Congressional Record, Volume 160 Issue 95 (Wednesday, June 18, 2014)

[Congressional Record Volume 160, Number 95 (Wednesday, June 18, 2014)]
[House]
[Pages H5454-H5487]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2015

The SPEAKER pro tempore. Pursuant to House Resolution 628 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the state of the Union for the further consideration of the bill,
H.R. 4870.
Will the gentleman from Tennessee (Mr. Duncan) kindly resume the
chair.

{time} 1659

In the Committee of the Whole

Accordingly, the House resolved itself into the Committee of the
Whole House on the state of the Union for the further consideration of
the bill (H.R. 4870) making appropriations for the Department of
Defense for the fiscal year ending September 30, 2015, and for other
purposes, with Mr. Duncan of Tennessee (Acting Chair) in the chair.
The Clerk read the title of the bill.
The Acting CHAIR. When the Committee of the Whole House rose earlier
today, a request for a recorded vote on the amendment offered by the
gentleman from Texas (Mr. Gohmert) had been postponed, and the bill had
been read through page 10, line 15.

{time} 1700

Amendment Offered by Mr. Ellison

Mr. ELLISON. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:

Page 9, line 6, after the dollar amount insert the
following: ``(reduced by $10,000,000) (increased by
$10,000,000)''.

The Acting CHAIR. Pursuant to House Resolution 628, the gentleman
from Minnesota and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Minnesota.
Mr. ELLISON. Mr. Chairman, the purpose of this amendment is very
simple. It is to help American workers as defense-related factories
wind down production. The intent of the amendment is to allocate an
additional $10 million to the Office of Economic Adjustment from the
general operations and maintenance funds.
The Office of Economic Adjustment helps communities across America
when a factory shuts down. Over the last decade of war, middle class
factory workers have stepped up to the plate to make sure our troops on
the battlefield have had the weapons and equipment they have needed. As
we transition away from two long wars and as defense production lines
slow down, we cannot leave these workers with only pink slips in their
hands. That is where the Office of Economic Adjustment comes in.
This little known but very important office in the Pentagon helps
communities that would otherwise be devastated when a factory shuts its
doors for the last time. The Office of Economic Adjustment provides
grants and technical assistance to communities so that they can develop
their own strategies to transition to a postwar economy. Just this
month, the Office of Economic Adjustment provided grants to Ohio,
Michigan, and Indiana. Nearly 4,000 defense workers have lost their
jobs in these States since 2012, but thanks to a grant from the Office
of Economic Adjustment, a regional Defense Manufacturing Assistance
Program is underway to help them find new areas of livelihood.
Simply put, the Office of Economic Adjustment helps hardworking
Americans keep their jobs, so I urge my colleagues to support this
modest amendment to create jobs and help the Americans who keep our men
and women in uniform equipped with what they need.
I would also like to submit for the Record a good article from Roll
Call which carefully details this issue of slowing down the wartime
economy. The title of it reads, ``Don't Cut Programs that Help
Communities Adjust to Pentagon Spending Reductions.'' It is dated June
9, 2014, and it is written by Miriam Pemberton and William Hartung.

[From Roll Call, June 9, 2014]

Don't Cut Programs That Help Communities Adjust to Pentagon Spending
Reductions--Commentary

(By Miriam Pemberton and William D. Hartung)

Spring budget season is almost over, and the House and
Senate have once again placed parochial politics above budget
discipline in their consideration of the Pentagon budget. The
most extreme example came in the House version of the
National Defense Authorization Act, which rejected virtually
every cost-cutting measure put forward by the Pentagon, from
base closings to retiring unneeded weapons systems. If the
House's actions aren't reversed, they would bust the current
budget caps to the tune of $50 billion over the next five
years.
There was one place the House authorizers were willing to
cut way back: a program designed to help communities adjust
to defense downsizings. This is particularly ill-advised at a
time when the Pentagon budget has been set on a path to come
down from a war-time buildup that brought it to its highest
levels since World War II.
While modest by historical terms, the defense build-down
that is now underway will demand adjustments in the
unrealistic spending plans Congress continues to authorize
for the Pentagon. And the cuts that are coming will have
impacts in scores of communities across the country.
Since the 1970s a small office within the Pentagon, the
Office of Economic Adjustment, has offered planning grants
and technical assistance to help these communities develop
their own strategies to capitalize on existing economic
strengths and adjust to postwar economic conditions. Once
these strategies are in place, the OEA serves as a point of
contact for impacted communities in accessing resources from
other federal agencies to help with implementation of their
plans. Just this week Ohio, Michigan and Indiana received a
grant of more than $2.4 million to fund a regional Defense
Manufacturing Assistance Program to address the loss of 3,900
defense-related jobs in those three states since 2012.
Most members of Congress want to base their judgments on
Pentagon spending on what is needed to defend the country.
But they also need to show defense-dependent communities,
businesses and workers in their states and districts that
they are watching out for their interests. The OEA's programs
give them a way to judge procurement spending accounts on
their merits,

[[Page H5455]]

while attending to the economic needs of their constituents.
Supporting the OEA does not mean that members of Congress
don't care about the existing jobs base. It just means that
they want in addition to have a Plan B in place in the event
of decisions that reduce Pentagon-related activities in their
areas.
It's troubling to watch the House voting to slash the OEA,
while standing firm in supporting costly, unneeded sacred
cows like the F-35 combat aircraft. Even slightly slowing the
pace of the F-35 program would pay for the OEA's programs
many times over.
The F-35--the Pentagon's most expensive weapons program
ever undertaken is--a poster child of waste. Current cost
estimates for building and maintaining the plane: roughly
$1.4 trillion over its lifetime. It has more than doubled in
price since it went into development, and it has had numerous
high profile failures, from cracked wings to unresolved
software problems. It is likely to perform many of its
assigned tasks less effectively than current generation
aircraft. An Air Force far superior to any other should be in
no rush to build over 2,400 F-35s.
The F-35 merely tops the House's list of unnecessary
expenditures. It rejected plans to delay the refueling of an
aircraft carrier at a savings of over $800 million--more than
ten times the cut proposed for the OEA. It attempts to block
the closure of excess military bases, stop the administration
from reducing the size of the Army, and prevent the Air Force
from retiring the U-2 spy plane, even as it funds Global Hawk
drones to do the same job. And the list goes on.
The common thread in all of these actions is a state of
denial about the trends in Pentagon spending. It will come
down this year, and under current law it will stabilize at
levels considerably lower than what the Pentagon's overly
ambitious plans will cost.
Funding programs that will help communities make the
transition to more diversified economies that can weather
reductions in Pentagon spending will make it easier to craft
budgets that put security concerns above pork barrel
politics. When the House and Senate put together a final
Pentagon budget proposal later this year, funding for OEA's
crucial programs should be restored.
Mr. ELLISON. I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Minnesota (Mr. Ellison).
The amendment was agreed to.

Amendment Offered by Mr. Runyan

Mr. RUNYAN. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:

Page 9, line 6, after the dollar amount, insert ``(reduced
by $6,000,000)''.
Page 29, line 7, after the dollar amount, insert
``(increased by $6,000,000)''.

The Acting CHAIR. Pursuant to House Resolution 628, the gentleman
from New Jersey and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from New Jersey.
Mr. RUNYAN. Mr. Chairman, my amendment moves $6 million to Air Force
Other Procurement to provide for a much-needed joint training platform
and for facility upgrades. More specifically, the funding is aimed at
supporting upgrades to joint training and training development
facilities at Air Force installations. The offset for this amendment
reduces the amount allocated for the Office of the Secretary of
Defense.
Over the last decade, many of the service branches have procured
various training systems and infrastructure that are in desperate need
of repair. These are not expensive upgrades, and they will preserve the
shelf life of some of the most state-of-the-art training systems in the
United States military. My amendment seeks to increase the Air Force
procurement funding to provide for critical upgrades for these
underfunded systems, technologies, and training infrastructure.
We have made great investments in our joint training aids and support
systems to ensure our servicemembers are combat ready and proficient at
a low cost for high value to the taxpayer. It would be a shame to see
these assets atrophy from the withholding of what is a relatively small
amount in comparison to our initial investments in these programs.
I urge my colleagues to support the passage of this commonsense
amendment and support our warfighters.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from New Jersey (Mr. Runyan).
The amendment was agreed to.

Amendment Offered by Mr. Delaney

Mr. DELANEY. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:

Page 9, line 6, after the dollar amount insert the
following: ``(reduced by $24,000,000)''.
Page 88, line 6, after the dollar amount insert the
following: ``(increased by $16,000,000)''.

The Acting CHAIR. Pursuant to House Resolution 628, the gentleman
from Maryland and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Maryland.
Mr. DELANEY. Mr. Chairman, I yield myself 3 minutes.
We have all been very disturbed by the recent allegations of
negligence and of the falsification of information at some of the VA
medical centers across the country. We must work together to better
serve our servicemembers, veterans, and their families, who have served
us all with such great distinction.
My amendment works to solve one specific but very important problem
facing military families.
When our warfighters and veterans need medical care, their families
are often faced with a very difficult dilemma: either to stay home
because it is too expensive to travel in order to be with their
families or to travel and bear the burden of the costs associated with
being with their loved ones at this great time of need.
Unfortunately, too many families are staying home without having the
opportunity to be with their loved ones who have served our country
when those loved ones are receiving care at a military hospital. Others
make the trip, but they often sleep in their cars or sleep in tents
that they have set up in parking lots around these hospitals. Our
veterans and servicemen and -women and their families deserve much
better than this.
My amendment increases the funding for Fisher Houses by $16 million.
This additional funding has the potential to provide more free housing
for the families of patients receiving care at military and VA
hospitals. In order to pay for this increased funding, this amendment
reduces funding for the defense-wide operations and maintenance
account, and my amendment is outlay neutral as a result.
Since 1990, over 180,000 families have been served by Fisher Houses--
more than 22,000 families in the last year alone. The services offered
by Fisher Houses have saved military families almost $240 million in
out-of-pocket expenses since the program's inception. Families do not
have to make these tough financial choices to visit and care for their
loved ones. This amendment has the potential of funding the
construction of at least four new Fisher homes next year. Four new
homes mean the lodging for 2,000 military family members.
So many men and women have served us with such distinction, and for
those who return home and who need medical care, Fisher Houses can make
a stay in a military hospital or in a clinic a little bit easier and a
little bit kinder for our soldiers and their families. No veteran or no
servicemember should do without his loved ones at this time of need.
I encourage my colleagues to support this amendment. Last year, the
House came together to support this same amendment, and I hope they
will do the same this year.
Mr. VISCLOSKY. Will the gentleman yield?
Mr. DELANEY. I yield to the gentleman from Indiana, the ranking
member.
Mr. VISCLOSKY. I appreciate the gentleman for offering the amendment.
I do not oppose it. I would simply mention a concern I have, which is
not with the intent of the gentleman's but, rather, with the amount.
I just want my colleagues to know that the underlying bill already
provides $11 million from the operations and maintenance funds of the
Army, Navy, and Air Force for the construction and furnishing of
additional Fisher Houses, a total not to exceed $33 million. This
amendment, obviously, would add $20 million to that amount. I am
concerned that the rapid increase in construction funding in a single
fiscal year would be very difficult for the foundation to utilize.
Mr. DELANEY. My response to the ranking member is that I have great
confidence in the Fisher House team's ability to handle the funds. I
think this is an example of where we need to get

[[Page H5456]]

ahead of the need and not be behind some of the needs, but I appreciate
the ranking member's support.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Maryland (Mr. Delaney).
The amendment was agreed to.

Amendment Offered by Mr. Lowenthal

Mr. LOWENTHAL. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:

Page 9, line 6, after the dollar amount, insert ``(reduced
by $5,000,000) (increased by $5,000,000)''.

The Acting CHAIR. Pursuant to House Resolution 628, the gentleman
from California and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from California.
Mr. LOWENTHAL. Chairman Frelinghuysen and Ranking Member Visclosky,
thank you for providing me this time to speak on the floor today.
Mr. Chairman, as we all know, providing science, technology,
engineering, and math education to America's youth is critical to the
global competitiveness of our Nation. The STARBASE program engages
local fifth grade elementary students by exposing them to STEM subjects
through an inquiry-based curriculum that is currently active in 56
congressional districts throughout the country. We need to be committed
to ensuring the United States remains competitive globally by
strengthening the pipeline of American graduates with degrees in STEM
fields.
That is why I am offering STARBASE amendment No. 32 to H.R. 4870, the
Department of Defense Appropriations Act. My bipartisan amendment, with
Congressman Benishek, increases funding to the STARBASE Youth Program
by $5 million. The STARBASE program is carried out by the military
because the lack of STEM-educated youth in America has been identified
as a future national security issue by the Department of Defense.
Last year, both the House and the Senate rejected the Office of
Management and Budget's proposal to terminate this critical program. As
a Member of Congress, I appreciate the OMB's desire to consolidate the
STEM programs across the spectrum into one funding line. However, this
is a national defense issue, and it has been identified by the Joint
Chiefs of Staff as such.
STARBASE was created under the auspices of the Department of Defense
to meet its critical needs in STEM-related fields. Regrettably, the
funding uncertainty caused by last year's OMB action has resulted in
the elimination of all of the programs operated by the Navy, and it has
reduced the fiscal year 2014 number of DOD STARBASE programs from 79
down to 56 sites. Despite the funding issues, the DOD currently has 25
sites on a waiting list for a program, and that is why we need a small
increase in the number of STARBASE programs.
I want to thank the chairman and the ranking member for their strong
leadership in reestablishing the funding for the program, and I
respectfully request an additional $5 million to help expand the
program. It is one of the most cost-effective programs, and it is also
reported by the Department of Defense as being one of the most
effective of the STEM programs.
My amendment makes a significant step towards providing and engaging
America's youth with the tools they need to pursue careers in STEM--
fields in which jobs are available and in which there is a significant
lack of trained workers. STARBASE inspires America's youth to discover
technical fields that are imperative for our future national security
challenges. During this time of economic recovery, we cannot lose this
battle and concede our technical edge to the rest of the world.
Mr. FRELINGHUYSEN. Will the gentleman yield?
Mr. LOWENTHAL. I yield to the gentleman from New Jersey.

{time} 1715

Mr. FRELINGHUYSEN. The committee wants to commend the gentleman for
his support of this program. As you know, this program currently
operates, I think, at 65 military installations and facilities around
the country. This would increase that amount. And what is good about it
is military volunteers are, in their own free time and volunteer
capacity, doing some remarkable things with these young people.
So we commend you for your efforts. I know I share similar views to
Ranking Member Visclosky, if you would yield to him.
Mr. LOWENTHAL. I yield to the gentleman from Indiana.
Mr. VISCLOSKY. I also want to join the chairman and thank you for
offering the amendment. You raise a number of good points, and it is a
very good program. I appreciate your attention to it. Thank you so
much.
Mr. LOWENTHAL. Mr. Chairman, I urge support of this amendment and
yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from California (Mr. Lowenthal).
The amendment was agreed to.

Amendment Offered by Mr. Grayson

Mr. GRAYSON. Mr. Chairman, I have an amendment at the desk, Grayson
Number 8.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:

Page 9, line 6, after the dollar amount insert the
following: ``(reduced by $10,000,000)''.
Page 33, line 11, after the dollar amount insert the
following: ``(increased by $10,000,000)''.
Page 33, line 19, after the dollar amount insert the
following: ``(increased by $10,000,000)''.

Mr. GRAYSON (during the reading). Mr. Chairman, I ask unanimous
consent that the reading be waived.
The Acting CHAIR. Is there objection to the request of the gentleman
from Florida?
Mr. FRELINGHUYSEN. Mr. Chairman, could we have it read so we know
which amendment we are working on? Otherwise, I will reserve a point of
order on the gentleman's amendment.
The Acting CHAIR. The Clerk will continue to read.
The Clerk continued to read.
Mr. FRELINGHUYSEN. Mr. Chairman, I ask unanimous consent to withdraw
my objection.
The Acting CHAIR. Is there objection to the request of the gentleman
from New Jersey?
There was no objection.
The Acting CHAIR. Pursuant to House Resolution 628, the gentleman
from Florida and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Florida.
Mr. GRAYSON. Mr. Chairman, this amendment increases the Defense
Health Program account by $10 million in order to help find a cure for
Gulf War illness. Currently, there is no cure for Gulf War illness, and
it affects over a third of the veterans who served in the first Gulf
War.
This amendment is identical to an amendment offered last year that
passed this body by a voice vote. I respectfully urge the same today.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Florida (Mr. Grayson).
The amendment was agreed to.
The Acting CHAIR. The Clerk will read.
The Clerk read as follows:

Operation and Maintenance, Army Reserve

For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Army Reserve; repair of facilities
and equipment; hire of passenger motor vehicles; travel and
transportation; care of the dead; recruiting; procurement of
services, supplies, and equipment; and communications,
$2,535,606,000.

Operation and Maintenance, Navy Reserve

For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Navy Reserve; repair of facilities
and equipment; hire of passenger motor vehicles; travel and
transportation; care of the dead; recruiting; procurement of
services, supplies, and equipment; and communications,
$1,011,827,000.

Operation and Maintenance, Marine Corps Reserve

For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Marine Corps Reserve; repair of
facilities and equipment; hire of passenger motor vehicles;
travel and transportation; care of the dead; recruiting;
procurement of services, supplies, and equipment; and
communications, $270,485,000.

[[Page H5457]]

Operation and Maintenance, Air Force Reserve

For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Air Force Reserve; repair of
facilities and equipment; hire of passenger motor vehicles;
travel and transportation; care of the dead; recruiting;
procurement of services, supplies, and equipment; and
communications, $2,989,214,000.

Operation and Maintenance, Army National Guard

For expenses of training, organizing, and administering the
Army National Guard, including medical and hospital treatment
and related expenses in non-Federal hospitals; maintenance,
operation, and repairs to structures and facilities; hire of
passenger motor vehicles; personnel services in the National
Guard Bureau; travel expenses (other than mileage), as
authorized by law for Army personnel on active duty, for Army
National Guard division, regimental, and battalion commanders
while inspecting units in compliance with National Guard
Bureau regulations when specifically authorized by the Chief,
National Guard Bureau; supplying and equipping the Army
National Guard as authorized by law; and expenses of repair,
modification, maintenance, and issue of supplies and
equipment (including aircraft), $6,116,307,000.

Operation and Maintenance, Air National Guard

For expenses of training, organizing, and administering the
Air National Guard, including medical and hospital treatment
and related expenses in non-Federal hospitals; maintenance,
operation, and repairs to structures and facilities;
transportation of things, hire of passenger motor vehicles;
supplying and equipping the Air National Guard, as authorized
by law; expenses for repair, modification, maintenance, and
issue of supplies and equipment, including those furnished
from stocks under the control of agencies of the Department
of Defense; travel expenses (other than mileage) on the same
basis as authorized by law for Air National Guard personnel
on active Federal duty, for Air National Guard commanders
while inspecting units in compliance with National Guard
Bureau regulations when specifically authorized by the Chief,
National Guard Bureau, $6,393,919,000.

United States Court of Appeals for the Armed Forces

For salaries and expenses necessary for the United States
Court of Appeals for the Armed Forces, $13,723,000, of which
not to exceed $5,000 may be used for official representation
purposes.

Environmental Restoration, Army

(including transfer of funds)

For the Department of the Army, $201,560,000, to remain
available until transferred: Provided, That the Secretary of
the Army shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of
the Department of the Army, or for similar purposes, transfer
the funds made available by this appropriation to other
appropriations made available to the Department of the Army,
to be merged with and to be available for the same purposes
and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation
are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation:
Provided further, That the transfer authority provided under
this heading is in addition to any other transfer authority
provided elsewhere in this Act.

Environmental Restoration, Navy

(including transfer of funds)

For the Department of the Navy, $277,294,000, to remain
available until transferred: Provided, That the Secretary of
the Navy shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of
the Department of the Navy, or for similar purposes, transfer
the funds made available by this appropriation to other
appropriations made available to the Department of the Navy,
to be merged with and to be available for the same purposes
and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation
are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation:
Provided further, That the transfer authority provided under
this heading is in addition to any other transfer authority
provided elsewhere in this Act.

Environmental Restoration, Air Force

(including transfer of funds)

For the Department of the Air Force, $408,716,000, to
remain available until transferred: Provided, That the
Secretary of the Air Force shall, upon determining that such
funds are required for environmental restoration, reduction
and recycling of hazardous waste, removal of unsafe buildings
and debris of the Department of the Air Force, or for similar
purposes, transfer the funds made available by this
appropriation to other appropriations made available to the
Department of the Air Force, to be merged with and to be
available for the same purposes and for the same time period
as the appropriations to which transferred: Provided further,
That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the
purposes provided herein, such amounts may be transferred
back to this appropriation: Provided further, That the
transfer authority provided under this heading is in addition
to any other transfer authority provided elsewhere in this
Act.

Amendment Offered by Mr. Murphy of Pennsylvania

Mr. MURPHY of Pennsylvania. Mr. Chairman, I have an amendment at the
desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:

Page 15, line 8, after the dollar amount, insert ``(reduced
by $37,000,000)''.
Page 33, line 11, after the dollar amount, insert
``(increased by $10,000,000)''.
Page 33, line 12, after the dollar amount, insert
``(increased by $10,000,000)''.

The Acting CHAIR. Pursuant to House Resolution 628, the gentleman
from Pennsylvania and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Pennsylvania.
Mr. MURPHY of Pennsylvania. I thank the gentleman and I also thank
the chairman and the ranking member of the committee.
I should say that, in addition to being a Member Congress, I am also
a member of the Navy Reserve as a psychologist, but I want to make it
clear I am not here representing the Navy or Navy psychology, but
talking about those things which I see in our military.
We have the best military in the world. We are strong, we are filled
with strong servicemen and servicewomen, but our country has a crisis
on its hands.
On average, 22 military servicemembers and veterans die each day by
their own hands. Nearly 1 in 5 suicides nationally is a veteran, even
though veterans only make up 10 percent of the population, or about a
million or so overall, 2 million overall.
The suicide rate for veterans increased an average of 2.6 percent a
year from 2005 to 2011, more than double the rate of increase for
civilian suicide.
Let me tell you what I hear from servicemembers: that those who are
in high-tempo work, such as those in SOCOM, those who are Active Duty,
those who have come back from Guard and Reserve, they have a very
difficult time accessing mental health care.
Whether it is family problems, financial crisis, or adapting from the
stress of combat or post-traumatic stress, and preventing it from
becoming post-traumatic stress disorder, we know that treatment early
and identification early can be effective.
But, quite frankly, there are just too few providers. Psychologists,
psychiatrists, and clinical social workers and therapists are burdened
with paperwork and screening duties, and oftentimes have too little
time to counsel.
We hear, time and time again, where someone has sought help off base,
only to find there people who may not themselves understand all the
needs of someone in the military.
Plus, many times, those in the military dealing with classified
missions, particularly those in SOCOM, need to have folks that they can
talk to and deal with these problems so they do not become worse. Or if
they transfer to Guard and Reserve, many times they have no one they
can go to. The purpose of this amendment is to help make sure we are
providing more of those services.
A survey by the Iraq and Afghanistan Veterans of America showed that
30 percent of servicemembers have considered taking their own life; 45
percent say they know an Iraq or Afghanistan veteran who has attempted
suicide.
While DOD has done many things, and should be complimented for the
work that they have done, we still have a serious, serious problem on
our hands. The reason we are offering this amendment today is to do all
we can to help provide more providers.
Granted, I do not believe this will be anywhere near enough, but it
does give us a surge of providers at a time when it is needed, at a
time when the suicide rate has climbed, at a time when many
servicemembers continue to need help. So I am offering this, and I hope
it will be accepted.
Mr. FRELINGHUYSEN. Will the gentleman yield?

[[Page H5458]]

Mr. MURPHY of Pennsylvania. I yield to the gentleman from New Jersey.
Mr. FRELINGHUYSEN. I can say, and I am sure my colleagues would
agree, your service in the Congress has been enormously beneficial
because you have been perhaps one of the strongest advocates on behalf
of those with mental illness. And certainly, your service in the Navy
Reserve as a psychologist is one of the reasons when you get up to
talk, people listen.
So we are certainly accepting of your amendment and acknowledge your
very, very strong and well-reasoned advocacy.
Our bill, of course, does make investments. This will make more
investments, and we look forward to working with you and relying on
your expertise and your advocacy.
I thank you for yielding.
Mr. MURPHY of Pennsylvania. Mr. Chairman, let me just close with
this. In this, I know for example those who come back from SOCOM, from
being the tip of the spear, a very important part of their return are
such things as Third Location Decompression. They come back, they meet
with psychologists, with detailed review.
What we also have to make sure is, for so many others who come back,
whether they have been on a combat mission or even a training mission
that can have its own stress associated with that, we want to prevent
these from accelerating to the level where later on they will need VA
services, where we have so many families deteriorate.
I thank the chairman, I thank the ranking member, et cetera, and I
ask my colleagues to support this amendment so we can get help to our
military in need.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Pennsylvania (Mr. Murphy).
The amendment was agreed to.
The Acting CHAIR. The Clerk will read.
The Clerk read as follows:

Environmental Restoration, Defense-Wide

(including transfer of funds)

For the Department of Defense, $8,547,000, to remain
available until transferred: Provided, That the Secretary of
Defense shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of
the Department of Defense, or for similar purposes, transfer
the funds made available by this appropriation to other
appropriations made available to the Department of Defense,
to be merged with and to be available for the same purposes
and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation
are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation:
Provided further, That the transfer authority provided under
this heading is in addition to any other transfer authority
provided elsewhere in this Act.

Environmental Restoration, Formerly Used Defense Sites

(including transfer of funds)

For the Department of the Army, $233,353,000, to remain
available until transferred: Provided, That the Secretary of
the Army shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris at
sites formerly used by the Department of Defense, transfer
the funds made available by this appropriation to other
appropriations made available to the Department of the Army,
to be merged with and to be available for the same purposes
and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation
are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation:
Provided further, That the transfer authority provided under
this heading is in addition to any other transfer authority
provided elsewhere in this Act.

Amendment No. 4 Offered by Mr. Blumenauer

Mr. BLUMENAUER. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 16, line 24, after the dollar amount, insert
``(increased by $3,400,000)''.
Page 31, line 6, after the dollar amount, insert ``(reduced
by $3,400,000)''.

The Acting CHAIR. Pursuant to House Resolution 628, the gentleman
from Oregon and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Oregon.
Mr. BLUMENAUER. Mr. Chairman, I yield myself 4 minutes.
This is a simple amendment that would cut $3.4 million for a new
nuclear-armed, air-launched cruise missile and redirect the funding
towards the cleanup and removal of unexploded ordnance that litters
most congressional districts in every State of the Union.
It would save the taxpayers from footing the bill for a program whose
rationale remains ill-defined.
First, the United States currently has a robust arsenal of air-
launched cruise missiles, and with the life extension program, they are
expected to be in service well past 2030.
These existing cruise missiles are also compatible with the Air
Force's greatest procurement priority, the long-range strike bomber.
Now the Pentagon has not yet made a final decision on how or when it
will replace its existing nuclear air-launched cruise missile, so it
seems ill-advised to spend money before we know what our long-term
plans are.
We no longer need a bomber with standoff nuclear weapons like the
ALCM. The new Air Force bomber that will be designed to penetrate air
defenses, it needs bombs that can be dropped, not a new cruise missile.
The procurement of the new cruise missile will also have a
destabilizing effect in our efforts to control nuclear proliferation. A
mass deployment of cruise missiles probably would trigger, potentially
could trigger a new arms race that we have already agreed to begin to
end.
Currently, only the United States, France, and Russia have such
weapons. But are we going to be more secure if this sets off an effort
for other countries to develop them?
Are we going to be more secure if China has them, if Pakistan
develops them? I think certainly not.
Now, maybe this amendment looks modest, only directing $3.4 million.
But allowing this seed money to go forward could potentially mean
billions down the road if we don't have a reason, a rationale, a
commitment to do it.
The new ALCM does not yet have an official pricetag, but the research
we have done suggests it is in the range of 20 to $30 billion. And a
rebuilt nuclear warhead to go on it would cost another $12 billion,
according to the National Nuclear Security Administration.
So a potential of over $40 billion, and based on our past experience
with weapons developments and the nuclear area, it is very likely that
that is going to increase over time.
Remember, we recently had a debate on the floor of the House that
highlighted that the costs of the current nuclear program were
understated by the Pentagon by $150 billion.

{time} 1730

This program, whose true utility remains a mystery, even to those
requesting money for it, will directly compete with other priorities.
Let me repeat that. This is not free money. If we launch this
program, it is going to directly compete with other priorities. The
Navy, as we all know--which the committee has been wrestling with--is
looking for $100 billion to build 12 new nuclear-armed submarines.
The Air Force is coming up short looking for the $70 billion it needs
to buy up to 100 new long-range bombers. A down payment on a cruise
missile today that we don't need means cuts to other programs tomorrow.
Mr. Chairman, I suggest that, instead of launching us down this path
of unnecessary spending and potentially huge outyear costs, that we,
instead, spend this money on Formerly Used Defense Sites that have been
contaminated by our activities over the better part of the last century
in the United States. It is better use for the money.
I reserve the balance of my time.
Mr. FRELINGHUYSEN. Mr. Chairman, I rise in opposition to the
amendment.
The Acting CHAIR. The gentleman from New Jersey is recognized for 5
minutes.
Mr. FRELINGHUYSEN. Mr. Chairman, the President's budget requested
$208.4 million for these Formerly Used Defense Sites. It is important
to clean up these properties that have been used by the Department of
Defense.

