FY2020 National Defense Authorization Act (H.R. 2500, S. 1790)

FY2020 National Defense Authorization Act (H.R. 2500, S. 1790)

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June 26, 2019
FY2020 National Defense Authorization Act (H.R. 2500, S. 1790)
Of the $750 billion requested by the Trump Administration
Enacted to cover every defense budget since FY1962, the
for discretionary spending on National Defense-related
bill authorizes funding for DOD activities at the same level
activities in FY2020, approximately $742 billion falls
of detail at which budget authority is provided by the
within the scope of the National Defense Authorization Act
corresponding defense and military construction
(NDAA). The request includes $718.4 billion for operations
appropriations bills. See Table 1.
of the Department of Defense (DOD) and $23.2 billion for
defense-related work by the Energy Department involving
While the NDAA does not provide budget authority,
nuclear energy, mostly related to nuclear weapons and
historically it provided a fairly reliable indicator of
nuclear power plants for warships. Other funding for
congressional sentiment on funding for particular programs.
defense-related activities, such as counter-intelligence work
The bill also incorporates provisions governing military
of the Federal Bureau of Investigation (FBI), falls under the
compensation, the DOD acquisition process, and aspects of
jurisdiction of other congressional committees.
DOD policy toward other countries, among other subjects.
Table 1. FY2020 National Defense Authorization Act (H.R. 2500, S. 1790)
(amounts in bil ions of dol ars of discretionary budget authority)
Appropriation
FY2019 Enacted
HASC-reported
SASC-reported S.
(Budget Function)
(P.L. 115-232)
FY2020 Requesta
H.R. 2500 (H.Rept.
1790 (S.Rept. 116-
116-120)
48)
Procurement
132.3
118.9
130.6
135.1
Research and
91.7
102.6
100.8
104.0
Development
Operation and
198.5
123.9
203.8
205.4
Maintenance
Military Personnel
147.1
151.3
150.1
150.4
Defense Health and
37.0
36.6
37.2
36.6
Other DOD Programs
Military Construction
10.3
11.2
10.5
11.0
and Family Housing
Subtotal, DOD-
616.9
544.6
633.0
642.5
Military (051) Base
Budget
Department of Energy
21.9
23.2
22.7
23.2
defense activities (053)
Other defense-related
0.3
0.3
0.3
n/a
activities (054)
Total, National
639.1
568.1
655.9
665.7
Defense base budget
Overseas Contingency
69.0
173.8
69.0
75.9
Operations (OCO) and
Emergency
Grand Total
708.1
741.9
724.9
741.6
Sources: H.Rept. 115-874, conference report to accompany H.R. 5515 [FY2019 NDAA], H.Rept. 116-120, conference report to accompany
H.R. 2500 [FY2020 NDAA as reported by HASC]; and S.Rept. 116-48, conference report to accompany S. 1790 [FY2020 NDAA as reported
by SASC].
Notes: Totals may not sum due to rounding. HASC is House Armed Services Committee; SASC is Senate Armed Services Committee.
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link to page 2 FY2020 National Defense Authorization Act (H.R. 2500, S. 1790)
a. Amounts in this column for DOD-Military Base Budget and OCO/Emergency reflect the Administration’s request to use $97.9 bil ion in
OCO funding for base budget requirements, or “OCO for base,” as SASC reported in S.Rept. 116-48; HASC redistributed the requested
OCO-for-base funding in associated DOD base budget accounts, as reported H.Rept. 116-120.
The House Armed Services Committee (HASC) reported its
Space Force
version of the bill (H.R. 2500, H.Rept. 116-120) on June
Of the $72.4 million requested in a new appropriation,
19, 2019, with floor action anticipated in July. Also on June
“Operation and Maintenance, Space Force,” to establish a
19, the Senate began deliberations on taking up its version,
U.S. Space Force headquarters, the HASC version of the
S. 1790, which the Senate Armed Services Committee
bill would authorize $15 million, while the SASC version
(SASC) reported on June 11, 2019.
of the bill would authorize the requested amount. SASC
recommended “a series of provisions (sec. 1601-1608) that
OCO Funding and BCA Caps
would establish the U.S. Space Force (USSF) and make
The House and Senate Armed Services Committees, in
changes to the organization of, authorities of, and
drafting their respective versions of the FY2020 NDAA
acquisition associated with space forces assigned to the
(and the House Appropriations Committee, in drafting its
