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The National Defense Authorization Act (NDAA) Fiscal Year 2013, S. 3254

As of 4 June 2012
(Senate Armed Services Committee (SASC) passed

Overview

On 24 May 2012, the Senate Armed Services Committee (SASC) passed the Fiscal Year 2013 (FY13) National Defense Authorization Act (NDAA), reported on 4 June 2012 as S. 3254, by a 26-0 vote. Senator Carl Levin (D-MI), SASC Chairman, stated, “The committee has approved a bill that maintains a strong flexible national defense, and also exercises careful stewardship of taxpayer dollars, remaining within the topline of the president’s budget request.” The President’s budget request for FY 2013 was $631.6 billion, which included $525.3 billion for the base budget of the DOD, and $88.5 billion for overseas contingency operations (OCO), which funds the war in Afghanistan. The SASC passed bill authorized $631.4 billion for national defense programs, an authorization of $498 million more than requested for the base budget of DOD, which the bill contains $525.8 billion for, but $301 million less than requested for OCO, which the bill contains $88.2 billion for.

Highlights of the bill include an across the board pay raise of 1.7% for military personnel and not authorizing the Department of Defense (DOD) proposals that would establish enrollment fees for TRICARE for Life and increase TRICARE deductibles.  The House passed its version of the FY13 NDAA on 18 May 2012 by a vote of 299-120.  Below is a more detailed analysis of the SASC approved FY13 NDAA, S. 3254.

U.S. Navy and Navy Reserve End Strength

S. 3254, Sections 401, 411, 412 and 415, contain the U.S. Navy and Navy Reserve end-strength as follows:

End Strength

FY12

FY13 Budget Request

S.3254 FY13 NDAA

Active Duty US Navy

325,700

322,700

322,700

US Navy Reserve
66,200 62,500 62,500
U.S. Navy Reserve Active Guard-Reserve (AGR)
10,337
10,114 10,114
U.S. Navy Reserve Active Duty Operational Support (ADOS)
6,200
6,200 6,200

Operation And Maintenance Authorizations

United States Navy FY13 Base Funding- Operation and Maintenance (O&M)
S. 3254, in the funding table of Section 4301, includes $41.58 billion for O&M Base Funding.  The President’s Budget request includes $41.6 billion for Navy O&M.  This is a $23 million decrease from the President’s FY13 request (a 0.05% decrease).

U.S. Navy Account

FY13 Budget Request

H.R. 4310- FY13 NDAA

Increase/Decrease from Budget Request

O&M

41,606,943

41,583,943

-23,000

All Dollars Listed in Thousands

United States Navy Reserve FY13 Base Funding- Operation and Maintenance (O&M)
S. 3254, in the funding table of Section 4301, contains $1.2 billion for Navy Reserve O&M.  The President’s Budget request includes $1.2 billion for Navy Reserve O&M.  This fully funds the President’s FY13 request.

Navy Reserve Account

FY13 Budget Request

S.3254- FY13 NDAA

Increase/Decrease from Budget Request

O&M

1,246,982

1,246,982

0

All Dollars Listed in Thousands

Military Construction Authorizations

United States Navy and Marine Corps FY13 Military Construction Funding (MILCON)
S. 3254, in the funding table of Section 4601 includes $1.6 billion for Navy and Marine Corps MILCON Funding.  The President’s Budget request includes $1.7 billion for Navy and Marine Corps MILCON.  This is a decrease of $55.8 million from the President’s FY13 request (a 3.1% decrease).

U.S. Navy Account

FY13 Budget Request

H.R. 4310- FY13 NDAA

Increase/Decrease from Budget Request

MILCON

1,701,985

1,648,228

-55,757

All Dollars Listed in Thousands

United States Navy and Marine Corps Reserve FY13 Military Construction Funding (MILCON)
S. 3254, in the funding table of Section 4601 contains $49.5 million for Navy and Marine Corps Reserve MILCON.  The President’s Budget request includes $49.5 million for Navy and Marine Corps Reserve MILCON.  This fully funds the President’s FY13 request.

Navy Reserve Account

FY13 Budget Request

H.R. 4310- FY13 NDAA

Increase/Decrease from Budget Request

MILCON

49,532

49,532

0

All Dollars Listed in Thousands

Overseas Contingency Operations, Operation And Maintenance Authorizations

United States Navy FY13 Overseas Contingency Operations (OCO) Funding- Operation and Maintenance (O&M)
S. 3254, in the funding table of Section 4302, contains $5.9 billion for Navy OCO- O&M Funding.  The President’s Budget request includes $5.9 billion for Navy OCO-O&M funding.  This fully funds the  President’s FY13 request.