[[Page H5459]]

May I say, our bill already provides $25 million for the cleanup of
such sites over the President's request, so the administration isn't
looking for any more money.
While I sympathize with the gentleman's amendment, I cannot support
his offset. I understand that his amendment intends to eliminate
funding for the long-range standoff weapon, this cruise missile.
This program will provide a new air-launched cruise missile to
replace a rapidly aging AGM-86. This is essential to our strategic
deterrent and our ability to hold enemy targets at risk from standoff
distances.
The Air Force requested $4.9 million for the program in fiscal year
2015 to continue studies and analysis in preparation for a formal
acquisition program. This bill already takes a fiscally responsible
$1.5 million cut from that amount.
In a year of tight budget, the additional funding the committee has
already provided for the cleanup of Formerly Used Defense Sites will
accelerate the cleanup of the sites and reduce the long-term government
liability, which is important.
While I appreciate the gentleman's intent, I cannot support a cut
that would eliminate a critical element of our military's future
arsenal, so I oppose the amendment and urge a ``no'' vote.
I yield back the balance of my time.
Mr. BLUMENAUER. Mr. Chairman, first let me point out that this is a
minuscule sum. I have pointed out that we have the capacity with the
current plans to be able to deal past 2030, so this is not an urgent
effect. We have a chance to sort it out and see if it truly is a
priority.
I respect the gentleman's point about--I think he is sincere in
wanting to clear up these Formerly Used Defense Sites, but the amount
in the budget is $50 million less than we had in fiscal year 2014 and
is less than we enacted in fiscal year 2013.
At the current rate of funding, the Pentagon estimates that it will
take 250 years to clean up the backlog of dealing with the military
contamination and unexploded ordnance. That is unacceptable.
In a defense budget of this magnitude, we can and should be doing
more. I appreciate what the gentleman is saying. It is not nearly
adequate, and we certainly don't need to launch down this other path
that may lead to dramatic unnecessary spending in the future.
I respectfully urge adoption of this amendment and yield back the
balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Oregon (Mr. Blumenauer).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. BLUMENAUER. Mr. Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Oregon will
be postponed.
The Clerk will read.
The Clerk read as follows:

Overseas Humanitarian, Disaster, and Civic Aid

For expenses relating to the Overseas Humanitarian,
Disaster, and Civic Aid programs of the Department of Defense
(consisting of the programs provided under sections 401, 402,
404, 407, 2557, and 2561 of title 10, United States Code),
$103,000,000 to remain available until September 30, 2016.

Cooperative Threat Reduction Account

For assistance to the republics of the former Soviet Union
and, with appropriate authorization by the Department of
Defense and Department of State, to countries outside of the
former Soviet Union, including assistance provided by
contract or by grants, for facilitating the elimination and
the safe and secure transportation and storage of nuclear,
chemical and other weapons; for establishing programs to
prevent the proliferation of weapons, weapons components, and
weapon-related technology and expertise; for programs
relating to the training and support of defense and military
personnel for demilitarization and protection of weapons,
weapons components and weapons technology and expertise, and
for defense and military contacts, $365,108,000, to remain
available until September 30, 2017.

Department of Defense Acquisition Workforce Development Fund

For the Department of Defense Acquisition Workforce
Development Fund, $51,875,000.

TITLE III

PROCUREMENT

Aircraft Procurement, Army

For construction, procurement, production, modification,
and modernization of aircraft, equipment, including ordnance,
ground handling equipment, spare parts, and accessories
therefor; specialized equipment and training devices;
expansion of public and private plants, including the land
necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$5,295,957,000, to remain available for obligation until
September 30, 2017.

Missile Procurement, Army

For construction, procurement, production, modification,
and modernization of missiles, equipment, including ordnance,
ground handling equipment, spare parts, and accessories
therefor; specialized equipment and training devices;
expansion of public and private plants, including the land
necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$1,217,483,000, to remain available for obligation until
September 30, 2017.

Procurement of Weapons and Tracked Combat Vehicles, Army

For construction, procurement, production, and modification
of weapons and tracked combat vehicles, equipment, including
ordnance, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and
private plants, including the land necessary therefor, for
the foregoing purposes, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior to
approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-
owned equipment layaway; and other expenses necessary for the
foregoing purposes, $1,703,736,000, to remain available for
obligation until September 30, 2017.

Procurement of Ammunition, Army

For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized
equipment and training devices; expansion of public and
private plants, including ammunition facilities, authorized
by section 2854 of title 10, United States Code, and the land
necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$1,011,477,000, to remain available for obligation until
September 30, 2017.

Other Procurement, Army

For construction, procurement, production, and modification
of vehicles, including tactical, support, and non-tracked
combat vehicles; the purchase of passenger motor vehicles for
replacement only; communications and electronic equipment;
other support equipment; spare parts, ordnance, and
accessories therefor; specialized equipment and training
devices; expansion of public and private plants, including
the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$4,812,234,000, to remain available for obligation until
September 30, 2017.

Aircraft Procurement, Navy

For construction, procurement, production, modification,
and modernization of aircraft, equipment, including ordnance,
spare parts, and accessories therefor; specialized equipment;
expansion of public and private plants, including the land
necessary therefor, and such lands and interests therein, may
be acquired, and construction prosecuted thereon prior to
approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-
owned equipment layaway, $14,054,523,000, to remain available
for obligation until September 30, 2017.

Amendment Offered by Mr. Kildee

Mr. KILDEE. I have an amendment at the desk, Mr. Chairman.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:

Page 22, line 14, after the dollar amount, insert
``(reduced by $20,000,000)''.
Page 33, line 11, after the dollar amount, insert
``(increased by $20,000,000)''.
Page 33, line 17, after the dollar amount, insert
``(increased by $20,000,000)''.

[[Page H5460]]

The Acting CHAIR. Pursuant to House Resolution 628, the gentleman
from Michigan and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Michigan.
Mr. KILDEE. Mr. Chairman, much like the VA, the Department of Defense
is confronting significant challenges regarding its care and transition
of wounded warriors.
In fact, following the recent death of two individuals at the Army's
Fort Bragg hospital, the Secretary of Defense ordered his own
comprehensive review of DOD health care. Simply, it is obvious and is
becoming increasingly more obvious that wounded warriors are still
failing to receive the care that they need and that they clearly
deserve.
We know that the DOD has undertaken countless studies and has
appointed numerous working groups to identify ways to improve wounded
warrior care. Moreover, Congress has rightfully engaged and has held a
multitude of hearings and initiatives. There has been a lot of review
internally and a lot of conversation.
I believe, though, that we need to engage some of the brightest minds
in our country to gain a new and objective perspective on improving
care for wounded warriors.
So this amendment appropriates $20 million to fund an amendment that,
again, was passed in the FY15 NDAA to provide for an outside,
independent study to identify challenges confronting the DOD's care of
wounded warriors and offer specific recommendations to improve that.
This study, passed in the NDAA, will only be awarded to an entity
that has received a small percentage--at the very most--of its revenue
from contracts with the DOD, essentially an outside organization with
little or no contact or relationship with the DOD or the VA. We are
really trying to get a fresh set of eyes on this question.
This study of the Department of Defense's health care for wounded
warriors is almost identical to the independent study of the VA,
mandated by H.R. 4810, Chairman Miller's Veteran Access to Care Act,
which just passed the House last week; so the same set of fresh eyes
that will be looking at VA care, I believe, need to be focused on the
Department of Defense care as well.
This amendment is funded by allocating $20 million from the Navy's
$14 billion aircraft procurement account, which includes nearly $1
billion in funding over the Navy's request to purchase 12 EA-18G
Growler aircraft.
The Navy requested none of these aircraft in its budget request, and
it would seem to me that, out of the $14 billion in that procurement,
with nearly $1 billion in new money for something that wasn't
requested, we could find $20 million to make sure that the billions of
dollars that we are spending in DOD health care--particularly for our
wounded warriors--is spent in the most efficient way and provides the
absolute best care in the timeliest fashion available.
That is what this amendment would do. I urge its passage.
I reserve the balance of my time.
Mr. FRELINGHUYSEN. Mr. Chairman, I rise in opposition to the
amendment.
The Acting CHAIR. The gentleman from New Jersey is recognized for 5
minutes.
Mr. FRELINGHUYSEN. Mr. Chairman, while I recognize the gentleman's
concerns that the wounded warrior care program is effectively and
efficiently monitored--and perhaps an outside group taking a look at it
would not be a bad idea in and of itself--but removing $20 million from
the aircraft procurement account, specifically that Navy account for
Growlers, is excessive to fund a study that is really unrelated to the
purpose of that aircraft. There are better ways to fund studies.
We can request the Government Accountability Office--and our
committee would be happy to do that--to do a study, one that will
certainly cost less than $20 million.
Additionally, the loss of funding for the Growler program will result
in the loss of an airframe which is critical for the Nation's airborne
electronic attack mission. We probably need more of these Growlers,
rather than less.
So I would be happy to work with the gentleman on finding another
source for an outside study, and I would be happy to yield to the
gentleman from Indiana (Mr. Visclosky), the ranking member, for any
comments that he may care to make.
Mr. VISCLOSKY. I appreciate the chairman yielding.
Mr. Chairman, I would reluctantly add my voice to the chair. I
certainly appreciate the gentleman's concern for wounded warriors, his
sensitivity, and the fact that he is asking for, if you would, a fresh
set of eyes.
The chairman talked about his concerns about the offset. I would
simply inform my colleagues that we have had a number of studies. The
Office of Inspector General has completed seven different studies, but
perhaps more importantly, to the gentleman's point about an independent
study, is that the Government Accountability Office has also done two.
I would remind our colleagues that the GAO is a creature of the
legislative branch and is not captive to the Department of Defense.
Perhaps the emphasis here--and, again, I appreciate the gentleman's
concern and what he is trying to get at--is to implement some of the
findings in these nine studies, particularly the findings from the
Government Accountability Office on behalf of the legislative branch
and see that they are implemented.
Mr. KILDEE. I thank the chairman and the ranking member for their
comments.
I will say that, when I speak of a set of fresh eyes--I understand
the studies that have been done by the GAO and other internal studies,
and I will acknowledge a certain irony in making the comment because it
is so often that we hear that we can't be continually looking for
answers to these difficult questions only from those of us in
government, that we ought to be taking a look at it from a fresh set of
eyes that come from outside, from the private sector. I think that that
would be a great advantage in this case.
Regarding the offset, I understand and wholly support all of the work
that we need to do and the investments that we need to make to ensure
that our military is fully capable.
I just believe that the same commitment that we have to our own
protection ought to extend to protecting those who put on the uniform
of the country and suffer as a result. They ought to get the best care.
Out of the $970 million increase from what was requested, it would
seem to me that finding $20 million from that would not be a bridge too
far.
I appreciate the comments, and I hope that we can work together on
finding solutions on this.
I think Chairman Miller was right in his approach with the VA, and I
think the same could be said for the DOD, and that is what my amendment
would do.
With that, Mr. Chairman, I yield back the balance of my time.
Mr. FRELINGHUYSEN. I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Michigan (Mr. Kildee).
The amendment was rejected.
The Clerk will read.
The Clerk read as follows:

Weapons Procurement, Navy

For construction, procurement, production, modification,
and modernization of missiles, torpedoes, other weapons, and
related support equipment including spare parts, and
accessories therefor; expansion of public and private plants,
including the land necessary therefor, and such lands and
interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway,
$3,111,931,000, to remain available for obligation until
September 30, 2017.

Procurement of Ammunition, Navy and Marine Corps

[[Page H5461]]

purposes, $629,372,000, to remain available for obligation
until September 30, 2017.

Shipbuilding and Conversion, Navy

For expenses necessary for the construction, acquisition,
or conversion of vessels as authorized by law, including
armor and armament thereof, plant equipment, appliances, and
machine tools and installation thereof in public and private
plants; reserve plant and Government and contractor-owned
equipment layaway; procurement of critical, long lead time
components and designs for vessels to be constructed or
converted in the future; and expansion of public and private
plants, including land necessary therefor, and such lands and
interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title, as follows:
Carrier Replacement Program, $1,289,425,000;
Virginia Class Submarine, $3,507,175,000;
Virginia Class Submarine (AP), $2,301,825,000;
CVN Refueling Overhauls (AP), $491,100,000;
DDG-1000 Program, $419,532,000;
DDG-51 Destroyer, $2,655,785,000;
DDG-51 Destroyer (AP), $134,039,000;
Littoral Combat Ship, $951,366,000;
LPD-17 Amphibious Transport Dock, $12,565,000;
LHA replacement (AP), $29,093,000;
Moored Training Ship, $737,268,000;
Moored Training Ship (AP), $64,388,000;
LCAC Service Life Extension Program, $40,485,000;
Outfitting, post delivery, conversions, and first
destination transportation, $491,797,000; and
Ship to Shore Connector, $123,233,000;
For completion of Prior Year Shipbuilding Programs,
$1,007,285,000.
In all: $14,256,361,000, to remain available for obligation
until September 30, 2019: Provided, That additional
obligations may be incurred after September 30, 2019, for
engineering services, tests, evaluations, and other such
budgeted work that must be performed in the final stage of
ship construction: Provided further, That none of the funds
provided under this heading for the construction or
conversion of any naval vessel to be constructed in shipyards
in the United States shall be expended in foreign facilities
for the construction of major components of such vessel:
Provided further, That none of the funds provided under this
heading shall be used for the construction of any naval
vessel in foreign shipyards.

Other Procurement, Navy

For procurement, production, and modernization of support
equipment and materials not otherwise provided for, Navy
ordnance (except ordnance for new aircraft, new ships, and
ships authorized for conversion); the purchase of passenger
motor vehicles for replacement only; expansion of public and
private plants, including the land necessary therefor, and
such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway,
$5,923,379,000, to remain available for obligation until
September 30, 2017.

Procurement, Marine Corps

For expenses necessary for the procurement, manufacture,
and modification of missiles, armament, military equipment,
spare parts, and accessories therefor; plant equipment,
appliances, and machine tools, and installation thereof in
public and private plants; reserve plant and Government and
contractor-owned equipment layaway; vehicles for the Marine
Corps, including the purchase of passenger motor vehicles for
replacement only; and expansion of public and private plants,
including land necessary therefor, and such lands and
interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title, $927,232,000,
to remain available for obligation until September 30, 2017.

Aircraft Procurement, Air Force

For construction, procurement, and modification of aircraft
and equipment, including armor and armament, specialized
ground handling equipment, and training devices, spare parts,
and accessories therefor; specialized equipment; expansion of
public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures,
and acquisition of land, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
reserve plant and Government and contractor-owned equipment
layaway; and other expenses necessary for the foregoing
purposes including rents and transportation of things,
$12,046,941,000, to remain available for obligation until
September 30, 2017.

Missile Procurement, Air Force

For construction, procurement, and modification of
missiles, spacecraft, rockets, and related equipment,
including spare parts and accessories therefor, ground
handling equipment, and training devices; expansion of public
and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures,
and acquisition of land, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
reserve plant and Government and contractor-owned equipment
layaway; and other expenses necessary for the foregoing
purposes including rents and transportation of things,
$4,546,211,000, to remain available for obligation until
September 30, 2017.

Procurement of Ammunition, Air Force

For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized
equipment and training devices; expansion of public and
private plants, including ammunition facilities, authorized
by section 2854 of title 10, United States Code, and the land
necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$648,200,000, to remain available for obligation until
September 30, 2017.

Other Procurement, Air Force

For procurement and modification of equipment (including
ground guidance and electronic control equipment, and ground
electronic and communication equipment), and supplies,
materials, and spare parts therefor, not otherwise provided
for; the purchase of passenger motor vehicles for replacement
only; lease of passenger motor vehicles; and expansion of
public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures,
and acquisition of land, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon, prior to approval of title;
reserve plant and Government and contractor-owned equipment
layaway, $16,633,023,000, to remain available for obligation
until September 30, 2017.

Procurement, Defense-wide

For expenses of activities and agencies of the Department
of Defense (other than the military departments) necessary
for procurement, production, and modification of equipment,
supplies, materials, and spare parts therefor, not otherwise
provided for; the purchase of passenger motor vehicles for
replacement only; expansion of public and private plants,
equipment, and installation thereof in such plants, erection
of structures, and acquisition of land for the foregoing
purposes, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to
approval of title; reserve plant and Government and
contractor-owned equipment layaway, $4,358,121,000, to remain
available for obligation until September 30, 2017.

{time} 1745

Amendment Offered by Ms. Jackson Lee

Ms. JACKSON LEE. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:

Page 29, line 22, after the dollar amount, insert
``(reduced by $5,000,000)''.
Page 33, line 11, after the dollar amount, insert
``(increased by $5,000,000)''.
Page 33, line 19, after the dollar amount, insert
``(increased by $5,000,000)''.

The Acting CHAIR. Pursuant to House Resolution 628, the gentlewoman
from Texas and a Member opposed each will control 5 minutes.
The Chair recognizes the gentlewoman from Texas.
Ms. JACKSON LEE. Mr. Chairman, I, again, add my appreciation of the
chairman and ranking member of the Appropriations Defense Subcommittee
and add my appreciation of their concern for the health and welfare of
the men and women of the United States military. Their appropriations
bill evidences that.
I thank them again for working with me and their staff for working
with me on this amendment dealing with increasing the funding for
breast cancer research by $5 million, offset by a reduction of like
amount in funding for procurement. Equally important is that this
amendment has been supported by this committee.
I would say that my fellow survivors and those in the United States
military would appreciate the emphasis that we are making on addressing
this phenomenon of breast cancer. My amendment, as indicated, increases
the opportunity for research. The American Cancer Society calls several
strains of breast cancer particularly aggressive subtypes associated
with a lower survival rate. In this instance, it is called a triple
negative. But I raise an article that says: ``Fighting a Different
Battle; Breast Cancer and the Military.''
This triple negative strain has killed many individuals in a very
quick manner.
Mr. VISCLOSKY. Will the gentlewoman yield?
Ms. JACKSON LEE. I yield to the gentleman from Indiana.
Mr. VISCLOSKY. I would be happy to express my support for the
amendment

[[Page H5462]]

and certainly believe there is no objection on behalf of the committee.
Ms. JACKSON LEE. I thank the ranking member very much. I would like
to conclude, but I thank you for this support and make this statement
as I conclude.
Breast cancer has been just about as brutal on women in the military
as combat. More than 800 women have been wounded in Iraq and
Afghanistan, according to the Army Times, and 874 military women were
diagnosed with breast cancer between 2000 and 2011. According to that
same study, more are expected as it goes.
So, in conclusion, let me thank the chairman and the ranking member
for their focus on this amendment. I will conclude by saying that
breast cancer is striking relatively young military women at an
alarming rate, but male servicemembers, veterans, and their dependents,
are at risk, as well.
So I ask my colleagues to support this amendment. Again, those of us
who are survivors recognize that the more research and the more
intervention, the more lives we can save.
With that, I ask the committee to support the Jackson Lee amendment,
and I thank the ranking member and chairman.
I yield back the balance of my time.
Mr. Chair, I want to thank Chairman Frelinghuysen and Ranking Member
Visclosky for shepherding this legislation to the floor and for their
devotion to the men and women of the Armed Forces who risk their lives
to keep our nation safe.
Mr. Chair, thank you for the opportunity to explain my amendment,
which is identical to an amendment that I offered and was adopted in
last year's Defense Appropriations Act (H.R. 2397).
My amendment increases funding for the Defense Health Program's
research and development by $5 million. These funds will address the
question of breast cancer in the United States military.
The American Cancer Society calls several strains of breast cancer as
a particularly aggressive subtype associated with lower survival rates;
in this instance, it's a triple negative. But I raise an article that
says: ``Fighting a Different Battle; Breast Cancer and the Military.''
We all know, by the way, that breast cancer can affect both men and
women. The bad news is breast cancer has been just about as brutal on
women in the military as combat.
Let me say that sentence again. Breast cancer has been just about as
brutal on women in the military as combat. More than 800 women have
been wounded in Iraq and Afghanistan, according to the Army Times; 874
military women were diagnosed with breast cancer just between 2000 and
2011. And according to that same study, more are suspected. It grows.
The good news is that we have been working on it, and I want to add
my appreciation to the military.
The Jackson Lee Amendment, however, will allow for the additional
research.
That research is particularly needed since women are joining the
Armed Services in increasing numbers and serving longer, ascending to
leadership. With increased age comes increased risk and incidence of
breast cancer.
Not only is breast cancer striking relatively young military women at
an alarming rate, but male service members, veterans and their
dependents are at risk as well.
With a younger and generally healthier population, those in the
military tend to have a lower risk for most cancers than civilians--
including significantly lower colorectal, lung and cervical--but breast
cancer is a different story.
Military people in general, and in some cases very specifically, are
at a significantly greater risk for contracting breast cancer,
accrording to Dr. Richard Clapp, a top cancer expert at Boston
University who works at the Centers for Disease Control and Prevention
on military breast cancer issues.
Dr. Clapp notes that life in the military can mean exposure to a
witch's brew of risk factors directly linked to greater chances of
getting breast cancer.
So, I am asking that we do the right thing. We are on the right
track, we're on the right road.
But with the expansion of women in the military, I can assure you,
for long life, a vital service that these men and women give, it is
extremely important to move forward with this amendment.
Researchers point to a high use of oral contraception that's linked
to breast cancer among women that would ensure that this particular
amendment would be a positive step forward.
I urge my colleagues to support the Jackson Lee Amendment.
The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from Texas (Ms. Jackson Lee).
The amendment was agreed to.
The Acting CHAIR. The Clerk will read.
The Clerk read as follows:

Defense Production Act Purchases

For activities by the Department of Defense pursuant to
sections 108, 301, 302, and 303 of the Defense Production Act
of 1950 (50 U.S.C. App. 2078, 2091, 2092, and 2093),
$51,638,000, to remain available until expended.

TITLE IV

RESEARCH, DEVELOPMENT, TEST AND EVALUATION

Research, Development, Test and Evaluation, Army

Research, Development, Test and Evaluation, Navy

For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of
facilities and equipment, $15,877,770,000, to remain
available for obligation until September 30, 2016: Provided,
That funds appropriated in this paragraph which are available
for the V-22 may be used to meet unique operational
requirements of the Special Operations Forces.

Research, Development, Test and Evaluation, Air Force

Amendment Offered by Mr. Garamendi

Mr. GARAMENDI. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:

Page 31, line 6, after the dollar amount, insert ``(reduced
by $15,600,000)''.
Page 141, line 4, after the dollar amount, insert
``(increased by $15,600,000)''.

Mr. FRELINGHUYSEN. Mr. Chairman, I reserve a point of order on the
gentleman's amendment.
The Acting CHAIR. A point of order is reserved.
Pursuant to House Resolution 628, the gentleman from California and a
Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from California.
Mr. GARAMENDI. Mr. Chairman, this amendment deals with a profoundly
important issue that will be before the House of Representatives and
this Nation for the next three decades at least. This is an amendment
that deals with the Joint Strike Fighter, the F-35, and the dual
capability of that fighter, basically meaning how to retrofit or make
that fighter capable of handling the B-61 nuclear weapon.
This is a weapon that is principally designed for our allies, to be
used in Europe. It is a weapon that is now in the process of being
life-extended at a cost of several billion dollars over the next
decade.
The question is, Do we need to revamp the F-35 in such a way as to be
able to handle both conventional as well as nuclear weapons? This is
the question before us. It is a question that involves our allies, and
it is a very, very expensive issue that we must deal with.
If we just continue on, we will spend billions upon billions of
dollars on a system that may or may not be desired by our allies around
the world. We are just pushing our way forward here without really
considering all of the issues involved.
This amendment that I brought forth on the floor today is really the
wake up to this larger issue and the extraordinary expense and the
ramifications that it has with not only our allies but with potential
adversaries around the world.
What I really would like to do is to expand upon a study that has
already been put into this legislation, a study that Mr. Quigley has
successfully brought in, and expand upon it so that the report that
comes back to us be more full, providing more information. We need that
information in order to make a wise decision here about how we are
going to proceed.
This is an issue that the Armed Services Committee is wrestling with,
as well as, I am certain, the Appropriations Committee. Later in this
process,

[[Page H5463]]

when we get to the end of this bill, I will have another amendment that
I will put forward that will fence off this $15 million until such time
as that report comes in, and I would recommend that that report be more
full and more complete.
Mr. Chairman, with that, I yield back the balance of my time.
Mr. FRELINGHUYSEN. Mr. Chairman, I withdraw my reservation and seek
the time in opposition to the amendment.
The Acting CHAIR. The gentleman from New Jersey is recognized for 5
minutes.
Mr. FRELINGHUYSEN. It is my understanding the gentleman is going to
withdraw his amendment. I yield to the gentleman from California.
Mr. GARAMENDI. That is true. I intend to withdraw my amendment in
hopes that we could, at the end of the bill, undertake a more full
report and fence off the $15 million until that comes forward. I am not
asking for a commitment now, but as we proceed through this bill, if
the members of the Appropriations Committee, the chair and the ranking
member specifically, would consider that language, it would be much
appreciated.
Mr. FRELINGHUYSEN. Thank you for talking about this very important
issue. I appreciate it and yield back the balance of my time.
Mr. GARAMENDI. Mr. Chairman, I ask unanimous consent to withdraw the
amendment.
The Acting CHAIR. Is there objection to the request of the gentleman
from California?
There was no objection.

Amendment No. 5 Offered by Mr. Coffman

Mr. COFFMAN. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 31, line 6, after the dollar amount, insert ``(reduced
by $15,722,000)''.
Page 141, line 4, after the dollar amount, insert
``(increased by $15,722,000)''.

The Acting CHAIR. Pursuant to House Resolution 628, the gentleman
from Colorado and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Colorado.
Mr. COFFMAN. Mr. Chairman, this amendment seeks to take $15.7 million
out of the Air Force research, development, test and evaluation
account, equal to the amount the Air Force has budgeted for sixth-
generation fighter development, and places those funds into the
spending reduction account for debt relief.
Mr. Chairman, this amendment is not about capabilities; it is quite
simply about priorities. I could understand the need for sixth-
generation fighter development funding had the administration not
attempted to scrap our military's only dedicated close air support
platform, the A-10, citing budgetary concerns.
I could understand the need for sixth-generation fighter development
funding had the administration not attempted to scrap the U-2, an aging
but capable aircraft that continues to provide the warfighter with
actionable intelligence in some of the world's most dangerous areas,
citing budgetary concerns.
I could understand the need for sixth-generation fighter development
funding had the administration not capped America's premier air
dominance fighter, the fifth-generation F-22 Raptor, at 187 aircraft,
citing, once again, budgetary concerns.
And I could understand the need for sixth-generation fighter
development funding if the F-35 Joint Strike Fighter, a fifth-
generation program I do support, was not admittedly over budget and
behind schedule.
Mr. Chairman, our Nation is over $17 trillion in debt and is running
a budget deficit of over half a billion dollars. As a result, it has
become almost a cliche to quote Admiral Mullen's warning of our
national debt as America's greatest threat. That is why I cannot
support millions of dollars in funding for the Department of Defense to
begin developing the follow-on to the F-35 when the F-35 itself is
years away from being operational.
Mr. Chairman, I urge my fellow Members to support this commonsense
amendment. By supporting my amendment you will be sending a message to
the Department of Defense to get its current programs under control and
its fiscal house in order before asking the American taxpayer to foot
the bill for any future programs.
Mr. Chairman, I reserve the balance of my time.
Mr. VISCLOSKY. Mr. Chairman, I rise in opposition to the amendment.
The Acting CHAIR (Mr. Woodall). The gentleman from Indiana is
recognized for 5 minutes.
Mr. VISCLOSKY. Mr. Chairman, I would point out that while we are at
the beginning, so to speak, of the production of the F-35, it has
always inured to the benefit of this country to look to the future, to
look at the next generation. And when it comes to an examination of
technology and how it can be used in the defense of this Nation in the
future, I don't think we should close that door.
We have a resurgence in China. We have a resurgence in Russia. We
have problems in the Middle East. We ought not to be taking our oar, if
you would, out of the water. And so we ought to continue down this
road. We are not, by doing this initial research, instituting a billion
or multibillion-dollar procurement program.
So I am opposed and would be happy to yield to the chairman of the
subcommittee.

{time} 1800

Mr. FRELINGHUYSEN. I thank the gentleman for yielding.
It is a small investment which this amendment would eliminate. We
want to have air superiority for decades to come. It is money that I
think needs to be kept in there. It would be a great mistake to move
it. I thank the gentleman for yielding.
Mr. VISCLOSKY. I appreciate the chairman's remarks.
I yield back the balance of my time.
Mr. COFFMAN. Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Colorado (Mr. Coffman).
The amendment was rejected.

