Congressional Record, Volume 161 Issue 92 (Wednesday, June 10, 2015)

[Congressional Record Volume 161, Number 92 (Wednesday, June 10, 2015)]
[House]
[Pages H4040-H4105]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2016

General Leave

Mr. FRELINGHUYSEN. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days in which to revise and extend their
remarks and to include extraneous material on H.R. 2685 and that I may
include tabular material on the same.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New Jersey?
There was no objection.
The SPEAKER pro tempore. Pursuant to House Resolution 303 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the state of the Union for the consideration of the bill, H.R. 2685.
The Chair appoints the gentleman from Texas (Mr. Poe) to preside over
the Committee of the Whole.

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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 consideration of the bill
(H.R. 2685) making appropriations for the Department of Defense for the
fiscal year ending September 30, 2016, and for other purposes, with Mr.
Poe in the chair.
The Clerk read the title of the bill.
The CHAIR. Pursuant to the rule, the bill is considered read the
first time.
The gentleman from New Jersey (Mr. Frelinghuysen) and the gentleman
from Indiana (Mr. Visclosky) each will control 30 minutes.
The Chair recognizes the gentleman from New Jersey.
Mr. FRELINGHUYSEN. Mr. Chairman, I yield myself such time as I may
consume.
As I rise to present the House Appropriations Committee's
recommendation for the fiscal year 2016 Department of Defense
Appropriations bill, there are nearly 200,000 servicemen and -women
serving abroad, doing the work of freedom on every continent, and there
are many more at home who are serving in every one of our States--
Active, Guard and Reserve--all volunteers. We are grateful to them and
their families.
They are certainly not all experts in some of the language and terms
that will be part of our vocabulary during this debate over the next 24
hours--phrases like ``sequester'' and ``continuing resolution,''
``Budget Control Act,'' ``overseas contingency account,'' and the
``global war on terrorism account''--but they have every expectation
that they will have our united, bipartisan support for this bill
whether they serve aboard a ship, fly through airspace, or provide
overwatch on land to support a military mission. This legislation was
developed after 12 hearings, many briefings, travel to the Middle East
and Europe, and countless staff hours, with those who serve us,
military and civilian, very much in mind.
This is a product of a very bipartisan and cooperative effort, for
which I thank my good friend, the ranking member, Pete Visclosky. It
has been a pleasure to work with him. We are both fortunate to have
committee members who are engaged and committed so much to this
product. We are grateful for the support of Chairman Rogers and Ranking
Member Lowey.
In total, the bill provides just over $578 billion in discretionary
spending, an increase of $24.4 billion over the fiscal year 2015
enacted level. This topline includes $88.4 billion in the global war on
terrorism funding for war efforts, and it is at the level assumed in
the House-Senate budget conference agreement. I would point out that
our House total is very close to the number President Obama submitted
in his fiscal year 2016 budget request for national defense. Of course,
the base funding recommendation is just over $490 billion, which
reflects the budget caps enacted in 2011 as part of the Budget Control
Act, signed by President Obama.
To reach our reduced allocation, we reviewed in detail the
President's submission and found areas and programs where reductions
were possible without harming military operations, warfighter
readiness, or critical modernization efforts. Please be assured we made
every dollar count. To do so, we have taken reductions from programs
that have been restructured or terminated, subject to contract or
schedule delays, contain unjustified cost increases or funding
requested ahead of need, or because of historical underexecution and
rescissions of unneeded funds.
Of course, our bill keeps faith with our troops and their families by
including a 2.3 percent pay increase, a full percentage above the
President's own request. It also provides general funding to their
benefits and critical defense health programs. In another key area,
this package contains robust funding to counter serious worldwide cyber
threats--now an everyday occurrence.
But I think we would all agree that the world is a much more
dangerous, unstable, and unpredictable place than it was in 2011 when
the Budget Control Act was signed into law by President Obama. The
budget caps developed back then could never have envisioned the
emerging and evolving threats that we are seeing today in the Middle
East, North Africa, Asia, Eastern Europe, and elsewhere.
So, to respond to current and future threats and to meet our
constitutional responsibilities to provide for the common defense, we
developed, in a bipartisan way, a bill that adheres to the current law
and provides additional resources to end catastrophic cuts to military
programs and people. These additional resources are included in title
IX, the global war on terrorism account. That account has been
carefully vetted to assure its war-related uses.
Our subcommittee scrubbed the President's base budget for this year
and past budget requests, and it has identified those systems and
programs that are absolutely connected to our ongoing fight against
threats presented by ISIL, al Qaeda, al-Nusrah, the Khorasan Group,
Boko Haram, and other radical terrorist organizations, including the
Iranian Quds Force.
We also projected what resources the military and intelligence
community will need to meet ongoing challenges of nation-state
aggressors like Russia, China, Iran, North Korea, and others. Not
surprisingly, we have heard objections about the use of title IX to
boost our topline national security spending in this bill. Frankly, I
do not believe there is anyone on either side of the Capitol who
believes this should be our first go-to option. Rather, it is a process
we undertake as a last resort to make sure our troops can answer the
call amid a worsening threat environment around the world.
Again, we have been very careful about what went into this global war
on terrorism account. We resisted the temptation to simply transfer
large portions of the base bill's operations and maintenance accounts
into the global war on terrorism account. We painstakingly worked to
provide needed resources for the preparation of our forces in the field
whenever a crisis may exist or develop in the future, like the current
unfolding disaster which is Iraq.
In a recent Statement of Administration Policy, the White House
asserted that the global war on terrorism funding--the old OCO account,
the overseas contingency account--in their words is a ``funding
mechanism intended to pay for wars.'' I could not agree more, and that
is why we enforce that account to provide President Obama with the
funding resources he needs to lead us as Commander in Chief. Within
that

