LEGISLATIVE REPORT Fiscal Year 2018 Omnibus Appropriations (H.R. 1625) As of 30 March 2018
OVERVIEW On March 23, 2018, President Trump signed into law H.R. 1625, the Consolidated Appropriations Act of 2018. The legislation was approved by the U.S. House of Representatives and U.S. Senate on March 22, 2018. H.R. 1625 provides $655.1 billion in total defense spending, which is an increase of $62.1 billion above Fiscal Year (FY) 2017 spending levels. The legislation provides $589.9 billion in base and discretionary funding for the Department of Defense (DoD), as well as $65.2 billion in Overseas Contingency Operations (OCO) funding. The legislation also provides increases to National Guard end strength, full time support, and Operation and Maintenance (O&M) funding. BILL HIGHLIGHTS All page references below are within the DoD appropriations report language document unless otherwise noted. General Provisions Funds a 2.4 percent pay raise for military personnel effective January 1, 2018 (pg. 9) o 0.3% increase above FY 2017 levels $1.3 billion for the National Guard and Reserve Equipment Account (NGREA) (pg. 122J) ($550 million more than FY 2017 levels), including: o $429 million for the Army National Guard $181.5 million more than FY 2017 levels o $429 million for the Air National Guard $181.5 million more than FY 2017 levels Increases spending flexibility, including: o Increasing 80/20 rule limits, which restricts financial obligations in the last two months of the fiscal year, from 20 percent to 25 percent (pg. 25) o Increasing the threshold for reprogramming Operation and Maintenance funding from $15 million to $20 million (pg. 26) Joint Personnel Provisions $236.4 million for the National Guard Counterdrug Program (pg. 101) o $2.4 million more than FY 2017 levels $25.0 million for National Guard Counterdrug Training Centers (pg. 101) o $5 million more than FY 2017 levels $30.0 million for the National Guard Youth ChalleNGe program * (pg. 34C) o $19.7 million more than FY 2017 addition $12.9 million for the DoD STARBASE program * (pg. 34C) o $17.1 million less than FY 2017 addition * Amount is an addition above the President s Budget Request. 2
$8.0 million for the National Guard State Partnership Program (SPP) * (pgs. 19B, 20B, 41B, 42B) o Equal to FY 2017 addition $20.0 million for the Beyond Yellow Ribbon Program * (pg. 34D) o Equal to FY 2017 addition Army National Guard $951.4 million for 30 AH 64E Apache helicopters for the Army (pg. 52C) o FY 2017 levels included $333.7 million for 20 AH 64E Apaches for the Army $695.4 million for AH 64D to E helicopter modernization for the Army (pg. 52C) o $78.6 million less than FY 2017 levels $1.1 billion for 56 UH 60M Black Hawk helicopters for the Army, of which 20 are designated for the Army National Guard (pgs. 52, 52C) o FY 2017 levels included $1.2 billion for 62 UH 60M Black Hawks for the Army, of which 15 were designated for the Army National Guard $439.0 million for CH 47 Chinook helicopters for the Army (pg. 52C) o $114.3 million less than FY 2017 $220.0 million for Army National Guard High Mobility Multipurpose Wheeled Vehicle (HMMWV) modernization (pg. 56H) o $60.0 million more than FY 2017 levels $12.0 million for Army National Guard Cyber Protection Teams (CPTs) * (pg. 19B) o $2.1 million more than FY 2017 addition $220.7 million in Army National Guard MILCON funding, including funding for designated construction projects in 8 states (pg. 6, MILCON VA report language) o $23.4 million less than FY 2017 levels Air National Guard $103.0 million for the A 10 Thunderbolt Wing Replacement Program (pg. 64E) o $83.0 million more than FY 2017 levels $144.0 million for C 130H modernization * (pg. 64F) ($37.3 million more than FY 2017 levels), including: o $74.0 million for C 130H engine enhancements o $55.0 million for C 130H propulsion upgrades $639.7 million for C 130J aircraft for the Air Force, of which 6 are designated for the Air National Guard (pg. 64E) o FY 2017 levels included $305.7 million, of which $160.0 million and 2 additional aircraft were designated for the Air National Guard * Amount is an addition above the President s Budget Request. 3