Amendment Offered by Mr. Nugent

Mr. NUGENT. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:

Page 31, line 6, after the dollar amount, insert ``(reduced
by $10,000,000) (increased by $10,000,000)''.

The Acting CHAIR. Pursuant to House Resolution 628, the gentleman
from Florida and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Florida.
Mr. NUGENT. Mr. Chairman, the Counter-electronics High Power
Microwave Missile Project, better known as CHAMP, is an Air Force
program to disrupt or eliminate an adversary's electronics without
causing physical damage to facilities or people.
My amendment would transfer $10 million within the Air Force R&D
budget from directed energy technology to advanced weapons technology.
This will move duplicative funds from laboratory development of high-
power microwave technology to integration on a delivery vehicle for
actual use on the battlefield a decade ahead of schedule.
The Air Force intends to develop CHAMP for use on a reusable delivery
vehicle that will be available to combatant commanders in 2025. For a
small investment of $10 million this year, the Air Force can get CHAMP
to the combatant commanders on a cruise missile delivery system 18
months after enactment of this bill, almost a decade ahead of schedule.
The reason we can do this so quickly and at such a low cost is by
utilizing unused cruise missiles, just like the ones the Air Force used
to test CHAMP recently. There is an existing stockpile of cruise
missiles that have been removed from their original mission and can be
cost-effectively repurposed as a delivery vehicle for CHAMP. Over the
next few years, the Air Force has an opportunity to fit CHAMP on a
proven delivery vehicle already in stock.
In this window, it is very cheap to make a cruise missile-delivered
CHAMP system and very expensive for adversaries to defend. The $10
million my amendment allocates to advanced weapons technology will
improve the size and weight of the weapon to optimize its performance
on a cruise missile.
It is important to note this amendment will ensure that sufficient
funds

[[Page H5464]]

exist to develop both the short-term cruise missile system and the
long-term reusable delivery system.
The offset for this amendment pulls from an increase in another
directed energy program in the Air Force that is doing duplicative work
to reduce the size and weight of high-power microwave.
Instead of just doing lab work, we can do the lab work and get it out
into the field. As I said, these two programs are doing duplicative
work, and one is closer to the finish line than the other.
This is a bipartisan bill. I am happy to have support of the ranking
member of the Armed Services subcommittee of jurisdiction and cochair
of the Directed Energy Caucus, Mr. Langevin. The authorization for this
program increase has been in the National Defense Authorization Act
since the chairman's mark and was in the bill the House passed earlier
this year.
In the Armed Services Committee, we have heard the desire of this
game-changing technology in testimony from combatant commanders and
from the Under Secretary of Defense for Acquisition, Technology, and
Logistics.
Let's get the warfighter this capability in 18 months by passing this
simple amendment today.
I reserve the balance of my time.
Mr. VISCLOSKY. Mr. Chairman, I rise in opposition to the gentleman's
amendment.
The Acting CHAIR. The gentleman from Indiana is recognized for 5
minutes.
Mr. VISCLOSKY. Mr. Chairman, I appreciate what the gentleman from
Florida is putting forth and the position he has taken. I certainly
believe there is merit, if you would, in the technology.
As you may know, we have included some very encouraging language in
the report for this bill, noting our pleasure with the Air Force
incorporating this type of technology into their nonkinetic
counterelectronics analysis of alternatives.
However, we have carefully refrained from prejudicing the Air Force's
analysis of alternatives by adding funds from one program to another.
I would like to work with the gentleman further to ensure, again,
that the technology is given consideration, without prejudicing the
study undertaken by the Air Force. I do think we ought to give them a
full breadth of options, so that the best choice can be made on behalf
of this country.
I reserve the balance of my time.
Mr. NUGENT. Mr. Chairman, I thank the gentleman for his
consideration. What I would like to add to this is that the Air Force
tested CHAMP on that delivery vehicle--a successful test, as it may
be--and the testimony from those combatant commanders, the guys in the
field that actually need it, are saying: hey, I would rather have it in
18 months than in 2025.
It is just that simple. We heard testimony with regards to China and
about Russia. Wouldn't it be better to use these limited funds that we
have already spent millions of dollars on to develop the process,
develop the technology, wouldn't it be better today to spend $10
million to actually get it in the field to support our troops and our
warfighters? That is our argument.
While I respect the Air Force, I think what the Air Force has--and
they are looking at a long-term solution, a reusable vehicle, which I
support, but I also support those who are out on the front line today.
I have three kids out on the front line.
This helps those soldiers, airmen, marines, and sailors with more
protection. We can do it cheap, and we can do it today, and we can have
it done in 18 months.
With that, I yield back the balance of my time.
Mr. VISCLOSKY. Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Florida (Mr. Nugent).
The amendment was agreed to.
The Acting CHAIR. The Clerk will read.
The Clerk read as follows:

Research, Development, Test and Evaluation, Defense-wide

(including transfer of funds)

For expenses of activities and agencies of the Department
of Defense (other than the military departments), necessary
for basic and applied scientific research, development, test
and evaluation; advanced research projects as may be
designated and determined by the Secretary of Defense,
pursuant to law; maintenance, rehabilitation, lease, and
operation of facilities and equipment, $17,077,900,000, to
remain available for obligation until September 30, 2016:
Provided, That of the funds made available in this paragraph,
$250,000,000 for the Defense Rapid Innovation Program shall
only be available for expenses, not otherwise provided for,
to include program management and oversight, to conduct
research, development, test and evaluation to include proof
of concept demonstration; engineering, testing, and
validation; and transition to full-scale production: Provided
further, That the Secretary of Defense may transfer funds
provided herein for the Defense Rapid Innovation Program to
appropriations for research, development, test and evaluation
to accomplish the purpose provided herein: Provided further,
That this transfer authority is in addition to any other
transfer authority available to the Department of Defense:
Provided further, That the Secretary of Defense shall, not
fewer than 30 days prior to making transfers from this
appropriation, notify the congressional defense committees in
writing of the details of any such transfer.

Amendment Offered by Mr. Grayson

Mr. GRAYSON. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:

Page 31, line 18, after the dollar amount, insert the
following: ``(reduced by $10,000,000)''.
Page 33, line 11, after the dollar amount, insert the
following: ``(increased by $10,000,000)''.
Page 33, line 19, after the dollar amount insert the
following: ``(increased by $10,000,000)''.

The Acting CHAIR. Pursuant to House Resolution 628, the gentleman
from Florida and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Florida.
Mr. GRAYSON. Mr. Chairman, my amendment would increase funding for
prostate cancer research under the Defense Health Program by $10
million.
This increase would result in a total funding level of $90 million,
which is still $10 million below what this account was funded at in
2001, more than a decade ago.
This amendment passed the House as part of an en bloc amendment last
year. I hope we will all agree on its passage again this year.
Mr. FRELINGHUYSEN. Will the gentleman yield?
Mr. GRAYSON. I yield to the gentleman from New Jersey.
Mr. FRELINGHUYSEN. We commend you on your focus on prostate cancer
and appreciate your limited remarks.
Mr. GRAYSON. I thank the chairman.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Florida (Mr. Grayson).
The amendment was agreed to.
The Acting CHAIR. The Clerk will read.
The Clerk read as follows:

Operational Test and Evaluation, Defense

For expenses, not otherwise provided for, necessary for the
independent activities of the Director, Operational Test and
Evaluation, in the direction and supervision of operational
test and evaluation, including initial operational test and
evaluation which is conducted prior to, and in support of,
production decisions; joint operational testing and
evaluation; and administrative expenses in connection
therewith, $248,238,000, to remain available for obligation
until September 30, 2016.

TITLE V

REVOLVING AND MANAGEMENT FUNDS

Defense Working Capital Funds

For the Defense Working Capital Funds, $1,334,468,000.

TITLE VI

OTHER DEPARTMENT OF DEFENSE PROGRAMS

Defense Health Program

For expenses, not otherwise provided for, for medical and
health care programs of the Department of Defense as
authorized by law, $31,634,870,000; of which $30,080,563,000
shall be for operation and maintenance, of which not to
exceed one percent shall remain available for obligation
until September 30, 2016, and of which up to $14,582,044,000
may be available for contracts entered into under the TRICARE
program; of which $308,413,000, to remain available for
obligation until September 30, 2017, shall be for
procurement; and of which $1,245,894,000, to remain available
for obligation until September 30, 2016, shall be for
research, development, test and evaluation: Provided, That,
notwithstanding any other provision of law, of the amount
made available under this heading for research, development,
test and evaluation, not less than $8,000,000 shall be
available for HIV prevention educational activities
undertaken in connection with United States military

[[Page H5465]]

training, exercises, and humanitarian assistance activities
conducted primarily in African nations: Provided further,
That of the funds provided under this heading for operation
and maintenance, procurement, and research, development, test
and evaluation for the Interagency Program Office, the
Defense Healthcare Management Systems Modernization (DHMSM)
program, and the Defense Medical Information Exchange, not
more than 25 percent may be obligated until the Secretary of
Defense submits to the Committees on Appropriations of the
House of Representatives and the Senate, and such Committees
approve, a plan for expenditure that describes: (1) the
status of the final request for proposal for DHMSM and how
the program office used comments received from industry from
draft requests for proposal to refine the final request for
proposal; (2) any changes to the deployment timeline,
including benchmarks, for full operating capability; (3) any
refinements to the cost estimate for full operating
capability and the total life cycle cost of the project; (4)
an assurance that the acquisition strategy will comply with
the acquisition rules, requirements, guidelines, and systems
acquisition management practices of the Federal Government;
(5) the status of the effort to achieve interoperability
between the electronic health record systems of the
Department of Defense and the Department of Veterans Affairs,
including the scope, cost, schedule, mapping to health data
standards, and performance benchmarks of the interoperable
record; and (6) the progress toward developing, implementing,
and fielding the interoperable electronic health record
throughout the two Departments' medical facilities.

Amendment Offered by Mr. Holt

Mr. HOLT. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:

Page 33, line 11, after the dollar amount, insert
``(reduced by $1,000,000) (increased by $1,000,000)''.
Page 33, line 19, after the dollar amount, insert
``(reduced by $1,000,000) (increased by $1,000,000)''.

The Acting CHAIR. Pursuant to House Resolution 628, the gentleman
from New Jersey and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from New Jersey.
Mr. HOLT. Mr. Chairman, I rise to offer an amendment to address
another facet of a national tragedy, the epidemic of suicide among our
soldiers and veterans.
In March of this year, zero U.S. troops died in combat. In that same
month, almost 700 soldiers and veterans died at their own hand.
This bill, the bill that is before us today, takes enormous strides
to treat mental health problems underlying this epidemic. It provides
tens of millions of dollars for therapy, outreach, and peer-to-peer
support. For that, the chairman and the ranking member and all of the
committee members have my sincere praise and gratitude.
Suicide and the decision to take one's own life is complex and often
mysterious, but we err if we think suicide is only a mental health
problem. In truth, suicide is often the desperate act of a soldier or
veteran in a desperate situation. One important component of that
desperation is financial stress.
My amendment has been endorsed by the American Foundation for Suicide
Prevention and would set aside $1 million to study these issues to
improve our understanding of the links between financial stress,
financial abuse, and military suicide and to generate recommendations
to fix these interlinked problems.
A few years ago, Army Sergeant Angelo Stevens was living with
$100,000 of debt. He had just been told that, because of his
deteriorating finances, he was at risk of losing his security
clearance. If he lost his clearance, he would lose his job, which would
make his debt even more unmanageable.
Sergeant Stevens met with a military financial planner. He left
feeling hopeless and humiliated. He told a reporter:

I walked out thinking, ``If I'm dead, my family can get
$500,000 in life insurance, but I have to kill myself.''

Sergeant Stevens ultimately found help and survived, but he was far
from alone in his desperation.
Mr. VISCLOSKY. Will the gentleman yield?
Mr. HOLT. I am happy to yield to the gentleman.
Mr. VISCLOSKY. I appreciate the gentleman's concern and his focus, as
far as the problems that financial stress causes, and the additional $1
million and certainly believe it would be a good addition to the bill.
I think I speak on behalf of the committee, as far as accepting the
gentleman's amendment.
Mr. HOLT. I appreciate the gentleman's comments, and I can certainly
sum up quickly to say that I think it is important that we understand
how effectively suicide prevention programs at the Department of
Defense, the VA, and the Consumer Financial Protection Bureau are
working together and how they can work together better.
This is a serious national problem. This is one component of that
problem, and I thank the gentleman. Again, I commend everyone on the
subcommittee for the attention they are paying this year to this
important problem.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from New Jersey (Mr. Holt).
The amendment was agreed to.

Amendment Offered by Mr. Langevin

Mr. LANGEVIN. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:

Page 33, line 11, after the dollar amount, insert
``(reduced by $30,000,000) (increased by $30,000,000)''.
Page 33, line 19, after the dollar amount, insert
``(reduced by $30,000,000) (increased by $30,000,000)''.

The Acting CHAIR. Pursuant to House Resolution 628, the gentleman
from Rhode Island and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Rhode Island.

{time} 1815

Mr. LANGEVIN. Mr. Chairman, first of all, I rise to offer a very
simple amendment to direct the Assistant Secretary of Defense for
Health Affairs to increase individual grant amounts issued through the
Spinal Cord Injury Research Program.
I would like to begin, of course, by thanking Chairman Frelinghuysen
as well as Ranking Member Visclosky for their work on the underlying
bill and for their continued commitment to funding the Spinal Cord
Injury Research Program.
As someone who has suffered a spinal cord injury at the age of 16, I
am acutely aware of how important this research is to the millions of
servicemembers and civilians who suffer from various forms of paralysis
and other conditions related to spinal cord injury. They simply want to
know whether they will ever again be able to move, be able to walk, or
even be able to breathe on their own.
I am thrilled to say that we are beginning to see meaningful answers
in a positive way to these questions. Research into spinal cord
injuries is producing, right now, a wealth of groundbreaking
discoveries that are making treatment protocols never before envisioned
an actual achievable goal. However, if we want these advancements to
continue, particularly in the areas of translational research, then we
must make sure that we are providing higher grant award levels to the
researchers funded by the Spinal Cord Injury Program.
I say this because we have heard from researchers in the field of
spinal cord injury research that the current grant awards, though
meaningful, the ones that are issued to the program are not yet really
large enough to make an appreciable difference, given the promise that
the research shows right now.
So in the fiscal year 2013 appropriations measure, I was proud to
work with the Defense Appropriations Committee to double the funding
for the Spinal Cord Injury Research Program from $15 to $30 million;
and thanks to the hard work of Chairman Frelinghuysen as well as
Ranking Member Visclosky, we have been able to maintain that funding
level in this bill. I am incredibly grateful.
With twice the amount of funding allocated since 2013, it is time to
increase the amount of individual grants provided to the program's
recipients. Remarkable advancements are now ripe for further
development, but these next steps will only be achieved if the grant
awards keep pace with the growing complexities and costs of this
research.
With that, I thank, again, Chairman Frelinghuysen as well as Ranking
Member Visclosky. I urge my colleagues to adopt this amendment.

[[Page H5466]]

Mr. FRELINGHUYSEN. Will the gentleman yield?
Mr. LANGEVIN. I yield to the gentleman from New Jersey.
Mr. FRELINGHUYSEN. I know all members of our committee appreciate
your advocacy and obviously your special knowledge and view of spinal
cord injuries. We don't get involved in the process of funding grants,
but when you brought to our attention the fact that maybe larger sums
within the grants might expedite some of the exciting things that are
happening, it seemed to make sense to us, so I very much am in line
with the amendment that you put forward.
Mr. VISCLOSKY. Will the gentleman yield?
Mr. LANGEVIN. I yield to the gentleman from Indiana.
Mr. VISCLOSKY. I would add my voice to the chairman's, and what I
found most heartening is the hope that there is going to be success.
Because often we want to see the success, but you certainly have made
me hopeful that if we made the proper investment and have the
appropriate levels of funding for the grants, we can see improvement,
and for that I thank you very much.
Mr. LANGEVIN. I thank the ranking member. I thank both the gentlemen
for their comments, their support of this research.
When I was injured 34 years ago, I was told that I would never walk
again, that spinal cord injury repair was just too difficult, it would
never happen. We know now, because of research that is happening over
the years by dedicated researchers and where we are right now, that it
is no longer a question of if but when people with spinal cord injuries
will walk again, be able to breathe on their own again, and be able to
move again.
The support you have given to this amendment is going to help
millions of people. I thank both the chairman and, again, the ranking
member as well as the members of the committee.
Mr. Chair, with that, I again just want to express my deep
appreciation for the hard work that went into this bill. Of course
maintaining the current funding level at $30 million in this program
and the support of both Jim Frelinghuysen and Ranking Member Visclosky
encouraging larger grant awards, I know that this will make a
difference. Just hearing from the researchers in the field explaining
why and how the larger awards would make this difference, I know that
we will be seeing results very soon.
With that, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Rhode Island (Mr. Langevin).
The amendment was agreed to.
The Acting CHAIR. The Clerk will read.
The Clerk read as follows:

Chemical Agents and Munitions Destruction, Defense

For expenses, not otherwise provided for, necessary for the
destruction of the United States stockpile of lethal chemical
agents and munitions in accordance with the provisions of
section 1412 of the Department of Defense Authorization Act,
1986 (50 U.S.C. 1521), and for the destruction of other
chemical warfare materials that are not in the chemical
weapon stockpile, $828,868,000, of which $222,728,000 shall
be for operation and maintenance, of which no less than
$52,102,000 shall be for the Chemical Stockpile Emergency
Preparedness Program, consisting of $21,016,000 for
activities on military installations and $31,086,000, to
remain available until September 30, 2016, to assist State
and local governments; $10,227,000 shall be for procurement,
to remain available until September 30, 2017, of which
$3,225,000 shall be for the Chemical Stockpile Emergency
Preparedness Program to assist State and local governments;
and $595,913,000, to remain available until September 30,
2016, shall be for research, development, test and
evaluation, of which $575,808,000 shall only be for the
Assembled Chemical Weapons Alternatives program.

Drug Interdiction and Counter-Drug Activities, Defense

(including transfer of funds)

For drug interdiction and counter-drug activities of the
Department of Defense, for transfer to appropriations
available to the Department of Defense for military personnel
of the reserve components serving under the provisions of
title 10 and title 32, United States Code; for operation and
maintenance; for procurement; and for research, development,
test and evaluation, $944,687,000, of which $669,631,000
shall be for counter-narcotics support; $105,591,000 shall be
for the drug demand reduction program; and $169,465,000 shall
be for the National Guard counter-drug program: Provided,
That the funds appropriated under this heading shall be
available for obligation for the same time period and for the
same purpose as the appropriation to which transferred:
Provided further, That upon a determination that all or part
of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may
be transferred back to this appropriation: Provided further,
That the transfer authority provided under this heading is in
addition to any other transfer authority contained elsewhere
in this Act.

Joint Improvised Explosive Device Defeat Fund

(including transfer of funds)

For the ``Joint Improvised Explosive Device Defeat Fund'',
$65,464,000, to remain available until September 30, 2017:
Provided, That such funds shall be available to the Secretary
of Defense, notwithstanding any other provision of law, for
the purpose of allowing the Director of the Joint Improvised
Explosive Device Defeat Organization to investigate, develop
and provide equipment, supplies, services, training,
facilities, personnel and funds to assist United States
forces in the defeat of improvised explosive devices:
Provided further, That the Secretary of Defense may transfer
funds provided herein to appropriations for military
personnel; operation and maintenance; procurement; research,
development, test and evaluation; and defense working capital
funds to accomplish the purpose provided herein: Provided
further, That this transfer authority is in addition to any
other transfer authority available to the Department of
Defense: Provided further, That the Secretary of Defense
shall, not fewer than 15 days prior to making transfers from
this appropriation, notify the congressional defense
committees in writing of the details of any such transfer.

Office of the Inspector General

For expenses and activities of the Office of the Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, as amended, $311,830,000, of which
$310,830,000 shall be for operation and maintenance, of which
not to exceed $700,000 is available for emergencies and
extraordinary expenses to be expended on the approval or
authority of the Inspector General, and payments may be made
on the Inspector General's certificate of necessity for
confidential military purposes; and of which $1,000,000, to
remain available until September 30, 2017, shall be for
procurement.

Support for International Sporting Competitions

For logistical and security support for international
sporting competitions (including pay and non-travel related
allowances only for members of the Reserve Components of the
Armed Forces of the United States called or ordered to active
duty in connection with providing such support), $10,000,000,
to remain available until expended.

TITLE VII

RELATED AGENCIES

Central Intelligence Agency Retirement and Disability System Fund

For payment to the Central Intelligence Agency Retirement
and Disability System Fund, to maintain the proper funding
level for continuing the operation of the Central
Intelligence Agency Retirement and Disability System,
$514,000,000.

Intelligence Community Management Account

For necessary expenses of the Intelligence Community
Management Account, $501,194,000.

Amendment Offered by Mr. Holt

Mr. HOLT. Mr. Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:

Page 39, line 12, after the dollar amount, insert
``(reduced by $2,000,000) (increased by $2,000,000)''.

The Acting CHAIR. Pursuant to House Resolution 628, the gentleman
from New Jersey and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from New Jersey.
Mr. HOLT. Mr. Chairman, let me begin by thanking Chairman
Frelinghuysen and Ranking Member Visclosky for their cooperation in
preparing this commonsense amendment.
My amendment would carve out $2 million within the $504 million
intelligence community management account and allocate it to the
intelligence community whistleblowing and source protection
directorate, which is a component of the Office of the Inspector
General of the intelligence community.
Currently, this directorate is literally a one-man operation. Now,
the intelligence community is a closed, secretive community. It is
different from almost all other agencies this Congress deals with. Only
from workers within these programs are we likely to learn about
improprieties. Given the fact

[[Page H5467]]

that there are tens of thousands of Federal employees and contractors
who work for the intelligence community elements, it is not realistic
to expect the IC inspector general to be able to receive and
investigate effectively any and all valid complaints from conscientious
internal whistleblowers through a single investigator, no matter how
talented that investigator may be. This $2 million reallocation of
funds will help the community whistleblowing and source protection
directorate hire more needed additional investigators and support staff
and will fund outreach and education efforts across the intelligence
community.
For our system of oversight of the intelligence community to work
properly, it is vital that all employees and contractors know where and
how they can report lawfully potential incidents of waste, fraud,
abuse, criminal conduct, or whistleblower retaliation. So this
directorate can truly become that place only if it has sufficient
resources. I see this as a step in that direction. This amendment will
ensure that they have resources to respond to legitimate concerns.
Mr. VISCLOSKY. Will the gentleman yield?
Mr. HOLT. I yield to the gentleman from Indiana.
Mr. VISCLOSKY. I am always cautious about people who have suggested
in the past that we would balance the budget if we eliminated waste,
fraud, and abuse. But the gentleman is correct; there are occurrences
of waste, fraud, abuse, or inefficiencies.
The investment the gentleman is talking about I think is a wise one,
to make sure that we do protect the taxpayer's dollar, ferret out those
monies that are ill spent to make sure it doesn't happen again, and to
make sure that those who are doing the right thing are protected in the
performance of their duty on behalf of the Government of the United
States.
So I appreciate the gentleman's amendment.
Mr. HOLT. I thank the gentleman.
If I may make one comment in response to the ranking member and then
yield to the chairman, there has been a lot of concern in this House
about people going public with concerns about activities in the
intelligence community, and we should want them to have a reliable
channel through which they can lawfully express their concerns about
criminal activity, about whistleblower retaliation or waste, fraud, and
abuse. This office, underfunded as it currently is, is the official
place for them to go, and we should make it more accessible.
Mr. FRELINGHUYSEN. Will the gentleman yield?
Mr. HOLT. I would be pleased to yield to the gentleman from New
Jersey.
Mr. FRELINGHUYSEN. Thank you for yielding.
Our committee has long supported whistleblower protections. May I
commend you on your two amendments today. You have got two in the win
column and none in the loss column.
Mr. HOLT. I thank the gentleman, and 2 and 0 in this soccer day is
probably a pretty good score.
So with that, I yield back the balance of my time with thanks to the
chair and ranking member.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from New Jersey (Mr. Frelinghuysen).
The amendment was agreed to.
The Acting CHAIR. The Clerk will read.
The Clerk read as follows:

TITLE VIII

GENERAL PROVISIONS

Sec. 8001. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes not
authorized by the Congress.
Sec. 8002. During the current fiscal year, provisions of
law prohibiting the payment of compensation to, or employment
of, any person not a citizen of the United States shall not
apply to personnel of the Department of Defense: Provided,
That salary increases granted to direct and indirect hire
foreign national employees of the Department of Defense
funded by this Act shall not be at a rate in excess of the
percentage increase authorized by law for civilian employees
of the Department of Defense whose pay is computed under the
provisions of section 5332 of title 5, United States Code, or
at a rate in excess of the percentage increase provided by
the appropriate host nation to its own employees, whichever
is higher: Provided further, That this section shall not
apply to Department of Defense foreign service national
employees serving at United States diplomatic missions whose
pay is set by the Department of State under the Foreign
Service Act of 1980: Provided further, That the limitations
of this provision shall not apply to foreign national
employees of the Department of Defense in the Republic of
Turkey.
Sec. 8003. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year, unless expressly so provided herein.
Sec. 8004. No more than 20 percent of the appropriations
in this Act which are limited for obligation during the
current fiscal year shall be obligated during the last 2
months of the fiscal year: Provided, That this section shall
not apply to obligations for support of active duty training
of reserve components or summer camp training of the Reserve
Officers' Training Corps.

(transfer of funds)

Sec. 8005. Upon determination by the Secretary of Defense
that such action is necessary in the national interest, he
may, with the approval of the Office of Management and
Budget, transfer not to exceed $5,000,000,000 of working
capital funds of the Department of Defense or funds made
available in this Act to the Department of Defense for
military functions (except military construction) between
such appropriations or funds or any subdivision thereof, to
be merged with and to be available for the same purposes, and
for the same time period, as the appropriation or fund to
which transferred: Provided, That such authority to transfer
may not be used unless for higher priority items, based on
unforeseen military requirements, than those for which
originally appropriated and in no case where the item for
which funds are requested has been denied by the Congress:
Provided further, That the Secretary of Defense shall notify
the Congress promptly of all transfers made pursuant to this
authority or any other authority in this Act: Provided
further, That no part of the funds in this Act shall be
available to prepare or present a request to the Committees
on Appropriations for reprogramming of funds, unless for
higher priority items, based on unforeseen military
requirements, than those for which originally appropriated
and in no case where the item for which reprogramming is
requested has been denied by the Congress: Provided further,
That a request for multiple reprogrammings of funds using
authority provided in this section shall be made prior to
June 30, 2015: Provided further, That transfers among
military personnel appropriations shall not be taken into
account for purposes of the limitation on the amount of funds
that may be transferred under this section.
Sec. 8006. (a) With regard to the list of specific
programs, projects, and activities (and the dollar amounts
and adjustments to budget activities corresponding to such
programs, projects, and activities) contained in the tables
titled ``Explanation of Project Level Adjustments'' in the
explanatory statement regarding this Act, the obligation and
expenditure of amounts appropriated or otherwise made
available in this Act for those programs, projects, and
activities for which the amounts appropriated exceed or are
less than the amounts requested are hereby required by law to
be carried out in the manner provided by such tables to the
same extent as if the tables were included in the text of
this Act.
(b) Amounts specified in the referenced tables described in
subsection (a) shall not be treated as subdivisions of
appropriations for purposes of section 8005 of this Act:
Provided, That section 8005 shall apply when transfers of the
amounts described in subsection (a) occur between
appropriation accounts.
Sec. 8007. (a) Not later than 60 days after enactment of
this Act, the Department of Defense shall submit a report to
the congressional defense committees to establish the
baseline for application of reprogramming and transfer
authorities for fiscal year 2015: Provided, That the report
shall include--
(1) a table for each appropriation with a separate column
to display the President's budget request, adjustments made
by Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation both
by budget activity and program, project, and activity as
detailed in the Budget Appendix; and
(3) an identification of items of special congressional
interest.
(b) Notwithstanding section 8005 of this Act, none of the
funds provided in this Act shall be available for
reprogramming or transfer until the report identified in
subsection (a) is submitted to the congressional defense
committees, unless the Secretary of Defense certifies in
writing to the congressional defense committees that such
reprogramming or transfer is necessary as an emergency
requirement.