[[Page H4041]]

account, I want to highlight two areas of critical importance--ISR and
readiness.
We believe that a strong intelligence, surveillance, and
reconnaissance--ISR--capability is a critical component of the global
war on terror; yet a succession of combatant commanders has testified
before our committee that only a fraction of their ISR requirements is
being met, in essence, leaving them blind to the enemy's activities,
movements, and intentions. Accordingly, the global war on terrorism
account contains an additional $500 million above the President's 2016
request to improve our ISR capabilities: the procurement of additional
ISR aircraft and ground stations, the training of ISR pilots and other
personnel, and the processing of that type of derived data.
Likewise, we share the concern of the Army, Air Force, and Marines
about the overall erosion of readiness in the force. So, to begin to
reinvest in readiness, title IX includes an additional $2.5 billion
above the President's request for this purpose to be distributed to all
of our services and to the Guard and Reserves. I would add that this
sum must be detailed and justified to Congress 30 days before it is
spent.
Again, this bill is structured to give the President the tools he
needs to act. For example, when he finally does develop a long-awaited,
complete, and comprehensive strategy to combat ISIL and other terrorist
groups, we have provided in this bill the resources he will need to
execute his plans. I think we would all agree that America must lead,
and this bill enables leadership.
Mr. Chairman, I will allow myself a closing thought:
The Washington Post recently editorialized on the defense
authorization bill: ``There isn't much bipartisan governance left in
Washington, but if anything fits that description, it's probably the
annual defense bill.''
Mr. Chairman, this bill deserves bipartisan support, and after many
hours of productive debate, I look forward to a bipartisan vote. Our
troops deserve it. Our national security requires it. Our adversaries
need to see it.
I reserve the balance of my time.

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[[Page H4051]]

