000
The Committee recommends an appropriation of $3,199,423,000
for Operation and Maintenance, Army Reserve. The total amount
recommended in the bill will provide the following program in
fiscal year 2013:
OPERATION AND MAINTENANCE, NAVY RESERVE
Fiscal year 2012 appropriation........................ $1,305,134,000
Fiscal year 2013 budget request....................... 1,246,982,000
Committee recommendation.............................. 1,256,347,000
Change from budget request............................ 9,365,000
The Committee recommends an appropriation of $1,256,347,000
for Operation and Maintenance, Navy Reserve. The total amount
recommended in the bill will provide the following program in
fiscal year 2013:
OPERATION AND MAINTENANCE, MARINE CORPS RESERVE
Fiscal year 2012 appropriation........................ $271,443,000
Fiscal year 2013 budget request....................... 272,285,000
Committee recommendation.............................. 277,377,000
Change from budget request............................ 5,092,000
The Committee recommends an appropriation of $277,377,000
for Operation and Maintenance, Marine Corps Reserve. The total
amount recommended in the bill will provide the following
program in fiscal year 2013:
OPERATION AND MAINTENANCE, AIR FORCE RESERVE
Fiscal year 2012 appropriation........................ $3,274,359,000
Fiscal year 2013 budget request....................... 3,166,482,000
Committee recommendation.............................. 3,362,041,000
Change from budget request............................ 195,559,000
The Committee recommends an appropriation of $3,362,041,000
for Operation and Maintenance, Air Force Reserve. The total
amount recommended in the bill will provide the following
program in fiscal year 2013:
OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD
Fiscal year 2012 appropriation........................ $6,924,932,000
Fiscal year 2013 budget request....................... 7,108,612,000
Committee recommendation.............................. 7,187,731,000
Change from budget request............................ 79,119,000
The Committee recommends an appropriation of $7,187,731,000
for Operation and Maintenance, Army National Guard. The total
amount recommended in the bill will provide the following
program in fiscal year 2013:
NATIONAL GUARD STATE PARTNERSHIP PROGRAM
The National Guard State Partnership Program (SPP) is an
innovative program that partners individual National Guards
with allied nations to exchange military skills and experience,
share defense knowledge, enhance partnership capacity, and
further mutual security cooperation. For twenty years, the SPP
has played a critical role in extending U.S. military
capabilities, enhancing bilateral relations, and supporting the
missions of U.S. ambassadors and combatant commanders abroad by
creating sustainable cooperative partnerships between the state
and territorial National Guards and foreign partner nations. By
promoting better understanding of one another's military needs
and security concerns, the SPP helps lay the foundation for
more effective teamwork and a more cooperative security
environment among friendly and allied nations. The Committee
fully funds the President's request for the SPP and supports
the continued efforts of this program.
NATIONAL GUARD CIVIL SUPPORT TEAMS
The Deputy's Management Action Group (DMAG), created by the
Deputy Secretary of Defense to eliminate wasteful spending, has
chosen to eliminate two National Guard Weapons of Mass
Destruction/Civil Support Teams (WMD/CSTs)--one each in New
York and Florida.
WMD/CSTs were established to rapidly assist a local
incident commander in determining the nature and extent of an
attack or incident by identifying agents and substances,
assessing current and projected consequences, advising on
response measures, and assisting with requests for additional
military support. Teams provide expert technical advice on WMD
response operations and help identify and support the arrival
of follow-on state and federal military response assets. They
are joint units and, as such, might consist of both Army
National Guard and Air National Guard personnel.
Currently there are 57 WMD/CSTs--one in each state, plus
one in the District of Columbia, Guam, Puerto Rico, and the
U.S. Virgin Islands, and two each in the states of California,
New York, and Florida, due to the geographic separation and
concentrations of populations in these three states.
The Committee believes that the DMAG's recommendation to
eliminate WMD/CSTs from New York and Florida is an imprudent
decision, especially given that the additional teams in New
York and Florida were recently certified.
The personnel and operation and maintenance costs for each
team averages less than $5,000,000 annually.
Given the geographic disparity and high population
concentrations of these two states, the Committee directs that
the Secretary of Defense review the DMAG's recommendations
regarding this reduction and not later than 90 days after
enactment of this Act provide a report to the congressional
defense committees outlining in detail the savings expected by
this reduction, and how these savings outweigh the benefit of
providing WMD/CST coverage at these two important locations.
Additionally, the Committee expects the Department of Defense
to fully fund the two teams in New York and Florida in the
fiscal year 2014 request.
OPERATION AND MAINTENANCE, AIR NATIONAL GUARD
Fiscal year 2012 appropriation........................ $6,098,780,000
Fiscal year 2013 budget request....................... 6,015,455,000
Committee recommendation.............................. 6,608,826,000
Change from budget request............................ 593,371,000
The Committee recommends an appropriation of $6,608,826,000
for Operation and Maintenance, Air National Guard. The total
amount recommended in the bill will provide the following
program in fiscal year 2013:
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
Fiscal year 2012 appropriation........................ $13,861,000
Fiscal year 2013 budget request....................... 13,516,000
Committee recommendation.............................. 13,516,000
Change from budget request............................ - - -
The Committee recommends an appropriation of $13,516,000
for the United States Court of Appeals for the Armed Forces.
ENVIRONMENTAL RESTORATION, ARMY
Fiscal year 2012 appropriation........................ $346,031,000
Fiscal year 2013 budget request....................... 335,921,000
Committee recommendation.............................. 335,921,000
Change from budget request............................ - - -
The Committee recommends an appropriation of $335,921,000
for Environmental Restoration, Army.
ENVIRONMENTAL RESTORATION, NAVY
Fiscal year 2012 appropriation........................ $308,668,000
Fiscal year 2013 budget request....................... 310,594,000
Committee recommendation.............................. 310,594,000
Change from budget request............................ - - -
The Committee recommends an appropriation of $310,594,000
for Environmental Restoration, Navy.
ENVIRONMENTAL RESTORATION, AIR FORCE
Fiscal year 2012 appropriation........................ $525,453,000
Fiscal year 2013 budget request....................... 529,263,000
Committee recommendation.............................. 529,263,000
Change from budget request............................ - - -
The Committee recommends an appropriation of $529,263,000
for Environmental Restoration, Air Force.
ENVIRONMENTAL RESTORATION, DEFENSE-WIDE
Fiscal year 2012 appropriation........................ $10,716,000
Fiscal year 2013 budget request....................... 11,133,000
Committee recommendation.............................. 11,133,000
Change from budget request............................ - - -
The Committee recommends an appropriation of $11,133,000
for Environmental Restoration, Defense-Wide.
ENVIRONMENTAL RESTORATION, FORMERLY USED DEFENSE SITES
Fiscal year 2012 appropriation........................ $326,495,000
Fiscal year 2013 budget request....................... 237,543,000
Committee recommendation.............................. 237,543,000
Change from budget request............................ - - -
The Committee recommends an appropriation of $237,543,000
for Environmental Restoration, Formerly Used Defense Sites.
OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID
Fiscal year 2012 appropriation........................ $107,662,000
Fiscal year 2013 budget request....................... 108,759,000
Committee recommendation.............................. 108,759,000
Change from budget request............................ - - -
The Committee recommends an appropriation $108,759,000 for
Overseas Humanitarian, Disaster, and Civic Aid.
COOPERATIVE THREAT REDUCTION ACCOUNT
Fiscal year 2012 appropriation........................ $508,219,000
Fiscal year 2013 budget request....................... 519,111,000
Committee recommendation.............................. 519,111,000
Change from budget request............................ - - -
The Committee recommends an appropriation of $519,111,000
for the Cooperative Threat Reduction Account.
DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE DEVELOPMENT FUND
Fiscal year 2012 appropriation........................ $105,501,000
Fiscal year 2013 budget request....................... 274,198,000
Committee recommendation.............................. 50,198,000
Change from budget request............................ -224,000,000
The Committee recommends an appropriation of $50,198,000
for the Department of Defense Acquisition Workforce Development
Fund for fiscal year 2013.
DEFENSE ACQUISITION WORKFORCE DEVELOPMENT FUND
The purpose of the Defense Acquisition Workforce
Development Fund is to ensure the Department has the capacity
in both personnel and skills needed to perform its acquisition
mission, provide appropriate oversight of contractor
performance, and ensure that the Department receives the best
possible value for its use of the taxpayer's precious
resources. The fund accomplishes this purpose through the use
of directly appropriated funds as well as using funding
transferred from other efforts. In fiscal year 2013, the budget
request proposes $274,198,000 to meet the Department's
statutory level of $944,000,000 for the year. Department
representatives have stated that this level of funding will not
be required to achieve the goals of the fund in fiscal year
2013. Accordingly, the Committee recommends funding of
$50,198,000, which represents a reduction of $224,000,000 below
the request and maintains the fund at the fiscal year 2012
level.
TITLE III
PROCUREMENT
ESTIMATES AND APPROPRIATIONS SUMMARY
The fiscal year 2013 Department of Defense procurement
budget request totals $97,194,677,000, with advanced
appropriations of $4,426,700,000, for a total of
$101,621,377,000. The table below summarizes the budget
estimates and the Committee's recommendations.
ADVANCED MEDIUM RANGE AIR-TO-AIR MISSILE
The Committee recommends $304,327,000 for procurement of
the Advanced Medium Range Air-to-Air Missile (AMRAAM) in the
Weapons Procurement, Navy and Missile Procurement, Air Force
accounts, a decrease of $27,993,000 below the request. The
decrease is due to lower than expected missile costs based upon
the contract award of the Lot 26 (fiscal year 2012) contract.
The recommendation fully funds the requested quantity of 180
missiles and also rescinds a total of $40,572,000 from prior
year appropriations to the same accounts due to the fiscal year
2012 contract savings.
The Committee is concerned with the level of diminishing
manufacturing sources (DMS) costs within the AMRAAM program.
The fiscal year 2013 request for AMRAAM DMS is $64,496,000, or
19.4 percent of the total request, and program officials have
reported that DMS costs are projected to increase to
$100,000,000 annually, an amount that appears to be far higher
than that of any other missile program. The Committee therefore
directs the Secretary of the Air Force to submit a report to
the congressional defense committees on the management of DMS
within the AMRAAM program. This report shall include, at a
minimum: identification of the cost drivers for DMS within the
AMRAAM program; a comparison of AMRAAM DMS costs with other
Department of Defense tactical missile programs; a discussion
of the AMRAAM program's approach to DMS and its conformity with
departmental guidance and best practices; and an economic
analysis demonstrating the costs and benefits, including the
break-even point, of the AMRAAM DMS program. This report shall
be submitted not later than 90 days after enactment of this
Act.
GLOBAL HAWK BLOCK 30
The Air Force's fiscal year 2013 budget request proposes
terminating the Global Hawk Block 30 program and retiring the
18 aircraft that have been delivered or are currently in
production. The Air Force also intends not to execute funds
provided for three additional Block 30 aircraft, which the Air
Force requested in fiscal year 2012. The Block 30 aircraft and
sensor suite previously was designated by the Air Force as the
platform to replace the U-2 aircraft for high altitude
intelligence, surveillance, and reconnaissance (ISR) by 2016.
On June 14, 2011, the Under Secretary of Defense for
Acquisition, Technology and Logistics certified the Global Hawk
Block 30 program as essential to national security per the
Nunn-McCurdy Act. The certification further stated that the U-2
would cost $220,000,000 per year more than the Global Hawk in
the context of the Block 30 mission requirement. The Air
Force's dramatic reversal of position on the respective merits
of the Block 30 and the U-2 appears to be based on three major
factors: a reduced requirement for high altitude ISR pursuant
to the Department of Defense's strategic review; an assessment
by the Department that the sensors on the U-2 perform at a
level equal or superior to those on the Block 30; and that cost
considerations favor the U-2.
The Committee does not concur with the Air Force's proposal
to retire the Global Hawk Block 30. First, the abrupt reversal
of the Department's position on the relative merits of the
Global Hawk Block 30 and the U-2 is highly dependent on the
assumptions and findings of the strategic review, and the
Committee believes that the rationale and implications of this
new strategy require further examination.
Second, the Air Force's contention that the U-2 is more
cost-effective than the Global Hawk is open to question. Air
Force data indicates that the operation and sustainment cost
per flight hour of the Global Hawk Block 30, approximately
$32,000, is roughly equal to that of the U-2. The new high
altitude ISR requirement appears to negate the Block 30's range
advantage, allowing the Air Force to perform the mission with
the existing U-2 fleet. However, since the Global Hawk's
endurance advantage should allow for fewer aircraft to execute
high altitude ISR orbits under the new requirement approved by
the Joint Requirements Oversight Council (JROC), the cost
comparison between the Global Hawk and the U-2 at the level of
mission execution is unclear. The Air Force has also stated
that achieving sensor ``parity'' between the U-2 and Global
Hawk would require additional funding up to $808,000,000, but
it has not justified this estimate or indicated alternatives,
such as adapting U-2 sensors for use on the Global Hawk.
Third, the Air Force has not presented the Committee with
the full range of options and associated costs for divesting
its Global Hawk Block 30 fleet. The ramifications of Block 30
termination include potential cost and schedule impacts to the
Navy's Broad Area Maritime Surveillance (BAMS) program and the
NATO Alliance Ground Surveillance (AGS) program.
The Committee directs the Secretary of the Air Force to
submit a report to the congressional defense committees that
includes the cost and feasibility of converting Global Hawk
Block 30 aircraft for the purposes of the Navy's Broad Area
Maritime Surveillance (BAMS) program; a detailed cost estimate
for achieving sensor ``parity'' between the U-2 and Global Hawk
and the assumptions behind such estimate, as well as an
estimate of the cost and feasibility of adapting U-2 sensors
for use on the Global Hawk Block 30 airframe; a comparison
between the Global Hawk and the U-2 of the number of aircraft
and cost required to execute a high altitude ISR orbit at the
range required by the JROC; and the estimated cost and schedule
impacts of Block 30 termination to both the BAMS and the NATO
AGS program. The sections of the report relating to BAMS shall
be developed in consultation with the Secretary of the Navy.
This report shall be provided not later than March 1, 2013.
Finally, the Committee directs the Air Force to fully
execute funding provided in fiscal year 2012 for the
procurement of three additional Global Hawk Block 30 aircraft
and includes bill language to this effect.
C-27J SPARTAN, C-23 SHERPA, AND DIRECT SUPPORT
The Air Force's fiscal year 2013 budget request proposed
terminating the C-27J Spartan, also known as the Joint Cargo
Aircraft. The C-27J fleet is assigned to the Air National Guard
and provides time sensitive/mission critical cargo delivery to
ground forces in austere environments. Congress has fully
funded the Air Force's program of record for 38 aircraft, of
which twelve had been delivered and nine were in production as
of February 2012.
The C-27J currently is operational in Afghanistan, and the
Committee has been presented with no evidence that the aircraft
is deficient in performance or otherwise fails to satisfy
mission requirements. The Air Force's proposal is based on the
contention that the C-27J's ``niche'' mission can be performed
equally well by the C-130 fleet at less cost. Even if such
considerations are valid, they were not made known to the
Committee when the Air Force requested funds for the
procurement of additional C-27J aircraft as recently as last
year. The Committee is concerned both by the impact that
termination of the C-27J would have on the Air National Guard
and the wastefulness of disowning an investment of
$1,040,000,000 in a brand new aircraft recently considered by
the Air Force and Army as vital to the direct support of
forward deployed troops. When combined with the Army's proposal
to phase out the Army National Guard's C-23 Sherpa fleet by
2015, the termination of the C-27 indicates flagging commitment
to ensuring the direct support mission within the Department of
Defense, and the devaluation of the role that aircraft such as
the C-23 and C-27 play in homeland defense and disaster
response support to the States. The Committee therefore does
not concur with the Air Force's proposal to terminate the C-27J
program.
The Committee directs the Secretary of the Air Force to
execute the existing funds provided by Congress in fiscal years
2011 and 2012 to procure up to 17 additional aircraft and
includes bill language to this effect. The Committee recommends
additional funds in this bill for the purchase of spares,
interim contractor support, and other costs required to
continue the C-27J program. Finally, the Committee includes
bill language prohibiting the further retirement of C-23 Sherpa
aircraft and includes funds to maintain the current fleet of 34
aircraft.
SPECIAL INTEREST ITEMS
Items for which additional funds have been provided as
shown in the project level tables or in paragraphs using the
phrase ``only for'' or ``only to'' in this report are
congressional interest items for the purpose of the Base for
Reprogramming (DD Form 1414). Each of these items must be
carried on the DD Form 1414 at the stated amount specifically
addressed in the committee report. These items remain special
interest items whether or not they are repeated in a subsequent
conference report.
REPROGRAMMING GUIDANCE FOR ACQUISITION ACCOUNTS
It is the intent of the Congress that the program baseline
for re-programming funds reflects all approved adjustment
actions: the initial appropriation as well as any rescissions,
supplemental appropriations, and approved Department of Defense
Form 1415 reprogrammings. The Secretary of Defense is directed
to ensure that financial management regulations incorporate
approved reprogramming actions as an adjustment to the base for
reprogramming value.
The Committee directs the Secretary of Defense to continue
to follow the reprogramming guidance specified in the report
accompanying the House version of the Department of Defense
Appropriations Act, 2006 (H.R. 109-119). Specifically, the
dollar threshold for reprogramming funds will remain at
$20,000,000 for procurement and $10,000,000 for research,
development, test and evaluation. The Secretary shall continue
to follow the limitation that prior approval reprogrammings are
set at either the specified dollar threshold or 20 percent of
the procurement or research, development, test and evaluation
line, whichever is less. The percentage change limitation
applies to both program increases and decreases. Additionally,
this percentage change applies to the program base value at the
time the below threshold movement of funds is executed. These
thresholds are cumulative from the base for reprogramming value
as modified by any adjustment action. Therefore, if the
combined value of transfers into or out of a procurement (P-1)
or research, development, test and evaluation (R-1) line
exceeds the identified threshold, the Secretary of Defense must
submit a prior approval reprogramming to the congressional
defense committees. In addition, guidelines on the application
of prior approval reprogramming procedures for congressional
special interest items are established elsewhere in this
report.
REPROGRAMMING REPORTING REQUIREMENTS
The Committee directs the Under Secretary of Defense
(Comptroller) to continue to provide the congressional defense
committees quarterly, spreadsheet-based DD Form 1416 reports
for service and defense-wide accounts in titles III and IV of
this Act as required in the explanatory statement accompanying
the Department of Defense Appropriations Act, 2006.
FUNDING INCREASES
The Committee directs that the funding increases outlined
in these tables shall be provided only for the specific
purposes indicated in the tables.
CLASSIFIED ANNEX
Adjustments to the classified programs are addressed in a
classified annex accompanying this report.
AIRCRAFT PROCUREMENT, ARMY
Fiscal year 2012 appropriation........................ $5,360,334,000
Fiscal year 2013 budget request....................... 5,853,729,000
Committee recommendation.............................. 6,115,226,000
Change from budget request............................ 261,497,000
This appropriation provides funds for the acquisition of
tactical and utility airplanes and helicopters, including
associated electronics, electronic warfare equipment for in-
service aircraft, ground support equipment, components, and
parts such as spare engines, transmission gear boxes, and
sensor equipment. It also funds related training devices such
as combat flight simulators and production base support.
The total amount recommended in the bill will provide the
following program in fiscal year 2013:
UH-72A LAKOTA LIGHT UTILITY HELICOPTERS
The budget request proposes $271,983,000 to procure 34 UH-
72A Lakota Light Utility Helicopters. The Committee is aware of
the excellent performance of UH-72A helicopters in both active
and reserve component Army units. The Committee recommendation
provides the full amount requested for UH-72A Light Utility
Helicopters. Additionally, the Committee recognizes the
increased capability the UH-72A provides to the Army National
Guard for homeland security, civil search and rescue, support
to training centers including medical evacuation, and counter-
drug operations. Accordingly, the Committee includes an
additional $23,997,000 above the budget request for a total of
$295,980,000. The additional funds are only for the procurement
of three Lakota helicopters for the Army National Guard,
including one to replace an aircraft lost in a training
accident.
UH-60 BLACKHAWK HELICOPTERS
The budget request proposes $1,107,087,000 to purchase 59
UH-60M helicopters. All of the aircraft are intended for the
active duty Army. However, the Committee is aware that the Army
National Guard operates a fleet of more than 815 Blackhawk
helicopters. Many of the Army National Guard aircraft date back
to the 1970s. The age of the National Guard fleet combined with
the high operating tempo experienced over a decade of war argue
for a combination of upgrades and new purchases to help
maintain an acceptable state of readiness. However, at the
current rate of upgrading the oldest UH-60s, the A models, the
work will not be completed until 2027. The Committee finds this
to be an unacceptable readiness risk. Accordingly, the
Committee recommendation includes an additional $199,000,000
above the budget request only for ten new UH-60M helicopters
for the Army National Guard. The total provided for new UH-60s
is $1,306,087,000.
Additionally, the Committee recommendation includes
$20,000,000 above the budget request of $73,804,000 for a total
of $93,804,000 for conversion of Army National Guard UH-60A
model aircraft to UH-60L model aircraft.
MISSILE PROCUREMENT, ARMY
Fiscal year 2012 appropriation........................ $1,461,223,000
Fiscal year 2013 budget request....................... 1,302,689,000
Committee recommendation.............................. 1,602,689,000
Change from budget request............................ 300,000,000
This appropriation provides funds for the acquisition of
surface-to-air, surface-to-surface, air-to-surface, and anti-
tank/assault missile systems. Also included are major
components, modifications, targets, test equipment, and
production base support.