(transfer of funds)

Sec. 8008. During the current fiscal year, cash balances
in working capital funds of the Department of Defense
established pursuant to section 2208 of title 10, United
States Code, may be maintained in only such amounts as are
necessary at any time for cash disbursements to be made from
such funds: Provided, That transfers may be made between such
funds: Provided further, That transfers may be made between
working capital funds and the ``Foreign Currency
Fluctuations, Defense'' appropriation and the

[[Page H5468]]

``Operation and Maintenance'' appropriation accounts in such
amounts as may be determined by the Secretary of Defense,
with the approval of the Office of Management and Budget,
except that such transfers may not be made unless the
Secretary of Defense has notified the Congress of the
proposed transfer. Except in amounts equal to the amounts
appropriated to working capital funds in this Act, no
obligations may be made against a working capital fund to
procure or increase the value of war reserve material
inventory, unless the Secretary of Defense has notified the
Congress prior to any such obligation.
Sec. 8009. Funds appropriated by this Act may not be used
to initiate a special access program without prior
notification 30 calendar days in advance to the congressional
defense committees.
Sec. 8010. None of the funds provided in this Act shall be
available to initiate: (1) a multiyear contract that employs
economic order quantity procurement in excess of $20,000,000
in any one year of the contract or that includes an unfunded
contingent liability in excess of $20,000,000; or (2) a
contract for advance procurement leading to a multiyear
contract that employs economic order quantity procurement in
excess of $20,000,000 in any one year, unless the
congressional defense committees have been notified at least
30 days in advance of the proposed contract award: Provided,
That no part of any appropriation contained in this Act shall
be available to initiate a multiyear contract for which the
economic order quantity advance procurement is not funded at
least to the limits of the Government's liability: Provided
further, That no part of any appropriation contained in this
Act shall be available to initiate multiyear procurement
contracts for any systems or component thereof if the value
of the multiyear contract would exceed $500,000,000 unless
specifically provided in this Act: Provided further, That no
multiyear procurement contract can be terminated without 10-
day prior notification to the congressional defense
committees: Provided further, That the execution of multiyear
authority shall require the use of a present value analysis
to determine lowest cost compared to an annual procurement:
Provided further, That none of the funds provided in this Act
may be used for a multiyear contract executed after the date
of the enactment of this Act unless in the case of any such
contract--
(1) the Secretary of Defense has submitted to Congress a
budget request for full funding of units to be procured
through the contract and, in the case of a contract for
procurement of aircraft, that includes, for any aircraft unit
to be procured through the contract for which procurement
funds are requested in that budget request for production
beyond advance procurement activities in the fiscal year
covered by the budget, full funding of procurement of such
unit in that fiscal year;
(2) cancellation provisions in the contract do not include
consideration of recurring manufacturing costs of the
contractor associated with the production of unfunded units
to be delivered under the contract;
(3) the contract provides that payments to the contractor
under the contract shall not be made in advance of incurred
costs on funded units; and
(4) the contract does not provide for a price adjustment
based on a failure to award a follow-on contract.
Sec. 8011. Within the funds appropriated for the operation
and maintenance of the Armed Forces, funds are hereby
appropriated pursuant to section 401 of title 10, United
States Code, for humanitarian and civic assistance costs
under chapter 20 of title 10, United States Code. Such funds
may also be obligated for humanitarian and civic assistance
costs incidental to authorized operations and pursuant to
authority granted in section 401 of chapter 20 of title 10,
United States Code, and these obligations shall be reported
as required by section 401(d) of title 10, United States
Code: Provided, That funds available for operation and
maintenance shall be available for providing humanitarian and
similar assistance by using Civic Action Teams in the Trust
Territories of the Pacific Islands and freely associated
states of Micronesia, pursuant to the Compact of Free
Association as authorized by Public Law 99-239: Provided
further, That upon a determination by the Secretary of the
Army that such action is beneficial for graduate medical
education programs conducted at Army medical facilities
located in Hawaii, the Secretary of the Army may authorize
the provision of medical services at such facilities and
transportation to such facilities, on a nonreimbursable
basis, for civilian patients from American Samoa, the
Commonwealth of the Northern Mariana Islands, the Marshall
Islands, the Federated States of Micronesia, Palau, and Guam.
Sec. 8012. (a) During fiscal year 2015, the civilian
personnel of the Department of Defense may not be managed on
the basis of any end-strength, and the management of such
personnel during that fiscal year shall not be subject to any
constraint or limitation (known as an end-strength) on the
number of such personnel who may be employed on the last day
of such fiscal year.
(b) The fiscal year 2016 budget request for the Department
of Defense as well as all justification material and other
documentation supporting the fiscal year 2016 Department of
Defense budget request shall be prepared and submitted to the
Congress as if subsections (a) and (b) of this provision were
effective with regard to fiscal year 2016.
(c) As required by section 1107 of the National Defense
Authorization Act for Fiscal Year 2014 (Public Law 113-66; 10
U.S.C. 2358 note) civilian personnel at the Department of
Army Science and Technology Reinvention Laboratories may not
be managed on the basis of the Table of Distribution and
Allowances, and the management of the workforce strength
shall be done in a manner consistent with the budget
available with respect to such Laboratories.
(d) Nothing in this section shall be construed to apply to
military (civilian) technicians.
Sec. 8013. None of the funds made available by this Act
shall be used in any way, directly or indirectly, to
influence congressional action on any legislation or
appropriation matters pending before the Congress.
Sec. 8014. None of the funds appropriated by this Act
shall be available for the basic pay and allowances of any
member of the Army participating as a full-time student and
receiving benefits paid by the Secretary of Veterans Affairs
from the Department of Defense Education Benefits Fund when
time spent as a full-time student is credited toward
completion of a service commitment: Provided, That this
section shall not apply to those members who have reenlisted
with this option prior to October 1, 1987: Provided further,
That this section applies only to active components of the
Army.

(transfer of funds)

Sec. 8015. Funds appropriated in title III of this Act for
the Department of Defense Pilot Mentor-Protege Program may be
transferred to any other appropriation contained in this Act
solely for the purpose of implementing a Mentor-Protege
Program developmental assistance agreement pursuant to
section 831 of the National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note),
as amended, under the authority of this provision or any
other transfer authority contained in this Act.
Sec. 8016. None of the funds in this Act may be available
for the purchase by the Department of Defense (and its
departments and agencies) of welded shipboard anchor and
mooring chain 4 inches in diameter and under unless the
anchor and mooring chain are manufactured in the United
States from components which are substantially manufactured
in the United States: Provided, That for the purpose of this
section, the term ``manufactured'' shall include cutting,
heat treating, quality control, testing of chain and welding
(including the forging and shot blasting process): Provided
further, That for the purpose of this section substantially
all of the components of anchor and mooring chain shall be
considered to be produced or manufactured in the United
States if the aggregate cost of the components produced or
manufactured in the United States exceeds the aggregate cost
of the components produced or manufactured outside the United
States: Provided further, That when adequate domestic
supplies are not available to meet Department of Defense
requirements on a timely basis, the Secretary of the service
responsible for the procurement may waive this restriction on
a case-by-case basis by certifying in writing to the
Committees on Appropriations that such an acquisition must be
made in order to acquire capability for national security
purposes.
Sec. 8017. None of the funds available to the Department
of Defense in the current fiscal year or any fiscal year
hereafter may be used to demilitarize or dispose of M-1
Carbines, M-1 Garand rifles, M-14 rifles, .22 caliber rifles,
.30 caliber rifles, or M-1911 pistols, or to demilitarize or
destroy small arms ammunition or ammunition components that
are not otherwise prohibited from commercial sale under
Federal law, unless the small arms ammunition or ammunition
components are certified by the Secretary of the Army or
designee as unserviceable or unsafe for further use.
Sec. 8018. No more than $500,000 of the funds appropriated
or made available in this Act shall be used during a single
fiscal year for any single relocation of an organization,
unit, activity or function of the Department of Defense into
or within the National Capital Region: Provided, That the
Secretary of Defense may waive this restriction on a case-by-
case basis by certifying in writing to the congressional
defense committees that such a relocation is required in the
best interest of the Government.
Sec. 8019. Of the funds made available in this Act,
$15,000,000 shall be available for incentive payments
authorized by section 504 of the Indian Financing Act of 1974
(25 U.S.C. 1544): Provided, That a prime contractor or a
subcontractor at any tier that makes a subcontract award to
any subcontractor or supplier as defined in section 1544 of
title 25, United States Code, or a small business owned and
controlled by an individual or individuals defined under
section 4221(9) of title 25, United States Code, shall be
considered a contractor for the purposes of being allowed
additional compensation under section 504 of the Indian
Financing Act of 1974 (25 U.S.C. 1544) whenever the prime
contract or subcontract amount is over $500,000 and involves
the expenditure of funds appropriated by an Act making
appropriations for the Department of Defense with respect to
any fiscal year: Provided further, That notwithstanding
section 1906 of title 41, United States Code, this section
shall be applicable to any Department of Defense acquisition
of supplies or services, including any contract

[[Page H5469]]

and any subcontract at any tier for acquisition of commercial
items produced or manufactured, in whole or in part, by any
subcontractor or supplier defined in section 1544 of title
25, United States Code, or a small business owned and
controlled by an individual or individuals defined under
section 4221(9) of title 25, United States Code.
Sec. 8020. Funds appropriated by this Act for the Defense
Media Activity shall not be used for any national or
international political or psychological activities.
Sec. 8021. During the current fiscal year, the Department
of Defense is authorized to incur obligations of not to
exceed $350,000,000 for purposes specified in section
2350j(c) of title 10, United States Code, in anticipation of
receipt of contributions, only from the Government of Kuwait,
under that section: Provided, That upon receipt, such
contributions from the Government of Kuwait shall be credited
to the appropriations or fund which incurred such
obligations.
Sec. 8022. (a) Of the funds made available in this Act, not
less than $39,500,000 shall be available for the Civil Air
Patrol Corporation, of which--
(1) $27,400,000 shall be available from ``Operation and
Maintenance, Air Force'' to support Civil Air Patrol
Corporation operation and maintenance, readiness, counter-
drug activities, and drug demand reduction activities
involving youth programs;
(2) $10,400,000 shall be available from ``Aircraft
Procurement, Air Force''; and
(3) $1,700,000 shall be available from ``Other Procurement,
Air Force'' for vehicle procurement.
(b) The Secretary of the Air Force should waive
reimbursement for any funds used by the Civil Air Patrol for
counter-drug activities in support of Federal, State, and
local government agencies.
Sec. 8023. (a) None of the funds appropriated in this Act
are available to establish a new Department of Defense
(department) federally funded research and development center
(FFRDC), either as a new entity, or as a separate entity
administrated by an organization managing another FFRDC, or
as a nonprofit membership corporation consisting of a
consortium of other FFRDCs and other nonprofit entities.
(b) No member of a Board of Directors, Trustees, Overseers,
Advisory Group, Special Issues Panel, Visiting Committee, or
any similar entity of a defense FFRDC, and no paid consultant
to any defense FFRDC, except when acting in a technical
advisory capacity, may be compensated for his or her services
as a member of such entity, or as a paid consultant by more
than one FFRDC in a fiscal year: Provided, That a member of
any such entity referred to previously in this subsection
shall be allowed travel expenses and per diem as authorized
under the Federal Joint Travel Regulations, when engaged in
the performance of membership duties.
(c) Notwithstanding any other provision of law, none of the
funds available to the department from any source during
fiscal year 2015 may be used by a defense FFRDC, through a
fee or other payment mechanism, for construction of new
buildings, for payment of cost sharing for projects funded by
Government grants, for absorption of contract overruns, or
for certain charitable contributions, not to include employee
participation in community service and/or development.
(d) Notwithstanding any other provision of law, of the
funds available to the department during fiscal year 2015,
not more than 5,750 staff years of technical effort (staff
years) may be funded for defense FFRDCs: Provided, That of
the specific amount referred to previously in this
subsection, not more than 1,125 staff years may be funded for
the defense studies and analysis FFRDCs: Provided further,
That this subsection shall not apply to staff years funded in
the National Intelligence Program (NIP) and the Military
Intelligence Program (MIP).
(e) The Secretary of Defense shall, with the submission of
the department's fiscal year 2016 budget request, submit a
report presenting the specific amounts of staff years of
technical effort to be allocated for each defense FFRDC
during that fiscal year and the associated budget estimates.
(f) Notwithstanding any other provision of this Act, the
total amount appropriated in this Act for FFRDCs is hereby
reduced by $40,000,000.
Sec. 8024. None of the funds appropriated or made
available in this Act shall be used to procure carbon, alloy,
or armor steel plate for use in any Government-owned facility
or property under the control of the Department of Defense
which were not melted and rolled in the United States or
Canada: Provided, That these procurement restrictions shall
apply to any and all Federal Supply Class 9515, American
Society of Testing and Materials (ASTM) or American Iron and
Steel Institute (AISI) specifications of carbon, alloy or
armor steel plate: Provided further, That the Secretary of
the military department responsible for the procurement may
waive this restriction on a case-by-case basis by certifying
in writing to the Committees on Appropriations of the House
of Representatives and the Senate that adequate domestic
supplies are not available to meet Department of Defense
requirements on a timely basis and that such an acquisition
must be made in order to acquire capability for national
security purposes: Provided further, That these restrictions
shall not apply to contracts which are in being as of the
date of the enactment of this Act.
Sec. 8025. For the purposes of this Act, the term
``congressional defense committees'' means the Armed Services
Committee of the House of Representatives, the Armed Services
Committee of the Senate, the Subcommittee on Defense of the
Committee on Appropriations of the Senate, and the
Subcommittee on Defense of the Committee on Appropriations of
the House of Representatives.
Sec. 8026. During the current fiscal year, the Department
of Defense may acquire the modification, depot maintenance
and repair of aircraft, vehicles and vessels as well as the
production of components and other Defense-related articles,
through competition between Department of Defense depot
maintenance activities and private firms: Provided, That the
Senior Acquisition Executive of the military department or
Defense Agency concerned, with power of delegation, shall
certify that successful bids include comparable estimates of
all direct and indirect costs for both public and private
bids: Provided further, That Office of Management and Budget
Circular A-76 shall not apply to competitions conducted under
this section.
Sec. 8027. (a)(1) If the Secretary of Defense, after
consultation with the United States Trade Representative,
determines that a foreign country which is party to an
agreement described in paragraph (2) has violated the terms
of the agreement by discriminating against certain types of
products produced in the United States that are covered by
the agreement, the Secretary of Defense shall rescind the
Secretary's blanket waiver of the Buy American Act with
respect to such types of products produced in that foreign
country.
(2) An agreement referred to in paragraph (1) is any
reciprocal defense procurement memorandum of understanding,
between the United States and a foreign country pursuant to
which the Secretary of Defense has prospectively waived the
Buy American Act for certain products in that country.
(b) The Secretary of Defense shall submit to the Congress a
report on the amount of Department of Defense purchases from
foreign entities in fiscal year 2015. Such report shall
separately indicate the dollar value of items for which the
Buy American Act was waived pursuant to any agreement
described in subsection (a)(2), the Trade Agreement Act of
1979 (19 U.S.C. 2501 et seq.), or any international agreement
to which the United States is a party.
(c) For purposes of this section, the term ``Buy American
Act'' means chapter 83 of title 41, United States Code.
Sec. 8028. During the current fiscal year, amounts
contained in the Department of Defense Overseas Military
Facility Investment Recovery Account established by section
2921(c)(1) of the National Defense Authorization Act of 1991
(Public Law 101-510; 10 U.S.C. 2687 note) shall be available
until expended for the payments specified by section
2921(c)(2) of that Act.
Sec. 8029. (a) Notwithstanding any other provision of law,
the Secretary of the Air Force may convey at no cost to the
Air Force, without consideration, to Indian tribes located in
the States of Nevada, Idaho, North Dakota, South Dakota,
Montana, Oregon, Minnesota, and Washington relocatable
military housing units located at Grand Forks Air Force Base,
Malmstrom Air Force Base, Mountain Home Air Force Base,
Ellsworth Air Force Base, and Minot Air Force Base that are
excess to the needs of the Air Force.
(b) The Secretary of the Air Force shall convey, at no cost
to the Air Force, military housing units under subsection (a)
in accordance with the request for such units that are
submitted to the Secretary by the Operation Walking Shield
Program on behalf of Indian tribes located in the States of
Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon,
Minnesota, and Washington. Any such conveyance shall be
subject to the condition that the housing units shall be
removed within a reasonable period of time, as determined by
the Secretary.
(c) The Operation Walking Shield Program shall resolve any
conflicts among requests of Indian tribes for housing units
under subsection (a) before submitting requests to the
Secretary of the Air Force under subsection (b).
(d) In this section, the term ``Indian tribe'' means any
recognized Indian tribe included on the current list
published by the Secretary of the Interior under section 104
of the Federally Recognized Indian Tribe Act of 1994 (Public
Law 103-454; 108 Stat. 4792; 25 U.S.C. 479a-1).
Sec. 8030. During the current fiscal year, appropriations
which are available to the Department of Defense for
operation and maintenance may be used to purchase items
having an investment item unit cost of not more than
$250,000.
Sec. 8031. (a) During the current fiscal year, none of the
appropriations or funds available to the Department of
Defense Working Capital Funds shall be used for the purchase
of an investment item for the purpose of acquiring a new
inventory item for sale or anticipated sale during the
current fiscal year or a subsequent fiscal year to customers
of the Department of Defense Working Capital Funds if such an
item would not have been chargeable to the Department of
Defense Business Operations Fund during fiscal year 1994 and
if the purchase of such an investment item would be
chargeable during the current fiscal year to appropriations
made to the Department of Defense for procurement.
(b) The fiscal year 2016 budget request for the Department
of Defense as well as all justification material and other
documentation

[[Page H5470]]

supporting the fiscal year 2016 Department of Defense budget
shall be prepared and submitted to the Congress on the basis
that any equipment which was classified as an end item and
funded in a procurement appropriation contained in this Act
shall be budgeted for in a proposed fiscal year 2016
procurement appropriation and not in the supply management
business area or any other area or category of the Department
of Defense Working Capital Funds.
Sec. 8032. None of the funds appropriated by this Act for
programs of the Central Intelligence Agency shall remain
available for obligation beyond the current fiscal year,
except for funds appropriated for the Reserve for
Contingencies, which shall remain available until September
30, 2016: Provided, That funds appropriated, transferred, or
otherwise credited to the Central Intelligence Agency Central
Services Working Capital Fund during this or any prior or
subsequent fiscal year shall remain available until expended:
Provided further, That any funds appropriated or transferred
to the Central Intelligence Agency for advanced research and
development acquisition, for agent operations, and for covert
action programs authorized by the President under section 503
of the National Security Act of 1947 (50 U.S.C. 3093) shall
remain available until September 30, 2016.
Sec. 8033. Notwithstanding any other provision of law,
funds made available in this Act for the Defense Intelligence
Agency may be used for the design, development, and
deployment of General Defense Intelligence Program
intelligence communications and intelligence information
systems for the Services, the Unified and Specified Commands,
and the component commands.
Sec. 8034. Of the funds appropriated to the Department of
Defense under the heading ``Operation and Maintenance,
Defense-Wide'', not less than $12,000,000 shall be made
available only for the mitigation of environmental impacts,
including training and technical assistance to tribes,
related administrative support, the gathering of information,
documenting of environmental damage, and developing a system
for prioritization of mitigation and cost to complete
estimates for mitigation, on Indian lands resulting from
Department of Defense activities.
Sec. 8035. (a) None of the funds appropriated in this Act
may be expended by an entity of the Department of Defense
unless the entity, in expending the funds, complies with the
Buy American Act. For purposes of this subsection, the term
``Buy American Act'' means chapter 83 of title 41, United
States Code.
(b) If the Secretary of Defense determines that a person
has been convicted of intentionally affixing a label bearing
a ``Made in America'' inscription to any product sold in or
shipped to the United States that is not made in America, the
Secretary shall determine, in accordance with section 2410f
of title 10, United States Code, whether the person should be
debarred from contracting with the Department of Defense.
(c) In the case of any equipment or products purchased with
appropriations provided under this Act, it is the sense of
the Congress that any entity of the Department of Defense, in
expending the appropriation, purchase only American-made
equipment and products, provided that American-made equipment
and products are cost-competitive, quality competitive, and
available in a timely fashion.
Sec. 8036. None of the funds appropriated by this Act
shall be available for a contract for studies, analysis, or
consulting services entered into without competition on the
basis of an unsolicited proposal unless the head of the
activity responsible for the procurement determines--
(1) as a result of thorough technical evaluation, only one
source is found fully qualified to perform the proposed work;
(2) the purpose of the contract is to explore an
unsolicited proposal which offers significant scientific or
technological promise, represents the product of original
thinking, and was submitted in confidence by one source; or
(3) the purpose of the contract is to take advantage of
unique and significant industrial accomplishment by a
specific concern, or to insure that a new product or idea of
a specific concern is given financial support: Provided, That
this limitation shall not apply to contracts in an amount of
less than $25,000, contracts related to improvements of
equipment that is in development or production, or contracts
as to which a civilian official of the Department of Defense,
who has been confirmed by the Senate, determines that the
award of such contract is in the interest of the national
defense.
Sec. 8037. (a) Except as provided in subsections (b) and
(c), none of the funds made available by this Act may be
used--
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the Armed Forces or
civilian employee of the department who is transferred or
reassigned from a headquarters activity if the member or
employee's place of duty remains at the location of that
headquarters.
(b) The Secretary of Defense or Secretary of a military
department may waive the limitations in subsection (a), on a
case-by-case basis, if the Secretary determines, and
certifies to the Committees on Appropriations of the House of
Representatives and the Senate that the granting of the
waiver will reduce the personnel requirements or the
financial requirements of the department.
(c) This section does not apply to--
(1) field operating agencies funded within the National
Intelligence Program;
(2) an Army field operating agency established to
eliminate, mitigate, or counter the effects of improvised
explosive devices, and, as determined by the Secretary of the
Army, other similar threats;
(3) an Army field operating agency established to improve
the effectiveness and efficiencies of biometric activities
and to integrate common biometric technologies throughout the
Department of Defense; or
(4) an Air Force field operating agency established to
administer the Air Force Mortuary Affairs Program and
Mortuary Operations for the Department of Defense and
authorized Federal entities.
Sec. 8038. (a) None of the funds appropriated by this Act
shall be available to convert to contractor performance an
activity or function of the Department of Defense that, on or
after the date of the enactment of this Act, is performed by
Department of Defense civilian employees unless--
(1) the conversion is based on the result of a public-
private competition that includes a most efficient and cost
effective organization plan developed by such activity or
function;
(2) the Competitive Sourcing Official determines that, over
all performance periods stated in the solicitation of offers
for performance of the activity or function, the cost of
performance of the activity or function by a contractor would
be less costly to the Department of Defense by an amount that
equals or exceeds the lesser of--
(A) 10 percent of the most efficient organization's
personnel-related costs for performance of that activity or
function by Federal employees; or
(B) $10,000,000; and
(3) the contractor does not receive an advantage for a
proposal that would reduce costs for the Department of
Defense by--
(A) not making an employer-sponsored health insurance plan
available to the workers who are to be employed in the
performance of that activity or function under the contract;
or
(B) offering to such workers an employer-sponsored health
benefits plan that requires the employer to contribute less
towards the premium or subscription share than the amount
that is paid by the Department of Defense for health benefits
for civilian employees under chapter 89 of title 5, United
States Code.
(b)(1) The Department of Defense, without regard to
subsection (a) of this section or subsection (a), (b), or (c)
of section 2461 of title 10, United States Code, and
notwithstanding any administrative regulation, requirement,
or policy to the contrary shall have full authority to enter
into a contract for the performance of any commercial or
industrial type function of the Department of Defense that--
(A) is included on the procurement list established
pursuant to section 2 of the Javits-Wagner-O'Day Act (section
8503 of title 41, United States Code);
(B) is planned to be converted to performance by a
qualified nonprofit agency for the blind or by a qualified
nonprofit agency for other severely handicapped individuals
in accordance with that Act; or
(C) is planned to be converted to performance by a
qualified firm under at least 51 percent ownership by an
Indian tribe, as defined in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450b(e)), or a Native Hawaiian Organization, as defined in
section 8(a)(15) of the Small Business Act (15 U.S.C.
637(a)(15)).
(2) This section shall not apply to depot contracts or
contracts for depot maintenance as provided in sections 2469
and 2474 of title 10, United States Code.
(c) The conversion of any activity or function of the
Department of Defense under the authority provided by this
section shall be credited toward any competitive or
outsourcing goal, target, or measurement that may be
established by statute, regulation, or policy and is deemed
to be awarded under the authority of, and in compliance with,
subsection (h) of section 2304 of title 10, United States
Code, for the competition or outsourcing of commercial
activities.

(rescissions)

Sec. 8039. Of the funds appropriated in Department of
Defense Appropriations Acts, the following funds are hereby
rescinded from the following accounts and programs in the
specified amounts:
``Aircraft Procurement, Army'', 2013/2015, $27,000,000;
``Weapons and Tracked Combat Vehicles, Army'', 2013/2015,
$5,000,000;
``Other Procurement, Army'', 2013/2015, $30,000,000;
``Aircraft Procurement, Navy'', 2013/2015, $47,200,000;
``Weapons Procurement, Navy'', 2013/2015, $27,000,000;
``Aircraft Procurement, Air Force'', 2013/2015,
$71,100,000;
``Missile Procurement, Air Force'', 2013/2015, $13,800,000;
``Other Procurement, Army'', 2014/2016, $200,000,000;
``Aircraft Procurement, Navy'', 2014/2016, $171,622,000;
``Weapons Procurement, Navy'', 2014/2016, $91,436,000;
``Other Procurement, Navy'', 2014/2016, $1,505,000;
``Aircraft Procurement, Air Force'', 2014/2016,
$47,400,000;
``Missile Procurement, Air Force'', 2014/2016,
$121,185,000;

[[Page H5471]]

``Research, Development, Test and Evaluation, Army'', 2014/
2015, $5,000,000; and
``Research, Development, Test and Evaluation, Navy'', 2014/
2015, $105,400,000:

Provided, That no amounts may be canceled from amounts that
were designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism or as an emergency
requirement pursuant to the Concurrent Resolution on the
Budget or the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended.
Sec. 8040. 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. 8041. None of the funds appropriated or otherwise
made available in this Act may be obligated or expended for
assistance to the Democratic People's Republic of Korea
unless specifically appropriated for that purpose.
Sec. 8042. 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. 8043. During the current fiscal year, none of the
funds appropriated in this Act may be used to reduce the
civilian medical and medical support personnel assigned to
military treatment facilities below the September 30, 2003,
level: Provided, That the Service Surgeons General may waive
this section by certifying to the congressional defense
committees that the beneficiary population is declining in
some catchment areas and civilian strength reductions may be
consistent with responsible resource stewardship and
capitation-based budgeting.
Sec. 8044. (a) None of the funds available to the
Department of Defense for any fiscal year for drug
interdiction or counter-drug activities may be transferred to
any other department or agency of the United States except as
specifically provided in an appropriations law.
(b) None of the funds available to the Central Intelligence
Agency for any fiscal year for drug interdiction or counter-
drug activities may be transferred to any other department or
agency of the United States except as specifically provided
in an appropriations law.
Sec. 8045. None of the funds appropriated by this Act may
be used for the procurement of ball and roller bearings other
than those produced by a domestic source and of domestic
origin: Provided, That the Secretary of the military
department responsible for such procurement may waive this
restriction on a case-by-case basis by certifying in writing
to the Committees on Appropriations of the House of
Representatives and the Senate, that adequate domestic
supplies are not available to meet Department of Defense
requirements on a timely basis and that such an acquisition
must be made in order to acquire capability for national
security purposes: Provided further, That this restriction
shall not apply to the purchase of ``commercial items'', as
defined by section 4(12) of the Office of Federal Procurement
Policy Act, except that the restriction shall apply to ball
or roller bearings purchased as end items.
Sec. 8046. None of the funds in this Act may be used to
purchase any supercomputer which is not manufactured in the
United States, unless the Secretary of Defense certifies to
the congressional defense committees that such an acquisition
must be made in order to acquire capability for national
security purposes that is not available from United States
manufacturers.
Sec. 8047. None of the funds made available in this or any
other Act may be used to pay the salary of any officer or
employee of the Department of Defense who approves or
implements the transfer of administrative responsibilities or
budgetary resources of any program, project, or activity
financed by this Act to the jurisdiction of another Federal
agency not financed by this Act without the express
authorization of Congress: Provided, That this limitation
shall not apply to transfers of funds expressly provided for
in Defense Appropriations Acts, or provisions of Acts
providing supplemental appropriations for the Department of
Defense.
Sec. 8048. (a) Notwithstanding any other provision of law,
none of the funds available to the Department of Defense for
the current fiscal year may be obligated or expended to
transfer to another nation or an international organization
any defense articles or services (other than intelligence
services) for use in the activities described in subsection
(b) unless the congressional defense committees, the
Committee on Foreign Affairs of the House of Representatives,
and the Committee on Foreign Relations of the Senate are
notified 15 days in advance of such transfer.
(b) This section applies to--
(1) any international peacekeeping or peace-enforcement
operation under the authority of chapter VI or chapter VII of
the United Nations Charter under the authority of a United
Nations Security Council resolution; and
(2) any other international peacekeeping, peace-
enforcement, or humanitarian assistance operation.
(c) A notice under subsection (a) shall include the
following:
(1) A description of the equipment, supplies, or services
to be transferred.
(2) A statement of the value of the equipment, supplies, or
services to be transferred.
(3) In the case of a proposed transfer of equipment or
supplies--
(A) a statement of whether the inventory requirements of
all elements of the Armed Forces (including the reserve
components) for the type of equipment or supplies to be
transferred have been met; and
(B) a statement of whether the items proposed to be
transferred will have to be replaced and, if so, how the
President proposes to provide funds for such replacement.
Sec. 8049. None of the funds available to the Department
of Defense under this Act shall be obligated or expended to
pay a contractor under a contract with the Department of
Defense for costs of any amount paid by the contractor to an
employee when--
(1) such costs are for a bonus or otherwise in excess of
the normal salary paid by the contractor to the employee; and
(2) such bonus is part of restructuring costs associated
with a business combination.