Mr. VISCLOSKY. Mr. Chairman, I yield myself such time as I may
consume.
I would like to begin by expressing my appreciation to my good
friend, Chairman Frelinghuysen, and to congratulate him on the
collegial and the transparent manner in which he has crafted this
legislation.
I also want to express my sincere appreciation for the efforts of
Chairman Hal Rogers, Ranking Member Nita Lowey, and of all the members
of the Defense Subcommittee.
This bill, obviously, could not have been written without the
dedication, long hours, discerning judgment, and thoughtful input of
our committee staff and personal staffs. I thank them very much.
The chairman has fully and fairly described the bill we are
considering today. I believe he has accurately described the very
dangerous and unpredictable world in which we live. As such, I will
enter my detailed comments on the bill for the Record. Instead, I want
to use my time during general debate to discuss the albatross around
Congress' neck--the Budget Control Act of 2011.
Despite near universal disdain and plenty of buyer's remorse from the
187 current House Members who voted in favor of the Budget Control Act,
it has proven to be an extremely resilient--yet utterly ineffective--
piece of law. We have seen short postponements of sequestration. We
have seen 2-year alleviations of the budget caps. Yet we find ourselves
nearly 5 years since its enactment far from the consensus needed to
repeal the law. Further, the continued halfhearted attempts to fix the
Budget Control Act are almost as detrimental to the law, itself, as
they add to the Nation's uncertainty.
Additionally, it is becoming increasingly difficult to point to any
positive changes in our fiscal situation as a result. While intended to
reduce the budget deficit through spending limits and reductions, our
national debt has increased by 24.5 percent since the enactment of the
legislation, mainly because the committees that are not truly
constrained by discretionary spending caps continue to push politically
popular legislation with little regard for its impact on the Federal
budget.
For example, in April of this year, Congress passed legislation that
permanently fixed the longstanding issues with Medicare's payment rates
for physician services. According to the Congressional Budget Office,
this fix will result in a $141 billion increase in Federal budget
deficits over the next 10 years; yet the measure sailed through both
Houses of Congress with very little opposition, and it was greeted by a
cheerful signing statement at the White House. After 17 temporary
measures, it is clear that a permanent doctor fix was long overdue.
However, I believe it illustrates my larger point that we are nowhere
close to having a sincere conversation about our deficits while
nondiscretionary spending and a lack of revenue continue to, largely,
get a free pass.
Until the President and Congress stop whistling past the graveyard
and confront the continued growth and mandatory spending, while
simultaneously increasing revenues, our committee--the Appropriations
Committee--has no choice but to carry out the implausible mandate
contained in the Budget Control Act and try to control deficits with
jurisdiction over only 34 percent of one half of the Federal Ledger.
It does not help, I fear, that a majority of our colleagues have no
idea when the fiscal year starts except that that is when you shut the
government down. I despair that most think continuing resolutions are
the norm and that sequestration is not all that bad, and that there is
some delight every time a civilian Federal employee is furloughed. To
me, all are symptoms of failure.

{time} 1600

The time we have caused people to waste by not finishing Congress'
work on time, enacting innumerable continuing resolutions, and
vacillating from one top line to another is deplorable. Whether it is a
Federal agency, a State, other political subdivisions, a nonprofit
organization, contractors, or an allied nation all have been less
efficient in recent years because of the constant uncertainty
surrounding the Federal Government's finances.
To illustrate, in nearly every fiscal year since the Budget Control
Act's enactment, there have been attempts to alter the caps on defense
and nondefense spending. Two years ago, the House and Senate had
allocations that were $91 billion apart, yet the suballocation for
defense was only about $4 billion as far as a difference. Both were in
excess of the caps. Needless to say, we ended up at a point somewhere
between the two, but only after we wasted an incredible amount of time,
and shut down the Federal Government.
While not a mirror image of 2 years ago, the fiscal year 2016 process
is careening toward a similar fate. This fiscal year, the President got
the process started by submitting a budget request that did not comply
with the limitations mandated by the Budget Control Act across all
budgeted fiscal years. The majority party's response to the President
was to pass a budget resolution that purports to abide by the caps for
fiscal year 2016 for defense and nondefense discretionary spending, yet
evades the defense cap by proposing $38 billion above the President's
budget request for overseas contingency operations--for purposes of
this act, the global war on terror. Despite the objections of the
Secretary of Defense, this additional funding was further entrenched by
the recently passed fiscal year 2016 National Defense Authorization
Act.
There is no question that Presidents Bush and Obama, the Department
of Defense, and Congress have been complicit since 2001 in using
emergency war funding to resource enduring requirements for the
military. For the past few years, despite the constraints of the Budget
Control Act, the Defense Subcommittee, led by my good friend Chairman
Frelinghuysen, has begun to make strides in limiting what is an
eligible expense for OCO and shift activities to the base budget; and
he is doing exactly the right thing. This was done because it is
increasingly difficult, after 14 years, to argue that this operational
tempo for our military is a contingency and not the new normal in
defending our great Nation and our interests.
Needless to say, I find the increased reliance on contingency funding
very troubling--and not because I object to providing additional funds
for the Department of Defense. I agree with the Department, and I agree
with the chairman that sticking to the caps for defense spending would
necessitate our forces assuming unreasonable risk in carrying out our
national defense strategy.
But at the same time, Mr. Chairman, we need a strong nation as well
as a strong defense. We cannot continue to let our country deteriorate,
with interstate bridges that collapse and kill our citizens, meaningful
scientific research that atrophies, and a population whose educational
attainment falls further and further behind.
Looking ahead, only the most Pollyannaish among us fails to see that
we will be in the throes of another crisis in December. Our time, our
staff's time, Congress' time, the country's time should not be wasted
any longer. The President of the United States and the leaders of both
parties of both Houses ought to start meaningful negotiations now so
that they can conclude before October 1 to allow this great committee,
the Committee on Appropriations, to again do the business of the
country in an orderly, thoughtful, and timely fashion.
I stress, this is not an issue of process. Congress should not be
searching for ways to alter the process in order to avoid making hard
decisions on an annual basis. This is a matter of will, and we need to
use the power of the purse to its fullest.
I expressed a number of concerns, but I would close, relative to the
legislation before us, given the constraints that this committee faces,
by observing that Chairman Frelinghuysen and the subcommittee have done
an exceptional job in putting this bill together. In particular, the
chairman has been meticulous with the $37.5 billion added to title IX
of this bill. He has avoided the easy path. Rather, he has
painstakingly worked to provide the needed resources for the
preparation of our forces in the field. Further, the chair was very
thoughtful in his construction of the base portion of the bill, and