The total amount recommended in the bill will provide the
following program in fiscal year 2013:
PATRIOT MISSILES
The budget request proposes $646,590,000 for Patriot
missile systems, including 84 missiles and 38 Enhanced Launcher
Electronic Systems. The Committee is aware of the importance of
the Patriot Advanced Capability 3 (PAC-3) missile to the
combatant commanders. The Committee is also aware of the threat
facing forward deployed units and the challenges of integrating
the capabilities of the various Patriot series missiles. The
Committee expects that advances achieved in the soon to be
fielded Missile Segment Enhancement Missile and technology
developed in the Medium Extended Air Defense System proof of
concept will enhance the coverage and lethality of our missile
defenses. In the near term; however, the Patriot PAC-3 provides
accurate and reliable surveillance, detection, and engagement
capability against tactical ballistic missiles, cruise
missiles, and air breathing threats. The Committee
recommendation fully supports the budget request of
$646,590,000 for additional Patriot systems. The recommendation
provides $300,000,000 above the budget request to provide
additional PAC-3 missiles and launcher systems in support of
the combatant commanders. The total funding provided is
$946,590,000.
PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES, ARMY
Fiscal year 2012 appropriation........................ $2,070,405,000
Fiscal year 2013 budget request....................... 1,501,706,000
Committee recommendation.............................. 1,884,706,000
Change from budget request............................ 383,000,000
This appropriation provides funds for the acquisition of
tanks, personnel and cargo carriers, fighting vehicles, tracked
recovery vehicles, self-propelled and towed howitzers, machine
guns, mortars, modification of in-service equipment, initial
spares, and production base support.
The total amount recommended in the bill will provide the
following program in fiscal year 2013:
BRADLEY FIGHTING VEHICLE
The budget request proposes $148,193,000 for the Bradley
Fighting Vehicle upgrade program. The Committee recommendation
fully funds the budget request and provides an additional
$140,000,000 for a total of $288,193,000. The Bradley Fighting
Vehicle has performed well in the wars in Iraq and Afghanistan.
The high priority placed on the Ground Combat Vehicle program--
Infantry Fighting Vehicle that will succeed the Bradley is a
testament to the importance of the armored-troop-carrying and
direct-engagement fighting vehicle with its multiple functional
configurations. From Operation Desert Storm to the present, as
the threat has adapted, the Army has upgraded the Bradley with
improved lethality, armor, fire controls, communications, and
situational awareness. The Committee is aware that the budget
request provides funding for Engineering Change Proposal 1
(ECP-1) upgrades to the track and suspension and funding for
Second Generation Forward Looking Infrared. The Committee
provides the additional $140,000,000 to support ECP-2, which
improves the power train and electrical system in order to
better support the technology advances of the Joint Tactical
Radio System, Battle Command System, Warfighter Information
Network-Tactical, and Second Generation Forward Looking
Infrared. The Committee directs the Secretary of the Army to
provide a report to the congressional defense committees, not
later than 90 days after enactment of this Act, which describes
the plan to use the additional funds to keep the Bradley
production base operating.
M1 ABRAMS TANK UPGRADE PROGRAM
The budget request includes $74,433,000 for the Abrams Tank
Upgrade Program. The requested funding is intended to provide
System Technical Support, Total Package Fielding for tanks that
have been produced, and New Equipment Training. The
recommendation provides $255,433,000 for the M1 Abrams Tank
Upgrade Program, which is $181,000,000 above the request, to
continue production of the latest model M1A2 SEP tank. The
Committee understands that the Secretary of the Army has taken
action using the additional funds provided by Congress in the
Consolidated Appropriations Act, 2012, that will mitigate risk
to the industrial base. The additional funds recommended in
this Act will support a continuation of that effort. The
additional tanks that will be produced will bring the tank
fleet closer to a ``pure fleet'' situation for training,
operations, and logistics. The Committee directs the Secretary
of the Army to provide a report to the congressional defense
committees, not later than 90 days after enactment of this Act,
that describes the plan to use the additional funds to sustain
the tank production base.
M88A2 HERCULES IMPROVED RECOVERY VEHICLE
The budget request includes $107,909,000 to procure 31
M88A2 Heavy Equipment Recovery Combat Utility Lift and
Evacuation Systems (HERCULES) Improved Recovery Vehicles. The
Committee recommendation fully funds the request and provides
an additional $62,000,000 for a total of $169,909,000. The
additional funding increases the number of M88A2s purchased by
18 to a total of 49 vehicles. The M88A2 is the only vehicle
that is capable of single vehicle recovery of the 70 ton M1A2
tank. Without the availability of an M88A2, Army units must use
two vehicles to recover an Abrams tank, with the second vehicle
serving as a braking vehicle. Using two lighter vehicles to tow
an M1A2 Abrams tank is difficult and dangerous. The Committee
understands that heavy brigade combat teams are equipped with a
mix of recovery vehicles, typically 15 M88A2s and 11 M88A1s.
The Committee encourages the Army to accelerate the replacement
of the A1 models with M88A2 Hercules vehicles.
SURVIVABILITY ENHANCEMENTS FOR COMBAT AND TACTICAL VEHICLES
The Committee is aware that in order to protect our troops
from injuries and deaths due to fires, survivability
enhancements have been applied to ground platforms,
specifically to the Army's Bradley Fighting Vehicle. The
Committee applauds this initiative and notes that mature
technologies exist that can improve occupant safety and the
chances for vehicle survivability. Accordingly, the Committee
looks forward to the Army's and other Services' continued
application of such mature, non-developmental approaches to
other ground combat and non-combat vehicles including, but not
limited to, Mine Resistant Ambush Protected vehicles and
Strykers.
PROCUREMENT OF AMMUNITION, ARMY
Fiscal year 2012 appropriation........................ $1,884,424,000
Fiscal year 2013 budget request....................... 1,739,706,000
Committee recommendation.............................. 1,576,768,000
Change from budget request............................ -162,938,000
This appropriation provides funds for the acquisition of
ammunition, modification of in-service stock, and related
production base support including the maintenance, expansion,
and modernization of industrial facilities and equipment.
The total amount recommended in the bill will provide the
following program in fiscal year 2013:
EXCALIBUR M982
The M982 Extended Range 155mm artillery projectile has
proven to be a reliable, accurate, and lethal weapon. The Army
is able to achieve the necessary effect with fewer rounds fired
and with reduced collateral damage. The budget request proposes
$110,329,000 in the base budget to procure 2,046 projectiles,
and $12,300,000 in Overseas Contingency Operations funding for
241 projectiles. The Committee recommendation fully funds the
Overseas Contingency Operations request. The Committee notes
that the base program has experienced a delay of about six
months as a result of a Nunn-McCurdy review and
recertification. The first production award for Increment 1b is
scheduled to take place in the second quarter of fiscal year
2013 using fiscal year 2012 carryover funding. The second
production award is scheduled to occur in the fourth quarter of
fiscal year 2013. Further delays would likely delay that award
until the first fiscal quarter of 2014. The Committee
recommendation includes $60,329,000 for Excalibur projectiles,
a reduction of $50,000,000 from the request.
OTHER PROCUREMENT, ARMY
Fiscal year 2012 appropriation........................ $7,924,214,000
Fiscal year 2013 budget request....................... 6,326,245,000
Committee recommendation.............................. 6,488,045,000
Change from budget request............................ 161,800,000
This appropriation provides funds for the acquisition of
tactical and commercial vehicles, including trucks, semi-
trailers, and trailers of all types to provide mobility and
utility support to field forces and the worldwide logistical
system; communications and electronic equipment of all types to
provide fixed, semi-fixed, and mobile strategic and tactical
communications; other support equipment, generators and power
units, material handling equipment, medical support equipment,
special equipment for user testing, and non-system training
devices. In each of these activities, funds are also included
for the modification of in-service equipment, investment spares
and repair parts, and production base support,
The total amount recommended in the bill will provide the
following program in fiscal year 2013:
CONTAINER HANDLING EQUIPMENT
Congress has provided funding for various types of
container handling equipment including devices to be used with
the Palletized Load System and Heavy Expanded Mobile Tactical
Truck. Container Roll-in/out Platform (CROPs)/Flatracks,
Enhanced Container Handling Units (ECHU), and Container
Transfer Enhancements (CTE) have facilitated the transfer of
heavy cargo in forward tactical areas in Iraq and Afghanistan.
The budget request for fiscal year 2012 includes $35,833,000
for 2,095 CROPs/Flatracks to fill requirements described as
urgent for Stryker and Modular Brigade Combat Teams. The budget
request also includes $23,105,000 for urgent requirements for
548 Container Handling Units. However, obligation of the fiscal
year 2012 funding for these items has lagged. Significant
amounts also remain available from fiscal year 2011, and
additional funds are included in the fiscal year 2013 request.
The Army indicates that currently, the Container Handling Unit
is preferred in use over CROPs/Flatracks and the slow budget
execution is a result of changing requirements in the combat
theater. The Committee appreciates actions taken by the Army to
avoid spending funds on unneeded equipment. However, the abrupt
change in requirements from one year to the next calls into
question the accuracy and diligence of the Army's budget
formulation process. The Committee understands that the Army
expects to acquire no additional CROPs/Flatracks for the next
three years. The Committee notes that after a three year break,
substantial costs could be incurred to reestablish a production
line and certify a producer. The Committee believes that better
forecasting and inter-service coordination would assist both
the industrial base and the armed services to ensure the
availability of the required equipment. The Committee directs
the Comptroller General to provide a report to the
congressional defense committees not later than 90 days after
enactment of this Act on the acquisition plan, requirement, and
inventory for container handling equipment in the Army
including CROPs/Flatracks, ECHU, CTE, and similar equipment in
use by the Army. Additionally, the Committee directs that none
of the funds in this Act or any other appropriations act for
fiscal year 2013 or any previous fiscal year may be used to
make payments for the procurement of container handling
equipment for the Army including CROPs/Flatracks, ECHU, CTE,
and similar equipment in use by the Army, until 30 days after
receipt of the report by the Comptroller General.
AIRCRAFT PROCUREMENT, NAVY
Fiscal year 2012 appropriation........................ $17,675,734,000
Fiscal year 2013 budget request....................... 17,129,296,000
Committee recommendation.............................. 17,518,324,000
Change from budget request............................ 389,028,000
This appropriation provides funds for the procurement of
aircraft and related support equipment and programs; flight
simulators; equipment to modify in-service aircraft to extend
their service life, eliminate safety hazards and improve
aircraft operational effectiveness; and spare parts and ground
support equipment for all end items procured by this
appropriation.
The total amount recommended in this bill will provide the
following program in fiscal year 2013:
F/A-18E/F TACTICAL AIRCRAFT
The Committee believes a strong tactical aircraft fleet is
vital to the Nation's security. The F/A-18E/F Super Hornet
aircraft, which is nearing the end of its production run, is
the Navy's current strike fighter workhorse. The future of Navy
tactical aviation will be the F-35C Lightning II aircraft,
which will bring a fifth generation strike fighter to the decks
of the Nation's aircraft carriers. As a result of several
variables, not the least of which has been the increased flight
hours flown by the Navy's tactical aircraft fleet in support of
conflicts around the world, the Navy has been faced with a
strike fighter shortfall. To partially offset the severity of
this shortfall, the Navy has begun a service life extension
program for 150 of the legacy F-18 Hornet aircraft. While still
in its infancy, this effort is expected to gain approximately
1,400 flight hours per aircraft at a cost of approximately
$25,000,000 per aircraft. The Committee notes that a new Super
Hornet aircraft has a cost of approximately $55,000,000 and an
expected service life of 9,000 flight hours. When comparing the
two options, a new aircraft would provide six times the service
life at just twice the cost. While it is not reasonable to
close the entire strike fighter shortfall gap with new
aircraft, a small quantity of new aircraft is an attractive
alternative, especially considering the additional flight hours
gained. Accordingly, the recommendation provides $605,000,000
for the procurement of an additional eleven Super Hornet
aircraft above the request.
EA-18G ELECTRONIC ATTACK AIRCRAFT
The Department of the Navy has accomplished the Nation's
airborne electronic attack (AEA) mission for the Department of
Defense for several years. This mission has largely been
performed with the EA-6B Prowler aircraft flown by the Navy and
Marine Corps. The mission is currently transitioning to the EA-
18G Growler aircraft (a variant of the F/A-18 aircraft) as the
Prowler aircraft age and are retired. There are currently 19
airborne electronic attack squadrons in the Department of the
Navy, however, only 15 Growler squadrons are planned. This is
due to the fact that the Marine Corps will not fly the Growler
aircraft but intends to move away from dedicated airborne
electronic attack squadrons and shift to an organic capability
using electronic warfare payloads such as Intrepid Tiger and
the inherent capabilities within the F-35 aircraft. Although
this approach is envisioned to satisfy the requirements of the
Marine Corps, the Committee is concerned about the reduced AEA
capability for the Nation at large. The Prowler aircraft (and
the compatible AEA mission) has been a high demand, low density
platform since the days of Desert Storm and is expected to
continue as such. Accordingly, the recommendation provides
$45,000,000 above the request for the advance procurement of
materials for the construction of 15 additional EA-18G aircraft
in fiscal year 2014 to preserve the option of increasing the
quantity of this vital aircraft.
WEAPONS PROCUREMENT, NAVY
Fiscal year 2012 appropriation........................ $3,224,432,000
Fiscal year 2013 budget request....................... 3,117,578,000
Committee recommendation.............................. 3,072,112,000
Change from budget request............................ -45,466,000
This appropriation provides funds for the procurement of
strategic and tactical missiles, target drones, torpedoes,
guns, associated support equipment, and modification of in-
service missiles, torpedoes, and guns.
The total amount recommended in the bill will provide the
following program in fiscal year 2013:
PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS
Fiscal year 2012 appropriation........................ $626,848,000
Fiscal year 2013 budget request....................... 759,539,000
Committee recommendation.............................. 677,243,000
Change from budget request............................ -82,296,000
This appropriation provides funds for the acquisition of
ammunition, ammunition modernization, and ammunition-related
material for the Navy and Marine Corps.
The total amount recommended in the bill will provide the
following program in fiscal year 2013:
SHIPBUILDING AND CONVERSION, NAVY
Fiscal year 2012 appropriation........................ $14,919,114,000
Fiscal year 2013 budget request....................... 13,579,845,000
Committee recommendation.............................. 15,236,126,000
Change from budget request............................ 1,656,281,000
This appropriation provides funds for the construction of
new ships and the purchase and conversion of existing ships,
including hull, mechanical and electrical equipment,
electronics, guns, torpedo and missile launching systems, and
communication systems.
The total amount recommended in the bill will provide the
following program in fiscal year 2013:
SHIPBUILDING
The Navy's shipbuilding program is the centerpiece of the
Navy's budget request. The Nation's fleet creates our forward
presence, projects power, and maintains open sea lanes. The
Committee is well aware that the sight of a U.S. Navy ship on
the horizon makes a powerful strategic statement in any
theater. The Committee strongly supports all actions to
maintain the standing of the United States Navy as the world's
preeminent sea power and a global good neighbor when
humanitarian relief is required. The Committee is therefore
puzzled by the Navy's priorities in its shipbuilding plan.
As part of its new strategy, the Department of Defense has
rebalanced toward the Asia-Pacific and Middle East regions of
the world. Despite these regions having a significantly larger
area of the world's oceans, the Navy plans to accelerate the
decommissioning of seven guided missile cruisers, has reduced
the shipbuilding budget by nearly eleven percent relative to
the fiscal year 2012 appropriated level, and is reducing the
total number of ships required to fulfill its requirements
under this new strategy. The required fleet size has been
reduced from 313 ships to approximately 300 ships in the long
term, but the Navy will maintain 285 ships in the near term.
The Navy has also deferred the procurement of an attack
submarine and a guided missile destroyer, the backbone of the
Navy's combatant fleet, from fiscal year 2014 to future years
and, in their place has inserted a vessel known as the Afloat
Forward Staging Base. This vessel would fill a very long
standing (but never fulfilled) mission need. The Committee
applauds the Navy for finally fulfilling such a long standing
need but is confused by the timing of this action in an era of
decreasing budgets and also by the fact that a submarine and
destroyer are not being procured in fiscal year 2014 in part to
make funding available for this new vessel.
The decision to defer the procurement of a submarine and a
destroyer is both confusing and concerning, especially the
submarine. Since its inception in 1998, the Virginia Class
Submarine program always intended to build two submarines per
year. Although the second submarine repeatedly appeared in
outyear budget projections, it was continually deferred by the
Navy. The program finally reached a rate of two submarines per
year in fiscal year 2011, largely due to the efforts of this
Committee. Now, after only three years at this rate (2011
through 2013), the Navy is again reducing the production rate.
The Committee believes this decision will increase the cost of
the submarines, result in production inefficiencies, and
exacerbate the Navy's own predicted attack submarine shortfall.
Additionally, with the impending addition of the SSBN
replacement submarine to the shipbuilding budget, an event
which will ``suck the air out of the Navy's shipbuilding
budget'' according to a former Secretary of Defense, funding in
the outyears will not be any easier to come by.
The Committee believes the Navy recognizes the need to fund
another destroyer and submarine in fiscal year 2014 since the
Navy has approached the Committee with various plans and
schemes to attempt to restore these ships to fiscal year 2014.
One of these plans revolves around the incremental funding
concept despite the fact that the Department's own financial
management regulations and policies prohibit incremental
funding of large end items such as ships, except under certain
circumstances, none of which apply in this case. The Committee
strongly supports these regulations and policies because fully
funded end items do not commit future Congresses to obligations
they may or may not agree with and also because they provide
the ability to conduct much more complete, transparent, and
rigorous program oversight. Incremental funding is certainly
comparable to buying items on credit by deferring payments to
the outyears.
The Committee understands the constraints of the fiscal
year 2014 budget, but to give up two highly prized combatants,
and fund instead a vessel for a mission that can be (and has
been) satisfied with existing ships, then attempt to restore
those combatants through funding gimmicks in violation of the
Department's own financial regulations is deeply troubling. The
Committee firmly believes that a strong Navy shipbuilding
program is absolutely essential for the Nation's security but
will not mortgage the Nation's future to accomplish it.
Accordingly, the recommendation provides an additional
$1,000,000,000 above the request for the procurement of an
additional DDG-51 guided missile destroyer. The Secretary of
the Navy is directed to use this funding as part of the DDG-51
multiyear procurement planned for fiscal years 2013 through
2017 in order to achieve a lower cost and provide a more stable
production base for the duration of the DDG-51 multiyear
procurement. Finally, the recommendation provides an additional
$723,000,000 above the request for advance procurement for the
Virginia Class Submarine program. The Secretary of the Navy is
directed to fully fund an additional submarine in fiscal year
2014 to achieve a lower cost and stable production base through
the course of the program's planned multiyear procurement.
OTHER PROCUREMENT, NAVY
Fiscal year 2012 appropriation........................ $6,013,385,000
Fiscal year 2013 budget request....................... 6,169,378,000
Committee recommendation.............................. 6,364,191,000
Change from budget request............................ 194,813,000
This appropriation provides funds for the procurement of
major equipment and weapons other than ships, aircraft,
missiles, and torpedoes. Such equipment ranges from the latest
electronic sensors for updates of naval forces, to trucks,
training equipment, and spare parts.
The total amount recommended in the bill will provide the
following program in fiscal year 2013:
PROCUREMENT, MARINE CORPS
Fiscal year 2012 appropriation........................ $1,422,570,000
Fiscal year 2013 budget request....................... 1,622,955,000
Committee recommendation.............................. 1,482,081,000
Change from budget request............................ -140,874,000
This appropriation provides funds for the procurement,
production, and modification of equipment, supplies, materials,
and spare parts.
The total amount recommended in the bill will provide the
following program in fiscal year 2013:
LIGHT ARMORED VEHICLE
The budget request proposes $186,216,000 for the Light
Armored Vehicle (LAV) Product Improvement Program. The
Committee recommendation provides $45,342,000, which is
$140,874,000 below the request. The reduction is due to a
change in the authorized acquisition objective for the LAV
based on a planned end strength reduction and related
elimination of three Light Armored Reconnaissance companies.
The acquisition objective decreased from 1,005 to 930 vehicles.
AIRCRAFT PROCUREMENT, AIR FORCE
Fiscal year 2012 appropriation........................ $12,950,000,000
Fiscal year 2013 budget request....................... 11,002,999,000
Committee recommendation.............................. 11,304,899,000
Change from budget request............................ 301,900,000
This appropriation provides for the procurement of
aircraft, and for modification of in-service aircraft to
improve safety and enhance operational effectiveness. It also
provides for initial spares and other support equipment to
include aerospace ground equipment and industrial facilities.
In addition, funds are provided for the procurement of flight
training simulators to increase combat readiness and to provide
for more economical training.
The total amount recommended in the bill will provide the
following program in fiscal year 2013:
F-22 BACKUP OXYGEN SYSTEM
The Committee is concerned by the continuing problems with
hypoxia-type events involving the F-22 and the Air Force's
inability to determine a remediable root cause for this
problem. As the military's only operational fifth generation
fighter, the F-22 is critical to the implementation of the
National Defense Strategy. Due to the small size of the F-22
fleet, and the utmost importance of preserving the safety and
readiness of F-22 pilots, the Committee strongly supports Air
Force efforts to address this problem. The Committee
understands that the Air Force is in the final stages of
selecting a design for an automated backup oxygen system as a
mitigation measure. The Committee's recommendation therefore
includes $50,000,000 only for the procurement and installation
of a backup oxygen system for the F-22. The Committee further
directs the Air Force to provide regular updates to the
Committee on physiological events involving F-22 pilots,
impacts on flight operations, and the progress of efforts to
discover and implement solutions.