(including transfer of funds)

Sec. 8050. During the current fiscal year, no more than
$30,000,000 of appropriations made in this Act under the
heading ``Operation and Maintenance, Defense-Wide'' may be
transferred to appropriations available for the pay of
military personnel, to be merged with, and to be available
for the same time period as the appropriations to which
transferred, to be used in support of such personnel in
connection with support and services for eligible
organizations and activities outside the Department of
Defense pursuant to section 2012 of title 10, United States
Code.
Sec. 8051. During the current fiscal year, in the case of
an appropriation account of the Department of Defense for
which the period of availability for obligation has expired
or which has closed under the provisions of section 1552 of
title 31, United States Code, and which has a negative
unliquidated or unexpended balance, an obligation or an
adjustment of an obligation may be charged to any current
appropriation account for the same purpose as the expired or
closed account if--
(1) the obligation would have been properly chargeable
(except as to amount) to the expired or closed account before
the end of the period of availability or closing of that
account;
(2) the obligation is not otherwise properly chargeable to
any current appropriation account of the Department of
Defense; and
(3) in the case of an expired account, the obligation is
not chargeable to a current appropriation of the Department
of Defense under the provisions of section 1405(b)(8) of the
National Defense Authorization Act for Fiscal Year 1991,
Public Law 101-510, as amended (31 U.S.C. 1551 note):
Provided, That in the case of an expired account, if
subsequent review or investigation discloses that there was
not in fact a negative unliquidated or unexpended balance in
the account, any charge to a current account under the
authority of this section shall be reversed and recorded
against the expired account: Provided further, That the total
amount charged to a current appropriation under this section
may not exceed an amount equal to 1 percent of the total
appropriation for that account.
Sec. 8052. (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. 8053. Using funds made available by this Act or any
other Act, the Secretary of the Air Force, pursuant to a
determination under section 2690 of title 10, United States
Code, may implement cost-effective agreements for required
heating facility modernization in the Kaiserslautern Military
Community in the Federal Republic of Germany: Provided, That
in the City of Kaiserslautern and at the Rhine Ordnance
Barracks area, such agreements will include the use of United
States anthracite as the base load energy for municipal
district heat to the United States Defense installations:
Provided further, That at Landstuhl Army Regional Medical
Center and Ramstein Air Base, furnished heat may be obtained
from private, regional or municipal services, if provisions
are included for the consideration of United States coal as
an energy source.
Sec. 8054. None of the funds appropriated in title IV of
this Act may be used to procure

[[Page H5472]]

end-items for delivery to military forces for operational
training, operational use or inventory requirements:
Provided, That this restriction does not apply to end-items
used in development, prototyping, and test activities
preceding and leading to acceptance for operational use:
Provided further, That this restriction does not apply to
programs funded within the National Intelligence Program:
Provided further, That the Secretary of Defense may waive
this restriction on a case-by-case basis by certifying in
writing to the Committees on Appropriations of the House of
Representatives and the Senate that it is in the national
security interest to do so.
Sec. 8055. (a) The Secretary of Defense may, on a case-by-
case basis, waive with respect to a foreign country each
limitation on the procurement of defense items from foreign
sources provided in law if the Secretary determines that the
application of the limitation with respect to that country
would invalidate cooperative programs entered into between
the Department of Defense and the foreign country, or would
invalidate reciprocal trade agreements for the procurement of
defense items entered into under section 2531 of title 10,
United States Code, and the country does not discriminate
against the same or similar defense items produced in the
United States for that country.
(b) Subsection (a) applies with respect to--
(1) contracts and subcontracts entered into on or after the
date of the enactment of this Act; and
(2) options for the procurement of items that are exercised
after such date under contracts that are entered into before
such date if the option prices are adjusted for any reason
other than the application of a waiver granted under
subsection (a).
(c) Subsection (a) does not apply to a limitation regarding
construction of public vessels, ball and roller bearings,
food, and clothing or textile materials as defined by section
11 (chapters 50-65) of the Harmonized Tariff Schedule and
products classified under headings 4010, 4202, 4203, 6401
through 6406, 6505, 7019, 7218 through 7229, 7304.41 through
7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109, 8211,
8215, and 9404.
Sec. 8056. (a) In General.--(1) None of the funds made
available by this Act may be used for any training,
equipment, or other assistance for the members of a unit of a
foreign security force if the Secretary of Defense has
credible information that the unit has committed a gross
violation of human rights.
(2) The Secretary of Defense, in consultation with the
Secretary of State, shall ensure that prior to a decision to
provide any training, equipment, or other assistance to a
unit of a foreign security force full consideration is given
to any credible information available to the Department of
State relating to human rights violations by such unit.
(b) Exception.--The prohibition in subsection (a)(1) shall
not apply if the Secretary of Defense, after consultation
with the Secretary of State, determines that the government
of such country has taken all necessary corrective steps, or
if the equipment or other assistance is necessary to assist
in disaster relief operations or other humanitarian or
national security emergencies.
(c) Waiver.--The Secretary of Defense, after consultation
with the Secretary of State, may waive the prohibition in
subsection (a)(1) if the Secretary of Defense determines that
such waiver is required by extraordinary circumstances.
(d) Procedures.--The Secretary of Defense shall establish,
and periodically update, procedures to ensure that any
information in the possession of the Department of Defense
about gross violations of human rights by units of foreign
security forces is shared on a timely basis with the
Department of State.
(e) Report.--Not more than 15 days after the application of
any exception under subsection (b) or the exercise of any
waiver under subsection (c), the Secretary of Defense shall
submit to the appropriate congressional committees a report--
(1) in the case of an exception under subsection (b),
providing notice of the use of the exception and stating the
grounds for the exception; and
(2) in the case of a waiver under subsection (c),
describing the information relating to the gross violation of
human rights; the extraordinary or other circumstances that
necessitate the waiver; the purpose and duration of the
training, equipment, or other assistance; and the United
States forces and the foreign security force unit involved.
(f) Definition.--For purposes of this section the term
``appropriate congressional committees'' means the
congressional defense committees and the Committees on
Appropriations.
Sec. 8057. None of the funds appropriated or otherwise
made available by this or other Department of Defense
Appropriations Acts may be obligated or expended for the
purpose of performing repairs or maintenance to military
family housing units of the Department of Defense, including
areas in such military family housing units that may be used
for the purpose of conducting official Department of Defense
business.
Sec. 8058. Notwithstanding any other provision of law,
funds appropriated in this Act under the heading ``Research,
Development, Test and Evaluation, Defense-Wide'' for any new
start advanced concept technology demonstration project or
joint capability demonstration project may only be obligated
45 days after a report, including a description of the
project, the planned acquisition and transition strategy and
its estimated annual and total cost, has been provided in
writing to the congressional defense committees: Provided,
That the Secretary of Defense may waive this restriction on a
case-by-case basis by certifying to the congressional defense
committees that it is in the national interest to do so.
Sec. 8059. The Secretary of Defense shall provide a
classified quarterly report beginning 30 days after enactment
of this Act, to the House and Senate Appropriations
Committees, Subcommittees on Defense on certain matters as
directed in the classified annex accompanying this Act.
Sec. 8060. During the current fiscal year, none of the
funds available to the Department of Defense may be used to
provide support to another department or agency of the United
States if such department or agency is more than 90 days in
arrears in making payment to the Department of Defense for
goods or services previously provided to such department or
agency on a reimbursable basis: Provided, That this
restriction shall not apply if the department is authorized
by law to provide support to such department or agency on a
nonreimbursable basis, and is providing the requested support
pursuant to such authority: Provided further, That the
Secretary of Defense may waive this restriction on a case-by-
case basis by certifying in writing to the Committees on
Appropriations of the House of Representatives and the Senate
that it is in the national security interest to do so.
Sec. 8061. 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.
Sec. 8062. None of the funds provided in this Act may be
used to transfer to any nongovernmental entity ammunition
held by the Department of Defense that has a center-fire
cartridge and a United States military nomenclature
designation of ``armor penetrator'', ``armor piercing (AP)'',
``armor piercing incendiary (API)'', or ``armor-piercing
incendiary tracer (API-T)'', except to an entity performing
demilitarization services for the Department of Defense under
a contract that requires the entity to demonstrate to the
satisfaction of the Department of Defense that armor piercing
projectiles are either: (1) rendered incapable of reuse by
the demilitarization process; or (2) used to manufacture
ammunition pursuant to a contract with the Department of
Defense or the manufacture of ammunition for export pursuant
to a License for Permanent Export of Unclassified Military
Articles issued by the Department of State.
Sec. 8063. Notwithstanding any other provision of law, the
Chief of the National Guard Bureau, or his designee, may
waive payment of all or part of the consideration that
otherwise would be required under section 2667 of title 10,
United States Code, in the case of a lease of personal
property for a period not in excess of 1 year to any
organization specified in section 508(d) of title 32, United
States Code, or any other youth, social, or fraternal
nonprofit organization as may be approved by the Chief of the
National Guard Bureau, or his designee, on a case-by-case
basis.
Sec. 8064. None of the funds appropriated by this Act
shall be used for the support of any nonappropriated funds
activity of the Department of Defense that procures malt
beverages and wine with nonappropriated funds for resale
(including such alcoholic beverages sold by the drink) on a
military installation located in the United States unless
such malt beverages and wine are procured within that State,
or in the case of the District of Columbia, within the
District of Columbia, in which the military installation is
located: Provided, That in a case in which the military
installation is located in more than one State, purchases may
be made in any State in which the installation is located:
Provided further, That such local procurement requirements
for malt beverages and wine shall apply to all alcoholic
beverages only for military installations in States which are
not contiguous with another State: Provided further, That
alcoholic beverages other than wine and malt beverages, in
contiguous States and the District of Columbia shall be
procured from the most competitive source, price and other
factors considered.

(including transfer of funds)

Sec. 8065. Of the amounts appropriated in this Act under
the heading ``Operation and Maintenance, Army'', $106,189,900
shall remain available until expended: Provided, That
notwithstanding any other provision of law, the Secretary of
Defense is authorized to transfer such funds to other
activities of the Federal Government: Provided further, That
the Secretary of Defense is authorized to enter into and
carry out contracts for the acquisition of real property,
construction, personal services, and operations related to
projects carrying out the purposes of this section: Provided
further, That contracts entered into under the authority of
this section may provide for such indemnification as the
Secretary determines to be necessary: Provided further, That
projects authorized by this section shall comply with
applicable Federal, State, and local law to the maximum
extent consistent with the national security, as determined
by the Secretary of Defense.
Sec. 8066. Section 8106 of the Department of Defense
Appropriations Act, 1997 (titles I

[[Page H5473]]

through VIII of the matter under subsection 101(b) of Public
Law 104-208; 110 Stat. 3009-111; 10 U.S.C. 113 note) shall
continue in effect to apply to disbursements that are made by
the Department of Defense in fiscal year 2015.

(including transfer of funds)

Sec. 8067. During the current fiscal year, not to exceed
$200,000,000 from funds available under ``Operation and
Maintenance, Defense-Wide'' may be transferred to the
Department of State ``Global Security Contingency Fund'':
Provided, That this transfer authority is in addition to any
other transfer authority available to the Department of
Defense: Provided further, That the Secretary of Defense
shall, not fewer than 30 days prior to making transfers to
the Department of State ``Global Security Contingency Fund'',
notify the congressional defense committees in writing with
the source of funds and a detailed justification, execution
plan, and timeline for each proposed project.
Sec. 8068. In addition to amounts provided elsewhere in
this Act, $4,000,000 is hereby appropriated to the Department
of Defense, to remain available for obligation until
expended: Provided, That notwithstanding any other provision
of law, that upon the determination of the Secretary of
Defense that it shall serve the national interest, these
funds shall be available only for a grant to the Fisher House
Foundation, Inc., only for the construction and furnishing of
additional Fisher Houses to meet the needs of military family
members when confronted with the illness or hospitalization
of an eligible military beneficiary.

(including transfer of funds)

Sec. 8069. Of the amounts appropriated in this Act under
the headings ``Procurement, Defense-Wide'' and ``Research,
Development, Test and Evaluation, Defense-Wide'',
$619,814,000 shall be for the Israeli Cooperative Programs:
Provided, That of this amount, $350,972,000 shall be for the
Secretary of Defense to provide to the Government of Israel
for the procurement of the Iron Dome defense system to
counter short-range rocket threats; $137,934,000 shall be for
the Short Range Ballistic Missile Defense (SRBMD) program,
including cruise missile defense research and development
under the SRBMD program; $74,707,000 shall be for an upper-
tier component to the Israeli Missile Defense Architecture;
and $56,201,000 shall be for the Arrow System Improvement
Program including development of a long range, ground and
airborne, detection suite: Provided further, That funds made
available under this provision for production of missiles and
missile components may be transferred to appropriations
available for the procurement of weapons and equipment, to be
merged with and to be available for the same time period and
the same purposes as the appropriation to which transferred:
Provided further, That the transfer authority provided under
this provision is in addition to any other transfer authority
contained in this Act.
Sec. 8070. None of the funds available to the Department
of Defense may be obligated to modify command and control
relationships to give Fleet Forces Command operational and
administrative control of U.S. Navy forces assigned to the
Pacific fleet: Provided, That the command and control
relationships which existed on October 1, 2004, shall remain
in force unless changes are specifically authorized in a
subsequent Act: Provided further, That this section does not
apply to administrative control of Navy Air and Missile
Defense Command.

(including transfer of funds)

Sec. 8071. Of the amounts appropriated in this Act under
the heading ``Shipbuilding and Conversion, Navy'',
$1,007,285,000 shall be available until September 30, 2015,
to fund prior year shipbuilding cost increases: Provided,
That upon enactment of this Act, the Secretary of the Navy
shall transfer funds to the following appropriations in the
amounts specified: Provided further, That the amounts
transferred shall be merged with and be available for the
same purposes as the appropriations to which transferred to:
(1) Under the heading ``Shipbuilding and Conversion,
Navy'', 2008/2015: Carrier Replacement Program $663,000,000;
(2) Under the heading ``Shipbuilding and Conversion,
Navy'', 2009/2015: LPD-17 Amphibious Transport Dock Program
$54,096,000;
(3) Under the heading ``Shipbuilding and Conversion,
Navy'', 2010/2015: DDG-51 Destroyer $65,771,000;
(4) Under the heading ``Shipbuilding and Conversion,
Navy'', 2010/2015: Littoral Combat Ship $51,345,000;
(5) Under the heading ``Shipbuilding and Conversion,
Navy'', 2011/2015: DDG-51 Destroyer $63,373,000;
(6) Under the heading ``Shipbuilding and Conversion,
Navy'', 2011/2015: Littoral Combat Ship $41,700,000;
(7) Under the heading ``Shipbuilding and Conversion,
Navy'', 2011/2015: Joint High Speed Vessel $9,340,000;
(8) Under the heading ``Shipbuilding and Conversion,
Navy'', 2012/2015: CVN Refueling Overhauls Program
$54,000,000;
(9) Under the heading ``Shipbuilding and Conversion,
Navy'', 2012/2015: Joint High Speed Vessel $2,620,000; and
(10) Under the heading ``Shipbuilding and Conversion,
Navy'', 2013/2015: Joint High Speed Vessel $2,040,000.
Sec. 8072. Funds appropriated by this Act, or made
available by the transfer of funds in this Act, for
intelligence activities are deemed to be specifically
authorized by the Congress for purposes of section 504 of the
National Security Act of 1947 (50 U.S.C. 3094) during fiscal
year 2015 until the enactment of the Intelligence
Authorization Act for Fiscal Year 2015.
Sec. 8073. None of the funds provided in this Act shall be
available for obligation or expenditure through a
reprogramming of funds that creates or initiates a new
program, project, or activity unless such program, project,
or activity must be undertaken immediately in the interest of
national security and only after written prior notification
to the congressional defense committees.
Sec. 8074. The budget of the President for fiscal year
2016 submitted to the Congress pursuant to section 1105 of
title 31, United States Code, shall include separate budget
justification documents for costs of United States Armed
Forces' participation in contingency operations for the
Military Personnel accounts, the Operation and Maintenance
accounts, the Procurement accounts, and the Research,
Development, Test and Evaluation accounts: Provided, That
these documents shall include a description of the funding
requested for each contingency operation, for each military
service, to include all Active and Reserve components, and
for each appropriations account: Provided further, That these
documents shall include estimated costs for each element of
expense or object class, a reconciliation of increases and
decreases for each contingency operation, and programmatic
data including, but not limited to, troop strength for each
Active and Reserve component, and estimates of the major
weapons systems deployed in support of each contingency:
Provided further, That these documents shall include budget
exhibits OP-5 and OP-32 (as defined in the Department of
Defense Financial Management Regulation) for all contingency
operations for the budget year and the two preceding fiscal
years.
Sec. 8075. None of the funds in this Act may be used for
research, development, test, evaluation, procurement, or
deployment of nuclear armed interceptors of a missile defense
system.
Sec. 8076. In addition to the amounts appropriated or
otherwise made available elsewhere in this Act, $44,000,000
is hereby appropriated to the Department of Defense:
Provided, That upon the determination of the Secretary of
Defense that it shall serve the national interest, the
Secretary shall make grants in the amounts specified as
follows: $20,000,000 to the United Service Organizations and
$24,000,000 to the Red Cross.
Sec. 8077. None of the funds appropriated or made
available in this Act shall be used to reduce or disestablish
the operation of the 53rd Weather Reconnaissance Squadron of
the Air Force Reserve, if such action would reduce the WC-130
Weather Reconnaissance mission below the levels funded in
this Act: Provided, That the Air Force shall allow the 53rd
Weather Reconnaissance Squadron to perform other missions in
support of national defense requirements during the non-
hurricane season.
Sec. 8078. None of the funds provided in this Act shall be
available for integration of foreign intelligence information
unless the information has been lawfully collected and
processed during the conduct of authorized foreign
intelligence activities: Provided, That information
pertaining to United States persons shall only be handled in
accordance with protections provided in the Fourth Amendment
of the United States Constitution as implemented through
Executive Order No. 12333.
Sec. 8079. (a) At the time members of reserve components of
the Armed Forces are called or ordered to active duty under
section 12302(a) of title 10, United States Code, each member
shall be notified in writing of the expected period during
which the member will be mobilized.
(b) The Secretary of Defense may waive the requirements of
subsection (a) in any case in which the Secretary determines
that it is necessary to do so to respond to a national
security emergency or to meet dire operational requirements
of the Armed Forces.
Sec. 8080. For purposes of section 7108 of title 41,
United States Code, any subdivision of appropriations made
under the heading ``Shipbuilding and Conversion, Navy'' that
is not closed at the time reimbursement is made shall be
available to reimburse the Judgment Fund and shall be
considered for the same purposes as any subdivision under the
heading ``Shipbuilding and Conversion, Navy'' appropriations
in the current fiscal year or any prior fiscal year.
Sec. 8081. (a) None of the funds appropriated by this Act
may be used to transfer research and development,
acquisition, or other program authority relating to current
tactical unmanned aerial vehicles (TUAVs) from the Army.
(b) The Army shall retain responsibility for and
operational control of the MQ-1C Gray Eagle Unmanned Aerial
Vehicle (UAV) in order to support the Secretary of Defense in
matters relating to the employment of unmanned aerial
vehicles.
Sec. 8082. Up to $15,000,000 of the funds appropriated
under the heading ``Operation and Maintenance, Navy'' may be
made available for the Asia Pacific Regional Initiative
Program for the purpose of enabling the Pacific Command to
execute Theater Security Cooperation activities such as
humanitarian assistance, and payment of incremental and
personnel costs of training and exercising with foreign
security forces: Provided, That

[[Page H5474]]

funds made available for this purpose may be used,
notwithstanding any other funding authorities for
humanitarian assistance, security assistance or combined
exercise expenses: Provided further, That funds may not be
obligated to provide assistance to any foreign country that
is otherwise prohibited from receiving such type of
assistance under any other provision of law.
Sec. 8083. None of the funds appropriated by this Act for
programs of the Office of the Director of National
Intelligence shall remain available for obligation beyond the
current fiscal year, except for funds appropriated for
research and technology, which shall remain available until
September 30, 2016.
Sec. 8084. For purposes of section 1553(b) of title 31,
United States Code, any subdivision of appropriations made in
this Act under the heading ``Shipbuilding and Conversion,
Navy'' shall be considered to be for the same purpose as any
subdivision under the heading ``Shipbuilding and Conversion,
Navy'' appropriations in any prior fiscal year, and the 1
percent limitation shall apply to the total amount of the
appropriation.
Sec. 8085. (a) Not later than 60 days after the date of
enactment of this Act, the Director of National Intelligence
shall submit a report to the congressional intelligence
committees to establish the baseline for application of
reprogramming and transfer authorities for fiscal year 2015:
Provided, That the report shall include--
(1) a table for each appropriation with a separate column
to display the President's budget request, adjustments made
by Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation by
Expenditure Center and project; and
(3) an identification of items of special congressional
interest.
Sec. 8086. None of the funds made available by this Act
may be used to eliminate, restructure or realign Army
Contracting Command-New Jersey or make disproportionate
personnel reductions at any Army Contracting Command-New
Jersey sites without 30-day prior notification to the
congressional defense committees.

(including transfer of funds)

Sec. 8087. Of the funds appropriated in the Intelligence
Community Management Account for the Program Manager for the
Information Sharing Environment, $20,000,000 is available for
transfer by the Director of National Intelligence to other
departments and agencies for purposes of Government-wide
information sharing activities: Provided, That funds
transferred under this provision are to be merged with and
available for the same purposes and time period as the
appropriation to which transferred: Provided further, That
the Office of Management and Budget must approve any
transfers made under this provision.
Sec. 8088. (a) None of the funds provided for the National
Intelligence Program in this or any prior appropriations Act
shall be available for obligation or expenditure through a
reprogramming or transfer of funds in accordance with section
102A(d) of the National Security Act of 1947 (50 U.S.C.
3024(d)) that--
(1) creates a new start effort;
(2) terminates a program with appropriated funding of
$10,000,000 or more;
(3) transfers funding into or out of the National
Intelligence Program; or
(4) transfers funding between appropriations,

unless the congressional intelligence committees are
notified 30 days in advance of such reprogramming of funds;
this notification period may be reduced for urgent national
security requirements.
(b) None of the funds provided for the National
Intelligence Program in this or any prior appropriations Act
shall be available for obligation or expenditure through a
reprogramming or transfer of funds in accordance with section
102A(d) or the National Security Act of 1947 (50 U.S.C.
3024(d)) that results in a cumulative increase or decrease of
the levels specified in the classified annex accompanying the
Act unless the congressional intelligence committees are
notified 30 days in advance of such reprogramming of funds;
this notification period may be reduced for urgent national
security requirements.
Sec. 8089. The Director of National Intelligence shall
submit to Congress each year, at or about the time that the
President's budget is submitted to Congress that year under
section 1105(a) of title 31, United States Code, a future-
years intelligence program (including associated annexes)
reflecting the estimated expenditures and proposed
appropriations included in that budget. Any such future-years
intelligence program shall cover the fiscal year with respect
to which the budget is submitted and at least the four
succeeding fiscal years.
Sec. 8090. For the purposes of this Act, the term
``congressional intelligence committees'' means the Permanent
Select Committee on Intelligence of the House of
Representatives, the Select Committee on Intelligence of the
Senate, the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives, and the
Subcommittee on Defense of the Committee on Appropriations of
the Senate.
Sec. 8091. The Department of Defense shall continue to
report incremental contingency operations costs for Operation
Enduring Freedom on a monthly basis and any other operation
designated and identified by the Secretary of Defense for the
purposes of section 127a of title 10, United States Code, on
a semi-annual basis in the Cost of War Execution Report as
prescribed in the Department of Defense Financial Management
Regulation Department of Defense Instruction 7000.14, Volume
12, Chapter 23 ``Contingency Operations'', Annex 1, dated
September 2005.

(including transfer of funds)

Sec. 8092. During the current fiscal year, not to exceed
$11,000,000 from each of the appropriations made in title II
of this Act for ``Operation and Maintenance, Army'',
``Operation and Maintenance, Navy'', and ``Operation and
Maintenance, Air Force'' may be transferred by the military
department concerned to its central fund established for
Fisher Houses and Suites pursuant to section 2493(d) of title
10, United States Code.

(including transfer of funds)

Sec. 8093. Funds appropriated by this Act for operation
and maintenance may be available for the purpose of making
remittances and transfers to the Defense Acquisition
Workforce Development Fund in accordance with section 1705 of
title 10, United States Code.
Sec. 8094. (a) Any agency receiving funds made available in
this Act, shall, subject to subsections (b) and (c), post on
the public website of that agency any report required to be
submitted by the Congress in this or any other Act, upon the
determination by the head of the agency that it shall serve
the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the
requesting Committee or Committees of Congress for no less
than 45 days.
Sec. 8095. (a) None of the funds appropriated or otherwise
made available by this Act may be expended for any Federal
contract for an amount in excess of $1,000,000, unless the
contractor agrees not to--
(1) enter into any agreement with any of its employees or
independent contractors that requires, as a condition of
employment, that the employee or independent contractor agree
to resolve through arbitration any claim under title VII of
the Civil Rights Act of 1964 or any tort related to or
arising out of sexual assault or harassment, including
assault and battery, intentional infliction of emotional
distress, false imprisonment, or negligent hiring,
supervision, or retention; or
(2) take any action to enforce any provision of an existing
agreement with an employee or independent contractor that
mandates that the employee or independent contractor resolve
through arbitration any claim under title VII of the Civil
Rights Act of 1964 or any tort related to or arising out of
sexual assault or harassment, including assault and battery,
intentional infliction of emotional distress, false
imprisonment, or negligent hiring, supervision, or retention.
(b) None of the funds appropriated or otherwise made
available by this Act may be expended for any Federal
contract unless the contractor certifies that it requires
each covered subcontractor to agree not to enter into, and
not to take any action to enforce any provision of, any
agreement as described in paragraphs (1) and (2) of
subsection (a), with respect to any employee or independent
contractor performing work related to such subcontract. For
purposes of this subsection, a ``covered subcontractor'' is
an entity that has a subcontract in excess of $1,000,000 on a
contract subject to subsection (a).
(c) The prohibitions in this section do not apply with
respect to a contractor's or subcontractor's agreements with
employees or independent contractors that may not be enforced
in a court of the United States.
(d) The Secretary of Defense may waive the application of
subsection (a) or (b) to a particular contractor or
subcontractor for the purposes of a particular contract or
subcontract if the Secretary or the Deputy Secretary
personally determines that the waiver is necessary to avoid
harm to national security interests of the United States, and
that the term of the contract or subcontract is not longer
than necessary to avoid such harm. The determination shall
set forth with specificity the grounds for the waiver and for
the contract or subcontract term selected, and shall state
any alternatives considered in lieu of a waiver and the
reasons each such alternative would not avoid harm to
national security interests of the United States. The
Secretary of Defense shall transmit to Congress, and
simultaneously make public, any determination under this
subsection not less than 15 business days before the contract
or subcontract addressed in the determination may be awarded.