U.S. Navy Account

FY13 Budget Request

H.R. 4310- FY13 NDAA

Increase/Decrease from Budget Request

OCO-O&M

5,880,395

5,850,395

0

All Dollars Listed in Thousands

United States Navy Reserve FY13 Overseas Contingency Operations (OCO) Funding- Operation and Maintenance (O&M)
S. 3254, in the funding table of Section 4302, contains $55.9 million for Navy Reserve OCO- O&M funding.  The President’s Budget request includes $55.9 million for Navy Reserve OCO-O&M funding.  This fully funds the President’s FY13 request.

Navy Reserve Account

FY13 Budget Request

H.R. 4310- FY13 NDAA

Increase/Decrease from Budget Request

OCO-O&M

55,924

55,924

0

All Dollars Listed in Thousands

National Guard And Reserve Equipment Account

The National Guard and Reserve Equipment Account (NGREA), a Congressionally added account for the Reserve Component to acquire otherwise unspecified essential modifications and updates to much needed equipment, is allocated in the funding table of Section 4102 of S. 3254, at $0.

Other Legislative Provisions

S. 3254 contains a number of additional provisions pertaining to the Navy and Navy Reserve.  Below you will find a summary, compiled from the actual bill text and analysis by the Association of the United States Navy:

Sec. 101. Procurement For Navy F/A-18 E/F Fighter Aircraft
In this section of S. 3254, in the funding table of Section 4101, there is added an additional $60 million for advance procurement for F/A-18E/F (Super Hornet) or EA-18G (Growler) aircraft to be obligated only if the Navy budget request for FY14 for F-18 aircraft includes buying more than 13 new aircraft 

Sec. 102. Navy and Marine Corps Procurement
In this section of S. 3254, as also described in the funding table of Section 4101, the following is authorized for the Navy and Marine Corps for FY13 Procurement; $17.2 billion for aircraft (an increase of about $60 million from the President’s FY13 Budget Request), $3.12 billion for weapons (an increase of about $7.7 million from the President’s FY13 Budget Request), $14.4 billion for shipbuilding and conversion (an increase of about $778 million from the President’s F13 Budget Request), $659 million for Navy and Marine Corps ammunition (a decrease of about $101 million from the President’s FY13 Budget Request) and $6.2 billion for Other Navy Procurement (which fully funds the President’s FY13 Budget Request).

Sec. 121. Refueling And Complex Overhaul Of U.S.S. Abraham Lincoln
In this section of S. 3254, of the amount made available for shipbuilding and conversion for the Navy for FY13, $1.6 billion is authorized to be made available for the commencement of the nuclear refueling and complex overhaul of the U.S.S. Abraham Lincoln (CVN-72).

SEC. 122. Extension of Ford-Class Aircraft Carrier Construction Authority
In this section of S. 3254, the construction authority for the Ford Class Carrier is expanded from five years to six years (CVN-79 and CVN-80).

Sec. 123. Limitation On Availability Of Amounts For Second Ford-Class Aircraft Carrier
In this section of S. 3254, there is a limitation on the obligations of funds to be 50% of the amount in the budget for the Ford-Class carrier program, pending submission by the Secretary of the Navy to the Congressional defense committees setting forth a description of the program management and cost measure that will be employed in constructing the second Ford-Class carrier.

Sec. 124. Multiyear Procurement Authority For Virginia Class Submarine Program
In this section of S. 3254, the Secretary of the Navy may enter into multiyear contracts, beginning with the FY14 program year, for the procurement of not more than 10 Virginia class submarines (increasing authorization of $777.7 million in Advance Procurement to provide a down payment on the second boat in FY14).

Sec. 125. Multiyear Procurement Authority for Arleigh Burke Class Destroyers and Associated Systems
In this section of S. 3254, the Secretary of the Navy is given authority, beginning with FY13, to enter into multiyear contracts for the procurement of Arleigh Burke class guided missile destroyers as well as the AEGIS Weapon Systems, MK 41 Vertical Launching Systems and Commercial Broadband Satellite Systems associated with those vessels.