C-130 AVIONICS MODERNIZATION PROGRAM
The Air Force's fiscal year 2013 budget request proposes to
terminate the C-130 Avionics Modernization Program (AMP). The
C-130 AMP effort modernizes and standardizes the avionics and
cockpit configurations on legacy C-130H aircraft, increasing
the efficiency of the fleet and satisfying Communication,
Navigation, and Surveillance/Air Traffic Management (CNS/ATM)
mandates. In lieu of AMP, the Air Force proposes to initiate a
new start program to satisfy CNS/ATM mandates only. The
Committee does not concur with the Air Force's proposal to
terminate C-130 AMP. The Committee is not satisfied that the
Air Force has performed adequate cost-benefit analysis on AMP
termination. Even though previous Air Force budget documents
have stated that AMP will lower total ownership costs for the
C-130 fleet, the Air Force has failed to provide the Committee
with a life-cycle cost analysis that would allow the Committee
to weigh the immediate budgetary benefits of AMP termination
against the long term costs of maintaining a heterogeneous C-
130H fleet and retaining the navigator position. At the same
time, the Committee acknowledges the Air Force's need to lower
the upfront costs of the program. The Committee recommends
increases of $10,000,000 each to the Aircraft Procurement, Air
Force and Research, Development, Test and Evaluation, Air Force
accounts to continue the current AMP program with the provision
that the Secretary of the Air Force and the prime contractor
should engage in efforts to reduce the average procurement unit
cost of AMP modifications to less than $10,000,000 in base year
dollars.
B-52 COMBAT NETWORK COMMUNICATIONS TECHNOLOGY
The Air Force's fiscal year 2013 budget request proposes a
restructuring of the B-52 Combat Network Communications
Technology (CONECT) effort. CONECT provides multiple hardware
upgrades to the B-52 to enhance communications and increase
situational awareness, allowing for timely re-tasking and
weapons re-targeting capability that greatly improves the
mission flexibility of the B-52. The Air Force's proposed
restructuring would reduce program content to replacement of
the aircraft's visual displays and reliance on the temporary,
laptop-based Evolutionary Data Link modification as the
permanent solution, which would provide significantly less
capability. The Committee discerns no rationale for this
restructuring other than a short-term need to meet budget
constraints. The Committee directs the Secretary of the Air
Force to continue with the B-52 CONECT effort using funds
previously appropriated for this program. The Committee also
recommends a reduction of $34,700,000 from the fiscal year 2013
request for research, development, test and evaluation,
eliminating funds requested to develop the restructured program
and de-modify a B-52 test aircraft previously modified for
CONECT.
C-130J
The Air Force's future years defense program for fiscal
years 2012-2016 projected a requirement for twelve additional
C-130J aircraft in fiscal year 2013. Congress authorized and
appropriated $120,000,000 in fiscal year 2012 for advance
procurement of these 12 aircraft. The Air Force's fiscal year
2013 budget request includes only seven aircraft. The
Committee's recommendation includes additional funds to restore
procurement of one C-130J, two HC-130J, and two MC-130J
aircraft. The Committee directs the Secretary of the Air Force
to use fiscal year 2012 C-130J advance procurement funds for
the purposes for which such funds were originally appropriated.
WAR READINESS ENGINE SHORTFALL
The Committee understands that the Air Force faces a
shortfall of useable F-100-229 engines for the F-15 and F-16
fleets as compared to the War Readiness Engine (WRE) objective.
Given that the Air Force will continue to rely on the F-15 and
F-16 well into the foreseeable future, and that service life
extension requirements for these aircraft continue to grow,
maintaining the fleets at the highest feasible state of
readiness is imperative. The Committee urges the Secretary of
the Air Force to budget for the full WRE objective for the F-
100-299 and all other engines that have similar shortfalls.
MISSILE PROCUREMENT, AIR FORCE
Fiscal year 2012 appropriation........................ $6,080,877,000
Fiscal year 2013 budget request....................... 5,491,846,000
Committee recommendation.............................. 5,449,146,000
Change from budget request............................ -42,700,000
This appropriation provides funds for the procurement,
installation, and checkout of strategic ballistic and other
missiles, modification of in-service missiles, and initial
spares for missile systems. It also provides for operational
space systems, boosters, payloads, drones, associated ground
equipment, non-recurring maintenance of industrial facilities,
machine tool modernization, and special program support.
The total amount recommended in the bill will provide the
following program in fiscal year 2013:
SPACE LAUNCH
The Committee supports the Air Force's initiative to
achieve competition in the space launch enterprise. While the
Evolved Expendable Launch Vehicle (EELV) program has achieved
considerable progress with 49 successful launches to date, the
costs for this program have been difficult to justify and have
been a source of concern. The Committee is pleased that the
EELV program will be reviewed as part of the Nunn-McCurdy
recertification process and is eager to see the results. The
Committee also supports the New Entrant Certification
initiative that should enable competition and lead to
additional cost savings.
SPACE BASED INFRARED SYSTEM AND ADVANCED EXTREMELY HIGH FREQUENCY
SATELLITE SYSTEM PROCUREMENT
The Committee has supported an incremental funding approach
for Advanced Extremely High Frequency (AEHF) satellites numbers
five and six and supports the same approach for Space Based
Infrared System (SBIRS) satellites numbers five and six.
However, the cost estimate for these satellites appears to be
extremely conservative. Based on past development histories,
this would seem prudent; however, since these are production
satellites with little non-recurring engineering required, the
excess funding is not required. Therefore, the Committee
directs that the Secretary of the Air Force, in conjunction
with the Office of the Secretary of Defense, Cost Assessment
and Program Evaluation, shall provide to the congressional
defense committees not later than 30 days after enactment of
this Act a report that shows the should-cost estimate, the
costs for robust sparing, and the unit and total costs for
buying three satellites rather than the current quantity of two
for both the AEHF and SBIRS systems. If the approved
acquisition strategy does not support the most economical
procurement of these vehicles, the report should explain such
differences.
PROCUREMENT OF AMMUNITION, AIR FORCE
Fiscal year 2012 appropriation........................ $499,185,000
Fiscal year 2013 budget request....................... 599,194,000
Committee recommendation.............................. 599,194,000
Change from budget request............................ - - -
This appropriation provides funds for the acquisition of
ammunition, modifications, spares, weapons, and other
ammunition-related items for the Air Force.
The total amount recommended in the bill will provide the
following program in fiscal year 2013:
OTHER PROCUREMENT, AIR FORCE
Fiscal year 2012 appropriation........................ $17,403,564,000
Fiscal year 2013 budget request....................... 16,720,848,000
Committee recommendation.............................. 16,632,575,000
Change from budget request............................ -88,273,000
This appropriation provides funds for the procurement of
weapon systems and equipment other than aircraft and missiles.
Included are vehicles, electronic and telecommunications
systems for command and control of operational forces, and
ground support equipment for weapon systems and supporting
structure.
The total amount recommended in the bill will provide the
following program in fiscal year 2013:
PROCUREMENT, DEFENSE-WIDE
Fiscal year 2012 appropriation........................ $4,893,428,000
Fiscal year 2013 budget request....................... 4,187,935,000
Committee recommendation.............................. 4,429,335,000
Change from budget request............................ 241,400,000
This appropriation provides funds for the procurement,
production, and modification of equipment, supplies, materials,
and spare parts.
The total amount recommended in the bill will provide the
following program in fiscal year 2013:
SPECIAL OPERATIONS COMMAND AVIATION FOREIGN INTERNAL DEFENSE PROGRAM
The budget request contains $97,700,000 in the Non-Standard
Aviation Program for procurement of aircraft for the Aviation
Foreign Internal Defense (AvFID) program, and $7,500,000 for
the U-28 program. The Committee is aware that the Special
Operations Command has changed its strategy regarding the AvFID
and U-28 programs subsequent to submission of the fiscal year
2013 budget request. The Committee recommendation reflects
implementation of the revised strategy by transferring funds
requested for AvFID procurement to the U-28 program.
The Committee understands that the revised strategy will
combine the Non-Standard Aviation (NSAV) light program and the
AvFID program with resulting efficiencies in training,
maintaining, and supporting of forward deployed combined units.
The Committee believes that this decision to combine the two
programs will create efficiencies through reduced acquisition
and operational costs and leverage the existing logistical and
operational expertise experiences of the Air Force Special
Operations Active and reserve components. The Committee notes
that the overall program realignment of assets will result in
an estimated reduction of contractor logistics support costs by
approximately $53,000,000 between fiscal years 2013 and 2017.
The Committee encourages the Commander, U.S. Special
Operations Command and the Commander, Air Force Special
Operations Command (AFSOC) to continually and comprehensively
validate geographic combatant commander requirements for AvFID
and NSAV and to prioritize in a way that will ensure a globally
persistent and effective presence that contributes to security
force assistance and national security objectives. The
Committee also encourages the Commander, AFSOC to refine global
site selection to optimize operational an logistical support
and to continue efforts to reduce contracted logistics support
across the Future Years Defense Program.
NATIONAL GUARD AND RESERVE EQUIPMENT
Fiscal year 2012 appropriation........................ $1,000,000,000
Fiscal year 2013 budget request....................... - - -
Committee recommendation.............................. 2,000,000,000
Change from budget request............................ 2,000,000,000
NATIONAL GUARD AND RESERVE EQUIPMENT
The National Guard and reserve forces regularly receive
less than a proportionate share of funding to resource their
dual-use equipment needs. However, the role of the reserve
components in providing fully equipped, trained, and ready
forces in the Services' force generation models is essential.
The readiness of the National Guard and reserve units is
imperative.
The Committee recommendation for the National Guard and
Reserve Equipment Account (NGREA) is $2,000,000,000. Of that
amount, $650,000,000 is for the Army National Guard;
$650,000,000 for the Air National Guard; $300,000,000 for the
Army Reserve; $140,000,000 for the Navy Reserve; $120,000,000
for the Marine Corps Reserve; and $140,000,000 for the Air
Force Reserve to meet urgent equipment needs that may arise in
fiscal year 2013.
This funding will allow the Guard and reserve components to
procure high priority equipment that may be used by these
components for both their combat missions and their missions in
support of state governors. This funding will allow the
National Guard and reserve components to procure items such as:
Generation 4 Advanced targeting pods, internal and external
auxiliary fuel tank systems for Apaches and Chinooks, Green
Laser Interdiction Systems, propeller balancing systems, ultra-
light tactical vehicles, handheld laser trackers, tactical
radios, tactical trailers, and field engineering, logistics,
and maintenance equipment.
The use of simulation training systems has yielded a
military that is better trained, more capable, and more
confident as compared to units that do not have access to
modern simulation training devices. Simulation training is a
cost effective means by which reserve units can improve
tactical decision-making skills and ultimately save lives. It
is anticipated that a portion of this funding will be used to
procure a variety of simulation training systems. To ensure the
most efficient and effective training program, these systems
should be a combination of both government owned and operated
simulators and simulation support from a dedicated commercial
activity capable of providing frequent hardware and software
updates.
Additionally, the Committee recognizes that adding
capability and modernizing equipment unique to the reserve
component or legacy systems with limited active component
investment may require design, integration, test, and software
efforts prior to procurement. Therefore, for fiscal year 2013,
on a one year trial basis, bill language is included that will
allow the use of up to three percent of the respective reserve
component's NGREA appropriation, as needed, for research,
development, test and evaluation for federal and domestic
operations requirements as they relate to equipping the reserve
components.
DEFENSE PRODUCTION ACT PURCHASES
Fiscal year 2012 appropriation........................ $169,964,000
Fiscal year 2013 budget request....................... 89,189,000
Committee recommendation.............................. 63,531,000
Change from budget request............................ -25,658,000
The Committee recommendation shall be distributed as
follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
(In thousands of dollars)
------------------------------------------------------------------------
Change
P-1 Budget Committee from
request Recommended request
------------------------------------------------------------------------
DEFENSE PRODUCTION ACT
------------------------------------------------------------------------
GALLIUM NITRIDE RADAR AND 5,031 5,031 ...........
ELECTRONIC WARFARE MONOLITHIC
MICROWAVE INTEGRATED CIRCUITS...
CADMIUM ZINC TELLURIDE SUBSTRATE 1,900 1,900 ...........
PRODUCTION......................
READ OUT INTEGRATED CIRCUIT 1,200 1,200 ...........
FOUNDRY IMPROVEMENT AND
SUSTAINABILITY..................
SPACE QUALIFIED SOLAR CELL SUPPLY 1,000 1,000 ...........
CHAIN...........................
TRAVELING WAVE TUBE AMPLIFIERS... 1,320 1,320 ...........
COMPLEMENTARY METAL OXIDE 1,800 1,800 ...........
SEMICONDUCTOR FOCAL PLAN ARRAYS
FOR VISIBLE SENSORS FOR STAR
TRACKERS........................
ADVANCED PROJECTS................ 1,280 1,280 ...........
PRODUCTION BASE INVESTMENT 5,658 0 -5,658
ASSESSMENTS AND ACTIVITIES......
Program reduction............ -5,658 ...........
ADVANCED DROP-IN BIOFUEL 70,000 0 -70,000
PRODUCTION......................
Ahead of need................ -70,000 ...........
PROGRAM INCREASE................. 50,000 ...........
------------------------------------------------------------------------
TOTAL, DEFENSE PRODUCTION ACT 89,189 63,531 -25,658
------------------------------------------------------------------------
ADVANCED DROP-IN BIOFUEL PRODUCTION
The request includes $70,000,000 for the construction or
retrofit of domestic commercial (or pre-commercial) scale
advanced drop-in biofuel plants and refineries. The Committee
understands that the Department has allocated $100,000,000 of
the $150,000,000 program addition to the fiscal year 2012
Defense Production Act account for this effort and that
$70,000,000 of this funding likely will not execute until well
into fiscal year 2013 or even into fiscal year 2014. While the
Committee is supportive of alternative energy development, in
these times of decreasing budgets, it does not seem prudent to
stockpile funds so far ahead of need. Accordingly the
recommendation provides no funding for this effort in fiscal
year 2013. The Committee urges the Secretary of Defense to
request this funding in future years when it can execute in a
timely manner.
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
The fiscal year 2013 Department of Defense research,
development, test and evaluation budget request totals
$69,407,767,000. The accompanying bill recommends
$69,984,145,000. The total amount recommended is an increase of
$576,378,000 above the fiscal year 2013 budget request and is
$2,436,530,000 below the total provided in fiscal year 2012.
The table below summarizes the budget estimate and the
Committee's recommendations.
SYSTEMS ENGINEERING
The Committee recognizes the importance of a strong systems
engineering workforce for the success of acquisition programs
within the Department of Defense. Studies indicate that early
and sustained investment in systems engineering reduces the
likelihood of cost and schedule overruns in acquisition
programs.
The Committee is concerned that the Department exhibits
inconsistency in its approach to systems engineering. The
Defense Acquisition Guidebook defines systems engineering as
``an interdisciplinary approach encompassing the entire
technical effort to evolve and verify an integrated and total
life cycle balanced set of system, people, and process
solutions that satisfy customer needs, and the integrating
mechanism across all technical efforts related to the
development, manufacturing, verification, deployment,
operations, support, disposal of, and user training for systems
and their life cycle processes.'' This definition is consistent
with many others that distinguish systems engineering, a
multidisciplinary and integrative effort, from other
engineering disciplines.
By contrast, the Department's approach to its systems
engineering workforce does not distinguish between the limited
cadre of government engineers with the education, experience,
and record of past performance that qualifies them as true
systems engineers, and the rest of its engineering workforce.
Given the challenges the Department faces in recruiting and
retaining these highly sought-after individuals, the Committee
views the Department's inability to track the level of real
systems engineering expertise in its workforce as a key
deficiency that must be addressed. The current lack of
visibility clouds the Department's knowledge of this vital
element of its workforce, with implications for staffing,
succession planning, and ultimately, program performance. Of
particular concern is the fact that pending personnel
reductions may result in the loss of hard-to-replace senior
systems engineering talent and promising future systems
engineers.
The Department conducts a wide range of Science,
Technology, Engineering, and Mathematics (STEM) outreach
programs aimed at all education levels to encourage students to
pursue careers in these fields. Recruiting personnel with STEM
backgrounds would logically help improve the quality of the
systems engineering workforce.
The Committee urges the Secretary of Defense to establish a
mechanism for identifying and tracking personnel within the
Department's organic acquisition workforce whom the Department
recognizes as being qualified in the discipline of systems
engineering, on the basis of education, experience, and such
other factors as it may identify (such as prior performance).
Additionally, the Committee believes it would benefit the
Department to track the effectiveness of its many STEM outreach
programs in an effort to determine if these programs are
actually resulting in an improved STEM (including systems
engineers) workforce within the Department.
DEPARTMENT OF DEFENSE AND SERVICE CYBER ACTIVITIES
The Committee acknowledges the threat to and from the cyber
realm and believes it has been well documented; however, the
resources being expended against the threat have not. In order
to better evaluate the planning and resourcing for Department
of Defense cyber activities, the Committee directs the
Commander, United States Cyber Command, in coordination with
the Secretary of Defense and each of the Service Secretaries,
to provide the congressional defense committees separate budget
justification material, in the form of budget documents as
defined in the Department's financial management regulation,
that details the year-to-year budgets, schedule, and milestone
goals over the Future Years Defense Program for the individual
programs that support the goals of cyber initiatives. The
programs detailed must include cyberspace operations, computer
network operations, information assurance, and full spectrum
cyber operations for the Department of Defense and the
Services. Further, the Committee suggests that the Department
continue to refine what activities, budget lines, and programs
should be considered cyber in order to better coordinate and
track these budgets.
ADVANCED HYPERSONIC WEAPON
The Committee is aware that the United States Army Space
and Missile Defense Command/Army Forces Strategic Command
conducted the first test flight of the Advanced Hypersonic
Weapon (AHW) concept on November 17, 2011. The AHW is designed
to fly within the earth's atmosphere at hypersonic speed and
long range. In the test, a three-stage booster system launched
the AHW glide vehicle and deployed it on the desired flight
trajectory. The vehicle flew a non-ballistic glide trajectory
at hypersonic speed to the planned impact location. The
Committee will follow the program as it advances. The Committee
directs the Secretary of Defense to provide a report to the
congressional defense committees not later than 60 days after
enactment of this Act on plans for future development and
testing of the Advanced Hypersonic Weapon. The report shall
include the program plan and funding allocation for fiscal year
2012, fiscal year 2013, and the Future Years Defense Program
through 2017, for Prompt Global Strike and the Navy Strategic
Systems Project Office.
SPECIAL INTEREST ITEMS
Items for which additional funds have been provided as
shown in the project level tables or in paragraphs using the
phrase ``only for'' or ``only to'' in this report are
congressional interest items for the purpose of the Base for
Reprogramming (DD Form 1414). Each of these items must be
carried on the DD Form 1414 at the stated amount specifically
addressed in the committee report. These items remain special
interest items whether or not they are repeated in a subsequent
conference report.
REPROGRAMMING GUIDANCE FOR ACQUISITION ACCOUNTS
It is the intent of the Congress that the program baseline
for re-programming funds reflects all approved adjustment
actions: the initial appropriation as well as any rescissions,
supplemental appropriations, and approved Department of Defense
Form 1415 reprogrammings. The Secretary of Defense is directed
to ensure that financial management regulations incorporate
approved reprogramming actions as an adjustment to the base for
reprogramming value.
The Committee directs the Secretary of Defense to continue
to follow the reprogramming guidance specified in the report
accompanying the House version of the Department of Defense
Appropriations Act, 2006 (H.R. 109-119). Specifically, the
dollar threshold for reprogramming funds will remain at
$20,000,000 for procurement and $10,000,000 for research,
development, test and evaluation. The Secretary of Defense
shall continue to follow the limitation that prior approval
reprogrammings are set at either the specified dollar threshold
or 20 percent of the procurement or research, development, test
and evaluation line, whichever is less. The percentage change
limitation applies to both program increases and decreases.
Additionally, this percentage change applies to the program
base value at the time the below threshold movement of funds is
executed. These thresholds are cumulative from the base for
reprogramming value as modified by any adjustment action.
Therefore, if the combined value of transfers into or out of a
procurement (P-1) or research, development, test and evaluation
(R-1) line exceeds the identified threshold, the Secretary of
Defense must submit a prior approval reprogramming to the
congressional defense committees. In addition, guidelines on
the application of prior approval reprogramming procedures for
congressional special interest items are established elsewhere
in this report.
REPROGRAMMING REPORTING REQUIREMENTS
The Committee directs the Under Secretary of Defense
(Comptroller) to continue to provide the congressional defense
committees quarterly, spreadsheet-based DD Form 1416 reports
for service and defense-wide accounts in titles III and IV of
this Act as required in the explanatory statement accompanying
the Department of Defense Appropriations Act, 2006.
FUNDING INCREASES
The Committee directs that the funding increases outlined
in these tables shall be provided only for the specific
purposes indicated in the tables.
CLASSIFIED ANNEX
Adjustments to the classified programs are addressed in a
classified annex accompanying this report.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY
Fiscal year 2012 appropriation........................ $8,745,492,000
Fiscal year 2013 budget request....................... 8,929,415,000
Committee recommendation.............................. 8,593,055,000
Change from budget request............................ -336,360,000
This appropriation provides funds for the research,
development, test and evaluation activities of the Department
of the Army. The total amount recommended in the bill will
provide the following program in fiscal year 2013:
MEDIUM EXTENDED AIR DEFENSE
The budget request for fiscal year 2013 proposes to provide
$400,861,000 for the final year of funding for the Medium
Extended Air Defense (MEADS) proof of concept. While the
Committee recognizes that some additional benefit might be
realized by additional funding, the expected benefits do not
justify the cost. The Committee recommendation includes no
funding for MEADS.
