FY2019 National Defense Authorization Act: An Overview of H.R. 5515

FY2019 National Defense Authorization Act: An Overview of H.R. 5515

August 7, 2018
FY2019 National Defense Authorization Act: An Overview of
H.R. 5515
The FY2019 National Defense Authorization Act (NDAA)
of 2011 (P.L. 112-25) and amended most recently by the
approved by Congress would authorize $708.1 billion in
Bipartisan Budget Act of 2018 (P.L. 115-123). The FY2019
discretionary appropriations for national defense-related
defense spending cap is $647 billion and applies to
activities of the Department of Defense (DOD) and other
discretionary programs within the national defense budget
agencies. The bill (H.R. 5515) would authorize $16 billion
function (excluding OCO). The cap includes programs
(2.3%) more than the amount authorized by the FY2018
outside the scope of the NDAA and for which the
NDAA (P.L. 115-91) and match the amount requested by
Administration requested approximately $8 billion. Thus,
the Administration.
the portion of the cap applicable to spending directly
authorized by the NDAA is approximately $639 billion.
The bill would authorize $639.1 billion for so-called base
budget activities—activities DOD and other agencies would
On May 24, 2018, the House passed H.R. 5515, an
pursue even if U.S. forces were not engaged in operations
amended version of the NDAA reported by the House
in Iraq, Syria, Afghanistan, and elsewhere. This figure
Armed Services Committee. The Senate replaced the
includes $616.9 billion for DOD, $21.9 billion for defense-
House-passed text of the bill with the text of S. 2987, the
related atomic energy programs of the Department of
version of the NDAA reported by the Senate Armed
Energy, and $300 million for other defense-related
Services Committee, and passed its amended version on
activities.
June 18. The initial conference report to H.R. 5515 filed on
July 23 required revision, so the House sent it back to
The bill would also authorize additional DOD
conference. A new conference report filed on July 25
appropriations totaling $69 billion—funding designated for
(H.Rept. 115-874) became the basis for further
Overseas Contingency Operations (OCO)—to cover the
congressional action.
incremental cost of U.S. operations in the Middle East and
South Asia as well as other costs Congress and President
The House approved the final version of the bill on July 26
Donald Trump agree to designate for OCO.
and the Senate passed it on August 1. The legislation, if
signed by the President before October 1, would mark the
The legislation would authorize a level of funding that is
first NDAA since the FY1997 version enacted prior to the
consistent with the spending limits (or caps) on defense
start of the fiscal year.
activities originally established by the Budget Control Act
Table 1. National Defense Authorizations
(in billions of dollars of discretionary budget authority)
National Defense
2018 Enacted
FY2019
HASC-
FY2019
Budget (Budget
NDAA (P.L.
President’s
Reported
SASC-Reported
Conference
Subfunction)
115-91)
Budget Request
H.R. 5515
S. 2987
Authorized
DOD-Military (051)
605.5
617.1
616.7
617.6
616.9
Atomic Energy Defense
20.6
21.8
22.1
21.7
21.9
Activities (053)
Defense-Related
0.3
0.2
0.3
n/a
0.3
Activities (054)
Subtotal (Base
626.4
639.1
639.1
639.4
639.1
Budget)
Overseas Contingency
65.7
69.0
69.0
68.5
69.0
Operations (OCO)
Total (Base + OCO)
692.1
708.1
708.1
707.9
708.1
Source: FY2018 data from H.Rept. 115-404, Conference Report to Accompany H.R. 2810; FY2019 President’s Budget Request and conference
authorized data from H.Rept. 115-874, Conference Report to Accompany H.R. 5515; HASC-reported data from H.Rept. 115-676, Report on H.R.
5515; SASC-reported data from S.Rept. 115-262, Report to Accompany S. 2987.
Notes: Totals may not reconcile due to rounding.
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FY2019 National Defense Authorization Act: An Overview of H.R. 5515

