The Administration supports prompt congressional consideration of its national
defense authorization legislative proposal for FY 1998. As reported by the
Committee on National Security, however, H.R. 1119 raises serious budget,
policy, and management concerns.
Of particular concern, H.R. 1119 would: (1) contrary to the Bipartisan Budget
Agreement, reallocate funds from the Department of Energy's (DOE) 1998 defense
discretionary budget request to Department of Defense (DOD) programs; and (2)
impose severe restrictions on management of DOD's depot contracting process.
The President's senior advisers would recommend that he veto a final conference
bill that fails to address these concerns. In addition, if any amendment is
adopted that would mandate a date certain for withdrawal of U.S. forces from
Bosnia, the President's senior advisers would also recommend that he veto the
Violation of Bipartisan Budget Agreement
H.R. 1119 is inconsistent with the Bipartisan Budget Agreement. While
authorizing overall appropriation levels for National Defense consistent with
the Agreement, the bill would cut $2.6 billion from DOE programs intended for
vital environmental cleanup activities and ongoing construction projects. At
the expense of these high priority activities, the appropriations are
reallocated to unrequested procurement programs for the DOD. For example, the
bill would cancel DOE's $1.0 billion privatization initiative for nuclear waste
cleanup. Failure to invest in privatization contracts for cleanup activities
promotes the continued use of more costly, traditional DOE contracting
approaches. This would result in a substantial increase to DOE's cleanup costs
in future years. In addition, DOE would not be able to support critical
environmental projects required under legally enforceable compliance
agreements. Cleanup costs would increase further as facilities deteriorate and
contamination spreads. As a consequence, within the limits of the defense
spending levels in the Budget Agreement, DOE would incur a substantial budget
shortfall in critical departmental functions. Decreased federal oversight of
Department of Energy programs would increase the likelihood of contractor waste
Depot Maintenance Competition
Section 333 of H.R. 1119 effectively prohibits DOD from contracting for
depot-level weapons maintenance and repair by the private sector at any
military installation that was identified for closure in the 1995 Base
Realignment and Closure (BRAC) round. This provision contravenes not only the
best interests of the taxpayers, but also congressional intent to improve DOD's
business practices and the BRAC Commission's recommendations. It would
preclude DOD from conducting its competitions to determine where maintenance
work can best be performed to save taxpayer dollars and protect military
readiness. Without these competitions, the Department could lose hundreds of
millions of dollars in savings that would otherwise be used to purchase modern
weapons systems. Additionally the provision, in effect, limits the location at
which maintenance work can be performed, a mandate that is opposite the notion
of DOD using competition to improve its business practices. This is an issue
the House leadership has championed to date. Furthermore, for the Air Force,
this provision could require a transfer of all consolidated maintenance
workloads from two Air Force bases to other DOD depots, requiring a massive
effort with significant risk of disruption in mission performance and
degradation in military readiness. Finally, this provision represents an
unprecedented interference with the BRAC process.
Bosnia Withdrawal Amendment
The Administration understands that an amendment may be offered that would
mandate a date certain for withdrawal of U.S. forces from Bosnia. Such an
amendment could jeopardize the safety of our troops and damage our national
security interests. It would seriously undercut the U.S. commitment to help
implement the Dayton Peace Accords and successfully complete the NATO-led
mission in Bosnia, resulting in a serious loss in U.S. credibility with the
Bosnian parties, with our allies, and with other countries participating in the
Stabilization Force (SFOR) operation.
The Administration continues to believe that the duration of SFOR's mission
should provide sufficient time to establish conditions to maintain security and
stability in Bosnia without an outside military presence. However, this effort
can only succeed if the parties and the international community remain assured
of U.S. leadership and commitment to peace in Bosnia.
Base Closure and Realignment. The Administration is disappointed that
the Committee did not adopt the Department's proposal to authorize two
additional rounds of base closure and realignment in 1999 and 2001. Defense's
base infrastructure is far too large for its military forces and must be
reduced if the Department is to obtain adequate appropriations for readiness
and for modernization requirements for the next decade.