ROBOTIC DEVELOPMENT
Recognizing the increased need to use unmanned systems as a
means to maintain U.S. military capabilities in the face of
likely reductions in manpower, the Committee encourages the
Secretary of the Army to accelerate efforts to develop and
deploy operational, prototype ground robotics systems utilizing
both traditional and non-traditional suppliers.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY
Fiscal year 2012 appropriation........................ $17,753,940,000
Fiscal year 2013 budget request....................... 16,882,877,000
Committee recommendation.............................. 16,987,768,000
Change from budget request............................ 104,891,000
This appropriation provides funds for the research,
development, test and evaluation activities of the Department
of the Navy, which includes the Marine Corps. The total amount
recommended in the bill will provide the following program in
fiscal year 2013:
FIRESCOUT
The MQ-8 Firescout vertical take-off and landing unmanned
aerial vehicle will provide intelligence, surveillance, and
reconnaissance data to users without the use of manned aircraft
or reliance on national assets. The Navy's original plan for
this platform was for use in the mission packages onboard the
Littoral Combat Ships. With the delay in construction and
fielding of these ships, the aircraft has migrated to other
roles and missions, which has disrupted the testing and
development schedule, resulting in a concurrent development,
testing, and production schedule. The current state of this
program is not unlike the Joint Strike Fighter program,
although both programs have arrived at their current state via
different paths. Concurrency in an acquisition program is
undesirable in that end items are being procured despite the
development and testing being incomplete. This condition
typically results in the need to modify, at some cost, these
end items as problems are discovered and resolved. Recent
examples of issues in the Firescout program include one
aircraft that was unable to be recovered on its host ship and
ultimately crashed into the water, and another aircraft that
lost communications with its control station and was lost while
conducting operations. These incidents have resulted in the
Firescout fleet being grounded from routine operations.
Additionally, the Firescout program is in the midst of a
transition from the MQ-8B variant to the MQ-8C variant, which
will possess much greater endurance relative to the MQ-8B.
However, this transition has been delayed as not all components
of the MQ-8C variant are ready for production. The result of
the delay in transitioning variants in this program has been
the stockpiling of development funding. The program essentially
has two years of development funding to expend in fiscal year
2012 and undoubtedly a large portion of that will carry over to
fiscal year 2013. Therefore the recommendation provides
$33,600,000 for the development of the Firescout program, a
reduction of $66,000,000.
The Committee recognizes the parallels between this program
and the Joint Strike Fighter program. The F-35B variant of the
Joint Strike Fighter was placed on probation as a result of
some of the technical challenges it faced. Although probation
was never specifically defined for the Committee, the
Department recently removed the F-35B from probation, an
indication that the strategy achieved its objectives. The
Committee urges the Secretary of the Navy to use a similar
strategy on the Firescout program and report to the
congressional defense committees not later than 90 days after
enactment of this Act on the strategy and its planned
objectives.
BONE MARROW REGISTRY
The bill includes $31,500,000 for the Department of the
Navy to be administered by the Bone Marrow Registry, also known
as and referred to within the Naval Medical Research Center as
the C.W. Bill Young Marrow Donor Recruitment and Research
Program. Funds appropriated for the Bone Marrow Registry shall
remain available only for the purposes for which they were
appropriated and may only be obligated for the Bone Marrow
Registry. This Department of Defense donor center has recruited
more than 700,000 Department of Defense volunteers and provides
more marrow donors per week than any other donor center in the
nation. More than 18,000 servicemembers and other Department
volunteers from this donor center have provided marrow to save
the lives of patients. The success of this national and
international life-saving program for military and civilian
patients, which now includes more than 10,000,000 potential
volunteer donors, is admirable. Further, the agencies involved
in contingency planning are encouraged to continue to include
the Bone Marrow Registry in the development and testing of
their contingency plans. The Department of Defense form (DD
Form 1414) shall show this as a congressional interest item.
The Department is further directed to release all of the funds
appropriated for this purpose to the Bone Marrow Registry not
later than 60 days after enactment of this Act.
ELECTRONIC EQUIPMENT MAINTENANCE
The Committee is aware that the Navy has included low cost
electronic system maintenance and distance support tools as
part of the Aegis cruiser and destroyer modernization programs,
resulting in improved readiness for Aegis ships. The Committee
urges the Navy to develop these tools and practices for other
platforms, including the Littoral Combat Ship.
AUTOMATED TEST AND RE-TEST
The Committee is aware that the Navy's automated test and
re-test (ATRT) project has reduced labor requirements for
testing, improved system performance, and reduced cost for
systems where the tool has been applied. The Committee believes
with the advent of software intensive systems that the
potential savings through the use of ATRT has only begun to be
realized and encourages the Secretary of the Navy to expand the
use of ATRT to other programs and systems and to expedite the
execution of funding allocated towards this resource.
STRATEGIC SUBMARINE REPLACEMENT
The Committee is concerned with the national security and
programmatic risks associated with the Department's decision to
delay the Ohio class ballistic missile submarine replacement
program. The Committee expects the Secretary of the Navy to
conduct close and frequent oversight of this program to ensure
that these risks are minimized.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE
Fiscal year 2012 appropriation........................ $26,535,996,000
Fiscal year 2013 budget request....................... 25,428,046,000
Committee recommendation.............................. 25,117,692,000
Change from budget request............................ -310,354,000
This appropriation provides funds for the research,
development, test and evaluation activities of the Department
of the Air Force. The total amount recommended in the bill will
provide the following program in fiscal year 2013:
SPACE SYSTEM ACQUISITION AND SYSTEM MODERNIZATION INITIATIVES
The Committee is concerned that, in a time of declining
budgets, the Air Force and the Department of Defense may resort
to silver-bullet acquisition concepts in an attempt to save
money and accelerate immature concepts and technologies. As the
past two decades have proven, acquisition of space systems
requires components with high technology readiness levels, as
well as program managers, engineers, and organizations that
have long histories of developing the system concepts to the
point that many of the inevitable problems have been recognized
and resolved. Quick-fix substitutes for years of hard-won
experience are attractive but illusory. The Committee supports
the concept of evolutionary modifications but believes that
complete utilization of the systems that have been in
development and production for the past two decades should be
given priority. The Committee recommends that the Air Force re-
evaluate the choices of capabilities being pursued in the
System Modernization Initiative effort and prioritize full
utilization of fielded capabilities through ground and terminal
enhancements, rather than future sensor enhancements.
SPACE BASED INFRARED SYSTEM GROUND ENHANCEMENTS
The Committee recommends $50,000,000 for acceleration of
the Space Based Infrared System (SBIRS) ground segment
automated sensor tasking, which will allow the scanning sensor
and the staring sensor to cue off each other and provide more
accurate track for missile warning and tracking. Further, based
on the current launch schedule of the various SBIRS system
components, the Committee is concerned that the ground segment
needs enhancement to command and control the projected
constellation. The Committee also recommends $50,000,000 for
ground enhancement that will support the growth of command and
control capability beyond the originally approved
constellation.
MOVING TARGET INDICATOR
The Committee understands that the Air Force and the
Department of Defense will soon complete the Synthetic Aperture
Radar/Moving Target Indicator and Joint STARS mission area
analysis of alternatives (AoA). The Committee is concerned by
the extended length of time that has been required to complete
the AoA and the uncertainty regarding the Air Force's future
budget requirements for this vital mission. The Committee
understands that the Department's final determination on the
AoA will inform a Material Development Decision to achieve a
solution for future requirements. The Committee has therefore
included an increase of $10,000,000 to Battle Management,
Command and Control Sensor Development to initiate any new
programs required as a result of the AoA.
KC-46A
The Committee directs the Secretary of the Air Force to
continue to submit quarterly reports on any KC-46A contract
modifications with a cost greater than or equal to $5,000,000,
as directed by the explanatory statement accompanying the
Consolidated Appropriations Act, 2012.
JOINT STRIKE FIGHTER DECONTAMINATION
The Committee notes that, since 2001, Congress has
appropriated funds to develop new technologies and techniques
to decontaminate complex weapons systems and related equipment
to protect against the threat of contamination by chemical or
biological agents. Although system components have been
developed to deliver decontamination technologies in a variety
of environmental and field conditions, the Committee is
concerned that no funding was requested for fiscal year 2013 to
further Joint Strike Fighter (JSF) decontamination system
development, begin system integration, and complete system
validation. As a mission critical system, the F-35 is required
by Department of Defense policy to be survivable in chemical,
biological, radiological, and nuclear (CBRN) environments.
Accordingly, the Committee directs the Air Force to make as a
high priority investments in technologies that will ensure the
safety of pilots in potentially contaminated environments, and
to ensure that funding for such investments is adequately
phased to support CBRN survivability requirements for the JSF
and other mission critical systems.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE
Fiscal year 2012 appropriation........................ $19,193,955,000
Fiscal year 2013 budget request....................... 17,982,161,000
Committee recommendation.............................. 19,100,362,000
Change from budget request............................ 1,118,201,000
This appropriation provides funds for the research,
development, test and evaluation activities of the Department
of Defense for defense-wide activities. The total amount
recommended in the bill will provide the following program in
fiscal year 2013:
HISTORICALLY BLACK COLLEGES AND UNIVERSITIES AND MINORITY INSTITUTIONS
The Committee noted with concern in fiscal year 2012 that
the Department transferred the Historically Black Colleges and
Universities and Minority Institutions (HBCU/MI) program from
the Office of the Secretary of Defense to the Department of the
Army, thus dramatically diminishing the effectiveness and scope
of the program.
At the request of the Department, after the budget
submission, the Committee has transferred funding from the
Army, thus returning the program's execution to the Office of
the Secretary of Defense. The Committee encourages the
Department to maintain this account in this budget line in
future budget submissions.
SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS EDUCATION
The Committee notes with increasing concern the
underperformance of students in science and math, and
recognizes efforts being made at the Department to remedy these
concerns. The Committee recommends that the Department explore
the expansion of programs in science, technology, engineering
and mathematics for grades K through 12 that are comprehensive
in nature, provide curriculum for in-school and after-school
programs, and promote an overall appreciation for the subject
matter.
EXPANDING UNDERREPRESENTED MINORITY PARTICIPATION
Consistent with the National Academy of Sciences report
``Expanding Underrepresented Minority Participation: America's
Science and Technology Talent at the Crossroads'', the
Committee recognizes the importance of ensuring that there is a
strong pipeline of underrepresented minorities pursuing
engineering, science, and technology careers. The Committee
commends public-private partnerships that have come together to
ensure scholarship support, innovative ideas like Academies of
Engineering in high schools, and corporate partnership and
sponsorship of district, urban, and rural areas to build a
minority pipeline in key fields like engineering, which are
needed for both national security and national economic reasons
and by virtually every federal science and technology agency.
The Committee encourages the Secretary of Defense to provide
resources for scholarships for minorities in engineering and to
promote the collection of research information on the status of
minorities in engineering education and employment.
SPECIAL OPERATIONS COMMAND UNDERSEA MOBILITY PROGRAM
The Committee is concerned that frequent program and
strategy changes to the Undersea Mobility Program have delayed
the introduction of advanced capabilities for both wet combat
submersible replacement and dry combat submersible development.
The current program schedule for dry combat submersibles will
not field an operational evaluation platform until early 2015
with extended integrated testing not taking place until 2016.
Given current dry combat submersible capability gaps and a
potential shift in strategic emphasis to the Asia-Pacific and
other regions that present anti-access and area-denial
challenges, the Committee believes successful development and
fielding of undersea mobility capabilities are critical to
meeting combatant commanders' needs. Additionally, the
Committee is concerned that the highly perishable and technical
operational expertise for wet and dry combat submersibles
resident within the Naval Special Warfare community have not
been fully exercised and utilized in recent years, thereby
increasing capability gaps and risks to the overall program.
The Committee recommends $35,000,000 above the request for
the Undersea Mobility Program for the dry combat submersible
program to enable the program to undertake risk reduction
activities, thereby increasing the likelihood of delivery of a
technically satisfactory system that meets the warfighter's
requirements.
DEFENSE PERSONNEL SECURITY RESEARCH CENTER
It is essential that the Department of Defense conducts
proper background investigations for employees in a prompt and
efficient manner. Workplace efficiency and morale decline when
an employee is unable to work due to a delay in security
clearance processing. The Committee is concerned that the
Department is not investing enough in automated tools necessary
to expedite the investigation and reinvestigation process for
security clearances. The Committee encourages the Secretary of
Defense to invest in automated tools capable of performing
queries across government and commercial databases to
streamline the time-consuming process for top level security
clearances.
ADVANCED REMOTE SENSOR TECHNOLOGY
The Committee recommendation includes $33,742,000 for the
Advanced Remote Sensor Technology (ARST) program of the Missile
Defense Agency. The focus of ARST is to develop and mature
emerging sensor technologies capable of three-dimensional
missile imaging and tracking to discriminate threats from a
single platform. The Committee expects funding will enable the
Missile Defense Agency to demonstrate a baseline sensor
capability with instantaneous, three-dimensional imagery and
precision track data on every frame at video rates. The
Committee sees strong potential for utilizing this capability
not only on space-based assets, but from remotely-piloted
aircraft as a risk reduction for space-based platforms.
However, the Committee notes that although this program is a
follow-on effort from the Airborne Infrared system, it is
considered a new start, and thus the Committee recommendation
aligns funding with the request levels throughout the Future
Years Defense Program.
STANDARD MISSILE-3 RISK REDUCTION FOR THE MISSILE DEFENSE AGENCY
The Committee is concerned that there are certain
components for missile defense systems that only have one or
two suppliers in the area of design and production. This is
especially true for the producers of the Standard Missile-3
(SM-3) interceptor's Divert and Attitude Control System which
guides the kill vehicle during the final phase of its intercept
operations. The Committee encourages the Director, Missile
Defense Agency to fund risk reduction activities for the
continued development of components essential to the production
of SM-3 interceptors.
SEMICONDUCTOR INDUSTRY
The Committee is concerned about the ability of the United
States to maintain its global leadership in the production of
semiconductor manufacturing equipment. In order to ensure U.S.
dominance in this critical technology sector and that the
Department of Defense has long-term, reliable domestic access
to the most advanced technologies to manufacture and service
next generation semiconductor fabrication technology, the
Committee directs the Department of Defense to submit a report
to the congressional defense committees, not later than 90 days
after enactment of this Act, on its plans to ensure leadership
in the next generation of 450mm semiconductor fabrication
equipment manufacturing technology in the United States.
OPERATIONAL TEST AND EVALUATION, DEFENSE
Fiscal year 2012 appropriation........................ $191,292,000
Fiscal year 2013 budget request....................... 185,268,000
Committee recommendation.............................. 185,268,000
Change from budget request............................ - - -
This appropriation provides funds for the research,
development, test and evaluation activities of the Department
of Defense for defense-wide activities. The total amount
recommended in the bill will provide the following program in
fiscal year 2013:
TITLE V
REVOLVING AND MANAGEMENT FUNDS
DEFENSE WORKING CAPITAL FUNDS
Fiscal year 2012 appropriation........................ $1,575,010,000
Fiscal year 2013 budget request....................... 1,516,184,000
Committee recommendation.............................. 1,516,184,000
Change from budget request............................ - - -
This appropriation finances, through the receipt of funded
reimbursable orders, the operation of industrial, commercial
and support-type activities such as depot maintenance, supply
operations, distribution depots, transportation services, Navy
research, finance and accounting services, information systems
and telecommunication services. Working capital fund accounts
use cost accounting and business management techniques to
provide managers with information that can be used to monitor,
control, and minimize costs of operations.
NATIONAL DEFENSE SEALIFT FUND
Fiscal year 2012 appropriation........................ $1,100,519,000
Fiscal year 2013 budget request....................... 608,136,000
Committee recommendation.............................. 564,636,000
Change from budget request............................ -43,500,000
This appropriation provides funds for the lease, operation,
and supply of pre-positioning ships, operation of the Ready
Reserve Force, and acquisition of ships for the Military
Sealift Command, the Ready Reserve Force, and the Marine Corps.
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
(in thousands of dollars)
----------------------------------------------------------------------------------------------------------------
Committee Change from
Budget request recommended request
----------------------------------------------------------------------------------------------------------------
STRATEGIC SEALIFT ACQUISITION.......................... 77,386 39,386 -38,000
Afloat forward staging base........................ -38,000 .................
DoD MOBILIZATION ASSETS................................ 184,616 184,616 .................
SEALIFT RESEARCH AND DEVELOPMENT....................... 42,811 37,311 -5,500
Afloat forward staging base........................ ................. -5,500 .................
READY RESERVE FORCE OPERATIONS AND MAINTENANCE......... 303,323 303,323 .................
Total NDSF..................................... 608,136 564,636 -43,500
----------------------------------------------------------------------------------------------------------------
AFLOAT FORWARD STAGING BASE
The request includes $38,000,000 for the advance
procurement of items for the Afloat Forward Staging Base
(AFSB). The AFSB is envisioned by the Navy to act as a mobile
at-sea platform that will provide flexible mission support and
sustainment. This platform will fulfill a very longstanding (at
least 20 years) but never fulfilled mission need for sea-based
support for a variety of missions. In the past, this mission
need has been filled by a variety of ad-hoc methods to include
the use of available surface combatants or amphibious ships.
The closest dedicated platform to fulfilling a similar mission
need was the conversion of the Navy's amphibious assault ship,
USS Inchon, to a mine countermeasure command and support ship
in 1995. This was done at a time when the Navy was shifting the
fleet from an organic mine warfare capability embedded on
surface combatants to a more dedicated mine warfare capability
of mine hunting ships and aircraft. Similarly, the Navy plans
to fill this mission need in the very near term with the
conversion of the USS Ponce in fiscal year 2012.
Further, the Committee notes that the AFSB is planned for
construction in the National Defense Sealift Fund, whose
purpose in ship construction is for strategic sealift
acquisition. The Committee is struggling with placing the
mission of the AFSB into a strategic sealift area and directs
the Secretary of the Navy to accomplish any AFSB tasks in the
traditional Navy appropriation accounts.
The Committee applauds the Navy for finally attempting to
satisfy such a longstanding need, but it is confused as to the
timing of satisfying this need in an era of decreasing budgets
and when two combatants were pulled out of the fiscal year 2014
shipbuilding program. The Committee believes this mission need
can continue to be satisfied as it has been satisfied to date.
The Committee directs the Navy to apply the fiscal year 2014
funding currently projected for the construction of an AFSB
toward fully funding an additional submarine to help achieve
cost savings and industrial base stability in that program.
Accordingly, the recommendation provides no funding for the
AFSB.
TITLE VI
OTHER DEPARTMENT OF DEFENSE PROGRAMS
DEFENSE HEALTH PROGRAM
Fiscal year 2012 appropriation........................ $32,482,059,000
Fiscal year 2013 budget request....................... 32,528,718,000
Committee recommendation.............................. 32,862,234,000
Change from the budget request........................ 333,516,000
This appropriation provides funds for the Defense Health
Program of the Department of Defense. The total amount
recommended in the bill will provide the following program in
fiscal year 2013:
DEFENSE HEALTH PROGRAM REPROGRAMMING PROCEDURES
The Committee remains concerned over the transfer of funds
from Direct (or In-house) Care to pay for contractor-provided
medical care. To limit such transfers and continue oversight
within the Defense Health Program operation and maintenance
account, the Committee includes bill language to cap the funds
available for Private Sector Care under the TRICARE program
subject to prior approval reprogramming procedures. The bill
language and accompanying report language included by the
Committee should not be interpreted by the Department of
Defense as limiting the amount of funds that may be transferred
to the Direct Care System from other budget activities within
the Defense Health Program. In addition, the Committee
continues to designate the funding for the Direct Care System
as a special interest item. Any transfer of funds from the
Direct (or In-house) Care budget activity into the Private
Sector Care budget activity or any other budget activity will
require the Department of Defense to follow prior approval
reprogramming procedures.
The Department also shall provide written notification to
the House and Senate Appropriations Committees of cumulative
transfers in excess of $15,000,000 out of the Private Sector
Care budget activity. The Committee further directs the
Assistant Secretary of Defense (Health Affairs) to provide
quarterly reports to the House and Senate Appropriations
Committees on budget execution data for all of the Defense
Health Program accounts and to adequately reflect changes to
the budget activities requested by the Services in future
budget submissions.
CARRYOVER
For fiscal year 2013, the Committee recommends one percent
carryover authority for the operation and maintenance account
of the Defense Health Program. The Committee directs the
Assistant Secretary of Defense (Health Affairs) to submit a
detailed spending plan for any fiscal year 2012 designated
carryover funds to the congressional defense committees not
fewer than 30 days prior to executing the carryover funds.
TRICARE FEE INCREASES
The recommendation includes the assumed savings generated
from proposed TRICARE fee changes. However, the Committee will
continue to evaluate the proposed TRICARE changes, pending the
passage of the fiscal year 2013 National Defense Authorization
Act.
PEER-REVIEWED CANCER RESEARCH PROGRAM
The Committee recommendation includes $15,000,000 for a
Peer-Reviewed Cancer Research Program that would research
cancers not addressed in the breast, prostate, ovarian, and
lung cancer research programs currently executed by the
Department of Defense, and specifically by the U.S. Army
Medical Research and Materiel Command.
The funds provided are directed to be used to conduct
research in the following areas: melanoma and other skin
cancers, pediatric brain tumors, genetic cancer research,
pancreatic cancer, kidney cancer, blood cancer, colorectal
cancer, mesothelioma, and listeria vaccine for infectious
disease and cancer.
The funds provided under the Peer-Reviewed Cancer Research
Program shall be used only for the purposes listed above. The
Assistant Secretary of Defense (Health Affairs) is directed to
provide a report not later than 60 days after enactment of this
Act to the congressional defense committees on the status of
the Peer-Reviewed Cancer Research Program. For each research
area, the report should include the funding amount awarded, the
progress of the research, and the relevance of the research to
servicemembers and their families.
JOINT WARFIGHTER MEDICAL RESEARCH PROGRAM
The Committee recommendation includes $50,000,000 for the
continuation of the Joint Warfighter Medical Research Program.
Funds shall be used to augment and accelerate high priority
Department of Defense and Service medical requirements and to
continue prior year initiatives that are close to achieving
their objectives and yielding a benefit to military medicine.
