FY2019 National Defense Authorization Act: An Overview of Senate Action

FY2019 National Defense Authorization Act: An Overview of Senate Action

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June 29, 2018
FY2019 National Defense Authorization Act: An Overview of
Senate Action
The FY2019 National Defense Authorization Act (NDAA)
amended most recently by the Bipartisan Budget Act of
approved by the Senate on June 18, 2018, would authorize
2018 (BBA; P.L. 115-123). The cap applies to discretionary
discretionary appropriations totaling $708.4 billion for
base budget appropriations for military programs of DOD,
national defense-related activities of the Department of
defense-related atomic energy programs of the Energy
Defense (DOD) and other agencies.
Department, and other defense-related programs. The
The bill (H.R. 5515) would authorize $16.3 billion (2.4%)
FY2019 defense spending cap is $647 billion. The figure
more than the amount enacted in the FY2018 NDAA (P.L.
includes programs outside the scope of the NDAA and for
115-91) and $0.3 billion more than the Administration
which the Administration requested approximately $8
requested for such programs in FY2019 (see Table 1).
billion. Thus, the portion of the cap applicable to spending
authorized by the NDAA is approximately $639 billion.
Of the total, the bill would authorize $639.9 billion for so-
called base budget activities—activities DOD and other
Selected Highlights
national defense-related agencies would pursue even if U.S.
 Smaller End-Strength Increase. The bill would
forces were not engaged in operations in Afghanistan, Iraq,
authorize a $3.1 billion reduction to DOD’s base-budget
Syria, and elsewhere. The bill would also authorize
for military personnel appropriations from the
additional DOD appropriations totaling $68.5 billion—to be
President’s request. Almost $1 billion of the total would
designated as funding for Overseas Contingency
come from decreasing the end-strength request; the bill
Operations (OCO)—that would cover the incremental cost
would authorize an active-duty force of 1.3 million
of those operations in the Middle East as well as other costs
personnel, an increase of almost 7,000 from the FY2018
Congress and the President agree to designate as OCO.
authorized level but a decrease of more than 8,600 from
The Senate Armed Services Committee reported the
the request. Another $1.9 billion would come from
legislation (S. 2987) on June 5. The Senate took up and
underutilized military pay accounts.
considered the House-passed NDAA (H.R. 5515) as a
 Investment Boost. The bill would authorize an increase
vehicle for its version, which was approved 85-10.
in DOD appropriations (base and OCO) for procurement
Consistent with Revised Spending Cap
($1.6 billion) and for research, development, test, and
evaluation ($1.2 billion) over the President’s request.
The legislation would authorize a level of funding that is
 Military Construction. The bill would authorize $780
generally consistent with the spending limits (or caps) on
million for military construction projects not included in
national defense programs originally established by the
the President’s request.
Budget Control Act of 2011 (BCA; P.L. 112-25) and
Table 1. National Defense Authorizations
(in bil ions of dol ars of discretionary budget authority)
$ Difference
% Difference
FY2019
(FY2018/
(FY2018/
National Defense Budget
FY2018 NDAA
FY2019
Senate-
FY2019 Senate-
FY2019 Senate-
(Budget Sub-function)
(P.L. 115-91)
Request
Passed
Passed)
passed)
DOD-Military (051)
605.5
617.1
617.6
12.2
2.0%
Atomic Energy Defense
20.6
21.8
21.7
1.1
5.6%
Activities (053)
Defense-Related Activities
0.3
0.2
0.5a
0.2
66.9%
(054)
Subtotal (Base Budget)
626.4
639.1
639.9
13.5
2.2%
Overseas Contingency
65.7
69.0
68.5
2.7
4.2%
Operations (OCO)
Total (Base + OCO)
692.1
708.1
708.4
16.3
2.4%
Sources: FY2018 data from H.Rept. 115-404, Conference Report to Accompany the National Defense Authorization Act for FY2018 (H.R. 2810), at
https://www.congress.gov/115/crpt/hrpt404/CRPT-115hrpt404.pdf; FY2019 data from Senate-passed H.R. 5515, National Defense Authorization
Act for Fiscal Year 2019, at https://www.congress.gov/bil /115th-congress/house-bil /5515/text, Senate Armed Services Committee.
Notes: Numbers may not sum due to rounding.
a. The Senate approved an amendment authorizing $500.6 mil ion for the Maritime Administration’s Maritime Security Program (MSP).
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FY2019 National Defense Authorization Act: An Overview of Senate Action
Organization and Personnel
Foreign Investment Reform
The bill includes a number of provisions intended to
Title 17 of the Senate amendment to H.R. 5515 includes the
develop policy guidance based on the National Defense
Foreign Investment Risk Review Modernization Act of 2018. It
Strategy (NDS).
would represent the most comprehensive reform of the
foreign investment review process under the Committee on
 Strategy Reports. The bill would require the Secretary
Foreign Investment in the United States (CFIUS) since the
of Defense to annually submit three strategic guidance
Foreign Investment and National Security Act (FINSA). See
documents to support and implement the NDS:
CRS Report RL33388, The Committee on Foreign Investment in
“Defense Planning Guidance,” “Contingency Planning
the United States (CFIUS), by James K. Jackson.
Guidance” or “Guidance for the Employment of the
Force,” and “Global Defense Posture Report.”