(including transfer of funds)

Sec. 8096. From within the funds appropriated for
operation and maintenance for the Defense Health Program in
this Act, up to $146,857,000, shall be available for transfer
to the Joint Department of Defense-Department of Veterans
Affairs Medical Facility Demonstration Fund in accordance
with the provisions of section 1704 of the National Defense
Authorization Act for Fiscal Year 2010, Public Law 111-84:
Provided, That for purposes of section 1704(b), the facility
operations funded are operations of the integrated Captain
James A. Lovell Federal

[[Page H5475]]

Health Care Center, consisting of the North Chicago Veterans
Affairs Medical Center, the Navy Ambulatory Care Center, and
supporting facilities designated as a combined Federal
medical facility as described by section 706 of Public Law
110-417: Provided further, That additional funds may be
transferred from funds appropriated for operation and
maintenance for the Defense Health Program to the Joint
Department of Defense-Department of Veterans Affairs Medical
Facility Demonstration Fund upon written notification by the
Secretary of Defense to the Committees on Appropriations of
the House of Representatives and the Senate.
Sec. 8097. The Office of the Director of National
Intelligence shall not employ more Senior Executive employees
than are specified in the classified annex.
Sec. 8098. None of the funds appropriated or otherwise
made available by this Act may be obligated or expended to
pay a retired general or flag officer to serve as a senior
mentor advising the Department of Defense unless such retired
officer files a Standard Form 278 (or successor form
concerning public financial disclosure under part 2634 of
title 5, Code of Federal Regulations) to the Office of
Government Ethics.
Sec. 8099. Appropriations available to the Department of
Defense may be used for the purchase of heavy and light
armored vehicles for the physical security of personnel or
for force protection purposes up to a limit of $250,000 per
vehicle, notwithstanding price or other limitations
applicable to the purchase of passenger carrying vehicles.
Sec. 8100. Of the amounts appropriated for ``Operation and
Maintenance, Defense-Wide'' the following amounts shall be
available to the Secretary of Defense, for the following
authorized purposes, notwithstanding any other provision of
law, acting through the Office of Economic Adjustment of the
Department of Defense, to make grants, conclude cooperative
agreements, and supplement other Federal funds, to remain
available until expended, to support critical existing and
enduring military installations and missions on Guam, as well
as any potential Department of Defense growth, $80,596,000
for addressing the need for civilian water and wastewater
improvements: Provided, That the Secretary of Defense shall,
not fewer than 15 days prior to obligating funds for the
forgoing purposes, notify the congressional defense
committees in writing of the details of any such obligation.
Sec. 8101. None of the funds made available by this Act
may be used by the Secretary of Defense to take beneficial
occupancy of more than 3,000 parking spaces (other than
handicap-reserved spaces) to be provided by the BRAC 133
project: Provided, That this limitation may be waived in part
if: (1) the Secretary of Defense certifies to Congress that
levels of service at existing intersections in the vicinity
of the project have not experienced failing levels of service
as defined by the Transportation Research Board Highway
Capacity Manual over a consecutive 90-day period; (2) the
Department of Defense and the Virginia Department of
Transportation agree on the number of additional parking
spaces that may be made available to employees of the
facility subject to continued 90-day traffic monitoring; and
(3) the Secretary of Defense notifies the congressional
defense committees in writing at least 14 days prior to
exercising this waiver of the number of additional parking
spaces to be made available.
Sec. 8102. The Secretary of Defense shall report quarterly
the numbers of civilian personnel end strength by
appropriation account for each and every appropriation
account used to finance Federal civilian personnel salaries
to the congressional defense committees within 15 days after
the end of each fiscal quarter.
Sec. 8103. (a) None of the funds appropriated in this or
any other Act may be used to take any action to modify--
(1) the appropriations account structure for the National
Intelligence Program budget, including through the creation
of a new appropriation or new appropriations account;
(2) how the National Intelligence Program budget request is
presented, organized, and managed within the Department of
Defense budget;
(3) how the National Intelligence Program appropriations
are apportioned to the executing agencies; or
(4) how the National Intelligence Program appropriations
are allotted, obligated and disbursed.
(b) The Director of National Intelligence and the Secretary
of Defense may jointly, only for the purposes of achieving
auditable financial statements and improving fiscal
reporting, study and develop detailed proposals for
alternative financial management processes. Such study shall
include a comprehensive counterintelligence risk assessment
to ensure that none of the alternative processes will
adversely affect counterintelligence.
(c) Upon development of the detailed proposals defined
under subsection (b), the Director of National Intelligence
and the Secretary of Defense shall--
(1) provide the proposed alternatives to all affected
agencies;
(2) receive certification from all affected agencies
attesting that the proposed alternatives will help achieve
auditability, improve fiscal reporting, and will not
adversely affect counterintelligence; and
(3) not later than 30 days after receiving all necessary
certifications under paragraph (2), present the proposed
alternatives and certifications to the congressional defense
and intelligence committees.
(d) This section shall not be construed to alter or affect
the application of section 924 of the National Defense
Authorization Act for Fiscal Year 2014 to the amounts made
available by this Act.
(e) The Director of National Intelligence shall carry out a
merger of the Foreign Counterintelligence Program into the
General Defense Intelligence Program: Provided, That such
merger shall not go into effect until 30 days after the
Director submits to the congressional intelligence committees
a written notification of such merger.

(including transfer of funds)

Sec. 8104. Upon a determination by the Director of
National Intelligence that such action is necessary and in
the national interest, the Director may, with the approval of
the Office of Management and Budget, transfer not to exceed
$2,000,000,000 of the funds made available in this Act for
the National Intelligence Program: Provided, That such
authority to transfer may not be used unless for higher
priority items, based on unforeseen intelligence
requirements, than those for which originally appropriated
and in no case where the item for which funds are requested
has been denied by the Congress: Provided further, That a
request for multiple reprogrammings of funds using authority
provided in this section shall be made prior to June 30,
2015.

(including transfer of funds)

Sec. 8105. There is appropriated $540,000,000 for the
``Ship Modernization, Operations and Sustainment Fund'', to
remain available until September 30, 2021: Provided, That the
Secretary of the Navy shall transfer funds from the ``Ship
Modernization, Operations and Sustainment Fund'' to
appropriations for military personnel; operation and
maintenance; research, development, test and evaluation; and
procurement, only for the purposes of manning, operating,
sustaining, equipping and modernizing the Ticonderoga-class
guided missile cruisers CG-63, CG-64, CG-65, CG-66, CG-67,
CG-68, CG-69, CG-70, CG-71, CG-72, CG-73, and the Whidbey
Island-class dock landing ships LSD-41, LSD-42, and LSD-46:
Provided further, That funds transferred shall be merged with
and be available for the same purposes and for the same time
period as the appropriation to which they are transferred:
Provided further, That the transfer authority provided herein
shall be in addition to any other transfer authority
available to the Department of Defense: Provided further,
That the Secretary of the Navy shall, not less than 30 days
prior to making any transfer from the ``Ship Modernization,
Operations and Sustainment Fund'', notify the congressional
defense committees in writing of the details of such
transfer: Provided further, That the Secretary of the Navy
shall transfer and obligate funds from the ``Ship
Modernization, Operations and Sustainment Fund'' for
modernization of not more than two Ticonderoga-class guided
missile cruisers as detailed above in fiscal year 2015:
Provided further, That no more than six Ticonderoga-class
guided missile cruisers shall be in a phased modernization at
any time: Provided further, That the Secretary of the Navy
shall contract for the required modernization equipment in
the year prior to inducting a Ticonderoga-class cruiser for
modernization: Provided further, That the prohibition in
section 2244a(a) of title 10, United States Code, shall not
apply to the use of any funds transferred pursuant to this
section.
Sec. 8106. Notwithstanding any other provision of this
Act, to reflect savings due to favorable foreign exchange
rates, the total amount appropriated in this Act is hereby
reduced by $545,100,000.
Sec. 8107. None of the funds appropriated or otherwise
made available in this or any other Act may be used to
transfer, release, or assist in the transfer or release to or
within the United States, its territories, or possessions
Khalid Sheikh Mohammed or any other detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Department
of Defense.
Sec. 8108. (a) None of the funds appropriated or otherwise
made available in this or any other Act may be used to
construct, acquire, or modify any facility in the United
States, its territories, or possessions to house any
individual described in subsection (c) for the purposes of
detention or imprisonment in the custody or under the
effective control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to
any modification of facilities at United States Naval
Station, Guantanamo Bay, Cuba.
(c) An individual described in this subsection is any
individual who, as of June 24, 2009, is located at United
States Naval Station, Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of
the Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control of the
Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
Sec. 8109. None of the funds made available by this Act
may be used to enter into a contract, memorandum of
understanding, or cooperative agreement with, make a grant
to,

[[Page H5476]]

or provide a loan or loan guarantee to, any corporation that
any unpaid Federal tax liability that has been assessed, for
which all judicial and administrative remedies have been
exhausted or have lapsed, and that is not being paid in a
timely manner pursuant to an agreement with the authority
responsible for collecting the tax liability, where the
awarding agency is aware of the unpaid tax liability, unless
the agency has considered suspension or debarment of the
corporation and made a determination that this further action
is not necessary to protect the interests of the Government.
Sec. 8110. None of the funds made available by this Act
may be used to enter into a contract, memorandum of
understanding, or cooperative agreement with, make a grant
to, or provide a loan or loan guarantee to, any corporation
that was convicted of a felony criminal violation under any
Federal law within the preceding 24 months, where the
awarding agency is aware of the conviction, unless the agency
has considered suspension or debarment of the corporation and
made a determination that this further action is not
necessary to protect the interests of the Government.
Sec. 8111. None of the funds made available by this Act
may be used in contravention of section 1590 or 1591 of title
18, United States Code, or in contravention of the
requirements of section 106(g) or (h) of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7104(g) or (h)).
Sec. 8112. None of the funds made available by this Act
for excess defense articles, assistance under section 1206 of
the National Defense Authorization Act for Fiscal Year 2006
(Public Law 109-163; 119 Stat. 3456), or peacekeeping
operations for the countries designated in 2013 to be in
violation of the standards of the Child Soldiers Prevention
Act of 2008 may be used to support any military training or
operation that includes child soldiers, as defined by the
Child Soldiers Prevention Act of 2008 (Public Law 110-457; 22
U.S.C. 2370c-1), unless such assistance is otherwise
permitted under section 404 of the Child Soldiers Prevention
Act of 2008.
Sec. 8113. None of the funds made available by this Act
may be used in contravention of the War Powers Resolution (50
U.S.C. 1541 et seq.).
Sec. 8114. None of the funds made available by this Act
may be used by the Department of Defense or any other Federal
agency to lease or purchase new light duty vehicles, for any
executive fleet, or for an agency's fleet inventory, except
in accordance with Presidential Memorandum-Federal Fleet
Performance, dated May 24, 2011.
Sec. 8115. None of the funds made available by this Act
may be used to enter into a contract with any person or other
entity listed in the Excluded Parties List System (EPLS)/
System for Award Management (SAM) as having been convicted of
fraud against the Federal Government.
Sec. 8116. (a) None of the funds made available by this Act
may be used to enter into a contract (or subcontract at any
tier under such a contract), memorandum of understanding, or
cooperative agreement with, to make a grant to, or to provide
a loan or loan guarantee to Rosoboronexport.
(b) The Secretary of Defense may waive the limitation in
subsection (a) if the Secretary, in consultation with the
Secretary of State and the Director of National Intelligence,
certifies in writing to the congressional defense committees,
to the best of the Secretary's knowledge, the following:
(1) Rosoboronexport has ceased the transfer of lethal
military equipment to, and the maintenance of existing lethal
military equipment for, the Government of the Syrian Arab
Republic.
(2) The armed forces of the Russian Federation have
withdrawn from Crimea, other than armed forces present on
military bases subject to agreements in force between the
Government of the Russian Federation and the Government of
Ukraine.
(3) The Government of the Russian Federation has withdrawn
substantially all of the armed forces of the Russian
Federation from the immediate vicinity of the eastern border
of Ukraine.
(4) Agents of the Russian Federation have ceased taking
active measures to destabilize the control of the Government
of Ukraine over eastern Ukraine.
(c)(1) The Inspector General of the Department of Defense
shall conduct a review of any action involving
Rosoboronexport with respect to which a waiver is issued by
the Secretary of Defense pursuant to subsection (b).
(2) A review conducted under paragraph (1) shall assess the
accuracy of the factual and legal conclusions made by the
Secretary of Defense in the waiver covered by the review,
including--
(A) whether there is any viable alternative to
Rosoboronexport for carrying out the functions for which
funds will be obligated;
(B) whether the Secretary has previously used an
alternative vendor for carrying out the same functions
regarding the military equipment in question, and what vendor
was previously used;
(C) whether other explanations for the issuance of the
waiver are supportable; and
(D) any other matter with respect to the waiver the
Inspector General considers appropriate.
(3) Not later than 90 days after the date on which a waiver
is issued by the Secretary of Defense pursuant to subsection
(b), the Inspector General shall submit to the congressional
defense committees a report containing the results of the
review conducted under paragraph (1) with respect to such
waiver.
Sec. 8117. None of the funds made available in this Act
may be used for the purchase or manufacture of a flag of the
United States unless such flags are treated as covered items
under section 2533a(b) of title 10, United States Code.

(including transfer of funds)

Sec. 8118. Of the amounts appropriated in this Act under
the heading ``Operation and Maintenance, Defense-Wide'', up
to $5,709,000 shall be available for transfer to the Army,
Navy, Marine Corps, and Air Force, including Reserve and
National Guard, to support high priority Sexual Assault
Prevention and Response Program requirements and activities,
including the training and funding of personnel: Provided,
That funds transferred under this provision are to be merged
with and available for the same purposes and time period as
the appropriation to which transferred: Provided further,
That the transfer authority provided under this heading is in
addition to any other transfer authority provided elsewhere
in this Act.
Sec. 8119. None of the funds appropriated in this, or any
other Act, may be obligated or expended by the United States
Government for the direct personal benefit of the President
of Afghanistan.
Sec. 8120. (a) Of the funds appropriated in this Act for
the Department of Defense, amounts may be made available,
under such regulations as the Secretary may prescribe, to
local military commanders appointed by the Secretary of
Defense, or by an officer or employee designated by the
Secretary, to provide at their discretion ex gratia payments
in amounts consistent with subsection (d) of this section for
damage, personal injury, or death that is incident to combat
operations of the Armed Forces in a foreign country.
(b) An ex gratia payment under this section may be provided
only if--
(1) the prospective foreign civilian recipient is
determined by the local military commander to be friendly to
the United States;
(2) a claim for damages would not be compensable under
chapter 163 of title 10, United States Code (commonly known
as the ``Foreign Claims Act''); and
(3) the property damage, personal injury, or death was not
caused by action by an enemy.
(c) Nature of Payments.--Any payments provided under a
program under subsection (a) shall not be considered an
admission or acknowledgement of any legal obligation to
compensate for any damage, personal injury, or death.
(d) Amount of Payments.--If the Secretary of Defense
determines a program under subsection (a) to be appropriate
in a particular setting, the amounts of payments, if any, to
be provided to civilians determined to have suffered harm
incident to combat operations of the Armed Forces under the
program should be determined pursuant to regulations
prescribed by the Secretary and based on an assessment, which
should include such factors as cultural appropriateness and
prevailing economic conditions.
(e) Legal Advice.--Local military commanders shall receive
legal advice before making ex gratia payments under this
subsection. The legal advisor, under regulations of the
Department of Defense, shall advise on whether an ex gratia
payment is proper under this section and applicable
Department of Defense regulations.
(f) Written Record.--A written record of any ex gratia
payment offered or denied shall be kept by the local
commander and on a timely basis submitted to the appropriate
office in the Department of Defense as determined by the
Secretary of Defense.
(g) Report.--The Secretary of Defense shall report to the
congressional defense committees on an annual basis the
efficacy of the ex gratia payment program including the
number of types of cases considered, amounts offered, the
response from ex gratia payment recipients, and any
recommended modifications to the program.
(h) Limitation.--Nothing in this section shall be deemed to
provide any new authority to the Secretary of Defense.
Sec. 8121. None of the funds available to the Department
of Defense shall be used to conduct any environmental impact
study, environmental assessment, or other environmental study
related to Minuteman III silos that contain a missile as of
the date of the enactment of this Act.
Sec. 8122. None of the funds made available by this Act
may be used to cancel the avionics modernization program of
record for C-130 aircraft.
Sec. 8123. None of the funds made available by this Act
may be used by the Secretary of the Air Force to reduce the
force structure at Lajes Field, Azores, Portugal, below the
force structure at such Air Force Base as of October 1, 2013,
except in accordance with section 1048 of the National
Defense Authorization Act for Fiscal Year 2015.
Sec. 8124. None of the Operation and Maintenance funds
made available in this Act may be used in contravention of
section 41106 of title 49, United States Code.
Sec. 8125. None of the funds made available by this Act
may be used to fund the performance of a flight demonstration
team at a location outside of the United States: Provided,
That this prohibition applies only if a performance of a
flight demonstration team at a location within the United
States was canceled during the current fiscal year due to
insufficient funding.

[[Page H5477]]

Sec. 8126. None of the funds appropriated or otherwise
made available by this Act or any other Act may be used by
the Department of Defense or a component thereof in
contravention of section 1246(c) of the National Defense
Authorization Act for Fiscal Year 2014, relating to
limitations on providing certain missile defense information
to the Russian Federation.
Sec. 8127. None of the funds made available by this Act
may be used by the National Security Agency to--
(1) conduct an acquisition pursuant to section 702 of the
Foreign Intelligence Surveillance Act of 1978 for the purpose
of targeting a United States person; or
(2) acquire, monitor, or store the contents (as such term
is defined in section 2510(8) of title 18, United States
Code) of any electronic communication of a United States
person from a provider of electronic communication services
to the public pursuant to section 501 of the Foreign
Intelligence Surveillance Act of 1978.

(including transfer of funds)

Sec. 8128. From amounts appropriated in this Act for
``Operation and Maintenance, Navy'', up to $291,000,000 may
be transferred to the Ready Reserve Force, Maritime
Administration account of the United States Department of
Transportation, to be merged with, and to be available for
the same purposes and the same time period as such account,
for expenses related to the National Defense Reserve Fleet
established under section 11 of the Merchant Ship Sales Act
of 1946 (50 U.S.C. App. 1744): Provided, That the transfer
authority provided under this provision is in addition to any
other transfer authority provided elsewhere in this Act.

(including transfer of funds)

Sec. 8129. Of the amounts appropriated for ``Operation and
Maintenance, Navy'', up to $1,000,000 shall be available for
transfer to the John C. Stennis Center for Public Service
Development Trust Fund established under section 116 of the
John C. Stennis Center for Public Service Training and
Development Act (2 U.S.C. 1105).

(including transfer of funds)

Sec. 8130. In addition to amounts provided elsewhere in
this Act for pay for military personnel, including active
duty, reserve and National Guard personnel, $533,500,000 is
hereby appropriated to the Department of Defense and made
available for transfer only to military personnel accounts:
Provided, That the transfer authority provided under this
heading is in addition to any other transfer authority
provided elsewhere in this Act.

(including transfer of funds)

Sec. 8131. In addition to amounts provided elsewhere in
this Act for basic allowance for housing for military
personnel, including active duty, reserve and National Guard
personnel, $244,700,000 is hereby appropriated to the
Department of Defense and made available for transfer only to
military personnel accounts: Provided, That the transfer
authority provided under this heading is in addition to any
other transfer authority provided elsewhere in this Act.
Sec. 8132. None of the funds made available by this Act
may be used to reduce, convert, decommission, or otherwise
move to nondeployed status (except warm status), or prepare
to reduce, convert, decommission, or otherwise move to
nondeployed status (except warm status), any Minuteman III
ballistic missile silo that contains a deployed missile as of
the date of the enactment of this Act: Provided, That ``warm
status'' means a status that enables any such silo to remain
a fully functioning element of the interconnected and
redundant command and control system of a missile field and
be made fully operational with a deployed missile: Provided
further, That this section shall continue in effect through
the date of enactment of an Act authorizing appropriations
for fiscal year 2015 for military activities of the
Department of Defense.

{time} 1845

Amendment Offered by Mr. Daines

Mr. DAINES. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:

Page 124, beginning line 8, strike ``: Provided further''
and all that follows through ``Department of Defense''.

The Acting CHAIR. Pursuant to House Resolution 628, the gentleman
from Montana and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Montana.
Mr. DAINES. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, our Nation's nuclear triad is an essential aspect of
our national defense and makes the world safer by deterring our rivals
and reassuring our allies. Every leg of the triad is critical and
protects our Nation on a daily basis.
The Defense Department recently put forward a nuclear force structure
plan under the New START Treaty. It is committed to maintaining 450
nuclear launchers in at least a warm status. In doing so, the Pentagon
recognized the strategic value of preserving our robust nuclear
deterrent capability. Just last month, the House of Representatives
reaffirmed its support for the triad and for maintaining the current
ICBM force.
Unfortunately, the base bill includes language that could open the
door for the premature decommissioning of our Nation's missile silos. I
believe this would be unwise.
My amendment ensures the United States has maximum flexibility to
respond to nuclear threats and makes it more difficult for adversaries
to target our nuclear assets. Maintaining our nuclear launchers
provides our commanders with the tools necessary to respond to
potential nuclear threats against the American people and, importantly,
our allies.
Recently, I visited Montana's Malmstrom Air Force Base and heard
firsthand from missileers about their very critical mission.
In fact, I have in my hand today the Malmstrom commander coin, which
expresses why the nuclear deterrence they help operate still works. It
simply says this:

Scaring the hell out of America's enemies since 1962.

I urge House passage of my amendment to help protect this critically
important capability.
Mr. FRELINGHUYSEN. Will the gentleman yield?
Mr. DAINES. I yield to the gentleman from New Jersey.
Mr. FRELINGHUYSEN. Mr. Chairman, we have no objection to the
gentleman's amendment. Personally, I believe in the nuclear triad. We
have checked with the Armed Services Committee, which is the
authorizing committee, and they have no problem with the language.
Mr. DAINES. Reclaiming my time, Mr. Speaker, I reserve the balance of
my time.
Mr. VISCLOSKY. Mr. Chairman, I rise in opposition to the gentleman's
amendment.
The Acting CHAIR. The gentleman from Indiana is recognized for 5
minutes.

{time} 1900

Mr. VISCLOSKY. Mr. Chairman, I rise in opposition to the gentleman's
amendment.
What he is doing is locking in our strategic force levels, and the
fact is that the armed services bill is not yet done as far as
authorization, and, essentially, the gentleman is saying that we should
have 430 silos. The gentleman may be correct. Maybe we need 425 silos
or maybe we need 218 silos. I don't think we should prejudge that final
figure until the authorization legislation is completed.
I certainly think, again, that it is limiting our options. I think
any time we limit our defense options going forward that it is not good
policy, and, therefore, I strongly object to the gentleman's amendment.
I yield back the balance of my time.
Mr. DAINES. While I appreciate the gentleman's comments, we have the
strong support of HASC, and this is just ensuring that we don't have a
decommissioning moving forward here as we reconcile both the
appropriations with the NDAA.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Montana (Mr. Daines).
The amendment was agreed to.

Amendment Offered by Mr. Nadler

Mr. NADLER. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:

Page 123, beginning line 22, strike section 8132.

The Acting CHAIR. Pursuant to House Resolution 628, the gentleman
from New York and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from New York.
Mr. NADLER. Mr. Chairman, this amendment would strike a legislative
rider that was put in the bill to prevent the Department of Defense
from decommissioning nuclear missile silos.
As you know, the Defense Appropriations bill requires the
administration to keep 50 soon-to-be-empty silos--silos with no
missiles--on warm standby. The missiles in these silos will be
eliminated under the New START arms control agreement, and the
administration was hoping to be able to destroy

[[Page H5478]]

the silos eventually and save some money, but this bill will keep them
in warm standby forever.
This is not without costs. Under New START, those extra empty silos
will have to be counted against our launcher totals, meaning we will
have fewer permissible bombers or submarine-based missiles because we
have, instead, empty ICBM silos. These silos have been precisely
targeted by the Russians for decades. While it is important that we
have an appropriate, flexible, and survivable nuclear deterrent, these
land-based missiles are the least survivable leg of our deterrent, and,
of course, empty silos deter no one. What this rider says is that we
should have 50 empty silos and 50 fewer submarine-launched ballistic
missiles or bombers.
While it is true that, as an offer of support to Senators whose
States have missile bases, the administration proposed to keep these
silos warm temporarily, there is absolutely no reason to do so forever.
This provision is not about security but about pork and political
favoritism. Is it any wonder that the most ardent defenders of this
provision are from the States of Montana, Colorado, North Dakota, and
Wyoming and is not the chairman of the Armed Forces Committee? is not
the ranking member of the Armed Forces Committee? In fact, they had
worked out a sunset at one point.
Mr. Chairman, micromanaging our Nation's nuclear defenses is really
not in the best interest of our country. Remember, we have some 450
Minuteman III missile silos. My amendment would change the status of 50
empty silos and only if our national security experts determined they
wanted to do so. It would not affect any silos with actual missiles in
them, and, therefore, it would not affect our deterrent.
I would encourage my colleagues to support this amendment, which
would allow the President to remove those silos from warm standby at a
time of his choosing, when the military tells him it is appropriate to
do so and to avoid the cost of keeping open empty silos without any
function or usefulness to the national defense.
But I want to make a broader point about our broader nuclear
strategy. I want to call attention to the obsolescence of the concept
of the nuclear triad. Something that has been accepted as gospel for
many years no longer makes sense. Our nuclear arsenal is designed to
serve as a deterrent to prevent anyone from even considering attacking
the United States. In order to deter an attack, any potential adversary
needs to know that we have enough nuclear weapons that will survive an
initial assault and will retaliate with overwhelming force.
As part of the triad, we have ICBMs, which are very vulnerable to an
enemy strike; we have bombers, which can be made less vulnerable; and
we have submarine-launched missiles, which are not vulnerable. The
ICBMs, because they are fixed targets and are vulnerable to attack,
need to be launched immediately and are, therefore, at the greatest
risk of being launched by mistake or by accident. There is almost no
time to verify that a radar contact is actually a flock of incoming
missiles and not a flock of seagulls or a sounding rocket.
So why do we even need the ICBMs, which are not only vulnerable but
dangerous because you have to use them or lose them, especially when we
have the subs and the bombers?
That debate is for another day. Today, all we are saying is that our
generals should have the discretion to spend money on nuclear weapons
that best protect the interests of the United States. They should not
be forced to waste taxpayer dollars to keep empty missile silos warm
when they have limited real utility and are not in our strategic best
interests. They should not be used to keep these empty silos warm when
it means, under the treaty, we can have 50 fewer submarine-launched
missiles--real missiles--as opposed to empty silos. It simply makes no
sense.
I urge my colleagues to adopt the amendment, which would restore to
the President and to the military the flexibility to determine whether
we want to keep empty silos or real missiles.
Mr. VISCLOSKY. Will the gentleman yield?
Mr. NADLER. I yield to the gentleman from Indiana.
Mr. VISCLOSKY. I appreciate the gentleman's yielding.
Using the same rationale as to my opposition for the previous
amendment, I would support the gentleman's because what he would do is
remove the limitation, if it is making sense, to allow us to reduce,
convert, decommission, or otherwise move to nondeployed status these
silos. I don't suggest, while standing here on the floor today, what we
should or should not do, but we should allow the administration of this
country those options.
I appreciate the gentleman's offering his amendment.
Mr. NADLER. In reclaiming my time, I am not suggesting what we should
do other than that we should leave the administration and the military
with the discretion. They may decide they would rather have more
submarine-based missiles rather than empty silos or they may not decide
that, but that should be a decision for them. Personally, I think I
would rather have more missiles than empty silos or maybe save money,
but that is my personal preference. We should leave the decision to the
administration.
I yield back the balance of my time.
Mr. DAINES. Mr. Chairman, I claim the time in opposition to this
amendment.
The Acting CHAIR (Mr. Collins of Georgia). The gentleman from Montana
is recognized for 5 minutes.
Mr. DAINES. Mr. Chairman, this amendment strikes section 8132, which
prohibits the use of funds to reduce or decommission Minuteman III ICBM
silos or to put these silos into a nondeployed status other than warm
status. A warm silo is one that can be made fully operational with the
reintroduction of a missile.
Let me remind those who are listening tonight that anybody who says,
``Thank God we have never had to use our ICBMs,'' I would argue they
are used every day to ensure that we maintain peace and stability in
the world. This section is modeled after language that was included in
the House-passed NDAA to maximize the readiness of the land-based leg
of the nuclear triad.
I rise in opposition to this amendment. The language in this section
is essentially the same as the language that was included in the House-
passed National Defense Authorization Act. This section says that, if
the Department of Defense takes a silo down to nondeployed status, it
must keep it warm. That means it must be kept in a state that would
allow it to become fully operational if a missile is reintroduced. This
section would ensure that we maximize the readiness of the land-based
leg of the nuclear triad and inhibit the administration from making
unilateral cuts to our strategic deterrent.
I urge a ``no'' vote on the amendment, and I yield back the balance
of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from New York (Mr. Nadler).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. NADLER. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from New York
will be postponed.
The Clerk will read.
The Clerk read as follows:

Sec. 8133. None of the funds made available by this Act
may be obligated or expended to divest E-3 airborne warning
and control system aircraft, or disestablish any units of the
active or reserve component associated with such aircraft:
Provided, That not later than 90 days following the date of
enactment of this Act, the Secretary of the Air Force shall
submit to the congressional defense committees a report
providing a detailed explanation of how the Secretary will
meet the priority requirements of the commanders of the
combatant commands related to airborne warning and control
with a fleet of fewer than 31 E-3 aircraft.
Sec. 8134. None of the funds made available by this Act
may be obligated or expended to implement the Arms Trade
Treaty until the Senate approves a resolution of ratification
for the Treaty.

(including transfer of funds)

Sec. 8135. In addition to amounts provided elsewhere in
this Act, there is appropriated $139,000,000, for an
additional amount for ``Operation and Maintenance, Defense-
Wide'', to remain available until expended: Provided, That
such funds shall only be available to the Secretary of
Defense, acting

[[Page H5479]]

through the Office of Economic Adjustment of the Department
of Defense, or for transfer to the Secretary of Education,
notwithstanding any other provision of law, to make grants,
conclude cooperative agreements, or supplement other Federal
funds to construct, renovate, repair, or expand elementary
and secondary public schools on military installations in
order to address capacity or facility condition deficiencies
at such schools: Provided further, That in making such funds
available, the Office of Economic Adjustment or the Secretary
of Education shall give priority consideration to those
military installations with schools having the most serious
capacity or facility condition deficiencies as determined by
the Secretary of Defense: Provided further, That funds may
not be made available for a school unless its enrollment of
Department of Defense-connected children is greater than 50
percent.
Sec. 8136. None of the funds made available by this Act
may be used to transfer AH-64 Attack helicopters from the
Army National Guard to the active Army: Provided, That this
section shall continue in effect through the date of
enactment of the National Defense Authorization Act for
Fiscal Year 2015.