Sec. 126. Authority For Relocation Of Certain Aegis Weapon System Assets Between And Within The Ddg-51 Class Destroyer And Aegis Ashore Programs In Order To Meet Mission Requirements
In this section of S. 3254, DOD is allowed to transfer AEGIS weapon systems (AWS) equipment between ships in the DDG-51 class destroyer program or between the DDG-51 class destroyer program and Missile Defense Agency’s (MDA) AEGIS Ashore Program.

Sec. 127. Designation Of Mission Modules Of The Littoral Combat Ship As A Major Defense Acquisition Program
In this section of S. 3254, the Secretary of Defense is required to designate the effort to develop and produce all variants of the mission modules in support of the Littoral Combat Ship program and directs the Secretary of the Navy to provide the Congressional defense committees, no later than 30 days after enactment of the act, with the Department of the Navy’s estimates as to the cost of completing the development and production of each mission module, operative as of 31 May 2012.

SEC. 131. SENSE OF SENATE ON DEPARTMENT OF NAVY FISCAL YEAR 2014 BUDGET REQUES FOR TACTICAL AVIATION AIRCRAFT
In this section of S. 3254, there is a sense of the Senate that if the Budget Request for the Department of the Navy for FY14 for F-18 aircraft includes a request for more than 13 new F-18’s, the budget request of the Department of the Navy for FY14 for F-35B aircraft should include a request for funds for not fewer than 6 F-35B aircraft and 4 F-35C aircraft, presuming that development, testing and production of the F-35 aircraft are proceeding according to current plans.

Sec. 151. Multiyear Procurement Authority for V-22 Joint Aircraft Program
In this section of S. 3254, the Secretary of the Navy may enter into a multiyear contract, or contracts, beginning with the FY13 program year, for the procurement of V-22 aircraft for the Department of the Navy and the United States Special Operations Command.

SEC. 251. REPORT ON LITTORAL COMBAT SHIP MISSION PACKAGES
In this section of S. 3254, the Secretary of the Navy shall submit to the Congressional defense committees a report on the mine countermeasures warfare, antisubmarine warfare and surface warfare mission packages for the Littoral Combat Ship (LCS).

Sec. 502. Exception to 30 Year Retirement for Regular Navy Warrant Officers in the Grade of Chief Warrant Officer, W-5
In this section of S. 3254, in the case of a regular Navy warrant officer in the grade of chief warrant officer, W-5, the officer shall be retired 60 days after the date on which the officer completes 33 years of total active service.

SEC. 512. RESERVE COMPONENT SUICIDE PREVENTION AND RESILIENCE PROGRAM
In this section of S. 3254, the Suicide and Prevention and Community Healing and Response Program for National Guard and Reserve Component members, would be moved from within the Office for Reintegration Programs to the Office of the Secretary of Defense.

Sec. 523. Authority for Additional Behavioral Health Professionals to Conduct Pre-Separation Medical Exams for Post-Traumatic Stress Disorder
In this section of S. 3254, the definition of a Health Professional is amended to included psychiatrist, licensed clinical social worker or psychiatric nurse practitioner.

SEC. 541. AUTHORITY TO RETAIN OR RECALL TO ACTIVE DUTY RESERVE COMPONENT MEMBERS WHO ARE VICTIMS OF SEXUAL ASSAULT WHILE ON ACTIVE DUTY
In this section of S. 3254, service Secretaries are authorized upon the request of the member concerned, to retain on active duty or return to active duty for completion of a line of duty determination reserve component members who are alleged victims of sexual assault while on active duty.

Sec. 553. Support of Naval Academy Athletic Programs
In this section of S. 3254, the Secretary of the Navy may enter into agreements, including cooperative agreements, with the Naval Academy Athletic Association to manage any aspect of the athletic and physical fitness programs of the Naval Academy.

SEC. 555. AUTHORITY FOR SERVICE COMMITMENT FOR RESERVISTS WHO ACCEPT FELLOWSHIPS, SCHOLARSHIPS, OR GRANTS TO BE PERFORMED IN THE SELECTED RESERVE
In this section of S. 3254, members of the Selected Reserve would be authorized to fulfill a service obligation incurred for acceptance of a fellowship, scholarship or grant by serving on active duty for a period of at least three times the length of the period of the education, training or in the Selected Reserve for a period of at least five times the length of the period of the education or training.

SEC. 574. EMPLOYMENT OF MILITARY SPOUSES
In this section of S. 3254, there would be a provision that would codify and expand authority for non-competitive hiring in the civilian workforce for certain military spouses.