The funds shall not be used for new projects or for basic
research. The funding shall be awarded at the Department's
discretion following a review of medical research and
development gaps as well as unfinanced medical requirements of
the Services. Further, the Committee directs the Assistant
Secretary of Defense (Health Affairs) to provide a report not
later than 180 days after enactment of this Act to the
congressional defense committees, which lists the projects that
receive funding. The report should include the amount of
funding provided to each project and a thorough description of
each project's research.
CONGRESSIONALLY DIRECTED MEDICAL RESEARCH PROGRAM
The Committee continues to be a strong proponent of
military medical research and includes adequate funds in its
fiscal year 2013 recommendation for the Congressionally
Directed Medical Research Program (CDMRP). However, the
Committee has become concerned with some aspects of the way the
CDMRP has been administered. In particular, the Committee is
concerned that too many basic research projects are funded,
rather than more advanced research and translational research
projects, which will potentially yield medical breakthroughs
more quickly. The Committee encourages the CDMRP to fund
projects in mature medical research areas that are at more
advanced stages of research and development. The Committee
understands that for some diseases, research is less mature
than for other diseases, and fully expects that most funding in
immature research areas will be used for basic research. In
addition, the Committee directs the Assistant Secretary of
Defense (Health Affairs) to submit a report to the House and
Senate Appropriations Committees not later than 120 days after
enactment of this Act on how the Department of Defense's peer
review process for the CDMRP can be strengthened.
TRAUMATIC BRAIN INJURY/PSYCHOLOGICAL HEALTH FUNDING
The Committee recommendation includes $125,000,000 above
the fiscal year 2013 budget request for Traumatic Brain Injury
(TBI) and Psychological Health (PH) funding.
For the last several fiscal years, the Committee has
provided ample resources above the requested amounts for TBI
and PH research. However, a recent report from the Government
Accountability Office (GAO) found that the Department of
Defense could not adequately track expenditures and that
obligation data reported to Congress has been unreliable. The
GAO report states that ``the Office of the Assistant Secretary
of Defense for Health Affairs has not developed quality control
mechanisms to help ensure that data on PH and TBI activities
are complete and accurate. Further, although the Department
listed patient care among reported costs, it did not specify
what those costs included, making it difficult for
decisionmakers and Congress to fully understand the costs.''
The GAO recommended that ``the Department direct the Assistant
Secretary of Defense (Health Affairs) to include expenditure
data in annual reports to Congress, as required; establish
quality control mechanisms on PH and TBI data; if patient care
costs are provided in future annual reports, specify what they
include; and revisit the role of the Defense Center of
Excellence for PH and TBI (DCOE) as the Department's
coordinating authority for issues concerning PH and TBI, as
stated in DCOE's campaign plan, and determine whether DCOE or
another organization should perform this function.''
The Committee is dismayed at the GAO's recent findings and
encourages the Assistant Secretary of Defense (Health Affairs)
to follow the GAO's recommendations and to provide accurate
expenditure and obligation data for PH and TBI funding to the
congressional defense committees.
Additionally, the Committee encourages the Assistant
Secretary of Defense (Health Affairs) to collaborate with
universities to develop the next generation of mental health
professionals and to address psychological health diagnoses
through innovative new methods and technologies.
PEER-REVIEWED PROSTATE CANCER RESEARCH PROGRAM
The Committee recommendation includes $80,000,000 for the
Peer-Reviewed Prostate Cancer Research Program. The Committee
is aware that there still are not reliable diagnostic tools for
guiding early detection and treatment of prostate cancer.
Therefore, the Committee encourages the Secretary of Defense to
fund research for the advancement of prostate imaging
technologies.
JOINT TASK FORCE NATIONAL CAPITAL REGION MEDICAL
The military medical treatment facilities provide our
wounded warriors and their families world class health care.
Nowhere is that more true than at the Walter Reed National
Military Medical Center (WRNMMC). However, the Committee
remains concerned that distinction is in jeopardy under the
current governance structure for the National Capital Region
(NCR).
The Joint Task Force National Capital Region Medical (JTF
CAPMED) was created for the sole purpose of ensuring a smooth
and successful consolidation of major military medical
hospitals in the NCR as directed by the Base Realignment and
Closure Act of 2005. That purpose has been fulfilled. In
September 2011, a Task Force established by the former Deputy
Secretary of Defense to review the governance of the Military
Health System (MHS) as a whole and the governance of the
National Capital Region military health care in particular,
recommended the disestablishment of JTF CAPMED. Further, the
Task Force recommended the transition to an enhanced multi-
service market similar to other military health markets
throughout the country. The Task Force determined that the
National Capital Region does not need to have unique
headquarters for its military health care. However, the final
decision announced by the Secretary of Defense included the
endurance of JTF CAPMED with some slight changes.
The Committee believes the continued presence of JTF CAPMED
only serves to confuse the command and control at WRNMMC and
adds a layer of bureaucracy that does not exist in any other
multi-service market area. It is also evident that friction
exists at the command level between JTF CAPMED and the Service
Surgeons General. While that friction has not yet jeopardized
the world class medical treatment our troops receive, the
Committee remains fearful that it will begin to permeate down
the ranks and could threaten the day-to-day operations of the
hospital.
The military health care in the NCR is exemplary and should
continue to be world class for our men and women in uniform and
their families. The Committee understands the necessity of
following the guidance recently issued by the Secretary of
Defense but will continue to closely monitor the situation at
JTF CAPMED.
PRESCRIPTION DRUG ABUSE
The Committee remains concerned with pain management
prescription medication dependency among servicemembers. It is
imperative that the tracking of pain management prescription
drugs is handled consistently at military medical treatment
facilities, particularly in theater, as well as at retail and
mail order pharmacies. It is also important that the proper
steps are taken to prevent overmedication and that treatment
options are available for those facing possible addiction. The
Committee encourages the Secretary of Defense to make
curtailing prescription drug abuse a priority.
OVERSEAS MEDICAL LABORATORIES
The Committee recognizes the critical contribution that the
Department of Defense research and development portfolio makes
in protecting U.S. servicemembers from infectious diseases they
may encounter on missions around the world. While focusing on
troop readiness and protection, the Department's research has
also contributed to the production of new global health
technologies. The Committee encourages the Secretary of Defense
to continue to robustly fund infectious disease research and
the Army and Navy Overseas Medical Research Laboratories.
INFORMATION TECHNOLOGY DISCHARGE SOLUTIONS
The Committee is aware that many non-Department of Defense
acute care facilities utilize automated referral and discharge
processes known as Information Technology Discharge Solutions
(ITDS). The ITDS provide seamless discharges from acute care
facilities in a cost effective and expeditious manner. The
Committee encourages the Assistant Secretary of Defense (Health
Affairs) to determine whether ITDS could be utilized in
Department of Defense facilities to improve coordinated care,
hospital administration processes, transitions between levels
of care, security of health information, length of stay, and
cost savings for acute care.
COOPERATION BETWEEN MILITARY MEDICAL FACILITIES, CIVILIAN HEALTHCARE
FACILITIES, AND UNIVERSITIES
The Committee recognizes the importance of cooperation
between military medical facilities, universities, hospitals,
and other civilian partners to integrate civilian and military
domestic disaster medical and public health emergency
preparedness and response activities and to provide trauma
training to sustain the education of military medical
providers.
The Committee encourages the Assistant Secretary of Defense
(Health Affairs) to continue the Department of Defense's
support of such vital cooperative activities for the active,
National Guard, and reserve components. The Committee also
encourages the Assistant Secretary of Defense (Health Affairs)
to expand these partnerships in order to fully capitalize on
the expertise in non-Department of Defense medical centers and
universities that can lead to increased medical readiness and
resiliency in the military.
PROSTHETIC RESEARCH
The Committee encourages the Assistant Secretary of Defense
(Health Affairs) to provide resources for research to support
advances in technology at the interface between the nervous
system and intelligent prosthetics to provide sensation to
amputees.
MULTI-DISCIPLINARY BRAIN RESEARCH
The Committee encourages the Secretary of Defense to
support multi-disciplinary research toward translational
medicine that may provide better diagnostic tools and treatment
outcomes for servicemembers who suffer from traumatic brain
injury, post-traumatic stress disorder, and other neurotrauma.
The Committee encourages the Secretary of Defense to provide
the capabilities necessary for researchers, scientists,
surgeons, physicians, healthcare professionals, and patients to
effectively communicate their findings and outcomes. With
proper support, translational research outcomes would be
augmented through real-time access to information and its
integration between researchers, physicians, hospitals, and
patients. The Committee directs the Secretary of Defense to
provide a report not later than 90 days after enactment of this
Act on possible implementation of this program.
FEDERAL NEUROSCIENCE WORKING GROUP
The Committee is aware that the Office of Science and
Technology Policy, within the Executive Office of the
President, is establishing an interagency working group under
the auspices of the National Science and Technology Council
(NSTC) to coordinate investments in neuroscience research
across the Federal Government and leverage the potential for
significant, transformative advances in our fundamental
understanding of learning, brain development, and brain health
and recovery. The goal of the working group is to help
coordinate, focus, and enhance Federal efforts related to
neuroscience, including efforts to develop future clinical
treatments for traumatic and acquired brain injuries; increase
our understanding of cognition and apply that knowledge to the
improvement of education and learning; and improve our
understanding of, and develop better therapies for,
neurodegenerative diseases, childhood developmental disorders,
and other neurological conditions. The Committee supports the
activities of the NSTC Neuroscience Working Group and urges the
Department of Defense to play an active role in it.
CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE
Fiscal year 2012 appropriation........................ $1,554,422,000
Fiscal year 2013 budget request....................... 1,301,786,000
Committee recommendation.............................. 1,301,786,000
Change from budget request............................ - - -
This appropriation provides funds for the Chemical Agents
and Munitions Destruction activities of the Department of
Defense.
The Committee recommends an appropriation of $1,301,786,000
for the Chemical Agents and Munitions Destruction, Defense
program.
The total amount recommended in the bill will provide the
following program in fiscal year 2013:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[in thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Committee Change from
Budget request recommendation request
----------------------------------------------------------------------------------------------------------------
OPERATION AND MAINTENANCE.............................. 635,843 635,843 -
PROCUREMENT............................................ 18,592 18,592 -
RESEARCH, DEVELOPMENT, TEST AND EVALUATION............. 647,351 647,351 -
TOTAL, CHEMICAL AGENTS AND MUNITIONS 1,301,786 1,301,786 -
DESTRUCTION, DEFENSE..........................
----------------------------------------------------------------------------------------------------------------
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE
Fiscal year 2012 appropriation........................ $1,209,620,000
Fiscal year 2013 budget request....................... 999,363,000
Committee recommendation.............................. 1,133,363,000
Change from the budget request........................ 134,000,000
This appropriation provides funds for military personnel;
operation and maintenance; procurement; and research,
development, test and evaluation for drug interdiction and
counter-drug activities of the Department of Defense to include
activities related to narcoterrorism.
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[in thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Committee Change from
Budget request recommendation request
----------------------------------------------------------------------------------------------------------------
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES.......... 999,363 1,133,363 134,000
National Guard counter-drug program................ 130,000
Young Marines--drug demand reduction............... 4,000
----------------------------------------------------------------------------------------------------------------
NATIONAL GUARD COUNTER-DRUG STATE PLANS
The Committee recommendation includes $130,000,000 above
the request to supplement the National Guard Counter-Drug
Program. The Committee is discouraged that, in a misguided
effort to produce savings, the budget request reduced the
National Guard Counter-Drug Program by nearly forty percent
from the fiscal year 2012 budget request, and by nearly fifty
percent from the fiscal year 2012 enacted level. The Committee
recognizes the importance of the mission of the National Guard
Counter-Drug Program and encourages the continued use of the
highly effective and efficient Threat Based Resource Model.
Further, the Committee directs the Secretary of Defense to
robustly fund the National Guard Counter-Drug Program in
subsequent budget years and to ensure that funding levels for
the National Guard Counter-Drug Program do not fall below
twenty percent of the total Drug Interdiction and Counter-Drug
Activities appropriations funded under title VI.
TETHERED AEROSTAT RADAR SYSTEM PROGRAM
The Committee is aware that internal interagency
discussions are again underway related to the administration of
the Tethered Aerostat Radar System (TARS) program. TARS
surveillance data is used by U.S. Customs and Border Protection
and by the Joint Interagency Task Force-South in support of
border security and counter-drug operations. The aerostats,
while still under the responsibility of the Air Force, have not
been maintained for a number of reasons. However, the Committee
believes that an alternative means of supporting operational
needs for surveillance data has yet to be deployed. For that
reason, the Committee is concerned about the reduced
capability, particularly in the Caribbean, and encourages the
Secretary of Defense to work with U.S. Customs and Border
Protection and other interagency partners to develop a short
term solution to address reduced capability as well as the
right long term solution--whether that is transfer of assets,
repair of current assets, replacement with other technology or
capability, or other solutions.
JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND
Fiscal year 2012 appropriation........................ - - -
Fiscal year 2013 budget request....................... $227,414,000
Committee recommendation.............................. 217,414,000
Change from budget request............................ -10,000,000
This fund provides for the staff and infrastructure of the
Joint Improvised Explosive Device Defeat Organization.
The Committee recommends an appropriation of $217,414,000.
JOINT URGENT OPERATIONAL NEEDS FUND
Fiscal year 2012 appropriation........................ - - -
Fiscal year 2013 budget request....................... $99,477,000
Committee recommendation.............................. - - -
Change from budget request............................ -99,477,000
This fund provides for the Joint Urgent Operational Needs
Fund.
The Committee recommends no funding for the Joint Urgent
Operational Needs Fund.
OFFICE OF THE INSPECTOR GENERAL
Fiscal year 2012 appropriation........................ $346,919,000
Fiscal year 2013 budget request....................... 273,821,000
Committee recommendation.............................. 350,321,000
Change from budget request............................ 76,500,000
The Committee recommends an appropriation of $350,321,000
for the Office of the Inspector General.
The total amount recommended in the bill will provide the
following program in fiscal year 2013:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[in thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Committee Change from
Budget request recommendation request
----------------------------------------------------------------------------------------------------------------
OPERATION AND MAINTENANCE.............................. 272,821 347,621 74,800
Program increase................................... 74,800
PROCUREMENT............................................ 1,000 2,700 1,700
Program increase................................... 1,700
TOTAL, OFFICE OF THE INSPECTOR GENERAL......... 273,821 350,321 76,500
----------------------------------------------------------------------------------------------------------------
TITLE VII
RELATED AGENCIES
NATIONAL AND MILITARY INTELLIGENCE PROGRAMS
The National Intelligence Program and the Military
Intelligence Program budgets funded in the Department of
Defense Appropriations Act consist primarily of resources for
the Director of National Intelligence including the
Intelligence Community Management Staff, the Central
Intelligence Agency (CIA), the Defense Intelligence Agency, the
National Reconnaissance Office, the National Security Agency,
the National Geospatial-Intelligence Agency, the intelligence
services of the Departments of the Army, Navy, Air Force, and
Marine Corps, and the CIA Retirement and Disability fund.
CLASSIFIED ANNEX
The Committee's budget reviews are published in a separate
detailed and comprehensive classified annex. The intelligence
community, Department of Defense, and other organizations are
expected to fully comply with the recommendations and
directions in the classified annex accompanying the Department
of Defense Appropriations Act, 2013.
CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM FUND
Fiscal year 2012 appropriation........................ $513,700,000
Fiscal year 2013 budget request....................... 514,000,000
Committee recommendation.............................. 514,000,000
Change from budget request............................ - - -
This appropriation provides payments of benefits to
qualified beneficiaries in accordance with the Central
Intelligence Agency Retirement Act of 1964 for Certain
Employees (P.L. 88-643), as amended by Public Law 94-522. This
statute authorized the establishment of the CIA Retirement and
Disability System for certain employees and authorized the
establishment and maintenance of a fund from which benefits
would be paid to those beneficiaries.
The Committee recommends the budget request of $514,000,000
for the Central Intelligence Agency Retirement and Disability
System fund. This is a mandatory account.
INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT
Fiscal year 2012 appropriation........................ $547,891,000
Fiscal year 2013 budget request....................... 540,252,000
Committee recommendation.............................. 511,476,000
Change from budget request............................ -28,776,000
The Committee recommends an appropriation of $511,476,000
for the Intelligence Community Management Account.
TITLE VIII
GENERAL PROVISIONS
The accompanying bill includes 120 general provisions. Most
of these provisions were included in the Department of Defense
Appropriations Act for fiscal year 2012 and many have been
included in the Defense Appropriations Acts for a number of
years. A description of each provision follows.
Section 8001 provides that no funds made available in this
Act may be used for publicity or propaganda purposes not
authorized by Congress.
Section 8002 provides for conditions and limitations on the
payment of compensation to, or employment of, foreign
nationals.
Section 8003 provides that no funds made available in this
Act may be obligated beyond the end of the fiscal year unless
expressly provided for a greater period of availability
elsewhere in the Act.
Section 8004 provides a 20 percent limitation on the
obligation of funds provided in this Act during the last two
months of the fiscal year.
Section 8005 has been amended and provides for the general
transfer authority of working capital funds to other military
functions.
Section 8006 has been amended and provides that the tables
titled ``Explanation of Project Level Adjustments'' in the
committee report and classified annex shall be carried out in
the manner provided by the tables to the same extent as if the
tables were included in the text of this Act.
Section 8007 has been amended and provides for the
establishment of a baseline for application of reprogramming
and transfer authorities for the current fiscal year.
Section 8008 provides for limitations on the use of
transfer authority of working capital fund cash balances.
Section 8009 provides that none of the funds appropriated
in this Act may be used to initiate a special access program
without prior notification to the congressional defense
committees.
Section 8010 has been amended and provides limitations and
conditions on the use of funds made available in this Act to
initiate multi-year contracts.
Section 8011 provides for the use and obligation of funds
for humanitarian and civic assistance costs under chapter 20 of
title 10, United States Code.
Section 8012 has been amended and provides that civilian
personnel of the Department may not be managed on the basis of
end strength or be subject to end strength limitations.
Section 8013 prohibits funding from being used to influence
congressional action on any matters pending before the
Congress.
Section 8014 prohibits compensation from being paid to any
member of the Army who is participating as a full-time student
and who receives benefits from the Education Benefits Fund when
time spent as a full-time student is counted toward that
member's service commitment.
Section 8015 provides for the transfer of funds
appropriated in title III of this Act for the Department of
Defense Pilot Mentor-Protege Program.
Section 8016 provides for the Department of Defense to
purchase anchor and mooring chains manufactured only in the
United States.
Section 8017 has been amended and makes permanent the
prohibition of funds made available to the Department of
Defense from being used to demilitarize or dispose of certain
surplus firearms and small arms ammunition or ammunition
components.
Section 8018 provides a limitation on funds being used for
the relocation of any Department of Defense entity into or
within the National Capital Region.
Section 8019 provides for incentive payments authorized by
section 504 of the Indian Financing Act of 1974 (25 U.S.C.
1544).
Section 8020 provides that no funding for the Defense Media
Activity may be used for national or international political or
psychological activities.
Section 8021 provides for the obligation of funds for
purposes specified in section 2350j(c) of title 10, United
States Code, in anticipation of receipt of contributions from
the Government of Kuwait.
Section 8022 has been amended and provides funding for the
Civil Air Patrol Corporation.
Section 8023 has been amended and prohibits funding from
being used to establish new Department of Defense Federally
Funded Research and Development Centers (FFRDC), with certain
limitations.
Section 8024 provides for the Department of Defense to
procure carbon, alloy, or armor steel plate melted and rolled
only in the United States and Canada.
Section 8025 defines the congressional defense committees
as being the Armed Services Committees of the House and Senate
and the Subcommittees on Defense of the Committees on
Appropriations of the House and Senate.
Section 8026 provides for competitions between private
firms and Department of Defense Depot Maintenance Activities
for modification, depot maintenance, and repair of aircraft,
vehicles, and vessels as well as the production of components
and other Defense-related articles.
Section 8027 has been amended and provides for revocation
of blanket waivers of the Buy American Act upon a finding that
a country has violated a reciprocal trade agreement by
discriminating against products produced in the United States
that are covered by the agreement.
Section 8028 provides for the availability of funds
contained in the Department of Defense Overseas Military
Facility Investment Recovery Account for purposes specified in
section 2921(c)(2) of the 1991 National Defense Authorization
Act.
Section 8029 provides for the conveyance, without
consideration, of relocatable housing units that are excess to
the needs of the Air Force located at Grand Forks Air Force
Base, Malmstrom Air Force Base, Mountain Home Air Force Base,
Ellsworth Air Force Base, and Minot Air Force Base to Indian
Tribes located in the states of Nevada, Idaho, North Dakota,
South Dakota, Montana, Oregon, Minnesota, and Washington.
Section 8030 provides authority to use operation and
maintenance appropriations to purchase items having an
investment item unit cost of not more than $250,000.
Section 8031 has been amended and prohibits the use of
Working Capital Funds to purchase specified investment items.
Section 8032 has been amended and provides that none of the
funds appropriated for the Central Intelligence Agency shall
remain available for obligation beyond the current fiscal year
except for funds appropriated for the Reserve for
Contingencies, the Working Capital Fund, or other programs as
specified.
Section 8033 provides that funds available for the Defense
Intelligence Agency may be used for the design, development,
and deployment of General Defense Intelligence Program
intelligence communications and intelligence information
systems.
Section 8034 provides for the availability of funds for the
mitigation of environmental impacts on Indian lands resulting
from Department of Defense activities.
Section 8035 requires the Department of Defense to comply
with the Buy American Act (chapter 83 of title 41, United
States Code).
Section 8036 provides conditions under which contracts for
studies, analyses, or consulting services may be entered into
without competition on the basis of an unsolicited proposal.
Section 8037 places certain limitations on the use of funds
made available in this Act to establish Field Operating
Agencies.
Section 8038 provides grant authorities for the Department
of Defense acting through the Office of Economic Adjustment.
Section 8039 prohibits funds made available in this Act
from being used to convert to contractor performance an
activity or function performed by civilian employees, unless
certain conditions are met.