$209.8 million for F 15 Eagle Full Spectrum Electronic Warfare (EPAWSS) for the Air Force (pg. 81D) o $40.7 million less than FY 2017 levels $10.0 million for F 15 Eagle Infared Search and Track for the Air Force (pg. 64E) o $10.0 million more than FY 2017 levels $40.0 million for F 16 AESA Radars for the Air Force * (pg. 64E) o $24.1 million more than FY 2017 levels $405.5 million for the Joint Surveillance Target Attack Radar System (JSTARS) recapitalization program (pg. 81L) o $277.5 million more than FY 2017 levels o Additionally requires the Secretary of Defense to report on the program (pgs. 83 84) $171.5 million in Air National Guard MILCON funding, including funding for designated construction projects in 11 states (pg. 6, MILCON VA report language) o $14.5 million more than FY 2017 levels To view the full text of the legislation, please visit: https://www.congress.gov/115/bills/hr1625/bills-115hr1625eah.pdf To view the Department of Defense (DoD) appropriations report language, please visit: http://docs.house.gov/billsthisweek/20180319/div%20c%20- %20DEFENSESOM%20%20OMNI.OCR.pdf To view the Military Construction and Veterans Affairs (MILCON VA) appropriations report language, please visit: http://docs.house.gov/billsthisweek/20180319/div%20j%20milconvasom%20- OMNI.OCR.pdf * Amount is an addition above the President s Budget Request. 4
NATIONAL GUARD ACCOUNTS OVERVIEW ARMY NATIONAL GUARD* ACCOUNT End Strength POTUS HASC HAC SASC SAC FROM 343,000 343,000 347,000 347,000 343,000 343,000 343,500 343,500 343,500 343,500 500 343,500 AGR 30,155 30,155 30,155 30,155 30,155 30,155 30,155 30,155 0 30,155 Dual Status Technicians 25,507 25,507 25,507 22,294 22,294 22,294 Non-Dual Status Technicians 1,600 1,600 1,600 0 0 0 ADOS 17,000 17,000 17,000 17,000 17,000 17,000 SUMMARY Base Funds $14,760,901 $15,686,546 $15,528,246 $15,528,246 $15,740,256 $787,895 $15,548,796 Personnel $7,899,423 $8,379,376 $8,252,426 $8,252,426 $8,240,036 $365,203 $8,264,626 O&M $6,861,478 $7,307,170 $7,379,580 $7,379,580 $7,275,820 $7,275,820 $7,490,093 $7,490,093 $7,500,220 $7,491,533 $422,692 $7,284,170 MILCON $244,000 $210,652 $266,652 $266,652 $210,652 $210,652 $294,152 $294,152 $210,652 $294,152 -$23,348 $220,652 NGREA $247,500 $330,000 $330,000 $450,000 $181,500 $429,000 SUMMARY OCO Funds Personnel OCO $323,507 $292,700 $292,700 $292,700 $292,700 -$30,807 $292,700 $196,472 $184,589 $184,589 $184,589 $184,589 -$11,883 $184,589 O&M OCO $127,035 $108,111 $108,111 $108,111 $108,111 $108,111 $108,111 $108,111 $108,111 $108,111 -$18,924 $108,111 AIR NATIONAL GUARD* ACCOUNT End Strength POTUS HASC HAC SASC SAC FROM 105,700 106,600 106,600 106,600 106,600 106,600 106,600 106,600 106,600 106,600 900 106,600 AGR 14,764 16,260 16,620 16,620 16,260 16,260 16,260 16,620 1,496 16,260 Dual Status Technicians 21,893 22,983 22,983 19,135 19,135 19,135 Non-Dual Status Technicians 350 350 350 0 0 0 ADOS 16,000 16,000 16,000 16,000 16,000 16,000 SUMMARY Base Funds $9,899,077 $10,353,155 $10,142,067 $10,142,067 $10,497,235 $410,538 $10,309,615 Personnel $3,283,982 $3,413,187 $3,406,137 $3,406,137 $3,406,867 $124,835 $3,408,817 O&M $6,615,095 $6,939,968 $7,104,268 $7,104,268 $6,735,930 $6,735,930 $7,143,668 $7,143,668 $7,090,368 $7,050,768 $285,703 $6,900,798 MILCON $157,000 $161,491 $203,391 $203,391 $161,491 $161,491 $187,491 $187,491 $161,491 $195,491 $14,491 $171,491 NGREA $247,500 $330,000 $330,000 $450,000 $181,500 $429,000 SUMMARY OCO Funds Personnel OCO $25,288 $20,404 $20,404 $20,404 $20,404 -$4,884 $20,404 $5,288 $5,004 $5,004 $5,004 $5,004 -$284 $5,004 O&M OCO $20,000 $15,400 $15,400 $15,400 $15,400 $15,400 $15,400 $15,400 $15,400 $15,400 -$4,600 $15,400 *All Dollars in Thousands 4
