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H.R. 1301, Department of Defense Appropriations Act, 2017

Floor Situation

On Wednesday, March 8, 2017, the House will consider H.R. 1301, the Department of Defense Appropriations Act, 2017, under a closed rule.  H.R. 1301 was introduced on March 2, 2017, by Rep. Rodney Frelinghuysen (R-NJ) and was referred to the Committee on Appropriations in addition to the Committee on the Budget. H.R. 1301 reflects the final, bicameral agreement on fiscal year 2017 Department of Defense spending.


Summary

H.R. 1301 provides $577.9 billion in total discretionary budget authority for the Department of Defense for fiscal year (FY) 2017. The bill provides $516.1 billion for the Department of Defense base budget, which is an increase of $2 billion above FY16 levels, and $61.8 billion for the Overseas Contingency Operations (OCO) account to support the Global War on Terrorism (GWOT), which is an increase of $3.2 billion above the previous Administration’s budget request. An additional $5.8 billion in OCO funding was provided in the Continuing Resolution supplemental.

The major provisions of the bill are as follows:

Title I—Military Personnel

The bill provides a total of $132.1 billion - $128.7 billion for base requirements in title I and $3.4 billion for OCO/GWOT requirements in title IX – to provide for 1,305,900 active-duty troops and 813,200 Guard and Reserve troops. The bill includes $1.6 billion above the request for increased end strength and denies troop reductions in the previous Administration’s fiscal year 2017 budget request. The agreement also fully funds the authorized 2.1 percent pay raise for the military, instead of 1.6 percent as requested by the previous Administration.

Title II—Operation and Maintenance

The bill provides a total of $215.3 billion - $167.6 billion for base requirements in title II and $47.7 billion for OCO/GWOT requirements in title IX – for operation and maintenance. This funding supports key readiness programs to prepare troops for combat and peacetime missions. In total, this is $1.7 billion above fiscal year 2016.

Included in this agreement is an additional $1.9 billion to fill readiness shortfalls, invest in facility sustainment, restoration, and modernization programs, provide for additional depot maintenance, and support increased end strength.

Title III—Procurement

The bill provides for a total of $117.8 billion - $108.4 billion for base requirements in title III and $9.4 billion for OCO/GWOT requirements in title IX - for equipment and upgrades. Major initiatives and modifications include:

  • $21.2 billion for 13 Navy ships, including 3 DDG-51 guided missile destroyers, 3 Littoral Combat Ships, 1 LPD-17 and advance procurement for the polar icebreaker recapitalization project.

  • $773 million for advance procurement of the Ohio-Class submarine replacement

  • $8.2 billion for 74 F-35 aircraft

  • $1.1 billion for 14 F/A 18E/F Super Hornet aircraft

  • $1.1 billion for 61 UH-60 Blackhawk helicopters

  • $774 million for 52 remanufactured AH-64 Apache helicopters

  • $190 million for 5 new Apaches

  • $72 million to support advanced procurement needs for an additional 10 Apache aircraft

  • $187 million for 28 Lakota light utility helicopters

  • $1.5 billion for 19 MV/CV-22 Osprey tiltrotor aircraft

  • $542 million for WIN-T, including $114 million to equip two additional brigades

  • $1.8 billion for 11 P-8A Poseidon aircraft

  • $2.6 billion for 15 KC-46 tanker aircraft

  • $1.3 billion for 17 C/HC/KC/MC-130J aircraft

  • $210 million for HMMWV modernization for the active Army, Army National Guard and Army Reserve.

Title IV—Research, Development, Test and Evaluation

The bill provides a total of $72.7 billion - $72.3 billion for base requirements in title IV and $407 million for OCO/GWOT requirements in title IX - for research, development, test and evaluation. Funding for base requirements is $2.5 billion above fiscal year 2016. Funding supports the development of the F-35 Joint Strike Fighter, the new Air Force bomber programs, and the Ohio-Class submarine replacement.

Title V—Revolving and Management Funds

The bill provides a total of $1.65 billion - $1.51 billion for base requirements in title V and $141 million for OCO/GWOT requirements in title IX - for the Defense Revolving and Management Funds.