(RESCISSIONS)
Section 8040 provides for the rescission of $1,019,316,000
from the following programs:
2011 Appropriations:
Procurement of Ammunition, Army:
40mm ammunition............................... $14,862,000
Aircraft Procurement, Navy:
P-8A.......................................... 30,100,000
Weapons Procurement, Navy:
Tomahawk contract savings..................... 22,000,000
Other Procurement, Navy:
Minesweeping system replacement............... 12,432,000
Aircraft Procurement, Air Force:
Light mobility aircraft....................... 65,000,000
Other Procurement, Air Force:
GCSS-AF FOS (ECSS)............................ 9,500,000
2012 Appropriations:
Other Procurement, Army:
Warfighter Information Network--Tactical...... 80,000,000
Aircraft Procurement, Navy:
F-18 series OSIP 14-03 ILS.................... 10,000,000
H-53 series IMDS installation kits............ 4,400,000
Weapons Procurement, Navy:
Tomahawk contract savings..................... 18,000,000
AMRAAM contract savings....................... 3,572,000
ASW targets................................... 10,000,000
Aircraft Procurement, Air Force:
Common Vertical Lift Support Platform......... 52,800,000
Light Attack Armed Reconnaissance............. 115,000,000
RQ-4 advance procurement...................... 71,500,000
C-17 modifications............................ 37,750,000
Missile Procurement, Air Force:
AMRAAM contract savings....................... 37,000,000
Classified programs........................... 7,000,000
Other Procurement, Air Force:
GCSS-AF FOS (ECSS)............................ 55,800,000
Research, Development, Test and Evaluation, Army:
Joint Air-to-Ground Missile................... 63,000,000
Research, Development, Test and Evaluation, Navy:
Medium range maritime UAS..................... 15,000,000
Joint Air-to-Ground Missile................... 105,000,000
Research, Development, Test and Evaluation, Air
Force:
JSpoC modernization system.................... 40,000,000
Classified programs........................... 90,000,000
EW development (MALD-J II).................... 4,600,000
Common Vertical Lift Support Platform......... 5,300,000
Light Attack Armed Reconnaissance............. 13,700,000
AWACS......................................... 10,000,000
B-2 squadrons................................. 16,000,000
Section 8041 prohibits funds made available in this Act
from being used to reduce authorized positions for military
technicians (dual status) of the Army National Guard, Air
National Guard, Army Reserve, and Air Force Reserve unless such
reductions are a direct result of a reduction in military force
structure.
Section 8042 prohibits funding from being obligated or
expended for assistance to the Democratic People's Republic of
Korea unless appropriated for that purpose.
Section 8043 provides for reimbursement to the National
Guard and reserve when members of the National Guard and
reserve provide intelligence or counterintelligence support to
the Combatant Commands, Defense Agencies, and Joint
Intelligence Activities.
Section 8044 prohibits funds from being used to reduce
civilian medical and medical support personnel assigned to
military treatment facilities below the September 30, 2003
level unless the Service Surgeons General certify to the
congressional defense committees that it is a responsible
stewardship of resources to do so.
Section 8045 prohibits the transfer of Defense and Central
Intelligence Agencies' drug interdiction and counter-drug
activity funds to other agencies except as specifically
provided in an appropriations law.
Section 8046 prohibits funding from being used for the
procurement of ball and roller bearings other than those
produced by a domestic source and of domestic origin.
Section 8047 prohibits funding from being used to purchase
supercomputers which are not manufactured in the United States.
Section 8048 prohibits funding made available in this or
any other Act from being used to pay the salary of anyone who
approves or implements a transfer of administrative
responsibilities or budgetary resources of any program,
project, or activity financed by this Act to the jurisdiction
of another Federal agency not financed by this Act without
express authorization of the Congress.
Section 8049 provides for prior Congressional notification
of article transfers to international peacekeeping
organizations.
Section 8050 prohibits funding from being used for
contractor bonuses being paid due to business restructuring.
Section 8051 provides for the transfer of funds to be used
to support personnel supporting approved non-traditional
defense activities.
Section 8052 provides for the Department of Defense to
dispose of negative unliquidated or unexpended balances for
expired or closed accounts.
Section 8053 provides conditions for the use of equipment
of the National Guard Distance Learning Project on a space-
available, reimbursable basis.
Section 8054 provides for the availability of funds to
implement cost-effective agreements for required heating
facility modernization in the Kaiserslautern Military
Community, Germany.
Section 8055 provides for the limitation on the use of
funds appropriated in title IV to procure end-items for
delivery to military forces for operational training,
operational use, or inventory requirements.
Section 8056 provides for a waiver of the ``Buy American''
provisions for certain cooperative programs.
Section 8057 prohibits funding from being used to support
the training of members of foreign security forces who have
engaged in gross violations of human rights.
Section 8058 prohibits funding from being used for repairs
or maintenance to military family housing units.
Section 8059 provides obligation authority for new starts
for advanced concept technology demonstration projects only
after notification to the congressional defense committees.
Section 8060 provides that the Secretary of Defense shall
provide a classified quarterly report on certain matters as
directed in the classified annex accompanying this Act.
Section 8061 prohibits the use of funds made available to
the Department of Defense to provide support to an agency that
is more than 90 days in arrears in making payments to the
Department of Defense for goods or services provided on a
reimbursable basis.
Section 8062 provides for the use of National Guard
personnel to support ground-based elements of the National
Ballistic Missile Defense System.
Section 8063 prohibits the use of funds made available in
this Act to transfer to any nongovernmental entity ammunition
held by the Department of Defense that has a center-fire
cartridge and is designated as ``armor piercing'' except for
demilitarization purposes.
Section 8064 provides for a waiver by the Chief, National
Guard Bureau or his designee for all or part of consideration
in cases of personal property leases of less than one year.
Section 8065 prohibits funding from being used to purchase
alcoholic beverages.
Section 8066 has been amended and provides for the transfer
of funds made available in this Act under ``Operation and
Maintenance, Army'' to other activities of the Federal
Government for classified purposes.
Section 8067 has been amended and provides for the forced
matching of disbursements and obligations made by the
Department of Defense in the current fiscal year.
Section 8068 provides grant authority for the construction
and furnishing of additional Fisher Houses to meet the needs of
military family members when confronted with the illness or
hospitalization of an eligible military beneficiary.
Section 8069 has been amended and provides funding and
transfer authority for the Israeli Cooperative Programs.
Section 8070 has been amended and prohibits funding from
being obligated to modify command and control relationships to
give Fleet Forces Command operational and administrative
control of U.S. Navy forces assigned to the Pacific Fleet.
Section 8071 has been amended and provides for the funding
of prior year shipbuilding cost increases.
Section 8072 has been amended and provides that funds made
available in this Act for intelligence activities are deemed to
be specifically authorized by Congress for purposes of section
504 of the National Security Act of 1947 until the enactment of
the Intelligence Authorization Act for the current fiscal year.
Section 8073 prohibits funding from being used to initiate
a new start program without prior written notification.
Section 8074 provides that the budget of the President for
the subsequent fiscal year shall include separate budget
justification documents for costs of the United States Armed
Forces' participation in contingency operations for the
Military Personnel, Operation and Maintenance, and Procurement
accounts.
Section 8075 prohibits funding from being used for the
research, development, test, evaluation, procurement, or
deployment of nuclear armed interceptors of a missile defense
system.
Section 8076 provides the Secretary of Defense with the
authority to make grants in the amounts specified.
Section 8077 prohibits funding from being used to reduce or
disestablish the operation of the 53rd Weather Reconnaissance
Squadron of the Air Force Reserve.
Section 8078 prohibits funding from being used for the
integration of foreign intelligence information unless the
information has been lawfully collected and processed during
conduct of authorized foreign intelligence activities.
Section 8079 provides that at the time members of reserve
components of the Armed Forces are called or ordered to active
duty, each member shall be notified in writing of the expected
period during which the member will be mobilized.
Section 8080 provides that the Secretary of Defense may
transfer funds from any available Department of the Navy
appropriation under certain conditions to any available Navy
ship construction appropriation to liquidate costs caused by
rate adjustments or other economic factors.
Section 8081 provides for the use of current and expired
Shipbuilding and Conversion, Navy subdivisions to reimburse the
Judgment Fund.
Section 8082 prohibits funding from being used to transfer
program authority relating to current tactical unmanned aerial
vehicles from the Army and requires the Army to retain
responsibility for and operational control of the MQ-1C Sky
Warrior Unmanned Aerial Vehicle.
Section 8083 provides funding under certain conditions for
the Asia Pacific Regional Initiative Program for the purpose of
enabling the Pacific Command to execute certain Theater
Security Cooperation activities.
Section 8084 has been amended and prohibits funding
provided for the Director of National Intelligence beyond the
current fiscal year, except for funds appropriated for research
and technology, which shall remain available for the current
and the following fiscal years.
Section 8085 provides for the adjustment of obligations
within the Shipbuilding and Conversion, Navy appropriation.
Section 8086 requires the Director of National Intelligence
to include certain budget exhibits as described in the
Department of Defense Financial Management Regulation with the
congressional budget justification books.
Section 8087 is a new provision that reduces the amounts
provided to Operation and Maintenance, Army and Other
Procurement, Army due to an excessive level of carryover at
Army depots.
Section 8088 has been amended and provides for the
establishment of a baseline for application of reprogramming
and transfer authorities for the Office of the Director of
National Intelligence for the current fiscal year.
Section 8089 provides for limitations on funding provided
for the National Intelligence Program to be available for
obligation or expenditure through a reprogramming or transfer
of funds in accordance with section 102A(d) of the National
Security Act of 1947 (50 U.S.C. 403-1(d)).
Section 8090 directs the Director of National Intelligence
to submit a future-years intelligence program reflecting
estimated expenditures and proposed appropriations.
Section 8091 defines the congressional intelligence
committees as being the Permanent Select Committee on
Intelligence of the House, the Select Committee on Intelligence
of the Senate, and the Subcommittees on Defense of the
Committees on Appropriations of the House and Senate.
Section 8092 has been amended and directs the Department of
Defense to continue to report incremental contingency
operations costs for Operation New Dawn, Operation Enduring
Freedom, or any other named operations in the U.S. Central
Command area of responsibility on a monthly basis in the Cost
of War Execution Report as required by Department of Defense
Financial Management Regulation.
Section 8093 provides the authority to transfer funding
from operations and maintenance accounts for the Army, Navy,
and Air Force to the Fisher Houses and Suites.
Section 8094 provides that operation and maintenance funds
may be available for the purpose of making remittances to the
Defense Acquisition Workforce Development Fund.
Section 8095 provides that any agency receiving funds made
available in this Act shall post on a public website any report
required to be submitted by Congress with certain exceptions.
Section 8096 requires contractors receiving any federal
contract in excess of $1,000,000 to require, as a condition of
employment, that employees or independent contractors agree to
resolve through arbitration any claim or tort related to, or
arising out of, sexual assault or harassment, including assault
and battery, intentional infliction of emotional distress,
false imprisonment, or negligent hiring, supervision, or
retention and to certify that each covered subcontractor do the
same.
Section 8097 prohibits funding to the Association of
Community Organizations for Reform Now (ACORN) or its
subsidiaries.
Section 8098 has been amended and provides funds for
transfer to the Joint Department of Defense--Department of
Veterans Affairs Medical Facility Demonstration Fund.
Section 8099 has been amended and prevents the Office of
the Director of National Intelligence from employing more
Senior Executive employees than are specified in the classified
annex.
Section 8100 prohibits funding from being used to pay a
retired general or flag officer to serve as a senior mentor
advising the Department of Defense unless such retired officer
files a Standard Form 278 or successor form.
Section 8101 provides for the purchase of heavy and light
armored vehicles for the physical security of personnel or for
force protection purposes up to a limit of $250,000 per
vehicle.
Section 8102 has been amended and provides grants through
the Office of Economic Adjustment to assist the civilian
population of Guam in response to the military buildup of Guam.
Section 8103 prohibits the Secretary of Defense from taking
beneficial occupancy of more than 2,000 parking spaces to be
provided by the BRAC 133 project unless certain conditions are
met.
Section 8104 has been amended and requires monthly
reporting of the civilian personnel end strength by
appropriation account to the congressional defense committees.
Section 8105 prohibits funding to separate the National
Intelligence Program budget from the Department of Defense
budget.
Section 8106 has been amended and provides the Director of
National Intelligence with general transfer authority with
certain limitations.
Section 8107 has been amended and provides authority to
make grants to construct, renovate, repair, or expand
elementary and secondary public schools on military
installations to address capacity or facility condition
deficiencies.
Section 8108 prohibits funding to transfer or release any
individual detained at Guantanamo Bay, Cuba into the United
States, its territories, or possessions. This language is
identical to language enacted in Public Law 112-74.
Section 8109 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 makes
certain certifications. This language is identical to language
enacted in Public Law 112-74.
Section 8110 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. This
language is identical to language enacted in Public Law 112-74.
Section 8111 prohibits funding from being used to enter
into agreements with corporations with unpaid tax liabilities.
Section 8112 prohibits funding from being used to enter
into agreements with a corporation that was convicted of a
federal criminal violation in the past 24 months.
Section 8113 prohibits funding from being used to violate
the Trafficking Victims Protection Act of 2000.
Section 8114 prohibits funding from being used to violate
the Child Soldiers Prevention Act of 2008.
Section 8115 prohibits funding from being used to violate
the War Powers Resolution Act.
Section 8116 is a new provision that prohibits funding from
being used to retire, divest, realign, or transfer Air Force
aircraft or to disestablish or convert units associated with
such aircraft.
Section 8117 is a new provision that requires the Secretary
of the Air Force to obligate and expend funds previously
appropriated for the procurement of RQ-4B Global Hawk and C-27J
Spartan aircraft.
Section 8118 is a new provision that prohibits funding from
being used to retire C-23 Sherpa aircraft.
Section 8119 is a new provision that eliminates funding
requested for the civilian pay raise.
Section 8120 is a new provision that prohibits funding from
being used to transfer a veterans memorial object to a foreign
country or entity controlled by a foreign government unless
such transfer is specifically authorized by law.
Section 8121 is a new provision that restricts funding from
being used to sponsor certain sporting events.
TITLE IX
OVERSEAS CONTINGENCY OPERATIONS
COMMITTEE RECOMMENDATION
In title IX the Committee recommends total new
appropriations of $88,479,906,000. A detailed review of the
Committee's recommendations for programs funded in this title
is provided in the following pages.
REPORTING REQUIREMENTS
The Committee directs the Secretary of Defense to continue
to report incremental contingency operations costs for
Operation Enduring Freedom on the monthly basis in the Cost of
War Execution report as required by Department of Defense
Financial Management Regulation, Chapter 23, Volume 12. The
committee further directs the Secretary of Defense to continue
providing Cost of War reports to the congressional defense
committees that include the following information by
appropriation account: funding appropriated, funding allocated,
monthly obligations, monthly disbursements, cumulative fiscal
year obligations, and cumulative fiscal year disbursements.
Finally, given the Air Force's recent confusion regarding
named operations versus exercises, the Committee wants to make
clear that overseas contingency operations funding should only
be used to finance the incremental cost of named military
operations in the Central Command area of responsibility.
The Committee expects that in order to meet unanticipated
requirements, funds may need to be transferred within these
appropriations accounts for purposes other than those specified
in this report. The Committee directs the Secretary of Defense
to follow normal prior approval reprogramming procedures should
it be necessary to transfer funding between different
appropriations accounts in this title.
AFGHAN LOCAL POLICE AND HUMAN RIGHTS ABUSES
The Committee is deeply concerned by reports from human
rights and humanitarian organizations alleging human rights
abuses committed by some members of Afghan Local Police (ALP)
in Afghanistan. The Committee remains troubled by public
reports highlighting the Government of Afghanistan's lack of
capacity to effectively oversee the ALP program and the
potential consequences thereof. The Committee urges the
Department to take additional steps to ensure that U.S. funds
and personnel are employed in compliance with Section 8057 of
this Act. Not later than 90 days after enactment of this Act,
the Secretary of Defense shall provide a report to the
congressional defense committees outlining in detail the
following: how the U.S. is assisting the Afghan government to
implement the ALP program, the Afghan government's capacity and
efforts to exercise effective oversight and investigate
allegations of abuse by ALP units or individuals, and if
necessary, what actions are being taken to hold those persons
responsible accountable for these actions. The report should
describe the U.S. and Afghan government's responses to
allegations, efforts taken to investigate the allegations and
bring those accused to justice, U.S. funds expended or
anticipated to be expended for the ALP, as well as the
Department's strategy to assist the Afghan government in the
implementation of the program.
MILITARY PERSONNEL
The Committee recommends an additional appropriation of
$13,786,221,000 for Military Personnel. The Committee's
recommendations for each military personnel account are shown
below:
OPERATION AND MAINTENANCE
The Committee recommends an additional appropriation of
$63,478,841,000 for Operation and Maintenance. The Committee's
recommendations for each operation and maintenance account are
shown below:
COMMANDER'S EMERGENCY RESPONSE PROGRAM
The bill provides $250,000,000 of the $400,000,000
requested for the Commander's Emergency Response Program (CERP)
for Afghanistan. Funds to deliver CERP projects in Afghanistan
in fiscal year 2013 were not fully justified to the Committee.
The bill also requires the Secretary of Defense to notify the
congressional defense committees 15 days prior to making CERP
funds available for any project with an expected total cost in
excess of $5,000,000.
COALITION SUPPORT FUNDS
The recommendation provides $1,750,000,000 requested for
Coalition Support Funds for reimbursements to coalition
countries, primarily Pakistan and Jordan, for logistical,
military, and other expenses incurred in supporting U.S.
military operations. Closures placed on ground lines of
communication through Pakistan into Afghanistan following the
events of November 26, 2011 have resulted in limited
reimbursements. Because of the limited need for reimbursement,
the Committee imposes restrictions on the use of $1,300,000,000
of the $1,750,000,000 allocated specifically for Pakistan.
Additionally, the bill requires a certification by the
Secretaries of State and Defense regarding Pakistan's
cooperation with the United States on various matters.
C-17 ENGINE MAINTENANCE
The Air Force requests a direct appropriation of
$230,400,000 for C-17 engine maintenance in the Air Force
Working Capital Fund but provides no supporting justification
for this funding requirement. Further, the Air Force could not
provide a coherent explanation as to why the funding was
requested in the Working Capital Fund rather than in the
operation and maintenance account. The Committee believes this
funding requirement is an indication that the Air Force must do
more to control the rising costs of maintaining the C-17
engine. The Air Force recently proposed a C-17 engine
sustainment strategy to achieve savings through induced
competition for engine overhaul and supply chain management
services. However, the Committee is already concerned that this
strategy will take longer to introduce competition than is
necessary. As of December 2011, the Air Force had the C-17
engine overhaul and component repair manuals and the data
rights to approve non-original equipment manufacturer parts and
therefore had the ability to competitively contract for engine
components, subsystems, and for the management of the supply
chain. The Committee believes that by expediting the
establishment of an effective Source Approval Request process,
savings can be achieved through open competition as soon as
fiscal year 2013. Accordingly, the Committee reduces the
request by $30,400,000 and expects the Secretary of the Air
Force to take the necessary actions to accelerate competition
in support of achieving these savings.
PROCUREMENT
The Committee recommends an additional appropriation of
$7,906,039,000 for Procurement. The Committee's recommendations
for each procurement account are shown below:
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
The Committee recommends an additional appropriation of
$235,516,000 for Research, Development, Test and Evaluation.
The Committee's recommendations for each research, development,
test and evaluation account are shown below:
REVOLVING AND MANAGEMENT FUNDS
DEFENSE WORKING CAPITAL FUNDS
The Committee recommends an additional appropriation of
$293,600,000 for the Defense Working Capital Fund accounts.
The Committee's recommendations are shown below:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[in thousands of dollars]
------------------------------------------------------------------------
Budget Committee Change from
request recommendation request
------------------------------------------------------------------------
Army WCF--Army Prepositioned 42,600 42,600 ...........
stocks (OCO)....................
--------------------------------------
Army Working Capital Fund OCO 42,600 42,600 ...........
Subtotal........................
AF WCF--Transportation for Fallen 10,000 10,000 ...........
Heroes..........................
AF WCF--CLS Contract for C-17 230,400 0 -230,400
Engine Maintenance..............
Realigned to Operation and ........ -230,400 ...........
Maintenance, Air Force......
--------------------------------------
Air Force Working Capital Fund 240,400 10,000 -230,400
OCO Subtotal....................
DW WCF--Supply Chain Management.. 89,964 60,600 -29,364
Excess Growth in OEF ........ -18,364 ...........
Disposition Operations......
Excess Growth in OEF ........ -2,000 ...........
Consolidated Shipping Costs.
Excess Growth in DLA ........ -9,000 ...........
Distributions in Kuwait for
OEF.........................
DW WCF--Energy Management........ 130,400 180,400 50,000
Restore Unexplained Reduction
to Fuel
Transportation and Terminal ........ 50,000 ...........
Operations..................
--------------------------------------
Defense Working Capital Fund OCO 220,364 241,000 20,636
Subtotal........................
======================================
Working Capital Fund Total....... 503,364 293,600 -209,764
------------------------------------------------------------------------
OTHER DEPARTMENT OF DEFENSE PROGRAMS
DEFENSE HEALTH PROGRAM
The Committee recommends an additional appropriation of
$993,898,000 for the Defense Health Program. The Committee's
recommendations for operation and maintenance, procurement and
research, development, test and evaluation are shown below:
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE
The Committee recommends an additional appropriation of
$469,025,000 for Drug Interdiction and Counter-Drug Activities.
The Committee's recommendations for the counter-drug account
are shown below:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
------------------------------------------------------------------------
Budget Committee Change from
request recommended request
------------------------------------------------------------------------
DRUG INTERDICTION AND COUNTER- 469,025 469,025 ...........
DRUG ACTIVITIES.................