NATIONAL GUARD MILITARY CONSTRUCTION ARMY NATIONAL GUARD* ACCOUNT POTUS HASC HAC SASC SAC FROM TOTAL MILCON Funding $244,000 $210,652 $266,652 $266,652 $210,652 $210,652 $294,152 $294,152 $210,652 $294,152 -$23,348 $220,652 MILCON By State LOCATION PROJECT POTUS HASC HAC SASC SAC FROM DELAWARE New Castle Combined Support Maintenance Shop $36,000 $36,000 $36,000 $36,000 $36,000 $36,000 $36,000 $36,000 $36,000 N/A $36,000 IDAHO Orchard Training Area Digital Air/Ground Integration Range $22,000 $22,000 $22,000 $22,000 $22,000 $22,000 $22,000 $22,000 $22,000 N/A $22,000 MTC Gowen $9,000 $9,000 $9,000 $9,000 $9,000 N/A IOWA Camp Dodge $8,500 $8,500 $8,500 N/A KANSAS Fort Leavenworth $19,000 $19,000 $19,000 N/A MAINE Presque Isle National Guard Readiness Center $17,500 $17,500 $17,500 $17,500 $17,500 $17,500 $17,500 $17,500 $17,500 N/A $17,500 MARYLAND Sykesville National Guard Readiness Center $19,000 $19,000 $19,000 $19,000 $19,000 $19,000 $19,000 $19,000 $19,000 N/A $19,000 MINNESOTA Arden Hills National Guard Readiness Center $39,000 $39,000 $39,000 $39,000 $39,000 $39,000 $39,000 $39,000 $39,000 N/A $39,000 MISSOURI Springfield $32,000 $32,000 $32,000 $32,000 $32,000 N/A NEW MEXICO VIRGINIA Las Cruces Fort Pickett National Guard Readiness Center Training Aids Center $8,600 $8,600 $8,600 $8,600 $8,600 $8,600 $8,600 $8,600 $8,600 N/A $8,600 $4,550 $4,550 $4,550 $4,550 $4,550 $4,550 $4,550 $4,550 $4,550 N/A $4,550 Fort Belvoir $15,000 $15,000 $15,000 $15,000 $15,000 N/A WASHINGTON Turnwater National Guard Readiness Center *All Dollars in Thousands $31,000 $31,000 $31,000 $31,000 $31,000 $31,000 $31,000 $31,000 $31,000 N/A $31,000 5
AIR NATIONAL GUARD* ACCOUNT POTUS HASC HAC TOTAL MILCON Funding $157,000 $161,491 $203,391 $203,391 $161,491 $161,491 $187,491 $187,491 $161,491 $195,491 $14,491 $171,491 MILCON By State CALIFORNIA LOCATION March AFB PROJECT RPA Flight Unit TFI Construction POTUS HASC HAC SASC SASC SAC SAC FROM FROM $15,000 $15,000 $15,000 $15,000 $15,000 $15,000 $15,000 $15,000 $15,000 N/A $15,000 COLORADO Peterson AFB Space Control Facility $8,000 $8,000 $8,000 $8,000 $8,000 $8,000 $8,000 $8,000 $8,000 N/A $8,000 CONNECTICUT INDIANA Bradley IAP Base Entry Complex Construction $7,000 $7,000 $7,000 $7,000 $7,000 $7,000 $7,000 $7,000 $7,000 N/A $7,000 Fort Wayne IAP $1,900 $1,900 N/A Hulman Regional Airport $8,000 $8,000 $8,000 $8,000 $8,000 N/A KENTUCKY Louisville IAP Add/Alter Response Forces Facility $9,000 $9,000 $9,000 $9,000 $9,000 $9,000 $9,000 $9,000 $9,000 N/A $9,000 MISSISSIPPI Jackson IAP $8,000 $8,000 $8,000 $8,000 $8,000 N/A MISSOURI NEW YORK OHIO Rosecrans Memorial Airport Hancock Field Toledo Express Airport Replace Communication Facility Add to Flight Training Unit, Building 641 Construct Alert Hangar- NORTHCOM $10,000 $10,000 $10,000 $10,000 $10,000 $10,000 $10,000 $10,000 $10,000 N/A $10,000 $6,800 $6,800 $6,800 $6,800 $6,800 $6,800 $6,800 $6,800 $6,800 N/A $6,800 $15,000 $15,000 $15,000 $15,000 $15,000 $15,000 $15,000 $15,000 $15,000 N/A $15,000 Rickenbacker IAP $8,000 $8,000 N/A OKLAHOMA Tulsa IAP $8,000 $8,000 $8,000 $8,000 $8,000 N/A OREGON Klamath Falls IAP Construct Control Hangar Construct Indoor Range $10,500 $10,500 $10,500 $10,500 $10,500 $10,500 $10,500 $10,500 $10,500 N/A $10,500 $8,000 $8,000 $8,000 $8,000 $8,000 N/A $8,000 SOUTH DAKOTA TENNESSEE Joe Foss Field McGhee- Tyson Airport Maintenance Shops Replace KC-135 Hangar $12,000 $12,000 $12,000 $12,000 $12,000 $12,000 $12,000 $12,000 $12,000 N/A $12,000 $25,000 $25,000 $25,000 $25,000 $25,000 $25,000 $25,000 $25,000 $25,000 N/A $25,000 WISCONSIN Dane County Airport $8,000 $8,000 $8,000 N/A *All Dollars in Thousands 6
LEGISLATIVE PROVISIONS OF INTEREST SEC. 8042. None of the funds available in this Act may be used to reduce the authorized positions for military technicians (dual status) of the Army National Guard, Air National Guard, Army Reserve and Air Force Reserve for the purpose of applying any administratively imposed civilian personnel ceiling, freeze, or reduction on military technicians (dual status), unless such reductions are a direct result of a reduction in military force structure. SEC. 8044. Funds appropriated in this Act for operation and maintenance of the Military Departments, Combatant Commands and Defense Agencies shall be available for reimbursement of pay, allowances and other expenses which would otherwise be incurred against appropriations for the National Guard and Reserve when members of the National Guard and Reserve provide intelligence or counterintelligence support to Combatant Commands, Defense Agencies and Joint Intelligence Activities, including the activities and programs included within the National Intelligence Program and the Military Intelligence