Department of Defense (DOD),” according to its report
version of the FY2020 defense appropriations bill, Division
accompanying the bill.
C of H.R. 2740) did not adopt the Administration’s request
to designate Overseas Contingency Operations (OCO)
Border Wall Funding
funding for base budget purposes. The reported NDAA bills
The $9.2 billion requested for emergency funding included
each exceed the spending cap set by the Budget Control Act
$7.2 billion for construction of southwest border barriers
of 2011 (BCA; P.L. 112-25). Negotiations between the
and $2 billion in disaster relief to rebuild military facilities
Administration and Congress to raise the limit are
damaged by Hurricanes Florence and Michael. The $7.2
underway.
billion included $3.6 billion for “unspecified military
construction to build border barriers” and another $3.6
The FY2020 NDAA request includes $568.1 billion in base
billion to backfill funding reallocated in FY2019 to build
budget funding intended to man, train, and equip U.S.
border barriers. The HASC and SASC versions of the bills
forces and $173.8 billion in funding designated for OCO
did not accept the Administration’s request to designate the
and emergency requirements. The latter figure—more than
funding for emergency requirements. HASC recommended
double the FY2019 OCO budget—includes $66.7 billion
“an authorization of $2.3 billion related to additional
intended to support military operations in Afghanistan, Iraq,
disaster recovery and mitigation,” but no authorization of
Syria, and elsewhere; $97.9 billion intended to provide base
appropriation for the effort, according to its report.
budget funding that would exceed the FY2020 defense
spending cap currently in force; and $9.2 billion for
Transfer Authority
emergency requirements (see “Border Wall Funding”
The HASC version of the bill includes a provision (Section
heading below).
1001, “General Transfer Authority”) that would limit the
amounts authorized for the Secretary of Defense to transfer
Since enactment of the BCA, the OCO designation has
in Division A of the Act to $1 billion, down from $4.5
taken on greater practical significance because the spending
billion in FY2019. The HASC bill also includes a provision
caps on discretionary appropriations for defense and non-
(Section 1512, “Special Transfer Authority”) that would
defense programs effectively do not apply to funding
limit the OCO amounts authorized for the Secretary to
designated both by the President and by Congress for OCO
transfer in Title XV to $500 million, from $3.5 billion in
or emergency requirements. Compliance with the caps
FY2019. The SASC version of the bill would decrease that
would require DOD to reduce its planned spending by tens
general transfer authority limit to $4 billion and that special
of billions of dollars per year through FY2021. To avoid
transfer authority limit to $2.5 billion.
that, Congress has passed legislation to raise the limits for
most years in which they have been in effect. Congress and
Other CRS Products
both the Obama and Trump Administrations also have
designated certain OCO funding for base budget purposes,
CRS In Focus IF10515, Defense Primer: The NDAA Process, by
a move some observers have viewed as a way to circumvent
Valerie Heitshusen and Brendan W. McGarry
the caps.
CRS In Focus IF10516, Defense Primer: Navigating the NDAA, by
Brendan W. McGarry and Valerie Heitshusen
Selected Issues
CRS Insight IN11083, FY2020 Defense Budget Request: An
Overview, by Brendan W. McGarry and Christopher T. Mann
Low-Yield Nuclear Weapons
The HASC version of the bill includes a provision (Section

1646) that would bar the use of funds to deploy a “low-
yield” version of the W76-2 nuclear warhead carried by the
Pat Towell, Specialist in U.S. Defense Policy and Budget
Trident II submarine-launched ballistic missile. The HASC
bill also would authorize neither the $10 million requested
Brendan W. McGarry, Analyst in US Defense Budget
for Energy Department efforts to develop the new weapon
IF11258
nor the $19.6 million requested to prepare for deploying
them. The SASC version of the bill would approve the
Administration’s request for the low-yield warhead.
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FY2020 National Defense Authorization Act (H.R. 2500, S. 1790)

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