Arms Control Programs. The bill reduces appropriation authorizations
for DOD's Cooperative Threat Reduction program and for DOE's nonproliferation
programs by over 25 percent from the Administration's request. This would: (1)
delay by one year the core-conversion program that will greatly reduce the
amount of weapons-grade material produced by Russian nuclear reactors; (2)
delay security upgrades at the storage sites for Russian nuclear warheads and
potentially other sites that store nuclear materials; and (3) slow efforts to a
ssist Russia with the destruction of its chemical weapons. The Administration
urges the House to restore appropriation authorizations to the requested level
for these important and highly effective means of enhancing U.S. security
through eliminating foreign weapons of mass destruction and preventing weapons
Increases for Procurement Programs Not In the Future Years Defense Program
(FYDP). H.R. 1119 adds $3.7 billion to the Administration's request for
procurement. Some of these increases, however, are for programs that are not
in the FY 1998-2003 FYDP and are of questionable value to the Department's
overall plans to modernize military forces. These additions include: $175
million for OH-58D Kiowa Warriors Helicopters; $111 million for upgraded
Paladin Self-Propelled Artillery systems for the Army National Guard; and $81
million for upgraded Field Artillery Ammunition Support Vehicles for the Army
Rather, the Administration urges reallocation of these appropriation
authorizations to restore the DOE reductions and to support key DOD
modernization programs, such as the F/A-18E/F aircraft procurement and
development; the Navy's Arsenal Ship Demonstrator; and the next-generation
aircraft carrier, CV(X)-78.
B-2 Bombers. The Administration opposes the authorization for $331
million more than requested to reestablish elements of the B-2 production line
and to procure advance material to produce nine more bombers in the future.
The DOD concluded, in both the Deep Attack Weapons Mix Study and the
Quadrennial Defense Review (QDR), that the $20 billion cost to procure and
operate more B-2s exceeds the benefits.
F/A-18E/F. The bill authorizes only $1.3 billion for an unspecified
number of F/A-18E/F aircraft. The President's Budget requested $2.1 billion
for 20 F/A-18E/Fs. A cut of this magnitude would be extremely disruptive to
the program, as it "ramps up" from 12 aircraft in FY 1997 to 20 aircraft in
FY 1998. The bill would slow production and reduce anticipated efficiencies.
Attack Submarine Procurement. H.R. 1119 would block the plan to
construct New Attack Submarines using an innovative teaming arrangement between
the two shipbuilders. Shipyard teaming will reduce procurement costs from
current statutory requirements while meeting the Congress' intent to involve
both shipyards in nuclear submarine construction, avoid a potentially
destructive competition for future submarine construction and preserve the
submarine industrial base. The Administration urges Congress to support its
DOE Program Direction. The bill would reduce appropriation
authorizations for DOE Program Direction by $221 million. That would require
large Reductions in Force (RIFs) of Federal employees beyond cuts already
planned, and a 50 percent reduction in support services. The reductions would
severely harm DOE's efforts to improve management of contracts on which the
Department spends nearly $10 billion per year. The reductions would disrupt
critical activities and restrict DOE's ability to assure the safety of its
DOE Community Assistance. Defense-related downsizing has reduced
contractor employment at DOE sites by 40,000 (25 percent). By denying
authorization of the Administration's request of $28.3 million for development
assistance to communities impacted by this downsizing, the Committee would
forego the creation of 1,900 jobs in six communities.
Other Objectionable Provisions
Micromanagement of the Department of Defense. H.R. 1119 would undercut
the Secretary's managerial authority and seek to micromanage Defense
operational programs. Most significantly, the bill would: (1) impose
unnecessary restrictions on the Seawolf attack submarine; (2) impose
unreasonable restrictions on the reprogramming of Operations and Maintenance
funds that would deny base and unit level commanders the latitude to realign
funds as dictated by mission requirements; (3) unilaterally transfer oversight
of morale, welfare, and recreation (MWR), commissary and exchanges to U.S.
Defense (Comptroller); (4) constrain the ability of the Secretary of Defense to
oversee the Ballistic Missile Defense Office; and (5) impose limits on funding
levels for the Office of the Secretary of Defense.
Bosnia. The Administration is concerned that the bill would withhold
funds from the Military Services pending the submission of a detailed report on
the future of the U.S. Bosnian mission and the political and military
environment in the region. Demanding such onerous reporting requirements in
the midst of ongoing operations diverts manpower resources from focusing upon
and accomplishing the important tasks at hand.