ZTE Ban. Section 891 of the bill would bar DOD from

procuring telecommunications equipment or services
Leadership Changes. The bill would create a new
from two companies linked to the government of China:
Assistant Secretary of Defense for Strategy, Plans,
Huawei Technologies Company and ZTE Corporation.
Assessments, Readiness and Capabilities and re-

designate the position of Under Secretary of Defense for
Space-Based Intercept. The bill would direct the
Personnel and Readiness as the Under Secretary of
Missile Defense Agency to develop a hypersonic missile
Defense for Personnel in part to clarify the latter’s role
defense program, as well as a space-based sensor
as the Chief Human Capital Officer.
architecture and ballistic missile intercept layer.
 Officer Management Overhaul. The bill would modify Foreign Affairs
laws governing the appointment, promotion, and
 Afghanistan. The bill would authorize $5.2 billion for
separation of military officers. Changes include
the Afghanistan Security Forces Fund, matching the
expanding constructive credit for higher rank upon
President’s request.
initial appointment and creating competitive categories

with tailored promotions and career lengths.
Islamic State. The bill would authorize $1.4 billion for

activities to counter the Islamic State, matching the
SOCOM Review. The bill would require the Assistant
President’s request. Some of the $850 million to train
Secretary of Defense for Special Operations and Low-
and equip Iraqi Security Forces and all of the $300
Intensity Conflict to conduct a comprehensive review of
million to train and equip Syrian opposition forces
U.S. Special Operations Command (SOCOM) to ensure
would be contingent upon reporting requirements.
special operations forces can counter future threats.


Syria. The bill would create a Syria Study Group to
2.6% Military Pay Raise. The bill would authorize
“examine and make recommendations on the military
funding for a 2.6% military pay raise, matching the
and diplomatic strategy of the United States with respect
President's request and the largest since 2010.
to the conflict in Syria.”
Weapons and Equipment
 Turkey. The bill would prohibit transferring F-35s to
 Fewer F-35s. The bill would authorize $7.6 billion for
Turkey (which plans to buy 100 of the aircraft) and
75 Joint Strike Fighter aircraft, two aircraft fewer than
would direct DOD to submit a plan to remove the
requested to realign the program toward sustainment.
country from the program. It would also recommend for

the President to impose sanctions on the NATO ally if it
Light Attack Aircraft. The bill would authorize an
purchases the S-400 air defense system from Russia.
additional $350 million for the Air Force to buy new

OA-X light-attack aircraft. It would also add $65 million
Poland. The bill would require DOD to submit a report
to replace wings on a portion of the A-10 fleet, bringing
on “the feasibility and advisability” of permanently
the total amount for A-10 upgrades to $164 million.
stationing a U.S. Army brigade in Poland.


Shipbuilding. The bill would authorize $23 billion for
North Korea. The bill would require DOD to submit a
shipbuilding, $1.2 billion more than the President’s
report on the status of North Korea’s nuclear program
request, for 10 ships and several future vessels as part of
“to establish a baseline of progress for negotiations with
the Navy’s long-term plan to increase the size of the
respect to denuclearization.”
fleet from 284 to 355 ships.
More Information
 Low-Yield Nuke. The bill would add $65 million to
CRS In Focus IF10891, FY2019 National Defense Authorization
develop a new low-yield submarine-launched nuclear
Act: An Overview of H.R. 5515, as Reported, by Pat Towell
ballistic missile, as recommended by the Nuclear
CRS In Focus IF10887, The FY2019 Defense Budget Request: An
Posture Review, by modifying a number of existing
Overview, by Brendan W. McGarry
W76-1 warheads into W76-2 warheads.

CRS Report R45013, FY2018 National Defense Authorization
Cruise Missile Defense. The bill would add $500
Act, coordinated by Pat Towell
million to accelerate deployment of technology to
protect bases in Europe and Asia from cruise missile

threats and direct the Army to buy a short-term solution.
 Tactical Vehicles. The bill would authorize a $250
Brendan W. McGarry, Analyst in U.S. Defense Budget
million decrease to the Joint Light Tactical Vehicle
Pat Towell, Specialist in U.S. Defense Policy and Budget
program from the President’s request. JLTV and others
IF10921
were identified as “not optimized for conflict between
the United States and advanced peer competitors.”
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FY2019 National Defense Authorization Act: An Overview of Senate Action

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https://crsreports.congress.gov | IF10921 · VERSION 2 · NEW