Sec. 611.  One-Year Extension of Certain Bonus and Special Pay Authorities for Reserve Forces
In this section of S. 3254, there would be extended the authority for the Selected Reserve reenlistment bonus, the Selected Reserve affiliation or enlistment bonus, special pay for enlisted members assigned to certain high-priority units, the Ready Reserve enlistment bonus for persons without prior service, the Ready Reserve enlistment and reenlistment bonus for persons with prior service, the Selected Reserve enlistment and reenlistment bonus for persons with prior service, income replacement payments for Reserve Component members experiencing extended and frequent mobilization for active duty service, and the authority to reimburse travel expenses for inactive-duty training outside of normal commuting distance until 31 December 2013.

Sec. 612. One-Year Extension of Certain Bonus and Special Pay Authorities for Health Care Professionals
In this section of S. 3254, there would be extended the authority for the nurse officer candidate accession program, repayment of educational loans for certain health professionals who serve in the Selected Reserve, the accession and retention bonuses for psychologists, the accession bonus for registered nurses, the incentive special pay for nurse anesthetists, the special pay for Selected Reserve health care professionals in critically short wartime specialties, the accession bonus for dental officers, the accession bonus for pharmacy officers, the accession bonus for medical officers in critically short wartime specialties, and the accession bonus for dental specialist officers in critically short wartime specialties until 31 December 2013.

Sec. 613. One-Year Extension of Special Pay and Bonus Authorities for Nuclear Officers
In this section of S. 3254, there would be extended the authority for the special pay for nuclear-qualified officers extending a period of active service, nuclear career accession bonus, and the nuclear career annual incentive bonus until 31 December 2013.

SEC. 616. INCREASE IN AMOUNT OF OFFICER AFFILIATION BONUS FOR OFFICES IN THE SELECTED RESERVE
In this section of S. 3254, DOD would increase the maximum annual amount of the officer affiliation bonus for officers in the Selected Reserve from $10,000 to $20,000.

SEC. 632. AUTHORITY FOR COMPREHENSIVE PROGRAM FOR SPACE-AVAILABLE TRAVEL ON DEPARTMENT OF DEFENSE AIRCRAFT
In this section of S. 3254, the Secretary of Defense would have the authority to establish a program to provide transportation to Active Duty and Reserve Component members, retirees, and dependents on DOD aircraft on a space-available basis beginning 1 January 2014, or such earlier date as determined by the Secretary of Defense pursuant to regulation.

SEC. 641. REPEAL OF THE REQUIREMENT FOR PAYMENT OF SURVIVOR BENEFIT PLAN PREMIUMS WHEN PARTICIPANT WAIVES REIRED PAY TO PROVIDE A SURVIVING ANUIT UNDER FEDERAL EMPLOYEES RETIREMENT SYSTEM AND TERMINATION OF PAYMENT OF SURVIVOR BENEFIT PLAN ANNUITY
In this section of S. 3254, the Department of Defense would clarify that military retirees who have elected to participate in the Survivor Benefit Plan (SBP) and who subsequently elect to waive their military retired pay in favor of a survivor annuity under the Federal Employees Retirement System, do not have to continue paying premiums under SBP.

Sec. 701.  Extension of TRICARE Standard Coverage and TRICARE Dental Program for Members of the Selected Reserve Who Are Involuntarily Separated
In this section of S. 3254, SECDEF would be authorized to provide TRICARE Reserve Select and TRICARE dental insurance coverage for 180 days to members of the Selected Reserve who are involuntarily separated from the Selected Reserve.

SEC. 702. INCLUSION OF CERTAIN OVER THE COUNTER DRUGS IN TRICARE UNIFORM FORMULARY
In this section of S. 3254, DOD would be authorized to place selected over-the-counter drugs on the uniform formulary and make such drugs available to eligible beneficiaries.

SEC. 703. EXPANSION OF EVALUATION OF THE EFFECTIVENESS OF THE TRICARE PROGRAM
In this section of S. 3254, DOD would be required to report on access, cost and quality broadly for the military health care system (MHS), not solely for retirees as required by current law, but also children under the age of 21 and for dependents of active-duty members with severe disabilities and special needs.  This report should be submitted no later than 1 February 2013.