Counter-drug, Humanitarian Deminning. The Administration regrets that
the Committee did not approve the Department's proposals to revise authorities
for the counter-drug and humanitarian demining programs. The Administration's
proposed revision of counter-drug authorities is a key component of the
National Drug Control Strategy and would allow us to adapt counter-drug
operations to changes in drug trafficking patterns in Columbia and Peru.
Active Duty End Strength. The Administration is concerned that H.R.
1119 imposes end strength floors. In light of additional manpower reductions
recommended by the QDR, continuation of personnel floors would be disruptive to
the Department's plans to implement the QDR.
White House Communication Agency (WHCA). The Administration objects to
the reduction to the WHCA's operating budget. The Administration has worked
with the Congress in a good faith effort to accurately portray WHCA
expenditures. This reduction appears to have been based on incorrect
information concerning WHCA's current year funding.
Exempting Navy and MARAD Ship Disposal from the Toxic Substances Control Act.
The Administration objects to exempting the sale or sinking of Naval
vessels from the Toxic Substances Control Act (TSCA) and Maritime Protection
Research and Sanctuaries Act. While the Navy and MARAD face a serious problem
due to their inability to dispose of ships, the Administration has not yet
determined the best method for resolving these difficulties. Thus, the
provision is premature. The Administration is working toward a solution that
allows Navy and MARAD to dispose of ships in a timely manner while retaining
adequate environmental controls on the process.
Military Pay Raise. The Administration is gratified that Congress
provided a 2.8 percent raise as requested by the President for military
members. It is concerned, however, that the delinking of civilian and military
pay raises could create significant equity and budgetary issues, especially in
an era of declining resources.
Termination of the Ready Reserve Mobilization Income Insurance Program.
We are gratified to see that H.R. 1119 responds to the Administration's
concerns about the Ready Reserve Mobilization insurance program and will pay
all promised benefits while keeping the integrity of the insurance concept
H.R.1778 - Defense Reform Amendment
The Administration shares many of the goals of the Defense Reform Bill, H.R.
1778, to achieve more efficient and cost effective DOD operations.
Individually, many of the provisions have merit, such as reinforcing use
procedures when buying commercial items, repealing the requirement for
contractor guarantees, promoting the use of performance-based service
contracts, and measures that expand competition. In other areas the
Administration agrees with the goals, but disagrees with the course of action
for achieving them. For example, the targets for workforce reductions ignore
the success of reduction efforts to date and, of even more concern, would leave
a workforce insufficient to ensure that DOD receives maximum value for its
money at a time when procurement budgets are increasing. Also, while the
Administration is vigorously promoting the use of purchase cards, their
mandatory use is objectionable because it removes the discretion of line
officials to use other more economical methods.
The Administration strongly disagrees with some provisions of the bill,
including the proposal relating to DOD criminal investigations and audits and
required process changes to study and notification requirements that contradict
the worthy goals of other competition and outsourcing provisions. The
Administration strongly objects to the termination of advisory committee
provisions. The establishment of an advisory committee is a tool used by the
Executive Branch to carry out its policies. We oppose any Congressional attempt
to limit the Executive Branch's ability to carry out its policies. In
addition, the Administration objects to the provision that would waive the
current lease-purchase scoring rules and other OMB directives for certain Navy
ship leases. Lease-purchase is always more expensive than outright purchase,
because the government can borrow more cheaply than the private sector.
Also of concern is Title III, which includes amendments to Superfund and other
environmental statutes. The Administration is engaged in bipartisan
negotiations on comprehensive reform, and consequently strongly opposes these
modifications to the programs outside of this process. Finally, H.R. 1778
would provide a reduced offset for early retirement and create separate buyout
authority for Defense acquisition personnel. The reduced offset provision is
objectionable on grounds of cost, precedent, and equity. The buy out provision
lacks the controls and limitations applicable to existing buy out authority.
In fact, it could result in buyout payments being given to someone who is
In summary, H.R. 1778 should be returned to Committee so that the
Administration and other stakeholders are afforded an opportunity to comment on
its wide-ranging provisions.
The Administration, as it continues its review of the bill, may identify other
issues, and will work with the Congress to address these concerns and to
develop a more acceptable bill.