------------------------------------------------------------------------
JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND
The Committee recommends an additional appropriation of
$1,614,900,000 for the Joint Improvised Explosive Device Defeat
Fund. The Committee's recommendations for the Joint Improvised
Explosive Device Defeat Fund are shown below:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Committee Change from
P-1 Budget request recommended request
----------------------------------------------------------------------------------------------------------------
1 ATTACK THE NETWORK................................... 950,500 925,000 -25,500
Program adjustment................................. -25,500
2 DEFEAT THE DEVICE.................................... 400,000 375,000 -25,000
Program adjustment................................. -25,000
3 TRAIN THE FORCE...................................... 149,500 144,500 -5,000
Program adjustment................................. -5,000
4 STAFF AND INFRASTRUCTURE............................. 175,400 170,400 -5,000
Program adjustment................................. -5,000
TOTAL, JOINT IED DEFEAT FUND................... 1,675,400 1,614,900 -60,500
----------------------------------------------------------------------------------------------------------------
JOINT URGENT OPERATIONAL NEEDS FUND
The Committee recommends no funding for the Joint Urgent
Operational Needs Fund.
OFFICE OF THE INSPECTOR GENERAL
The Committee recommends an additional appropriation of
$10,766,000 for the Office of the Inspector General.
GENERAL PROVISIONS
Title IX contains several general provisions, many of which
extend or modify war-related authorities included in previous
Acts. A brief description of the recommended provisions
follows:
Section 9001 has been amended and provides that funds made
available in this title are in addition to funds appropriated
or otherwise made available for the Department of Defense for
the current fiscal year.
Section 9002 has been amended and provides for general
transfer authority within title IX.
Section 9003 provides that supervision and administration
costs associated with a construction project funded with
appropriations available for operation and maintenance,
Afghanistan Infrastructure Fund or the Afghanistan Security
Forces Fund may be obligated at the time a construction
contract is awarded.
Section 9004 provides for the procurement of passenger
motor vehicles and heavy and light armored vehicles for use by
military and civilian employees of the Department of Defense in
the U.S. Central Command area.
Section 9005 has been amended and provides funding for the
Commander's Emergency Response Program, with certain
limitations.
Section 9006 provides lift and sustainment to coalition
forces supporting military and stability operations in
Afghanistan.
Section 9007 prohibits the establishment of permanent bases
in Iraq or Afghanistan or United States control over Iraq oil
resources.
Section 9008 prohibits the use of funding in contravention
of the United Nations Convention Against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment.
Section 9009 limits the obligation of funding for the
Afghanistan Security Forces Fund until certain conditions have
been met.
Section 9010 provides for the purchase of items of a
particular investment unit cost from funding made available for
operation and maintenance.
Section 9011 has been amended and provides funding for the
Task Force for Business and Stability Operations in
Afghanistan.
Section 9012 has been amended and provides funding for the
operations and activities of the Office of Security Cooperation
in Iraq and security assistance teams.
Section 9013 is a new provision stating that each amount
designated in this Act by Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to Section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act shall be available only if the President
subsequently so designates all such amounts and transmits such
designations to Congress.
Section 9014 has been amended and provides for the
rescission of $579,900,000 from the following programs:
2009 Appropriations:
General Provisions:
Retroactive Stop Loss Special Pay Program..... $79,900,000
2012 Appropriations:
Afghanistan Security Forces Fund:
Afghanistan Security Forces Fund.............. 500,000,000
Section 9015 is a new provision that restricts funds
provided under the heading Operation and Maintenance, Defense-
wide for payments under Coalition Support Funds for
reimbursement to the Government of Pakistan until certain
conditions are met.
TITLE X
Title X contains one new general provision. A brief
description of the recommended provision follows:
Section 10001 is a new provision stating that the
applicable allocation of new budget authority made by the
Committee on Appropriations does not exceed the amount of
proposed new budget authority.
HOUSE OF REPRESENTATIVES REPORTING REQUIREMENTS
The following items are included in accordance with various
requirements of the Rules of the House of Representatives:
CHANGES IN THE APPLICATION OF EXISTING LAW
Pursuant to clause 3(f)(1) of rule XIII of the Rules of the
House of Representatives, the following statements are
submitted describing the effect of provisions in the
accompanying bill which directly or indirectly change the
application of existing law.
Language is included in various parts of the bill to
continue ongoing activities which require annual authorization
or additional legislation, which to date has not been enacted.
The bill includes a number of provisions which place
limitations on the use of funds in the bill or change existing
limitations and which might, under some circumstances, be
construed as changing the application of law.
The bill includes a number of provisions, which have been
virtually unchanged for many years that are technically
considered legislation.
The bill provides that appropriations shall remain
available for more than one year for some programs for which
the basic authorizing legislation does not presently authorize
each extended availability.
In various places in the bill, the Committee has allocated
funds within appropriation accounts in order to fund specific
programs.
Changes in the application of existing law found within
appropriations headings:
Language is included in various accounts placing a
limitation on funds for emergencies and extraordinary expenses.
Language is included that provides not more than
$30,000,000 for the Combatant Commander Initiative Fund.
Language is included that provides not more than
$36,000,000 for emergencies and extraordinary expenses.
Language is included that provides not less than
$35,897,000 for the Procurement Technical Assistance
Cooperative Agreement Program, of which not less than
$3,600,000 shall be available for centers.
Language is included that makes available $8,563,000 for
certain classified activities and allows such funds to be
transferred between certain accounts.
Language is included that provides that any transfer
authority provided under the heading ``Operation and
Maintenance, Defense-Wide'' shall be in addition to any other
transfer authority provided in this Act.
Language is included under the various Environmental
Restoration accounts that provides that the Service Secretaries
may transfer such funds for the purposes of the funds provided
under such appropriations headings.
Language is included that provides for specific
construction, acquisition, or conversion of vessels under the
heading ``Shipbuilding and Conversion, Navy''.
Language is included under the heading ``National Guard and
Reserve Equipment'' requiring submission of a priority
modernization assessment and placing a limitation on the use of
research, development, test and evaluation funds for certain
activities.
Language is included under the heading ``Research,
Development, Test and Evaluation, Navy'' that provides funds
for certain activities.
Language is included under the heading ``Research,
Development, Test and Evaluation, Defense-Wide'' that provides
$250,000,000 for the Defense Rapid Innovation Program and
provides for the transfer of funds.
Language is included that provides for the transfer of
funds within the ``National Defense Sealift Fund''.
Language is included that prohibits the use of funds
provided under ``National Defense Sealift Fund'' to award new
contracts that provide for the acquisition of major components
unless such components are made in the United States.
Language is included that provides that the exercise of an
option in a contract award through the obligation of previously
appropriated funds shall not be considered to be the award of a
new contract.
Language is included that provides waiver authority of the
Buy America provisions under ``National Defense Sealift Fund''
under certain circumstances.
Language is included that provides that not less than
$8,000,000 of funds provided under ``Defense Health Program''
shall be available for HIV/AIDS prevention education
activities.
Language is included that provides for the carry-over of
one percent of the Operation and Maintenance account under the
``Defense Health Program''.
Language is included that limits obligation of funds
provided under the ``Defense Health Program'' for the
integrated Department of Defense-Department of Veterans Affairs
integrated health record pending submission of a report.
Language is included that provides for the transfer of
funds under ``Drug Interdiction and Counter-Drug Activities''.
Such transfer authority shall be in addition to other transfer
authority provided elsewhere in the Act.
Language is included that allows the Director of the Joint
Improvised Explosive Defeat Organization to undertake certain
activities.
Language is included that requires that within 60 days of
enactment of this Act, a plan for the intended management and
use of the Joint Improvised Explosive Defeat Fund is to be
provided to the congressional defense committees.
Language is included that requires the Secretary of Defense
to submit a report to the congressional defense committees
providing assessments of the evolving threats, service
requirements to counter threats, pre-deployment training
strategy, and funds execution of the Joint Improvised Explosive
Defeat Fund.
Language is included under the Joint Improvised Explosive
Defeat Fund to transfer funds. Such transfer authority shall be
in addition to other transfer authority provided elsewhere in
the Act.
Language is included that provides that no funds made
available in this Act may be used for publicity or propaganda
purposes not authorized by Congress.
Language is included that provides for conditions and
limitations on the payment of compensation to, or employment
of, foreign nationals.
Language is included that provides that no funds made
available in this Act may be obligated beyond the end of the
fiscal year unless express provision for a greater period of
availability is provided elsewhere in this Act.
Language is included that provides a 20 percent limitation
on the obligation of funds provided in this Act during the last
two months of the fiscal year.
Language is included that provides for general transfer
authority.
Language is included that provides for incorporation of
project level tables.
Language is included that provides for the establishment of
a baseline for application of reprogramming and transfer
authorities for fiscal year 2013 and prohibits certain
reprogrammings until after submission of a report.
Language is included that provides for limitations on the
use and transfer authority of working capital fund cash
balances.
Language is included that provides that none of the funds
appropriated in this Act may be used to initiate a special
access program without prior notification to the congressional
defense committees.
Language is included that provides limitations and
conditions on the use of funds made available in this Act to
initiate multi-year contracts.
Language is included that provides for the use and
obligation of funds for humanitarian and civic assistance costs
under Chapter 20 of title 10, United States Code.
Language is included that provides that civilian personnel
of the Department may not be managed on the basis of end
strength or be subject to end strength limitations.
Language is included that prohibits funds made available in
this Act from being used to influence congressional action on
any matters pending before the Congress.
Language is included that prohibits compensation from being
paid to any member of the Army who is participating as a full-
time student and who receives benefits from the Education
Benefits Fund when time spent as a full-time student is counted
toward that member's service commitment.
Language is included that provides for the transfer of
funds appropriated in title III of this Act for the Department
of Defense Pilot Mentor-Protege Program.
Language is included that provides for the Department of
Defense to purchase anchor and mooring chains manufactured only
in the United States.
Language is included that prohibits funds made available to
the Department of Defense from being used to demilitarize or
dispose of surplus firearms.
Language is included that provides a limitation on funds
being used for the relocation of any Department of Defense
entity into or within the National Capital Region.
Language is included that provides for incentive payments
authorized by section 504 of the Indian Financing Act of 1974
(25 U.S.C. 1544).
Language is included that provides that no funds made
available in this Act for the Defense Media Activity may be
used for national or international political or psychological
activities.
Language is included that provides for the obligation of
funds for purposes specified in section 2350j(c) of title 10,
United States Code.
Language is included that provides funding for the Civil
Air Patrol Corporation.
Language is included that provides for the number of staff
years of technical effort that may be funded for defense
Federally Funded Research and Development Centers.
Language is included that provides for the Department of
Defense to procure carbon, alloy, or armor steel plate melted
and rolled only in the United States and Canada.
Language is included that defines congressional defense
committees as being the Armed Services Committees and the
Subcommittees on Defense of the Committees on Appropriations of
the House and Senate.
Language is included that provides for competitions between
private firms and Department of Defense Depot Maintenance
Activities for modification, depot maintenance, and repair of
aircraft, vehicles, and vessels, as well as the production of
components and other Defense-related articles.
Language is included that provides for revocation of
blanket waivers of the Buy America Act upon a finding that a
country has violated a reciprocal trade agreement by
discriminating against products produced in the United States
that are covered by the agreement.
Language is included that provides for the availability of
funds for purposes specified in section 2921(c)(2) of the 1991
National Defense Authorization Act, namely facility maintenance
and repair and environmental restoration at military
installations in the United States.
Language is included that provides for the conveyance,
without consideration, of relocatable housing units located at
Grand Forks, Malmstrom, Mountain Home, Ellsworth, and Minot Air
Force Bases to Indian Tribes that are excess to Air Force
needs.
Language is included that provides authority to use
operation and maintenance appropriations to purchase items
having an investment item unit cost of not more than $250,000.
Language is included that prohibits the purchase of
specified investment items within Working Capital Fund.
Language is included that provides that none of the funds
appropriated for the Central Intelligence Agency shall remain
available for obligation beyond the current fiscal year except
for funds appropriated for the Reserve for Contingencies, the
Working Capital Fund, or other certain programs authorized
under section 503 of the National Security Act.
Language is included that provides that funds available for
the Defense Intelligence Agency may be used for intelligence
communications and intelligence information systems for the
Services, the Unified and Specified Commands, and the component
commands.
Language is included that provides that not less than
$12,000,000 within ``Operation and Maintenance, Defense-Wide''
shall be for mitigation of environmental impacts on Indian
lands.
Language is included that provides for the Department of
Defense to comply with the Buy American Act (chapter 83 of
title 41, United States Code).
Language is included that provides conditions under which
contracts for studies, analyses, or consulting services may be
entered into without competition on the basis of an unsolicited
proposal.
Language is included that provides for the limitations of
funds made available in this Act to establish Field Operating
Agencies.
Language is included that provides grant authorities for
the Department of Defense acting through the Office of Economic
Adjustment.
Language is included that provides for the limitations on
the conversion of an activity or function of the Department of
Defense to contractor performance.
Language is included that provides for the rescission of
previously appropriated funds.
Language is included that prohibits funds made available in
this Act from being used to reduce authorized positions for
military technicians (dual status) of the Army National Guard,
Air National Guard, Army Reserve, and Air Force Reserve unless
such reductions are a direct result of a reduction in military
force structure.
Language is included that provides that none of the funds
made available in this Act may be obligated or expended for
assistance to the Democratic People's Republic of Korea unless
appropriated for that purpose.
Language is included that provides for reimbursement to the
National Guard and reserve when members of the National Guard
and reserve provide intelligence or counterintelligence support
to the Combatant Commands, Defense Agencies, and Joint
Intelligence Activities.
Language is included that prohibits funds made available in
this Act from being used to reduce civilian medical and medical
support personnel assigned to military treatment facilities
below the September 30, 2003, level unless the Service Surgeons
General certify to the congressional defense committees that it
is a responsible stewardship of resources to do so.
Language is included that provides that Defense and Central
Intelligence Agencies' drug interdiction and counter-drug
activity funds may not be transferred to other agencies unless
specifically provided in an appropriations law.
Language is included that prohibits the use of funds
appropriated by this Act for the procurement of ball and roller
bearings other than those produced by a domestic source and of
domestic origin.
Language is included that provides for the Department of
Defense to purchase supercomputers manufactured only in the
United States unless the Secretary certifies such acquisition
must be made for national security purposes.
Language is included that prohibits the use of funds made
available in this or any other Act to transfer administrative
responsibilities or budgetary resources of any program,
project, or activity financed by this Act to the jurisdiction
of another Federal agency not financed by this Act without
expressed authorization of the Congress.
Language is included that provides for prior Congressional
notification of article transfers to international peacekeeping
organizations.
Language is included that prohibits the use of funds made
available in this Act for contractor bonuses from being paid
due to business restructuring.
Language is included that provides for the transfer of
funds to be used to support personnel supporting approved non-
traditional defense activities.
Language is included that provides for the Department of
Defense to dispose of negative unliquidated or unexpended
balances for expired or closed accounts.
Language is included that provides conditions for the use
of equipment of the National Guard Distance Learning Project on
a space-available, reimbursable basis.
Language is included that provides for the availability of
funds provided by this Act to implement cost-effective
agreements for required heating facility modernization in the
Kaiserslautern Military Community, Germany.
Language is included that provides for the limitation on
the use of funds appropriated in title IV to procure end-items
for delivery to military forces for operational training,
operational use, or inventory requirements.
Language is included that provides for a waiver of the
``Buy America'' provisions for certain cooperative programs.
Language is included that prohibits the use of funds made
available in this Act to support the training of members of
foreign security forces who have engaged in gross violations of
human rights.
Language is included that prohibits the use of funds made
available in this Act for repairs or maintenance to military
family housing units.
Language is included that provides obligation authority for
new starts for advanced concept technology demonstration
projects only after notification to the congressional defense
committees.
Language is included that provides that the Secretary of
Defense shall provide a classified quarterly report on certain
matters as directed in the classified annex accompanying this
Act.
Language is included that prohibits the use of funds made
available to the Department of Defense to provide support to an
agency that is more than 90 days in arrears in making payments
to the Department of Defense for goods or services provided on
a reimbursable basis.
Language is included that provides for the use of National
Guard personnel to support ground-based elements of the
National Ballistic Missile Defense System.
Language is included that prohibits the use of funds made
available in this Act to transfer to any nongovernmental entity
ammunition held by the Department of Defense that has a center-
fire cartridge and is designated as ``armor piercing'' except
for demilitarization purposes.
Language is included that provides for a waiver by the
Chief, National Guard Bureau or his designee for all or part of
consideration in cases of personal property leases of less than
one year.
Language is included that prohibits funds made available in
this Act from being used to purchase alcoholic beverages.
Language is included that provides for the transfer of
funds made available in this Act under ``Operation and
Maintenance, Army'' to other activities of the Federal
Government for classified purposes.
Language is included that provides for the forced matching
of disbursement and obligations made by the Department of
Defense in fiscal year 2013.
Language is included that provides grant authority for the
construction and furnishing of additional Fisher Houses to meet
the needs of military family members when confronted with the
illness or hospitalization of an eligible military beneficiary.
Language is included that provides funding and transfer
authority for the Israeli Cooperative missile defense programs.
Language is included that prohibits the use of funds made
available in this Act to be obligated to modify the command and
control relationship to give the Fleet Forces Command
administration and operations control of U.S. Naval Forces
assigned to the Pacific Fleet.
Language is included that provides for the transfer of
funds to properly complete prior year shipbuilding programs.
Language is included that provides that funds made
available in this Act are deemed to be specifically authorized
by Congress for purposes of section 504 of the National
Security Act of 1947.
Language is included that prohibits the use of funds made
available in this Act to initiate a new start program without
prior written notification.
Language is included that provides that the budget of the
President for fiscal year 2014 shall include separate budget
justification documents for costs of the United States Armed
Forces' participation in contingency operations that contain
certain budget exhibits as defined in the Department of Defense
Financial Management Regulation.
Language is included that prohibits funds made available in
this Act from being used for the research, development, test,
evaluation, procurement, or deployment of nuclear armed
interceptors of a missile defense system.
Language is included that provides the Secretary of Defense
discretionary authority to make grants to the United Service
Organizations and the Red Cross if he determines it to be in
the national interest.
Language is included that prohibits funds made available in
this Act from being used to reduce or disestablish the
operation of the 53rd Weather Reconnaissance Squadron of the
Air Force Reserve.
Language is included that prohibits funds made available in
this Act from being used for the integration of foreign
intelligence information unless the information has been
lawfully collected and processed during conduct of authorized
foreign intelligence activities.
Language is included that provides that at the time members
of reserve components of the Armed Forces are called or ordered
to active duty, each member shall be notified in writing of the
expected period during which the member will be mobilized.
Language is included that provides that the Secretary of
Defense may transfer funds from any available Department of the
Navy appropriation to any available Navy ship construction
appropriation to liquidate costs caused by rate adjustments or
other economic factors.
Language is included that provides for the use of current
and expired ``Shipbuilding and Conversion, Navy'' subdivisions
to reimburse the Judgment Fund.
Language is included that prohibits the transfer of program
authorities related to tactical unmanned aerial vehicles from
the Army.
Language is included that provides funding and authority
for the Asia Pacific Regional Initiative program.
Language is included that limits the obligation authority
of funds provided for the Director of National Intelligence to
the current fiscal year except for research and technology
which shall remain available for the current and the following
fiscal years.
Language is included that provides for the adjustment of
obligations within the ``Shipbuilding and Conversion, Navy''
appropriation.
Language is included that provides that the Director of
National Intelligence shall include certain budget exhibits
with the congressional budget justification books.
Language is included that prohibits transfers of funds
until the Director of National Intelligence submits a baseline
for application of reprogramming and transfer authorities.
Language is included that sets forth reprogramming and
transfer procedures for the National Intelligence Program.
Language is included that provides that the Director of
National Intelligence shall provide budget exhibits identifying
the five year future-years intelligence program.
Language is included that defines the congressional
intelligence committees.
Language is included that directs the Department of Defense
to report on the Cost of War Execution Report on a monthly
basis.
Language is included that provides that funds may be used
for the Defense Acquisition Workforce Development Fund.
Language is included that provides that agencies post
congressionally directed reports on a public website.
Language is included that provides limitations on the award
of contracts to contractors that require mandatory arbitration
for certain claims as a condition of employment or a
contractual relationship. The Secretary is authorized to waive
the applicability of these limitations for national security
interests.
Language is included that provides funds and transfer
authority for the Joint Department of Defense-Department of
Veterans Affairs Medical Facility Demonstration Fund.
Language is included that provides a limitation on the
number of senior executives employed by the Office of the
Director of National Intelligence.
Language is included that provides a limitation on certain
senior mentors unless such mentors make certain financial
disclosures.
Language is included that provides authority to purchase
heavy and light armored vehicles notwithstanding price or other
limitations on the purchase of passenger carrying vehicles.
Language is included that provides availability of funds
appropriated under ``Operation and Maintenance, Defense-Wide''
for activities related to the military buildup of Guam.
Language is included that places limitations on the number
of parking spaces provided by the BRAC 133 project, with
certain waiver authorities.
Language is included that requires the Secretary of Defense
to provide monthly reports on civilian personnel end strength.
Language is included that provides transfer authority for
the Director of National Intelligence for the National
Intelligence Program.
Language is included that provides funding for
construction, renovation, repair, and expansion of public
schools on military installations.
Language is included that prohibits funds to transfer or
release certain individuals detained at Guantanamo Bay, Cuba
into the United States, its territories, or possessions.
Language is included that places limitations on the
transfer or release of certain individuals detained at
Guantanamo Bay, Cuba to the custody or control of a foreign
country unless certain certifications are provided.
Language is included that prohibits funds to construct,
acquire, or modify any facility in the United States, its
territories, or possessions to house individuals detained at
Guantanamo Bay, Cuba.