Program: Provided, That nothing in this section authorizes deviation from established Reserve and National Guard personnel and training procedures. SEC. 8055. (a) Notwithstanding any other provision of law, the Chief of the National Guard Bureau may permit the use of equipment of the National Guard Distance Learning Project by any person or entity on a space-available, reimbursable basis. The Chief of the National Guard Bureau shall establish the amount of reimbursement for such use on a case-by-case basis. (b) Amounts collected under subsection (a) shall be credited to funds available for the National Guard Distance Learning Project and be available to defray the costs associated with the use of equipment of the project under that subsection. Such funds shall be available for such purposes without fiscal year limitation. SEC. 8064. Notwithstanding section 12310(b) of title 10, United States Code, a Reserve who is a member of the National Guard serving on full-time National Guard duty under section 502(f) of title 32, United States Code, may perform duties in support of the ground-based elements of the National Ballistic Missile Defense System. REPORT LANGUAGE Military Personnel Overview (pg. 9) The agreement provides the resources required for an additional 8,500 active forces and 1,000 selected reserve forces, as authorized by current law and above the requested end strength levels, in order to meet operational needs for fiscal year 2018. The agreement also provides the funding necessary to support a 2.4 percent pay raise for all military personnel, as authorized, effective January 1, 2018. UH 60 Black Hawk (pg. 52) The agreement includes funding for 56 UH-60 Black Hawk M models, an increase of eight aircraft above the budget request. Of the 48 aircraft funded within the budget request, 12 are designated only for the Army National Guard. In addition, the eight aircraft included above the budget request are designated only for the Army National Guard. 7
High Mobility Multipurpose Wheeled Vehicle (HMMWV) Modernization (pg. 57) Important safety technologies like Antilock Brake Systems (ABS) and Electronic Stability Control (ESC) play a critical role on the High Mobility Multipurpose Wheeled Vehicle (HMMWV) fleet. The agreement supports the incorporation of ABS/ESC into the HMMWV new production process and the HMMWV modernization process for active, reserve, and National Guard components. To ensure proper quality control during the ABS/ESC installation process for new and enduring active, reserve, and National Guard HMMWVs, the Secretary of the Army is directed to ensure that installation of ABS on all HMMWVs shall be performed during the HMMWV new production process or the HMMWV modernization process, when the HMMWV produced is new, or returned to a zero-hour, zero-mile, like-new condition. F 15 Infared Search and Track (pg. 65) The Secretary of the Air Force is directed not to obligate funds provided for F-15 infrared search and track pods until 15 days after the Secretary of the Air Force submits to the congressional defense committees a report certifying that the pods to be procured will meet or exceed the threshold parameters identified in the report submitted pursuant to Section 219 of the National Defense Authorization Act for Fiscal Year 2016. This report may be submitted in classified form. Joint Surveillance Target Attack Radar System (JSTARS) Recapitalization (pgs. 83 84) In February 2018, the Air Force detailed its new position to Congress to terminate the Joint Surveillance Target Attack Radar System (JSTARS) recapitalization program and pursue alternatives. Despite years of affirmations to Congress on the need to pursue JSTARS recapitalization and an ongoing source selection process, the Air Force asserts that the program will not be viable in future contested environments and lacks compelling improvements over legacy capabilities. The proposal to cancel JSTARS recapitalization, pursue alternatives, and ensure no duplication between efforts requires careful consideration by Congress through the fiscal year 2019 budget process. Therefore, the agreement provides $405,451,000 for JSTARS recapitalization and designates this funding