SEC. 713. MODIFICATION OF REQUIREMENTS ON MENTAL HEALTH ASSESSMENTS FOR MEMBERS OF THE ARMED FORCES DEPLOYED IN CONNECTION WITH A CONTIGENCY OPERATION
In this section of S. 3254, the provision limits the pre-deployment mental health assessments required under this section to those service members who will be subjected or exposed to operational risk factors during deployment in a contingency operation, and for post-deployment assessments to those who were exposed to operational risk factors during deployment in a contingency operation.

SEC. 722. RESEARCH PROGRAM TO ENHANCE DEPARTMENT OF DEFENSE EFFORTS ON MENTAL HEALTH IN THE NATIONAL GUARD AND RESERVES THROUGH COMMUNITY PARTNERSHIPS
In this section of S. 3254, the Secretary of Defense is to carry out a research program with community partners to enhance DOD efforts in research, treatment, education and outreach on mental health, substance abuse disorders and traumatic brain injury (TBI) in National Guard and Reserve members, families and caregivers.

SEC. 1004. REPORT ON EFFECTS OF BUDGET SEQUESTRATION ON THE DEPARTMENT OF DEFENSE
In this section of S. 3254, the Secretary of Defense is to submit to Congressional defense committees a report no later than 15 August 2012 on the impact on DOD that sequestration of funds authorized and appropriated for FY13 for the Department if automatically triggered on 2 January 2013.

SEC. 1021.  REQUIREMENT OF NAVAL VESSELS
In this section of S. 3254, the Chief of Naval Operations (CNO) is directed to produce a report that would set forth the comprehensive description of the current requirements of the Navy for combatant vessels of the Navy, including submariners.  The provision would require that, if the number of these vessels is less than 313 ships, the report would have to include the justification of the CNO for that small number and an explanation of how that small number is consistent with the recently revised strategic guidance issued by the President and Secretary of Defense in 2012.

SEC. 1044. PARTICIPATION OF VETERANS IN THE TRANSITION ASSISTANCE PROGRAM OF THE DEPARTMENT OF DEFENSE
In this section of S. 3254, veterans would be authorized to participate in the Transition Assistance Program (TAP) of DOD for 1 year following discharge or separation from the armed forces.

Sec. 1402. National Defense Sealift Fund
In this section of S. 3254, as also described in the funding table of Section 4501, $608.1 million is authorized to be appropriated for Fiscal Year 2013 (FY130 for the National Defense Sealift Fund (the same as the President’s FY13 Budget Request).

Sec. 1403. Defense Health Program
In this section of S. 3254, as also described in the funding table of Section 4501, $33 billion is authorized to be appropriated for the DOD Defense Health Program (DHP) (an increase of about $452 million).

Sec. 1502. Navy and Marine Corps OCO Procurement
In this section of S. 3254, as also described in the funding table of Section 4102, $165 million is authorized to be appropriated for Navy aircraft procurement, $23.5 million is authorized to be appropriated for Navy weapons procurement, $286 million is authorized to be appropriated for Navy ammunition procurement and $99 million is authorized to be appropriated for Other Navy procurement (this fully funds the President’s FY13 Request).

SEC. 1604. MILITARY COMPENSATION AND RETIREMENT MODERNIZATION COMMISSION
In this section of S. 3254, the Executive Branch is to establish an independent commission called the Military Compensation and Retirement Modernization Commission, to be composed of nine members appointed by the President, in consultation with Chairmen and Ranking Members of the defense committees to review current DOD retirement programs.

SEC. 2202. Family House (Navy)
In this section of S. 3254, the Secretary of the Navy may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $4.5 million.

Sec. 2203. Improvements to Military Family Housing Units (Navy)
In this section of S. 3254, the Secretary of the Navy may improve existing military family housing units in an amount not to exceed $97.7 million.

SEC. 2704. CRITERIA FOR DECISION INVOLVING BASE CLOSURE AND REALIGNMENT ACTIVITIES
In this section of S. 3254, the Comptroller General is directed to develop objective criteria to be used by DOD to make decisions relating to realignments of units employed at military installations.  It also includes a 1 year moratorium on implementation of any realignment that would result in military installations to no longer be covered under section 2687 of Title 10 USC.

SEC. 2843. CONGRESSIONAL NOTIFICATION WITH RESPECT TO OVERSIGHT AND MAINTENANCE OF BASE CEMETERIES FOLLOWING CLOSURE OF OVERSEAS MILITARY INSTALATIONS
In this section of S. 3254, DOD would be required to give notification with respect to oversight and maintenance of base cemeteries following the closure of overseas military installations.

Posted in: Advocacy, NDAA, Budget

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