(including transfer of funds)

Sec. 8137. In addition to amounts appropriated in title II
or otherwise made available elsewhere in this Act,
$1,000,000,000 is hereby appropriated to the Department of
Defense and made available for transfer to the operation and
maintenance accounts of the Army, Navy, Marine Corps, and Air
Force (including National Guard and reserve) for purposes of
improving military readiness: Provided, That the transfer
authority provided under this provision is in addition to any
other transfer authority provided elsewhere in this Act.
Sec. 8138. Of the amounts made available under the heading
``Operation and Maintenance, Defense-Wide'' in title II and
``Operation and Maintenance'' in title IX of this Act, not to
exceed $50,000,000 may be obligated for activities authorized
under section 1208 of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 112-81;
125 Stat. 1621): Provided, That none of the funds made
available in this Act may be used under such section 1208 to
initiate support for, or expand support to, foreign forces,
irregular forces, groups, or individuals unless the
congressional defense committees are notified in accordance
with the direction contained in the classified annex
accompanying this Act, not less than 15 days before
initiating such support: Provided further, That, none of the
funds made available in this Act may be used under such
section 1208 for any activity that is not in support of an
ongoing military operation being conducted by United States
Special Operations Forces to combat terrorism: Provided
further, That the Secretary of Defense may waive the
prohibitions in the preceding provisos if the Secretary
determines that such waiver is required by extraordinary
circumstances and, by not later than 72 hours after making
such waiver, notifies the congressional defense committees of
such waiver.
Sec. 8139. None of the funds appropriated or otherwise
made available by this Act or any other Act may be used in
contravention of Sec. 1035 of the National Defense
Authorization Act for Fiscal Year 2014.
Sec. 8140. None of the funds made available by this Act
may be used to implement the changes to hair standards and
grooming policies for female members of the Armed Forces, as
contained in paragraph 3-2 of Army Regulation 670-1, issued
on March 31, 2014.

TITLE IX--OVERSEAS DEPLOYMENTS AND OTHER ACTIVITIES

MILITARY PERSONNEL

For an additional amount for ``Military Personnel'',
$5,100,000,000: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.

OPERATION AND MAINTENANCE

For an additional amount for ``Operation and Maintenance'',
$58,675,000,000: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.

PROCUREMENT

For an additional amount for ``Procurement'',
$12,220,000,000, to remain available until September 30,
2017: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.

NATIONAL GUARD AND RESERVE EQUIPMENT

For procurement of aircraft, missiles, tracked combat
vehicles, ammunition, other weapons, and other procurement
for the reserve components of the Armed Forces,
$2,000,000,000, to remain available for obligation until
September 30, 2017: Provided, That the Chiefs of the
National Guard and Reserve components shall, not later than
30 days after the enactment of this Act, individually submit
to the congressional defense committees the modernization
priority assessment for their respective National Guard or
Reserve component: Provided further, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.

OTHER APPROPRIATIONS

(including transfer of funds)

For an additional amount for ``Other Appropriations'',
$1,450,000,000: Provided, That ``Other Appropriations'' means
the Defense Health Program, Drug Interdiction and Counter-
Drug Activities, Joint Improvised Explosive Device Defeat
Fund, Office of the Inspector General, and Defense Working
Capital Funds: Provided further, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.

GENERAL PROVISIONS--THIS TITLE

Sec. 9001. Notwithstanding any other provision of law,
funds made available in this title are in addition to amounts
appropriated or otherwise made available for the Department
of Defense for fiscal year 2015.

(including transfer of funds)

Sec. 9002. Upon the determination of the Secretary of
Defense that such action is necessary in the national
interest, the Secretary may, with the approval of the Office
of Management and Budget, transfer up to $4,000,000,000
between the appropriations or funds made available to the
Department of Defense in this title: Provided, That the
Secretary shall notify the Congress promptly of each transfer
made pursuant to the authority in this section: Provided
further, That the authority provided in this section is in
addition to any other transfer authority available to the
Department of Defense and is subject to the same terms and
conditions as the authority provided in the Department of
Defense Appropriations Act, 2015.
Sec. 9003. Supervision and administration costs and costs
for design during construction associated with a construction
project funded with appropriations available for operation
and maintenance, ``Afghanistan Infrastructure Fund'', or the
``Afghanistan Security Forces Fund'' provided in this Act and
executed in direct support of overseas contingency operations
in Afghanistan, may be obligated at the time a construction
contract is awarded: Provided, That for the purpose of this
section, supervision and administration costs and costs for
design during construction include all in-house Government
costs.
Sec. 9004. From funds made available in this title, the
Secretary of Defense may purchase for use by military and
civilian employees of the Department of Defense in the U.S.
Central Command area of responsibility: (a) passenger motor
vehicles up to a limit of $75,000 per vehicle; and (b) heavy
and light armored vehicles for the physical security of
personnel or for force protection purposes up to a limit of
$250,000 per vehicle, notwithstanding price or other
limitations applicable to the purchase of passenger carrying
vehicles.
Sec. 9005. Not to exceed $15,000,000 of the amount
appropriated in this title under the heading ``Operation and
Maintenance'' may be used, notwithstanding any other
provision of law, to fund the Commander's Emergency Response
Program (CERP), for the purpose of enabling military
commanders in Afghanistan to respond to urgent, small-scale,
humanitarian relief and reconstruction requirements within
their areas of responsibility: Provided, That each project
(including any ancillary or related elements in connection
with such project) executed under this authority shall not
exceed $10,000,000: Provided further, That not later than 45
days after the end of each fiscal year quarter, the Secretary
of Defense shall submit to the congressional defense
committees a report regarding the source of funds and the
allocation and use of funds during that quarter that were
made available pursuant to the authority provided in this
section or under any other provision of law for the purposes
described herein: Provided further, That, not later than 30
days after the end of each month, the Army shall submit to
the congressional defense committees monthly commitment,
obligation, and expenditure data for the Commander's
Emergency Response Program in Afghanistan: Provided further,
That not less than 15 days before making funds available
pursuant to the authority provided in this section or under
any other provision of law for the purposes described herein
for a project with a total anticipated cost for completion of
$5,000,000 or more, the Secretary shall submit to the
congressional defense committees a written notice containing
each of the following:
(1) The location, nature and purpose of the proposed
project, including how the project is intended to advance the
military campaign plan for the country in which it is to be
carried out.
(2) The budget, implementation timeline with milestones,
and completion date for the proposed project, including any
other CERP funding that has been or is anticipated to be
contributed to the completion of the project.
(3) A plan for the sustainment of the proposed project,
including the agreement with either the host nation, a non-
Department of Defense agency of the United States Government
or a third-party contributor to finance the sustainment of
the activities and maintenance of any equipment or facilities
to be provided through the proposed project.

[[Page H5480]]

Sec. 9006. Funds available to the Department of Defense
for operation and maintenance may be used, notwithstanding
any other provision of law, to provide supplies, services,
transportation, including airlift and sealift, and other
logistical support to coalition forces supporting military
and stability operations in Afghanistan: Provided, That the
Secretary of Defense shall provide quarterly reports to the
congressional defense committees regarding support provided
under this section.
Sec. 9007. None of the funds appropriated or otherwise
made available by this or any other Act shall be obligated or
expended by the United States Government for a purpose as
follows:
(1) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Iraq.
(2) To exercise United States control over any oil resource
of Iraq.
(3) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Afghanistan.
Sec. 9008. None of the funds made available in this Act
may be used in contravention of the following laws enacted or
regulations promulgated to implement the United Nations
Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (done at New York on
December 10, 1984):
(1) Section 2340A of title 18, United States Code.
(2) Section 2242 of the Foreign Affairs Reform and
Restructuring Act of 1998 (division G of Public Law 105-277;
112 Stat. 2681-822; 8 U.S.C. 1231 note) and regulations
prescribed thereto, including regulations under part 208 of
title 8, Code of Federal Regulations, and part 95 of title
22, Code of Federal Regulations.
(3) Sections 1002 and 1003 of the Department of Defense,
Emergency Supplemental Appropriations to Address Hurricanes
in the Gulf of Mexico, and Pandemic Influenza Act, 2006
(Public Law 109-148).
Sec. 9009. None of the funds provided for the
``Afghanistan Security Forces Fund'' (ASFF) may be obligated
prior to the approval of a financial and activity plan by the
Afghanistan Resources Oversight Council (AROC) of the
Department of Defense: Provided, That the AROC must approve
the requirement and acquisition plan for any service
requirements in excess of $50,000,000 annually and any non-
standard equipment requirements in excess of $100,000,000
using ASFF: Provided further, That the AROC must approve all
projects and the execution plan under the ``Afghanistan
Infrastructure Fund'' (AIF) and any project in excess of
$5,000,000 from the Commander's Emergency Response Program
(CERP): Provided further, That the Department of Defense must
certify to the congressional defense committees that the AROC
has convened and approved a process for ensuring compliance
with the requirements in the preceding provisos and
accompanying report language for the ASFF, AIF, and CERP.
Sec. 9010. Funds made available in this title to the
Department of Defense for operation and maintenance may be
used to purchase items having an investment unit cost of not
more than $250,000: Provided, That, upon determination by the
Secretary of Defense that such action is necessary to meet
the operational requirements of a Commander of a Combatant
Command engaged in contingency operations overseas, such
funds may be used to purchase items having an investment item
unit cost of not more than $500,000.
Sec. 9011. From funds made available to the Department of
Defense in this title under the heading ``Operation and
Maintenance'' up to $150,000,000 may be used by the Secretary
of Defense, notwithstanding any other provision of law, to
support United States Government transition activities in
Iraq by funding the operations and activities of the Office
of Security Cooperation in Iraq and security assistance
teams, including life support, transportation and personal
security, and facilities renovation and construction, and
site closeout activities prior to returning sites to the
Government of Iraq: Provided, That to the extent authorized
under the National Defense Authorization Act for Fiscal Year
2015, the operations and activities that may be carried out
by the Office of Security Cooperation in Iraq may, with the
concurrence of the Secretary of State, include non-
operational training activities in support of Iraqi Minister
of Defense and Counter Terrorism Service personnel in an
institutional environment to address capability gaps,
integrate processes relating to intelligence, air
sovereignty, combined arms, logistics and maintenance, and to
manage and integrate defense-related institutions: Provided
further, That not later than 30 days following the enactment
of this Act, the Secretary of Defense and the Secretary of
State shall submit to the congressional defense committees a
plan for transitioning any such training activities that they
determine are needed after the end of fiscal year 2015, to
existing or new contracts for the sale of defense articles or
defense services consistent with the provisions of the Arms
Export Control Act (22 U.S.C. 2751 et seq.): Provided
further, That not less than 15 days before making funds
available pursuant to the authority provided in this section,
the Secretary of Defense shall submit to the congressional
defense committees a written notification containing a
detailed justification and timeline for the operations and
activities of the Office of Security Cooperation in Iraq at
each site where such operations and activities will be
conducted during fiscal year 2015.
Sec. 9012. (a) None of the funds appropriated or otherwise
made available by this Act under the heading ``Operation and
Maintenance'' for payments under section 1233 of Public Law
110-181 for reimbursement to the Government of Pakistan may
be made available unless the Secretary of Defense, in
coordination with the Secretary of State, certifies to the
Committees on Appropriations that the Government of Pakistan
is--
(1) cooperating with the United States in counterterrorism
efforts against the Haqqani Network, the Quetta Shura
Taliban, Lashkar e-Tayyiba, Jaish-e-Mohammed, Al Qaeda, and
other domestic and foreign terrorist organizations, including
taking steps to end support for such groups and prevent them
from basing and operating in Pakistan and carrying out cross
border attacks into neighboring countries;
(2) not supporting terrorist activities against United
States or coalition forces in Afghanistan, and Pakistan's
military and intelligence agencies are not intervening extra-
judicially into political and judicial processes in Pakistan;
(3) dismantling improvised explosive device (IED) networks
and interdicting precursor chemicals used in the manufacture
of IEDs;
(4) preventing the proliferation of nuclear-related
material and expertise;
(5) implementing policies to protect judicial independence
and due process of law;
(6) issuing visas in a timely manner for United States
visitors engaged in counterterrorism efforts and assistance
programs in Pakistan; and
(7) providing humanitarian organizations access to
detainees, internally displaced persons, and other Pakistani
civilians affected by the conflict.
(b) The Secretary of Defense, in coordination with the
Secretary of State, may waive the restriction in paragraph
(a) on a case-by-case basis by certifying in writing to the
Committees on Appropriations of the House of Representatives
and the Senate that it is in the national security interest
to do so: Provided, That if the Secretary of Defense, in
coordination with the Secretary of State, exercises the
authority of the previous proviso, the Secretaries shall
report to the Committees on Appropriations on both the
justification for the waiver and on the requirements of this
section that the Government of Pakistan was not able to meet:
Provided further, That such report may be submitted in
classified form if necessary.
Sec. 9013. None of the funds made available by this Act
may be used with respect to Syria in contravention of the War
Powers Resolution (50 U.S.C. 1541 et seq.), including for the
introduction of United States armed or military forces into
hostilities in Syria, into situations in Syria where imminent
involvement in hostilities is clearly indicated by the
circumstances, or into Syrian territory, airspace, or waters
while equipped for combat, in contravention of the
congressional consultation and reporting requirements of
sections 3 and 4 of that law (50 U.S.C. 1542 and 1543).
Sec. 9014. None of the funds made available by this Act
for the ``Afghanistan Infrastructure Fund'' may be used to
plan, develop, or construct any project for which
construction has not commenced before the date of the
enactment of this Act.
Sec. 9015. No more than 15 percent of the funds made
available in Title IX may be obligated, until the Secretary
of Defense provides the congressional defense and
intelligence committees with a detailed spend plan for the
funds provided, including an assurance that no funds will be
used in contravention of Sec. 1035 of the National Defense
Authorization Act for Fiscal Year 2014.

TITLE X--ADDITIONAL GENERAL PROVISIONS

spending reduction account

Sec. 10001. The amount by which the applicable allocation
of new budget authority made by the Committee on
Appropriations of the House of Representatives under section
302(b) of the Congressional Budget Act of 1974 exceeds the
amount of proposed new budget authority is $0.

{time} 1915

Mr. FRELINGHUYSEN. Mr. Chairman, I move to strike the last word.
The Acting CHAIR. The gentleman from New Jersey is recognized for 5
minutes.
Mr. FRELINGHUYSEN. Mr. Chairman, I yield to the gentleman from
Florida (Mr. Mica) for a colloquy.
Mr. MICA. First of all, I want to commend you, Mr. Chairman, also the
ranking member and the Appropriations Defense Subcommittee staff, for
your efforts in bringing this important measure to the floor for our
military.
Mr. Chairman, in working with you and your staff, I know, firsthand,
of your dedication to our armed services and the importance you place
on ensuring the readiness of our troops.
As you well know, modeling and simulation tools are cost-effective
and highly successful components in ensuring that our troops have the
absolute best training available.
I thank the gentleman from New Jersey for his support, and also for
the inclusion of specific language in the FY

[[Page H5481]]

2015 Appropriations Defense Subcommittee report specifically
emphasizing the benefits of modeling and simulation.
Also, as the House considers this vital appropriations bill, I would
like to take this opportunity to share with you, the committee, and my
colleagues, a concern of mine affecting the modeling and simulation and
training community.
As you know, part of the continuation of the Warfighter FOCUS program
was expected to be the TEACH program. It is my understanding that the
TEACH program has been put on hold.
It is also my understanding that the Army will continue this program
under a different name and format. It is my hope that the funds
allocated are used to fulfill the requirements needed for this portion
of the Warfighter program.
Mr. Chairman, again, I appreciate your support for this vital tool--
simulation saves taxpayers dollars and assists in training our defense
personnel--and also its inclusion in the Defense Appropriations bill.
Mr. FRELINGHUYSEN. Mr. Chairman, I appreciate the gentleman bringing
this important issue to my attention. A month or two ago you brought me
together with some national leaders that are involved in modeling and
simulation, and it was a real education for me.
So like you, I do place a great importance on ensuring our troops
have the best training and support available, and that is a very good
way to educate them.
I look forward to working with the gentleman to ensure our troops
receive the training and equipment they need, and that our Nation's
defense needs are met in a fiscally responsible manner.
Mr. MICA. I thank you, Chairman Frelinghuysen, and the ranking
member.
Mr. FRELINGHUYSEN. Mr. Chairman, I yield back the balance of my time.

Amendment Offered by Mr. Garamendi

Mr. GARAMENDI. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:

At the end of the bill (before the short title), insert the
following:
Sec. __. None of the funds made available by this Act may
be used on research, development, test, or evaluation for the
F-35 Joint Strike Fighter to modify the F-35 Joint Strike
Fighter in a manner that provides B-61 delivery capability
until the date on which the report described under the
heading ``Cost Sharing of Forward-Deployed Nuclear Weapons''
in the report of the Committee on Appropriations of the House
of Representatives accompanying this Act has been delivered
to the congressional defense committees and such report
includes, among other matters, the total anticipated cost to
make the F-35 Joint Strike Fighter nuclear capable, the
number of aircraft expected to have such capability, and the
total number of tactical B-61s expected to undergo the Life
Extension Program, including the total anticipated program
cost, specific to tactical B-61s.

Mr. FRELINGHUYSEN (during the reading). Mr. Chairman, I reserve a
point of order on the gentleman's amendment.
The Acting CHAIR. A point of order is reserved.
The Clerk will continue to read.
The Clerk continued to read.
The Acting CHAIR. Pursuant to House Resolution 628, the gentleman
from California and a Member opposed each will control 5 minutes.
Mr. GARAMENDI. Mr. Chairman, earlier today I took up this issue by
attempting to strike the $15 million that is appropriated in this bill
for the initial phases of figuring out how to make the F-35 dual-
capable, that is, capable of handling both conventional as well as
nuclear weapons.
This is the opening of a very, very expensive process. Probably well
over somewhere between 10 and $20 billion will be spent on this entire
program.
The F-35 is our plane of the future. It is extremely important for
the defense of this Nation. However, the issue of whether that plane
should be dual-capable or not really revolves around the role that the
F-35 dual-capable plane will play in the European theater.
Presently, we are deploying in Europe the B-61 bomb. That bomb is now
being life-extended, rebuilt for the purposes of doing what it has done
before, that is, to sit there basically unused. It will be both a
tactical as well as a strategic weapon.
There is a major cost factor that will affect this budget and future
budgets for years to come with this initial decision that we are now
making.
What this amendment does is to simply build off a portion of the bill
that is already in place. It does call for a report. This amendment
fences off the $15 million, says you can't use it until such time as
the details that I add to the existing language of the bill before us--
those details were read by the reader a moment ago.
Let me just quickly go through them:
Until the House of Representatives has delivered--that is, until the
military has delivered to the House of Representatives defense
committees a report, among other matters, on the total anticipated cost
of making the F-35 joint fighter nuclear-capable;
Next, the number of aircraft expected to have such capability;
Next, the total number of tactical B-61s expected to undergo the
life-extension program, including the total anticipated cost specific
to the tactical B-61.
This is critical information that we have. The language in the bill
is okay, but it doesn't give us the specificity that we need to make
the decision, and frankly, I don't think we ought to start down this
path until we really have some better notion of where we are going with
the expenses of this.
We also know that the European community is, at best, ambivalent
about what to do with this issue, and they certainly are ambivalent
about whether they are going to pay their share of the costs of the
airplanes that they will eventually acquire that will have this dual
capability.
So big questions out there. This is an amendment attempting to gather
the specific information that we should have to make a wise and
informed decision in the future.
Mr. FRELINGHUYSEN. Will the gentleman yield?
Mr. GARAMENDI. I yield to the gentleman from New Jersey.
Mr. FRELINGHUYSEN. Mr. Chairman, I withdraw my reservation, with the
understanding the gentleman from California will be withdrawing his
amendment.
Mr. GARAMENDI. Mr. Chairman, reclaiming my time, I would much prefer
if you could say this is really wise and information that we need and
that we would add this to the bill somewhere along the process.
I yield to the gentleman.
Mr. FRELINGHUYSEN. Well, I am a strong supporter of the Joint Strike
Fighter and, indeed, the B-61. We are doing things to make sure that it
is everything that we anticipate it should be.
I think the issue is worth discussing, but it was my understanding
that you were planning to withdraw your amendment. Otherwise, I will
make a point of order.
Mr. GARAMENDI. Mr. Chairman, reclaiming my time, what I would prefer
to do, sir, is to proceed and to continue the discussion. I think this
is an important matter.
Mr. Chairman, I don't know how much time I have remaining.
The Acting CHAIR. The gentleman from California has 30 seconds
remaining.
Mr. GARAMENDI. Well, perhaps I will just wrap, and then we will take
up your point of order and see where that goes with it.
This is an extremely important issue. It has to do with our
relationships with NATO. It has to do with cost-sharing by the NATO
community, who will eventually acquire these planes, and it also has to
do with the B-61 bomb, which is an extraordinarily expensive program
that may or may not fit into the future for NATO or even for us.
So this amendment is designed to give us the information that we need
and, until we have it, it prevents the use of the $15 million.
Mr. Chairman, I yield back the balance of my time.

Point of Order

Mr. FRELINGHUYSEN. Mr. Chairman, I make a point order against the
amendment because it proposes to change existing law and constitutes
legislation in an appropriations bill. Therefore, it violates clause 2
of rule XXI.
The rule states, in pertinent part:
``An amendment to a general appropriation bill shall not be in order
if changing existing law.''

[[Page H5482]]

The amendment requires a new determination.
I ask for a ruling from the Chair.
The Acting CHAIR. Does any other Member wish to be heard on the point
of order?
Mr. GARAMENDI. I ask to be heard on the point of order.
The Acting CHAIR. The gentleman from California is recognized.
Mr. GARAMENDI. Mr. Chairman, at the subcommittee, with great respect,
I respectfully disagree with you. This does not change law. It simply
writes into the law an extension of what is already in this bill, and
that is, it calls for a report.
It also fences off a certain amount of money, in this case $15
million. That is really the ante, the beginning of a very expensive
process. It fences it off until we have that information report from
the Pentagon. I think that is the wise thing to do.
In fact, the appropriation bill in many, many respects changes laws,
and I think we are all aware of that.
I am also aware that I have yet to overcome a point of order, but
there is always the first time, and we can be hopeful that this might
be the first.
But I draw the attention of the chair, the ranking members, and
anybody else that cares to listen, be prepared to spend somewhere
between $15- and $20 billion if we go forward with both the B-61 and
the retrofitting to the F-35 so that it will be dual-capable--capable
of both conventional as well as nuclear weapons.
I think we better know where we are going, have a good sense of the
total cost, and also have a very good sense of where our European
allies want this to be, and I think they ought to also pay for it.
The Acting CHAIR. The Chair is prepared to rule.
The Chair finds that this amendment imposes new duties on the
officials funded in the bill.
The amendment, therefore, constitutes legislation in violation of
clause 2 of rule XXI.
The point of order is sustained, and the amendment is not in order.

Amendment Offered by Mr. Cole

Mr. COLE. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:

At the end of the bill (before the short title), insert the
following:
Sec. __. None of the funds made available by this Act may
be used to provide housing on a military installation to an
alien (as defined in section 101(a) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)) who--
(1) is an unaccompanied minor; and
(2) is not a dependent of a member of the Armed Forces.

The Acting CHAIR. Pursuant to House Resolution 628, the gentleman
from Oklahoma and a Member opposed each will control 5 minutes.
Mr. VISCLOSKY. Mr. Chairman, I reserve a point of order against the
gentleman's amendment.
The Acting CHAIR. A point of order is reserved.
The Chair recognizes the gentleman from Oklahoma.
Mr. COLE. Mr. Chairman, I want to be the first to acknowledge that
this legislation may not indeed be the appropriate place in which to
address the issue raised in the amendment. But I do believe the
amendment is an appropriate way to highlight a problem that simply must
be addressed by the President and by the Congress.
In recent weeks, there have been many news accounts reporting that we
have had an explosion of unaccompanied juveniles coming and crossing
our borders, largely from Central America, from the countries of
Guatemala, Honduras, and El Salvador.
This population has overwhelmed facilities that we normally use to
house people that have entered our country illegally, and military
facilities have now been used, pressed into service, to deal with this
population.
In full disclosure, one of those facilities happens to be in my
district, Fort Sill, Oklahoma, the home of the Field Artillery School.
But other facilities have also been used, at Ventura, at Lackland Air
Force Base in Texas, and the State of Washington, and still others are
being considered.
I am concerned about this for three reasons. First, these military
facilities are absolutely inappropriate places to house this particular
population. They are not designed for that purpose. They are not
equipped for it. They have gotten very little notification of it. It is
simply the wrong place to put folks.
You don't bring outsiders onto a military installation who have no
business being there and, in addition, also their caretakers.

{time} 1930

Second, while much of the expense will be picked up by other various
departments of government, it will inevitably cause some expense and
some inconvenience to the Department of Defense at a time when we have
a very strained military budget.
Lastly, while we are told that these facilities are going to be used
only on a temporary emergency basis, there is, indeed, the risk that
they could become permanent, something I think that would create a
confusion of missions on military bases, not to be avoided.
We need to address the cause of the flow, not simply manage the flow
better, and we shouldn't use military facilities in that process.
The administration says that this flow of unaccompanied juveniles--
which, by the way, was 6,000 2 years ago, is 66,000 now, and is
projected to reach 120,000 to 150,000 within the next couple of years--
is the result of a humanitarian crisis.
I would submit it is actually the result of a policy failure. We are
essentially incentivizing the flow of this population by not returning
the unaccompanied juveniles to their countries of origins quickly.
Indeed, once they arrive in the United States, we try to find
sponsors for them in this country, and they effectively stay here
permanently.
That is not what we do, by the way, with Mexican juveniles. If you
are a 16-year-old illegal immigrant from Mexico, we return you
immediately, and we have had no similar spike in that particular
population coming across the border.
What we are doing may appear to be humane to the juveniles in
question. It is actually not. First, we are disrupting the countries
from which they come. We are destabilizing those countries by
incentivizing this flow.
Second, these young people don't just walk across Mexico. They are
transported by cartels, by criminals. It is the same people who bring
drugs into our country, and they are making an enormous amount of
money, and we are strengthening them by incentivizing this flow.
Finally, the young people themselves are at an enormous risk during
the process of transportation. They are being brought across the length
of a country--Mexico--in the company of criminal elements, very
unsavory elements, and they are very much at risk.
I think we need to stop using military facilities for this purpose
and to, frankly, begin to return people to their countries of origin.
In my view, that would actually stop the flow and remove the incentive
to come.
Mr. VISCLOSKY. Will the gentleman yield?
Mr. COLE. I yield to the gentleman from Indiana.
Mr. VISCLOSKY. Mr. Chairman, I would like to ask the gentleman from
Oklahoma, the author, if it is the gentleman's intent to withdraw his
amendment.
Mr. COLE. Mr. Chairman, I respect my friend from Indiana pressing the
point of order. I suspect he will prevail, and I am prepared to
withdraw.
I want to serve notice that I am going to eventually find the
appropriate vehicle, so that we can address this. I think it is a real
issue, but I respect my friend's concerns that this may not be the
appropriate vehicle.
Mr. VISCLOSKY. If the gentleman from Oklahoma would, again, yield a
moment of his time, I would just suggest to the membership that I was
not fully aware of the problems that existed and that have now been
exacerbated until the gentleman raised it in committee.
As a member of the subcommittee, I appreciate that happening, and the
fact that you have now raised it on two significant occasions, I think,
is going to compel the administration, as well as our colleagues, to
find a solution to this very serious problem.
So raising the point of order was simply to preserve that right, but
I appreciate what the gentleman is doing.

[[Page H5483]]

Mr. FRELINGHUYSEN. Will the gentleman yield?
Mr. COLE. I yield to the gentleman from New Jersey.
Mr. FRELINGHUYSEN. Mr. Chairman, I have one additional comment. It is
interesting that many of the press reports on this crisis situation--at
least on the east coast--don't point out that many of these children
are in military installations.
I want to commend the gentleman for pointing out that, while they are
well kept and looked after in those installations, it is totally
inappropriate that children be put in that situation and that the
Department of Health and Human Services and the administration need to
do a better job of finding housing alternatives.
Mr. VISCLOSKY. Mr. Chairman, I appreciate the gentleman from Oklahoma
yielding, and I will withdraw my point of order.
Mr. COLE. Mr. Chair, I appreciate what my colleagues had to say, and
I ask unanimous consent to withdraw my amendment.
The Acting CHAIR. Is there objection to the request of the gentleman
from Oklahoma?
There was no objection.