as a congressional special interest item. The Secretary of the Air Force is directed to neither transfer the funding from JSTARS recapitalization, nor utilize these funds for any purpose other than the JSTARS recapitalization program of record as presented with the fiscal year 2018 budget request, unless the congressional defense committees receive and approve a prior approval reprogramming request. The Secretary of Defense is directed to submit a report to the congressional defense committees not later than 90 days after the enactment of this Act that addresses the following: 1. The plan for divestment of the current E-8C JSTARS fleet and options for sustaining the fleet at a level above that plan; 2. Whether it is technically feasible to address concerns regarding the survivability of the JSTARS recapitalization platform by changing system attributes or performance parameters (such as radar range and size, weight, power and cooling margin); 3. The cost and schedule of alternatives to JSTARS recapitalization that are funded in the fiscal year 2019 budget submission and accompanying future years defense plan; and 4. The cost and schedule to procure additional weapon systems (including Army and Navy systems) that can fulfill mission requirements similar to those performed by JSTARS in order to prevent loss of capacity to support the combatant commanders. National Guard and Reserve Equipment (NGREA) (pg. 123) The agreement provides $1,300,000,000 for National Guard and Reserve Equipment (Note: The National Guard received the majority of the total $1.3 billion of NGREA [66%]) $429,000,000 is designated for the Army National Guard; $429,000,000 for the Air National Guard. 8
Other Reserve Components received the following amounts: $169,000,000 for the Army Reserve; $65,000,000 for the Navy Reserve; $13,000,000 for the Marine Corps Reserve; and $195,000,000 for the Air Force Reserve. This funding will allow the reserve components to procure high priority equipment that may be used for combat and domestic response missions. Current reserve component equipping levels are among the highest in recent history and the funding provided by the agreement will help ensure component interoperability and sustained reserve component modernization. The Secretary of Defense is directed to ensure that the account be executed by the Chiefs of the National Guard and reserve components with priority consideration given to the following items: acoustic hailing devices, active electronically scanned array radars, advanced cargo handling systems for CH-47s, advanced targeting pods, combat uniforms and cold weather protective clothing, crashworthy ballistically tolerant auxiliary internal and external fuel systems, digital radar warning receivers for F-16s, electromagnetic inflight propeller balance systems, joint threat emitters, large aircraft infrared countermeasures, modular container systems for palletized cargo, modular and selfcontained ranges, MQ-9 deployable launch and recovery element mission support kits, portable high frequency radios and antennas, radar warning receivers for C-17s, radiac sets, satellite broadband for aircraft, commercial-off-the-shelf training systems/simulators including for small arms simulation, sun shades, unmanned systems for rapid emergency search and rescue support, unstabilized gunnery crew and small arms trainers, and wireless mobile mesh self-healing network systems. Military Construction, Army National Guard (pg. 6, MILCON VA report language) The agreement provides $220,652,000 for Military Construction, Army National Guard. Within this amount, the agreement provides $16,271,000 for study, planning, design, architect and engineer services. The agreement also provides an additional $10,000,000 to supplement unspecified minor military construction. Military Construction, Air National Guard (pg. 6, MILCON VA report language) The agreement provides $171,491,000 for Military Construction, Air National Guard. Within this amount, the agreement provides $18,000,000 for study, planning, design, architect and engineer services. The agreement also provides an additional $10,000,000 to supplement unspecified minor military construction. 9