Selected Highlights
Foreign Investment Reform
Low-Yield Nuclear Warhead. The bill would authorize
Title 17 of H.R. 5515 includes provisions designed to limit
$65 million, as requested, to develop a low-yield nuclear
foreign access to sensitive U.S. technology, including the
warhead for submarine-launched ballistic missiles. The
Foreign Investment Risk Review Modernization Act of 2018, which
Administration’s February 2018 Nuclear Posture Review
expands the purview of the Committee on Foreign Investment
called for “low-yield” nuclear options to preserve “credible
in the United States (CFIUS) to address national security
deterrence against regional aggression.”
concerns; and the Export Controls Act of 2018, which controls
Pacific Ship Collisions Response. Parts of the bill respond
the export of certain “dual-use” and military items. For more
to the two ship collisions in 2017 involving Pacific Fleet
information, see CRS Report RL33388, The Committee on
destroyers that resulted in the deaths of 17 U.S. sailors.
Foreign Investment in the United States (CFIUS), by James K.
Section 322 would require that Navy ships be subject to
Jackson.
inspections with “minimal notice”

to the crew. Section 323
would limit to 10 years the time that aircraft carriers,
China. The bill would prohibit the heads of federal
amphibious ships, cruisers, destroyers, frigates, and littoral
agencies from procuring telecommunications equipment or
combat ships can be based outside the United States.
services from companies linked to the government of
Another Carrier. The bill would authorize procurement of
China—Huawei Technologies Company and ZTE
a fourth Ford-class aircraft carrier (CVN-81). While it does
Corporation, among others. It would also prohibit the
not authorize appropriations for the ship, the legislation
obligation of funds for Chinese language instruction
allows for the procurement to occur in conjunction with
provided by Confucius Institutes, language and culture
CVN-80. Lawmakers said a two-ship procurement “could
centers affiliated with China’s Ministry of Education.
result in significant cost savings.”
Europe. The bill would authorize $6.3 billion for the
Selected Aircraft. The bill would authorize:
European Deterrence Initiative (EDI), plus an additional

$250 million for Ukraine security assistance that includes
$7.6 billion in procurement (excluding advance
lethal defensive weapons, to counter Russian military
procurement and modifications) for 77 F-35 Joint Strike
aggression. The funding would remain designated for OCO
Fighter aircraft, $133 million less than the request.

rather than the base budget and mostly go toward
$342 million in procurement for 14 MQ-9 Reaper
prepositioning a division-sized set of equipment in Europe
drones, $120 million and 6 aircraft more than the
and boosting the regional presence of U.S. forces.
request to accelerate development of a network of
sensors called Advanced Battle Management System to
Iraq and Syria. The bill would authorize $1.4 billion for
replace E-8 JSTARS surveillance planes.
activities to counter the Islamic State of Iraq and Syria
(ISIS) by training and equipping Iraqi Security Forces and
 $300 million in procurement to begin buying an
vetted Syrian opposition forces. It would limit the use of
unspecified number of new OA-X light attack aircraft,
roughly half of the $850 million for Iraq until the Secretary
not included in the President’s request.
of Defense submits a report to the congressional defense
Selected Missiles. The bill would authorize:
committees on the U.S. strategy in Iraq and all of the $300

million for Syria until the President submits a report to
$414 million in research, development, test, and
congressional committees on the U.S. strategy in Syria.
evaluation (RDT&E) for the Ground Based Strategic
Deterrent to replace the Minuteman III intercontinental
Turkey. The bill would prohibit the delivery of any F-35s
ballistic missile, $69 million more than the request.
to Turkey (which plans to buy 100 of the aircraft) until the

Secretary of Defense submits a report to congressional
$700 million in RDT&E for the Long Range Standoff
committees on the Turkish government’s plan to purchase
Weapon to replace the AGM-86 nuclear cruise missile,
the S-400 air and missile defense system from Russia.
$85 million more than the request.
More Information
Fourth Estate. Section 921 of the bill would require the
DOD Chief Management Officer to certify savings of least
CRS In Focus IF10891, FY2019 National Defense Authorization
25% by FY2020 from the business operations of defense
Act: An Overview of H.R. 5515, as Reported, by Pat Towell
agencies and field activities responsible for logistics, human
CRS In Focus IF10921, FY2019 National Defense Authorization
resources, and other functions—which are sometimes
Act: An Overview of Senate Action, by Brendan W. McGarry and
referred to as the Pentagon’s Fourth Estate.
Pat Towell
Officer Management Overhaul. Title 5 of the bill contains
CRS In Focus IF10887, The FY2019 Defense Budget Request: An
provisions that would modify key parts of the Defense
Overview, by Brendan W. McGarry
Officer Personnel Management Act (DOPMA; P.L. 96-513)

governing the appointment, promotion, and separation of
military officers. Changes include allowing civilians with
Brendan W. McGarry, Analyst in US Defense Budget
operationally relevant training or experience to enter the
Pat Towell, Specialist in U.S. Defense Policy and Budget
military up to the rank of O-6 and creating an “alternative
IF10942
promotion” process for officers in specialized fields.

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FY2019 National Defense Authorization Act: An Overview of H.R. 5515

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