Amendment Offered by Mr. Grayson

Mr. GRAYSON. Mr. Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:

At the end of the bill (before the short title), insert the
following:
Sec.__. None of the funds made available by this Act may be
used to enter into a contract with any offeror or any of its
principals if the offeror certifies, pursuant to the Federal
Acquisition Regulation, that the offeror or any of its
principals--
(1) within a three-year period preceding this offer has
been convicted of or had a civil judgment rendered against it
for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public
(Federal, State, or local) contract or subcontract; violation
of Federal or State antitrust statutes relating to the
submission of offers; or commission of embezzlement, theft,
forgery, bribery, falsification or destruction of records,
making false statements, tax evasion, violating Federal
criminal tax laws, or receiving stolen property; or
(2) are presently indicted for, or otherwise criminally or
civilly charged by a governmental entity with, commission of
any of the offenses enumerated in paragraph (1); or
(3) within a three-year period preceding this offer, has
been notified of any delinquent Federal taxes in an amount
that exceeds $3,000 for which the liability remains
unsatisfied.

Mr. GRAYSON (during the reading). Mr. Chair, I ask unanimous consent
that the balance of the reading be waived.
The Acting CHAIR. Is there objection to the request of the gentleman
from Florida?
There was no objection.
The Acting CHAIR. Pursuant to House Resolution 628, the gentleman
from Florida and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Florida.
Mr. GRAYSON. Mr. Chair, this amendment is identical to other
amendments that have been inserted by voice vote into every
appropriations bill that has been considered under an open rule during
this Congress.
My amendment would expand the list of parties with whom the Federal
Government is prohibited from contracting because of serious misconduct
on the part of those contractors. It is my hope that this amendment
will remain noncontroversial and that it will, again, be passed
unanimously by this House.
Mr. VISCLOSKY. Will the gentleman yield?
Mr. GRAYSON. I yield to the gentleman from Indiana.
Mr. VISCLOSKY. I appreciate the gentleman yielding.
Mr. Chairman, I will suggest that I would find the amendment
acceptable. I do believe it is largely duplicative of the general
provision of section 8110 that is already found in the bill. Again, I
understand the gentleman's intent and would agree with it and do
believe it is acceptable to the subcommittee.
Mr. GRAYSON. Reclaiming my time, I thank the ranking member for
making that notation.
We have compared that language to this language. We respectfully
believe that this language is broader and covers more situations, more
contractors who have committed wrongdoing, but I appreciate the ranking
member pointing that out, and I certainly support the provision that he
cited.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Florida (Mr. Grayson).
The amendment was agreed to.

Amendment Offered by Mr. Grayson

Mr. GRAYSON. I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
At the end of the bill (before the short title), insert the
following:
Sec.__. None of the funds made available by this Act may be
used by an (officer, employee, or contractor of the
intelligence community to subvert or interfere with the
integrity of any cryptographic standard that is proposed,
developed, or adopted by the National Institute of Standards
and Technology.

Point of Order

Mr. FRELINGHUYSEN. Mr. Chairman, I make a point of order against the
amendment because it proposes to change existing law and constitutes
legislation in an appropriations bill and, therefore, violates clause 2
of rule XXI.
The rule states in pertinent part:
``An amendment to a general appropriation bill shall not be in order
if changing existing law.''
The amendment requires a new determination.
I ask for a ruling from the Chair.
The Acting CHAIR. The gentleman from Florida is recognized.
Mr. GRAYSON. Mr. Chair, I respectfully am willing to yield my time to
the gentleman from New Jersey if the gentleman will explain to me what
part of this provision offends----
The Acting CHAIR. The Chair will hear each Member on their own.
The gentleman from Florida is recognized.
Mr. GRAYSON. I will reiterate what I just said, Mr. Chair.
The Acting CHAIR. The Chair is prepared to rule.
Mr. GRAYSON. Mr. Chair, I did ask that I wanted to yield to the
gentleman from New Jersey to specify.
The Acting CHAIR. The Chair will hear argument offered by each Member
separately.
The gentleman from Florida is recognized to make his argument.
Mr. GRAYSON. I understand that, Mr. Chair.
I am asking if the gentleman from New Jersey would provide additional
information as part of my argument.
The Acting CHAIR. The Chair has heard the argument in favor of the
point of order.
The Chair recognizes the gentleman from Florida if he wishes to make
an argument.
Mr. GRAYSON. Yes, Mr. Chair. I will say it again.
I am offering to yield to the gentleman from New Jersey if the
gentleman from New Jersey will identify any part of this amendment that
offends the relevant rule.
The Acting CHAIR. At this point in time, the Chair will hear argument
by the gentleman from Florida.
If not, the Chair is prepared to rule.
Mr. GRAYSON. Mr. Chair, I think it is clear that there is no part of
this amendment that offends the relevant rule.
I yielded to the gentleman from New Jersey who raised the point of
order. I am still willing to yield to the gentleman who raised a point
of order.
If there is no part of this amendment that can be identified as
offending the relevant rule, clearly it does not offend the relevant
rule.
This, in fact, does not in any way legislate. I invite any Member of
this body here today who can identify any part of this amendment that
constitutes legislation on the relevant rule.

[[Page H5484]]

Since no one can, it follows that the point of order must be
overruled.
The Acting CHAIR. The Chair is prepared to rule.
The Chair finds that this amendment includes language requiring a new
determination as to what constitutes subversion or interference with
integrity of a standard.
The amendment, therefore, constitutes legislation in violation of
clause 2 of rule XXI.
The point of order is sustained, and the amendment is not in order.

Amendment Offered by Mrs. Walorski

Mrs. WALORSKI. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:

At the end of the bill (before the short title) insert the
following:
Sec. __. None of the funds made available by this Act may
be used to transfer or release to the Republic of Yemen (or
any entity within Yemen) a detainee who is or was held,
detained, or otherwise in the custody of the Department of
Defense on or after June 24, 2009, at the United States Naval
Station, Guantanamo Bay, Cuba.

The Acting CHAIR. Pursuant to House Resolution 628, the gentlewoman
from Indiana and a Member opposed each will control 5 minutes.
The Chair recognizes the gentlewoman from Indiana.
Mrs. WALORSKI. Mr. Chairman, the recent release of the Taliban Five
was a potent reminder to Congress, as well as the American people, of
the risk involved in detainee transfer decisions.
The rising rate of terrorism reengagement, the unstable security
situation in Yemen, and the continuing threat posed by al Qaeda in the
Arabian Peninsula have prompted me to introduce this amendment again
this year.
One of President Obama's first acts in office was to sign an
executive order to close the facility at Guantanamo.
However, the President himself suspended all detainee transfers from
Gitmo to Yemen on January 5, 2010. This decision was made in the
aftermath of the failed 2009 Christmas Day bombing attempt, which was
the first attack on the U.S. by al Qaeda since 9/11.
The would-be bomber was radicalized and trained in Yemen. White House
Press Secretary Gibbs said that:

Right now, any additional transfers to Yemen are not a good
idea.

In May of last year, the President changed his mind, lifting the
moratorium on transfers to Yemen and reviewing transfers ``on a case-
by-case basis.''
Unfortunately, the U.S. intelligence community reports that the
number of former Gitmo detainees who reengage in terrorism has steadily
increased since 2002.
In December 2007, the first public intelligence report addressing
Gitmo ``reengagement'' declared the reengagement rate was ``about 7
percent.'' As of March of this year, the reengagement rate had risen to
29 percent. The majority of these individuals remain at large.
This information, which is the best, most reliable data we have,
comes from the Director of National Intelligence. The March DNI report
also notes that:

Transfers to countries with ongoing conflicts and internal
instability, as well as active recruitment by insurgent and
terrorist organizations, pose a particular problem.

Finally, the intel community has noted there is a lag of time of
``about 2\1/2\ years between leaving Gitmo and the first identified
reengagement reports.'' Therefore, estimated historical suspected and
confirmed rates may be lower than the actual current rates.
The administration should seek to ensure that the transfer process is
further examined and improved before proceeding with additional
transfers.
Meanwhile, the security situation in Yemen is frighteningly fragile
and has gone from bad to worse. According to a 2012 HASC Oversight and
Investigations Subcommittee report on detainee reengagement, the United
States has faced ``a persistent challenge'' in making certain that
countries receiving transferred Gitmo detainees have ``the capacity and
willingness to handle them in a way that sufficiently recognizes the
dangers involved.''
Despite the commendable efforts of Yemeni President Hadi, numerous
international organizations, such as the U.N. and the World Bank, have
all noted the ``fragile environment'' in Yemen. Unfortunately, the
country's progress is still at risk of being undermined by al Qaeda.
In fact, Yemen was recently ranked the sixth most failed state by The
Fund for Peace, worse than even Afghanistan and Iraq, and the third
most worsened state over the last 5 years.

{time} 1945

It is no surprise that jailbreaks are a notorious problem in Yemen.
Furthermore, press reports have characterized Yemeni prisons as
``overcrowded and under-monitored radicalization factories.''
To give one example, the Yemeni citizen who is the convicted
mastermind of the USS Cole bombing escaped from prison in both 2003 and
2006 after his recapture. He was not recaptured after his second escape
and remains at large.
In the most recent example, attackers mounted a bomb, grenade, and
gun assault on the main prison in Yemen's capital this February,
freeing 20 al Qaeda operatives. The U.S. Embassy has been closed since
May 7 and remains closed today due to attempted kidnappings and
terrorist attacks on U.S. citizens.
Finally, and most importantly, Yemen's branch of al Qaeda, commonly
known as AQAP, was founded by former Gitmo detainees. Counterterrorism
experts have declared AQAP to be al Qaeda's most effective affiliate,
posing the greatest danger to the American homeland.
AQAP's predecessor, al Qaeda in Yemen, came into existence after the
escape of 23 al Qaeda members from prison in the Yemeni capital in
February of 2006. AQAP has orchestrated numerous high-profile terrorist
attacks inside the Arabian Peninsula, but it has tried on numerous
occasions to strike the U.S. homeland, typically through air travel.
Analysts evaluate that AQAP is the al Qaeda group that is currently
the most capable and most committed to carry out sophisticated
operations against the West.
To summarize, Mr. Chairman, we cannot risk trusting one of the
world's most dangerous places with its most dangerous terrorists. The
fundamental question is how much risk should we take with our Nation's
security? This amendment helps ensure our homeland remains safe from
terrorist attacks. I urge my colleagues to support it, and I reserve
the balance of my time.
Mr. VISCLOSKY. Mr. Chairman, I rise in opposition to the amendment.
The Acting CHAIR. The gentleman from Indiana is recognized for 5
minutes.
Mr. VISCLOSKY. Mr. Chairman, I rise in strong opposition to the
gentlewoman's amendment. I believe that we need to set conditions to
close the detention facility at Guantanamo. This includes retaining the
option to transfer detainees from this facility elsewhere. It is in the
United States' national security interest to do so.
Guantanamo has become a rallying cry. It serves as a recruitment tool
for terrorists and increases the will of our enemies to fight while
decreasing the will of others to work with America.
Part of the rationale for establishing Guantanamo in the first place
was the misplaced idea that the facility would be beyond the law--a
proposition rejected by the Supreme Court. As a result, the continued
operation of this facility creates an impression in the eyes of our
allies and enemies alike that the United States selectively observes
the rule of law.
There is no reason that we should impose on ourselves the legal and
moral problems arising from the prospect of indefinite detentions at
Guantanamo after more than one decade. Working through civil courts
since 9/11, hundreds of individuals have been convicted of terrorism or
terrorism-related offenses and are now serving long sentences in
Federal prison. Not one has escaped custody.
Mr. Chairman, I strongly oppose the gentlewoman's amendment and
reserve the balance of my time.
Mrs. WALORSKI. Mr. Chairman, may I inquire as to the balance of my
time?
The Acting CHAIR. The gentlewoman from Indiana has 30 seconds
remaining.
Mr. FRELINGHUYSEN. Will the gentlewoman yield?
Mrs. WALORKSI. I yield to the gentleman from New Jersey.
Mr. FRELINGHUYSEN. I thank the gentlewoman for yielding. I strongly

[[Page H5485]]

support her amendment. What was particularly galling in the Guantanamo
transfer of these detainees was that the Taliban were able to choose
the people they wanted released, and then the picture that we saw of
their being greeted in Qatar by their terrorist brothers was enough to
make you sick. So I am strongly supportive of her amendment. I am glad
that we have renewed this commitment to make sure these people are not
released anywhere. I thank the gentlewoman.
The Acting CHAIR. The time of the gentlewoman has expired.
Mr. VISCLOSKY. Mr. Chairman, we are a nation of laws. Again, I
reiterate my objection and would yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from Indiana (Mrs. Walorski).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. VISCLOSKY. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentlewoman from Indiana
will be postponed.

Amendment Offered by Mr. Nolan

Mr. NOLAN. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:

At the end of the bill (before the short title), insert the
following:
Sec. _. None of the funds made available by this Act may
be used for the ``Afghanistan Infrastructure Fund''.

The Acting CHAIR. Pursuant to House Resolution 628, the gentleman
from Minnesota and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Minnesota.
Mr. NOLAN. Mr. Chairman, I want to thank the chairman and the ranking
member for the hard work that they have done in putting this
appropriation bill together.
Mr. Chairman, Members of the House, there is a bipartisan group of us
that have been meeting on a regular basis with the inspector general
for Afghanistan and Iraq. He has over 200 investigators trying to
determine where the funds have gone for this Afghan infrastructure
fund.
To hear the story, it breaks your heart. Of the last $100 billion
that have been spent on Afghan infrastructure, they can't find where
most of that money went. Why? Well, for several reasons. One is that
Afghanistan is largely a cash economy. So if you want to do a project
in any of the remote areas, you have to show up with a truckload full
of cash.
Secondly, it is now certified as the most corrupt nation in the
world. It is the number one narco-state in the world, supplying more
heroin than the rest of the world combined. As the U.S. troops
withdraw, there is no way to audit these funds, there is no way to
inspect these funds, and it is an absolutely unmitigated prescription
for unparalleled fraud.
It has got to stop, and today and tonight is the time to put an end
to it. That is why I am offering my amendment here to stop any funds
from going to this Afghan reconstruction fund.
Mr. VISCLOSKY. Will the gentleman yield?
Mr. NOLAN. I yield to the gentleman from Indiana.
Mr. VISCLOSKY. I appreciate the point that the gentleman is raising
and certainly would associate myself with his remarks. I do believe it
will be acceptable to the committee.
Mr. NOLAN. I thank the gentleman.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Minnesota (Mr. Nolan).
The amendment was agreed to.

Amendment Offered by Mrs. Miller of Michigan

Mrs. MILLER of Michigan. Mr. Chairman, I have an amendment at the
desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:

At the end of the bill (before the short title), insert the
following:
Sec. 10002. None of the funds made available by this Act
may be used to divest, retire, transfer, or place in storage,
or prepare to divest, retire, transfer, or place in storage,
any A-10 aircraft, or to disestablish any units of the active
or reserve component associated with such aircraft.

The Acting CHAIR. Pursuant to House Resolution 628, the gentlewoman
from Michigan and a Member opposed each will control 5 minutes.
The Chair recognizes the gentlewoman from Michigan.
Mrs. MILLER of Michigan. Mr. Chairman, I offer this amendment because
I stand shoulder to shoulder with the troops on the ground, any one of
whom will tell you that the champion workhorse aircraft in theater in
both Iraq and Afghanistan has been the A-10.
Now, it might be an old airplane, but I will tell you it has been
proven to be ideally suited for its mission. It is lethal, it is
incredibly effective, and when our troops on the ground, Mr. Chairman,
hear it coming, they know what it means. But guess what? So does our
enemy, because they know pain is coming their way.
The Air Force wants to save money, but they don't have an adequate
follow-on at this time. And with what is happening in Iraq and the
Middle East, eliminating the A-10 is the absolutely wrong move. Army
Chief of Staff General Odierno says that the A-10 is the best close air
support aircraft, and I agree, and, most importantly, so do our brave
men and women on the ground.
The A-10s were authorized in both the House and Senate Armed Services
Committee, and I urge my colleagues to continue their support and vote
``yes'' on this amendment.
Mr. Chairman, at this time, I am pleased to yield 2 minutes to the
gentleman from Arizona (Mr. Barber), the cosponsor of this amendment.
Mr. BARBER. I thank Congresswoman Miller.
Mr. Chairman, I rise today to offer this important bipartisan
amendment with my colleague from Michigan and the support of our
colleagues from Illinois, from Georgia, Arizona, Missouri, and Hawaii.
Our amendment would protect the A-10 Thunderbolt and keep it flying so
it can continue to supply support to our troops who are on the ground.
Last month, I introduced in the House Armed Services Committee an
amendment that received an overwhelming, bipartisan vote in favor of
keeping the A-10 flying for FY15. This amendment passed also with
overwhelming support in committee and on the House floor. It is now a
part of the House version of the National Defense Authorization Act,
and, I might add, of the one that is going to be coming out of the
Senate.
And now, the House, I believe, wants to ensure, once again, that the
A-10 is protected because it protects our troops. Our troops deserve
the best close air support that we can provide, and there is no better
close air support than the A-10.
When I talk to soldiers who come home from Iraq and Afghanistan who
work in my district at Fort Huachuca, they have said over and over
again, keep the A-10 flying. I was in Afghanistan 2 months ago, and
marines and Army personnel on the ground said:

When you go back to the Congress, keep the A-10 flying. It
is the best close air support we can have.

There is no other fixed-wing aircraft that is as proficient as the A-
10 in operating in rugged environments while providing the most
effective close air support available. With no other aircraft available
and capable of taking its place with our men and women still in combat,
we simply cannot allow the A-10 to be grounded. We also cannot afford
to lose the knowledge and expertise of the pilots that fly this
aircraft, like those who are stationed in my home district at Davis-
Monthan Air Force Base.
Mr. Chairman, this is a commonsense amendment. I urge my colleagues
to support it, as we did in the National Defense Authorization Act, for
our national security and for our men and women on the ground.
Mrs. MILLER of Michigan. Mr. Chairman, I would yield at this time 30
seconds to the gentleman from Georgia (Mr. Austin Scott).
Mr. AUSTIN SCOTT of Georgia. Mr. Chairman, I rise in support of this
amendment to preserve the A-10 Warthog, as well. This is the most
effective, cost-efficient aircraft that we have for the missions that
we are engaged in right now.

[[Page H5486]]

Our men and women who are out there in harm's way deserve to have
this aircraft flying above them and protecting them. Our enemies run in
fear from it, and, quite honestly, I think it is the best money we can
spend in protecting our troops while they are on the ground.
The A-10 Warthog is the most effective aircraft for close air
support. We need it for the missions we are in now, and we are going to
need it for the missions tomorrow.
Mrs. MILLER of Michigan. Mr. Chairman, at this time, I yield 1 minute
to the gentleman from Utah (Mr. Stewart) who has very personal
experience with the ability of the A-10.
Mr. STEWART. Mr. Chairman, I would like to thank the gentlewoman for
giving me 1 minute to speak on this.
I was an Air Force pilot for 14 years. I flew for 7 years as a combat
rescue helicopter pilot. We flew and exercised with the A-10s all the
time. I also flew for 7 years the B-1. We were tasked with this mission
of close air support. I am not here because I have A-10s in my
district. I am here because I realize what an invaluable resource this
is.
Close air support is an incredibly delicate and unforgiving mission.
If you hit the wrong bridge, people will forgive you. If you frag your
own troops, you will never forgive yourself. It is best done by an
aircraft that is low and slow, that has superb communications and
superb visibility.
There is nothing that is as good as the A-10 is in this mission. I
know that from my own experience. That is why I rise and stand in
support of this very important amendment.
Mrs. MILLER of Michigan. Mr. Chairman, I would urge all of our
colleagues to join us in supporting our troops by supporting this
amendment, and I would say before you vote ``yes'' or ``no,'' speak to
those who have actually fought in combat on the ground in the battle
zones of Iraq and Afghanistan, and I am very confident that the message
you will hear from them will be the same message that all of us have
gotten, and that is to keep the A-10 flying.
Mr. Chairman, I yield back the balance of my time.
Mr. FRELINGHUYSEN. Mr. Chairman, I rise in opposition to the
amendment.
The Acting CHAIR. The gentleman from New Jersey is recognized for 5
minutes.
Mr. FRELINGHUYSEN. Mr. Chairman, let me stipulate at the onset that
the A-10 Thunderbolt is a tremendous aircraft. We have heard it from
somebody who piloted one, and certainly we are listening to our
colleagues from the respective States that have A-10s, and they could
testify, as I am sure others can, as to their value. But close air
support is also provided--actually 80 percent--by other aircraft, and
that has been true since 2008.
The Air Force itself has recommended the retirement of the entire
fleet. It is not going to happen overnight. It is not going to happen
by 2019. At some point in time it is going to happen because this is
not about saving millions of dollars, this is about saving billions of
dollars--nearly $4 billion. And the money that we will save will allow
us to procure the next generation of aircraft.

{time} 2000

I understand the desire to keep an aircraft that has been doing
incredible work for 30 or 40 years, but it is time we look to the
future and make that investment.
I am pleased to yield to the ranking member, the gentleman from
Indiana (Mr. Visclosky).
Mr. VISCLOSKY. I appreciate the chairman yielding and would also add
my comments that the A-10 is a wonderful aircraft. The B-17 Flying
Fortress was a wonderful aircraft. It was replaced. The Kiowa Warrior
was indispensable during Vietnam. It is being replaced.
The A-10 is being replaced over a protracted period of time. In the
interim, other aircraft are going to take its place until the F-35 is
prepared to do its mission.
The second point I would make is that the Chief of Staff for the Air
Force flew the A-10. It is their recommendation to phase this plane
out. The Air Force has also stated to the committee that, if given
another $4.3 billion, they have a whole range of other options they
would pursue before continuing the A-10 program.
The final observation I would make is that the amendment is somewhat
disingenuous, and I don't say that in a pejorative sense because I know
that is not the intent of my colleagues, but while it would sound to
our colleagues that there is no money involved in this amendment, I
would propose that I would like to find $339 million that is not in the
bill because you now need crews and you need fuel and you need
maintenance that is not in the bill because we agreed with the
administration's position.
There is another $200 million that would be required over the next
year for spares and modifications of this aircraft.
Essentially, you are leaving the committee now in a position of $600
million by simply saying no funds shall be used to terminate this
program during the coming year that aren't in the bill, and the author
of the amendment and those who support it have not shown us where that
money is going to come from in this bill.
I strongly urge my colleagues, for the reasons stated in my opening
remarks, we have to begin to make some tough decisions. There is a
finite amount of money in this bill.
Mrs. MILLER of Michigan. Will the gentleman yield?
Mr. FRELINGHUYSEN. I yield to the gentlewoman.
Mrs. MILLER of Michigan. I would just indicate that we had several
other amendments that we offered up to the committee, but we were told
there would be a point of order on those amendments, so we had offsets
articulated in those amendments, so we were looking for additional
dollars.
Mr. VISCLOSKY. Will the gentleman yield?
Mr. FRELINGHUYSEN. I yield to the gentleman from Indiana.
Mr. VISCLOSKY. I appreciate that, but the fact is there is no offset
in this amendment and the cost to the committee is $600 million that is
not in the bill. I appreciate the chairman yielding to me.
Mr. FRELINGHUYSEN. I reclaim my time, and I urge a ``no'' vote on
this amendment.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from Michigan (Mrs. Miller).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mrs. MILLER of Michigan. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentlewoman from Michigan
will be postponed.

Amendment Offered by Mr. Grayson

Mr. GRAYSON. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:

At the end of the bill (before the short title), insert the
following:
Sec.__. None of the funds made available by this Act may be
used to make aircraft (including unmanned aerial vehicles),
armored vehicles, grenade launchers, silencers, toxicological
agents (including chemical agents, biological agents, and
associated equipment), launch vehicles, guided missiles,
ballistic missiles, rockets, torpedoes, bombs, mines, or
nuclear weapons (as identified for demilitarization purposes
outlined in Department of Defense Manual 4160.28) available
to local law enforcement agencies through the Department of
Defense Excess Personal Property Program established pursuant
to section 1033 of Public Law 104-201, the `National Defense
Authorization Act For Fiscal Year 1997'.

Mr. FRELINGHUYSEN. Mr. Chairman, I reserve a point of order on the
gentleman's amendment.
The Acting CHAIR. A point of order is reserved on the amendment.
Pursuant to House Resolution 628, the gentleman from Florida and a
Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Florida.
Mr. GRAYSON. Mr. Chairman, I rise today to address a growing problem
throughout our country, the militarization of local law enforcement
agencies.
Police in our communities should be engaged in community policing.
Unfortunately, all too often, local police departments have begun to
look like

[[Page H5487]]

military units preparing for battle on America's streets.
We fight our wars abroad, not at home, and the weapons and tactics
used on our local streets should reflect that fact.
The New York Times recently reported that:

Police departments have received thousands of pieces of
camouflage and night-vision equipment and hundreds of
silencers, armored cars, and aircraft.

I think this is appalling. My amendment would prohibit the Department
of Defense from gifting excess equipment, such as aircraft--including
drones--armored vehicles, grenade launchers, silencers, bombs, and so
on to local police departments.
There is no mass rebellion brewing here in the United States. There
are no improvised explosive devices on the sides of our roads, but the
abuse of military equipment to ward off these nonexistent threats is
happening nonetheless.
So, of course, what you would expect to happen is happening. As The
New York Times article, ``War Gear Flows to Police Departments''
explains:

Police SWAT teams are now deployed tens of thousands of
times each year, increasingly for routine jobs. Masked,
heavily-armed police officers raided a nightclub in 2006 as
part of a liquor inspection. In Florida in 2010, officers in
SWAT gear and with guns drawn carried out raids on
barbershops that mostly led to charges of ``barbering without
a license.''

DOD equipment is changing the mentality of police departments
throughout our country. Recruiting videos now feature clips of officers
storming into homes with smoke grenades and firing automatic weapons
into homes, as well as clips of officers creeping through the fields in
camouflage--war camouflage. This is not policing; this is war.
One South Carolina sheriff's department now takes its new tanklike
vehicle with a mounted .50-caliber gun to schools and community events.
The department spokesman said his tank is a conversation starter. That
is not a conversation I want us to have.
I think this is wrong. The Federal Government should not be
encouraging our public servants to view America as occupied territory.
I prefer the views of Ronald Teachman, the police chief in South Bend,
Indiana.
According to that New York Times article, he decided not to request a
mine-resistant vehicle for his city of South Bend, Indiana. He said:

I go to schools, and I bring ``Green Eggs and Ham.''

Let's encourage leaders like the very appropriately named Ronald
Teachman. Let's not treat our citizens as terrorists, and let's help
our police act like the public servants they need to be.
I reserve the balance of my time.

Point of Order

Mr. FRELINGHUYSEN. Mr. Chairman, I make a point of order against the
amendment because it proposes to change existing law and constitutes
legislation in an appropriation bill and, therefore, violates clause 2
of rule XXI.
The rule states in pertinent part:
``An amendment to a general appropriation bill shall not be in order
if changing existing law.''
The amendment requires a new determination.
I ask for a ruling from the Chair.
The Acting CHAIR. Does the gentleman from Florida wish to be heard on
the point of order?
Mr. GRAYSON. Yes.
The Acting CHAIR. The gentleman from Florida is recognized.
Mr. GRAYSON. There is no new determination out of this amendment. I
call your attention to the specific language here. It says:

None of the funds made available in this act may be used to
make aircraft (including unmanned aerial vehicles), armored
vehicles, grenade launchers, silencers, toxicological agents
(including chemical agents, biological agents, and associated
equipment), launch vehicles, guided missiles, ballistic
missiles, rockets, torpedoes, bombs, mines, or nuclear
weapons (as identified for demilitarization purposes outlined
in Department of Defense Manual 4160.28).

In other words, all the terms that I just described are as identified
for demilitarization purposes as outlined in Department of Defense
Manual 4160.28. Since they are in the Department of Defense Manual
4160.28, they require no new determination of law.
I will continue:

Available to local law enforcement agencies through the
Department of Defense Excess Personal Property Program.

Again, local enforcement agencies is a defined term under statute.
The Excess Personal Property Program is established, as this amendment
indicates, pursuant to section 1033 of Public Law 104-201, the National
Defense Authorization Act for Fiscal Year 2007.
Therefore, every single term that is used here is a term defined in
law. There is no new determination to be made by anybody, including the
people who enforce this amendment.
The Acting CHAIR. Does any other Member wish to be heard on the point
of order?
If not, the Chair is prepared to rule.
The Chair finds that this amendment includes language requiring a new
determination as to the meaning of ``local law enforcement agencies''
within the context of the Department of Defense Excess Personal
Property Program.
The amendment, therefore, constitutes legislation in violation of
clause 2 of rule XXI.
The point of order is sustained, and the amendment is not in order.
Mr. FRELINGHUYSEN. Mr. Chairman, I move that the Committee do now
rise.
The motion was agreed to.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
Daines) having assumed the chair, Mr. Collins of Georgia, Acting Chair
of the Committee of the Whole House on the state of the Union, reported
that that Committee, having had under consideration the bill (H.R.
4870) making appropriations for the Department of Defense for the
fiscal year ending September 30, 2015, and for other purposes, had come
to no resolution thereon.

____________________