Language is included that places limitations on the
provision of funds to any corporation with an unpaid Federal
tax liability.
Language is included that places limitations on the
provision of funds to any corporation convicted of a felony
criminal violation within the preceding 24 months.
Language is included that directs the Secretary of the Air
Force to obligate and expend funds previously appropriated for
the purposes for which such funds were originally provided.
Language is included that places limitations and
requirements on the use of funds for reimbursements to key
cooperating nations for logistical, military, and other
support.
Language is included that provides funds and transfer
authority for overseas contingency operations.
Language is included that provides authority for
infrastructure projects in Afghanistan subject to certain
conditions and reporting requirements.
Language is included that provides authority for the
provision of assistance to Afghanistan Security Forces subject
to certain notification requirements.
Language is included that provides for supervision and
administration costs associated with overseas contingency
operations.
Language is included that provides authority to purchase
passenger, heavy, and light armored vehicles notwithstanding
price or other limitations on the purchase of passenger
carrying vehicles for use in the U.S. Central Command area of
responsibility.
Language is included that provides funds and authority for
the Commander's Emergency Response Program and establishes
certain reporting requirements.
Language is included that authorizes the use of funds to
provide certain assistance to coalition forces supporting
military and stability operations in Afghanistan and
establishes certain reporting requirements.
Language is included that places limitations on the use of
Afghanistan Security Forces Funds and requires certain
certifications.
Language is included that authorizes up to $88,000,000
under the heading ``Operation and Maintenance, Army'' for the
Task Force for Business and Stability Operations in
Afghanistan, subject to certain reporting requirements.
Language is included that authorizes up to $508,000,000
under the heading ``Operation and Maintenance, Air Force'' for
the Office of Security Cooperation in Iraq and security
assistance teams, subject to written notice requirements.
Language is included that places limitations on the use of
Coalition Support Funds for the Government of Pakistan.
TRANSFER OF FUNDS
Pursuant to clause 3(f)(2) of rule XIII of the Rules of the
House of Representatives, the following is submitted describing
the transfer of funds provided in the accompanying bill.
Language has been included under ``Operation and
Maintenance, Defense-Wide'' which provides for the transfer of
funds for certain classified activities.
Language has been included under ``Environmental
Restoration, Army'' which provides for the transfer of funds
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris, or for
similar purposes.
Language has been included under ``Environmental
Restoration, Navy'' which provides for the transfer of funds
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris, or for
similar purposes.
Language has been included under ``Environmental
Restoration, Air Force'' which provides for the transfer of
funds for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris, or for
similar purposes.
Language has been included under ``Environmental
Restoration, Defense-Wide'' which provides for the transfer of
funds for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris, or for
similar purposes.
Language has been included under ``Environmental
Restoration, Formerly Used Defense Sites'' which provides for
the transfer of funds for environmental restoration, reduction
and recycling of hazardous waste, removal of unsafe buildings
and debris, or for similar purposes.
Language has been included under ``Research, Development,
Test and Evaluation, Defense Wide'' which provides for the
transfer of funds for the Defense Rapid Innovation Program to
appropriations for research, development, test and evaluation.
Language has been included under ``Drug Interdiction and
Counter-Drug Activities, Defense'' which provides for the
transfer of funds to appropriations available to the Department
of Defense for military personnel of the reserve components;
operation and maintenance; procurement; and research,
development, test and evaluation.
Language has been included under ``Joint Improvised
Explosive Device Defeat Fund'' which provides for the transfer
of funds to appropriations for operation and maintenance;
procurement; research, development, test and evaluation; and
defense working capital funds to assist United States forces in
the defeat of improvised explosive devices.
Language has been included under ``General Provisions, Sec.
8005'' which provides for the transfer of working capital funds
to other appropriations accounts of the Department of Defense
for military functions.
Language has been included under ``General Provisions, Sec.
8008'' which provides for the transfer of funds between working
capital funds and the ``Foreign Currency Fluctuations,
Defense'' appropriations and the ``Operation and Maintenance''
appropriation accounts.
Language has been included under ``General Provisions, Sec.
8015'' which provides for the transfer of funds from the
Department of Defense Pilot Mentor-Protege Program to any other
appropriation for the purposes of implementing a Mentor-Protege
Program development assistance agreement.
Language has been included under ``General Provisions, Sec.
8051'' which provides for the transfer of funds from
``Operation and Maintenance, Defense-Wide'' to appropriations
available for the pay of military personnel in connection with
support and services of eligible organizations and activities
outside the Department of Defense.
Language has been included under ``General Provisions, Sec.
8066'' which provides for the transfer of funds from
``Operation and Maintenance, Army'' to other activities of the
federal government.
Language has been included under ``General Provisions, Sec.
8069'' which provides for the transfer of funds from
``Research, Development, Test and Evaluation, Defense-Wide''
for the Israeli Cooperative Programs.
Language has been included under ``General Provisions, Sec.
8071'' which provides for the transfer of funds within
``Shipbuilding and Conversion, Navy'' to fund prior year
shipbuilding cost increases.
Language has been included under ``General Provisions, Sec.
8080'' which provides for the transfer of funds to available
Navy ship construction appropriations for the purpose of
liquidating liabilities resulting from inflation, market
fluctuations, or rate adjustments.
Language has been included under ``General Provisions, Sec.
8093'' which provides for the transfer of funds from
``Operation and Maintenance, Army'', ``Operation and
Maintenance, Navy'', and ``Operation and Maintenance, Air
Force'' to the central fund established for Fisher Houses and
Suites.
Language has been included under ``General Provisions, Sec.
8094'' which provides that funds appropriated for operation and
maintenance may be available for the purpose of making
remittances to the Defense Acquisition Workforce Development
Fund.
Language has been included under ``General Provisions, Sec.
8098'' which provides for the transfer of funds to the Joint
Department of Defense--Department of Veterans Affairs Medical
Facility Demonstration Fund.
Language has been included under ``General Provisions, Sec.
8106'' which provides for the transfer of funds for the
National Intelligence Program.
Language has been included under ``General Provisions, Sec.
8107'' which provides for the transfer of funds from
``Operation and Maintenance, Defense-Wide'' to the Secretary of
Education to construct, renovate, repair, or expand elementary
and secondary public schools on military installations to
address capacity or facility condition deficiencies.
Language has been included under title IX ``Operation and
Maintenance, Navy'' which provides for the transfer of funds to
the Coast Guard ``Operating Expenses'' account.
Language has been included under title IX ``Overseas
Contingency Operations Transfer Fund'' which provides for the
transfer of funds to military personnel; operation and
maintenance; procurement; and working capital fund accounts for
expenses directly related to overseas contingency operations.
Language has been included under title IX ``Afghanistan
Infrastructure Fund'' which provides for the transfer of funds
to the Department of State for purposes of undertaking
infrastructure projects in Afghanistan.
Language has been included under title IX ``Joint
Improvised Explosive Device Defeat Fund'' which provides for
the transfer of funds to appropriations for military personnel;
operation and maintenance; procurement; research, development,
test and evaluation; and defense working capital funds to
assist United States forces in the defeat of improvised
explosive devices.
Language has been included under ``General Provisions, Sec.
9002'' which provides for the authority to transfer funds in
title IX subject to certain conditions.
RESCISSIONS
Pursuant to clause 3(f)(2) of rule XIII of the Rules of the
House of Representatives, the following table is submitted
describing the rescissions recommended in the accompanying
bill:
General Provisions, 2009................................ $79,900,000
Procurement of Ammunition, Army, 2011/2013.............. 14,862,000
Aircraft Procurement, Navy, 2011/2013................... 30,100,000
Weapons Procurement, Navy, 2011/2013.................... 22,000,000
Other Procurement, Navy, 2011/2013...................... 12,432,000
Aircraft Procurement, Air Force, 2011/2013.............. 65,000,000
Other Procurement, Air Force, 2011/2013................. 9,500,000
Afghanistan Security Forces Funds, 2012................. 500,000,000
Other Procurement, Army, 2012/2014...................... 80,000,000
Aircraft Procurement, Navy, 2012/2014................... 14,400,000
Weapons Procurement, Navy, 2012/2014.................... 31,572,000
Aircraft Procurement, Air Force, 2012/2014.............. 277,050,000
Missile Procurement, Air Force, 2012/2014............... 44,000,000
Other Procurement, Air Force, 2012/2014................. 55,800,000
Research, Development, Test and Evaluation, Army, 2012/
2013................................................ 63,000,000
Research, Development, Test and Evaluation, Navy, 2012/
2013................................................ 120,000,000
Research, Development, Test and Evaluation, Air Force,
2012/2013........................................... 179,600,000
TRANSFER OF UNEXPENDED BALANCES
Pursuant to clause 3(f)(2) of rule XIII of the Rules of the
House of Representatives, the bill contains a general provision
which allows for the transfer of unexpended balances from the
Operation and Maintenance and Military Personnel accounts to
the ``Foreign Currency Fluctuation, Defense'' account to
address shortfalls due to foreign currency fluctuation.
STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES
Pursuant to clause 3(c)(4) of rule XIII of the Rules of the
House of Representatives, the following is a statement of
general performance goals and objectives for which this measure
authorizes funding:
The Committee on Appropriations considers program
performance, including a program's success in developing and
attaining outcome-related goals and objectives, in developing
funding recommendations.
CONSTITUTIONAL AUTHORITY
Pursuant to Section 6(e) of the rules of the Committee on
Appropriations of the House of Representatives, the following
statement is submitted regarding the specific powers granted to
the Congress in the Constitution to enact the accompanying bill
or joint resolution.
The principal constitutional authority for this legislation
is clause 7 of section 9 of article I of the Constitution of
the United States (the appropriation power), which states: ``No
Money shall be drawn from the Treasury, but in Consequence of
Appropriations made by Law . . . .'' In addition, clause 1
of section 8 of article I of the Constitution (the spending
power) provides: ``The Congress shall have the Power ... to pay
the Debts and provide for the common Defence and general
Welfare of the United States ....'' Together, these specific
constitutional provisions establish the congressional power of
the purse, granting the Congress the authority to appropriate
funds, to determine their purpose, amount, and period of
availability, and to set forth terms and conditions governing
their use.
COMPLIANCE WITH RULE XIII, CL. 3(E) (RAMSEYER RULE)
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, the Committee notes that the
accompanying bill does not propose to repeal or amend a statute
or part thereof.
EARMARK DISCLOSURE STATEMENT
Neither the bill nor the report contains any congressional
earmarks, limited tax benefits, or limited tariff benefits as
defined in Clause 9 of Rule XXI.
COMPARISON WITH THE BUDGET RESOLUTION
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives requires an explanation of compliance with
section 308(a)(1)(A) of the Congressional Budget and
Impoundment Control Act of 1974 (Public Law 93-344), as
amended, which requires that the report accompanying a bill
providing new budget authority contain a statement detailing
how that authority compares with the reports submitted under
section 302 of the Act for the most recently agreed to
concurrent resolution on the budget for the fiscal year from
the Committee's section 302(a) allocation. This information
follows:
----------------------------------------------------------------------------------------------------------------
302(b) allocation This bill
---------------------------------------------------
Budget Budget
authority Outlays authority Outlays
----------------------------------------------------------------------------------------------------------------
Comparison of amounts in the bill with Committee allocations
to its subcommittees of amounts in the Budget Resolution
for 2013: Subcommittee on Defense
Discretionary:
General Purpose..................................... 519,220 573,770 519,219 \1\573,770
Overseas Contingency Operations\2\.................. 88,480 48,420 88,480 48,420
Mandatory............................................... 514 514 514 514
----------------------------------------------------------------------------------------------------------------
\1\Includes outlays from prior-year budget authority.
\2\Overseas Contingency Operations/Global War on Terrorism.
FIVE-YEAR OUTLAY PROJECTIONS
In compliance with section 308(a)(1)(B) of the
Congressional Budget and Impoundment Control Act of 1974
(Public Law 93-344), as amended, the following table contains
five-year projections associated with the budget authority
provided in the accompanying bill.
[In millions of dollars]
------------------------------------------------------------------------
Non-OCO OCO
------------------------------------------------------------------------
Projection of outlays associated with the
recommendation:
2013...................................... \1\335,170 \1\48,420
2014...................................... 111,768 27,481
2015...................................... 39,306 8,593
2016...................................... 16,872 2,571
2017 and future years.................... 12,235 859
------------------------------------------------------------------------
\1\Excludes outlays from prior-year budget authority.
Note: OCO is Overseas Contingency Operations/Global War on Terrorism.
FINANCIAL ASSISTANCE TO STATE AND LOCAL GOVERNMENTS
In accordance with section 308(a)(1)(C) of the
Congressional Budget and Impoundment Act of 1974 (Public Law
93-344), as amended, no new budget or outlays are provided by
the accompanying bill for financial assistance to State and
local governments.
FULL COMMITTEE VOTES
Pursuant to the provisions of clause 3(b) of rule XIII of
the House of Representatives, the results of each roll call on
an amendment or on the motion to report, together with the
names of those voting for and those voting against, are printed
below:
No record votes were ordered during consideration of the
bill in Committee.
ADDITIONAL VIEWS
FY 2013 DEPARTMENT OF DEFENSE APPROPRIATIONS BILL
In this bill, the Committee has carried out its
Constitutional responsibilities to recommend the appropriations
necessary to provide for the common defense, and I am pleased
to say that this work was accomplished on a bipartisan and
collegial basis in the Committee's longstanding tradition. The
funding and priorities set in this bill are of vital importance
to the quality of life, force structure and readiness, and
investments for our Armed Forces.
The bill addresses the needs of our men and women in
uniform as well as their dependents. The bill fully funds
military pay and the Defense Health program. Also, for the
third consecutive year, the bill includes funding to improve
the condition and capacity of schools, owned and operated by
local educational authorities or the US Department of
Education, that are located on military installations.
Throughout the Department of Defense, there are nearly 150 such
schools supporting a student population of 42,000. The bill
includes $270,000,000, $220,000,000 above the request, to
replace inadequate schools. In addition, the bill includes
$40,000,000 above the request for Impact Aid funding. Both of
these measures are essential to support the school-aged
children of US Service members.
The bill pauses major changes to National Guard and Reserve
Force Structure. In the budget request, DoD proposes
significant reductions and rebalances force structure and
missions between the Active and Reserve components.
Particularly in the Air Force, the FY 2013 budget reflects
decisions to divest aircraft and re-mission units in a way that
disproportionately affects the National Guard and Reserve. In
total the budget proposes retiring 200 aircraft in FY 2013 and
nearly 300 aircraft over the Future Years Defense Program
(FYDP), most of which would come from National Guard and
Reserve force structure. The Committee recognizes many problems
that may arise from this imbalance and has appropriately
included funding to provide the opportunity needed to more
carefully establish an appropriate balance.
This Committee conducted a thorough review of the costs and
benefits of changes to major acquisition programs proposed by
the Department. For example, the Committee bill reconsiders the
DoD proposal to cancel the Global Hawk Block 30 program. The
DoD analysis in the FY 2013 budget request represents a
dramatic reversal of the conclusions reported in the June 2011
Nunn-McCurdy certification. Accordingly, the Committee provided
the resources and direction to continue the program and
consider its interaction with and relationship to other
acquisition efforts.
Similarly, the Committee reconsidered a number of the
proposals in the FY 2013 budget request regarding ground forces
and Naval aviation. For the second consecutive year, the
Committee has considered a budget proposal allowing tank
production to cease only to be restarted in FY 2017. The
Committee believes that the economic case for this course of
action is debatable, and also finds that continued production
in the near term will bring the Army closer to a common
equipment fleet across Active and National Guard forces. The
Committee has made similar recommendations regarding the
Bradley Fighting Vehicle and M88 recovery vehicle. In both
cases, additional production will significantly upgrade the
Army's vehicle fleet and preserve the industrial capacity
required to produce the next generation of combat vehicles.
The Committee also considered the Navy's proposal to bridge
the attack fighter gap by means of service life extension
versus new production of F/A-18E/F Hornet aircraft. In the
Committee's view, the cost difference between service life
extension and new aircraft, compared to the dramatic increase
in the number of flight hours provided by new aircraft, clearly
warrants new production.
The Committee evaluated the investment accounts from the
standpoint of DoD strategy as well. Prior to releasing the FY
2013 budget request, the Defense Department announced a
strategic review that would that would shape forces and inform
budget preparation for years to come. An important feature of
this strategy is an increased emphasis on the Asia-Pacific
region. To better support this strategy, the Committee placed a
high priority on shipbuilding programs including the Virginia
Class submarine, DDG 51 Destroyer and the existing Cruiser
fleet. Committee recommendations in these areas will strengthen
Naval forces and help realize the emerging defense strategy.
The Committee also continued its support of advanced
technology development and support for small business
innovation. In this bill the Committee provided $250,000,000
for the Defense Rapid Innovation Program. This bill represents
the 3rd year of Congressional support for this initiative,
begun by this Committee. The Committee understands that DoD has
received over 3,500 proposals primarily from small businesses,
and will award funding on a competitive basis to stimulate
innovative technology, reduce the lifecycle costs of weapons
systems, and address various technical risks confronting the
Defense Department.
As the Committee works toward completing the FY 2013 bill,
and as we assess national security risks now and in the future,
I believe there are threats that require fresh thinking and new
approaches. Perhaps the area of greatest concern is cyber
defense. There is consensus among government agencies that the
newest official domain to be defended against enemies, foreign
and domestic, is cyberspace. However, there seems to be
confusion when determining requirements for this mission, in
terms of budgets, weapons, and personnel. The attacks on
Department of Defense networks have been widely reported. This
is evident by the fact that foreign actors probe our military's
networks daily. Our industrial partners, whose products are
vital to our military dominance, are also victims of cyber
attacks in the form of industrial espionage and they have lost
billions as a result. Although DoD has responded to the threat
against the ``dot mil'' domain by establishing Cyber Command,
and the successful Defense Industrial Base Pilot Program,
significant concerns remain. The effectiveness of our defenses
in the ``dot mil'' domain are called into question due to the
scarcity of qualified personnel with technological and
mathematical backgrounds; the lack of confidence in the
integrity of the cloud storage architecture; and, the question
of what protections DoD is able to achieve for the funding
invested. Cyber, in all its forms, will continue to be one of
the highest security priorities, but without a clear strategy
and a transparent accounting of resources, questions and
concerns will remain about our effectiveness in determining
what is needed to defend our networks.
In addition, I continue to believe that reducing our
presence in Afghanistan is vital to enhancing our security. Our
nation has paid a dear price for more than a decade of war--
more than 1,800 of our service personnel have given their lives
in this theater of war, and prosecuting the war has taken
hundreds of billions from our Nation's treasury. Indeed the
financial demand of extended conflict is a chief contributor to
our current debt crisis.
The United States, our allies and Afghanistan stand at the
threshold of significant changes in this conflict. On May 1,
2012, President Obama and President Karzai signed the Strategic
Partnership Agreement, which advances beyond the 2010 Lisbon
Accord, and further defines the transition to Afghan control of
their own security. According to the Administration, the
agreement will detail how the partnership between the United
States and Afghanistan will be normalized as we look beyond a
responsible end to the war. The Strategic Partnership Agreement
comes on the heels of two important memoranda of understanding
that were negotiated and signed by Ambassador Crocker and his
counterpart, and General Allen and his counterpart, over the
course of March and April 2012--one on detention operations and
the other on night operations or special operations. Both are
designed to put Afghans in the lead on those two crucial
issues.
However, the Strategic Partnership Agreement does not
define the United States' potential troop levels in the future.
Similarly, the Agreement does not suggest specific funding
levels, yet it commits the United States to seek funding to
support the training, equipping, advising and sustaining of
Afghan National Security Forces, as well as for social and
economic assistance. Left to its own resources, the Afghans
could likely afford about 30,000 soldiers and police officers,
a force only one-tenth the size of the current security force.
Most recently, at the NATO conference convened in Chicago
on May 20, 2012, the Administration and NATO leaders have
stated that the coalition fighting in Afghanistan will remain
whole despite the plans of some nations to withdraw troops as
early as 2012. Indeed, it is widely reported that some NATO
troops, led by the United States, will likely stay behind after
2014 both to train Afghans and act as a hedge against the
Taliban's return. The summit will try to clarify some of these
details.
Despite the recent diplomatic activities, the details that
will ultimately define the continuing US commitment in
Afghanistan will not be worked out until the US negotiates a
bilateral security agreement with Afghanistan. The Strategic
Partnership Agreement noted above commits the United States and
Afghanistan to initiate negotiations on such an agreement to
supersede the current status of forces agreement.
The combination of a global economic crisis, public fatigue
from more than a decade of conflict, and severe financial
pressure domestically within the US clearly indicate that the
time has come not only to consider withdrawal, but also to
consider the nature and level of continuing US support for
Afghan Security Forces. These pressures must be a factor in
upcoming deliberations by NATO, discussions with Afghanistan on
future bilateral security negotiations, and in future Defense
Appropriations bills. Achieving solutions in these areas now
appears possible, but it will require a focused approach and we
should begin work within the Congress and with the
Administration in this respect.
Finally, while I support the content of this bill and the
process the Committee followed in its preparation, I am
extremely disappointed that House Republicans walked away from
the bipartisan agreement to establish $1.047 trillion as the
Committee's allocation. A majority of their conference voted
for the Budget Control Act agreement less than 9 months ago. By
reneging on the agreement, House Republicans put themselves at
odds with House Democrats, the White House, Senate Democrats,
and Senate Republicans. Senate Minority Leader McConnell
recently voted for allocations at $1.047 trillion and Ranking
Member Cochran stated that it's appropriate ``for the Committee
to proceed on the basis of the discretionary caps enacted into
law.'' House Republicans introduced uncertainty about the
discretionary allocation, and about whether the House majority
will threaten to shut down the government. This uncertainty
will slow down the appropriations process and the austere House
allocation, if it stands, will stall economic growth and impede
job creation.
Norman D. Dicks.