Title VI—Other Department of Defense Programs

The bill provides a total of $36.5 billion - $35.6 billion for base requirements in title VI and $909 million for OCO/GWOT requirements in title IX - for expenses not otherwise provided for, including the Defense Health Program. Title VI provides for:

  • $34.3 billion for Defense Health Programs, including $15.3 billion for contracts under TRICARE, research, development, and evaluation, HIV prevention, and congressionally directed medical research programs

  • $523.7 million for Chemical Agents and Munitions Destruction

  • $998.8 million for Drug Interdiction and Counter Drug activities

  • $312 million for the Office of the Inspector General

Title VII—Related Agencies

Title VII provides for $514 million for continuing the operation of the Central Intelligence Agency Retirement and Disability System Fund. The Title also provides for $515.6 million for the Intelligence Community Management Account.

Title VIII—General Provisions

Title VIII includes, among others, the following general provisions:

  • Section 8012 provides that civilian personnel of the Department of Defense may not be managed on the basis of end strength or be subject to end strength limitations.

  • Section 8026 provides that none of the funds appropriated or made available shall be used to procure carbon, alloy, or armor steel plate that were not melted and rolled in the U.S. or Canada.

  • Section 8045 prohibits funding from being obligated or expended for assistance to the Democratic People’s Republic of Korea (North Korea) unless specifically appropriated for that purpose.

  • Section 8072 provides $600.7 million for Israel Cooperative Programs.An additional $43 million is provided in title II for the Israeli anti-tunneling program.

  • Section 8101 prohibits funding to transfer or release any individual detained at Guantanamo Bay, Cuba into the United States, its territories, or possessions.

  • Section 8102 prohibits funding to modify any United States facility (other than the facility at Guantanamo Bay, Cuba) to house any individual detained at Guantanamo Bay, Cuba.

  • Section 8103 prohibits funding to transfer any individual detained at Guantanamo Bay, Cuba, to a country of origin or other foreign country or entity unless the Secretary of Defense makes certain certifications.

  • Section 8104 prohibits funding from being used to violate the War Powers Resolution Act.

  • Section 8111 prohibits the use of funds by the National Security Agency targeting U.S. persons under authorities granted in the Foreign Intelligence Surveillance Act.

  • Section 8116 prohibits the use of funds to retire the A–10 aircraft.

  • Section 8127 prohibits the use of funds to close facilities at Naval Station Guantanamo Bay.

  • Section 8128 provides for the use of funds to research and respond to the Zika virus for military and civilian personnel.

Title IX—Overseas Contingency Operations (OCO)

Title IX provides $61.8 billion for Global War on Terrorism operations or the OCO fund.  Of those funds, the bill includes:

  • $3.4 billion for personnel

  • $47.7 billion for operations and maintenance, including $4.26 billion for Afghanistan Security Forces Fund, $980 million for Counter-ISIL Train and Equip Fund, and $150 million for the Ukraine Security Assistance Initiative

  • $500 million to continue support for the Intelligence, Surveillance, and Reconnaissance Fund

  • $9.37 billion for procurement

  • $406.7 million for research, development, test, and evaluation

  • $140.6 million for the Defense Working Capital Funds

  • $331.8 million for the Defense Health Program

  • $215.3 million for Drug Interdiction and Counter-Drug Activities Defense

  • $339.5 million for Joint Improvised Explosive Device Defeat Fund

  • $22 million for the Office of the Inspector General

Classified Annex

The bill also provides funding for certain classified programs. These funding levels are made available for review to Members in a classified annex.


Background

The Department of Defense Appropriations Act has historically been the key mechanism through which Congress funds one of its primary responsibilities as mandated in Article I, Section 8 of the Constitution of the United States, which grants Congress the power to provide for the common defense; to raise and support an Army; to provide and maintain a Navy; and to make rules for the government and regulation of the land and naval forces.

According to Chairman Frelinghuysen, “The singular most important duty of Congress is to provide for our nation’s defense, and the rebuilding of our nation’s military starts with this bill. This legislation provides responsible funding to ensure that our troops have the resources they need to remain the very best in the world, and to fulfill the mission of protecting our country and our way of life. Enacting this essential legislation into law is paramount to our security.”[1]


Cost

If enacted, H.R. 1301 would result in discretionary budget authority of $577.9 billion. The agreement includes savings of $1.155 billion from lower-than-expected fuel costs, $157 million due to favorable economic conditions, and $4.76 billion is savings from rescissions of unused prior-year funding.


Staff Contact

For questions or further information please contact Jake Vreeburg with the House Republican Policy Committee by email or at 2-1374.

 

[1] See Chairman Frelinghuysen’s Press Release, March 2, 2017.

 

115th Congress