[[Page H4052]]

I believe it and the report provide the stability needed for our
military personnel--as the chairman emphasized, its readiness--and it
preserves our industrial base.
I close by indicating I look forward to the debates on the
amendments.
I reserve the balance of my time.
Mr. FRELINGHUYSEN. Mr. Chairman, I yield 5 minutes to the gentleman
from Kentucky (Mr. Rogers), the chairman of the full committee.
Mr. ROGERS of Kentucky. I thank the chairman for yielding.
Mr. Chairman, I rise in support of this Defense Appropriations bill.
The demands on our military are high. We are confronted with
escalating Russian and Chinese aggression, threats from ISIL and other
Islamic terrorist groups, burgeoning nuclear programs in countries like
North Korea, and ongoing war in Syria, Yemen, Libya, and other places.
We just don't know what may sprout up next.
But in the face of this uncertainty, we can ensure that our military
forces are ready and able to meet whatever challenges may arise. We can
make very sure that our troops and commanders have the tools and
support that they need to protect this great Nation and our way of
life.
To this end, the bill provides $578.6 billion in discretionary
funding. That is $24.4 billion above last year's level and includes
$88.4 billion to ensure that we can meet the needs of our military as
they fight the global war on terrorism.
This level of funding complies with the caps set by the Budget
Control Act, as well as the House-passed Defense Authorization bill.
Within this total, the bill prioritizes military readiness, providing
$219 billion for operation and maintenance programs that keep our
troops trained and prepared to respond quickly and decisively.
The bill also provides priority funding to ensure that our Armed
Forces are supplied with the equipment and the weapons that they need
to conduct successful military operations.
Mr. Chairman, our military is the best in the world, and this bill
ensures that it stays that way. We invest $67.9 billion in research and
development that will keep us on the cutting edge of defense technology
and enable us to meet a wide range of future threats to our security.
But our military is nothing without the brave men and women in
uniform who sacrifice so much in their service to this Nation. We must
keep morale high and provide for the health and well-being of our
warfighters and their families. So the bill includes a 2.3 percent pay
raise for our troops. That is more than the President requested.
The bill contains $31.7 billion for the Defense Health Program to
meet all estimated needs this year. This funding includes important
increases above the President's request for things like cancer
research, traumatic brain injury and psychological health research, and
suicide prevention outreach.
I am proud, Mr. Chairman, that this appropriations bill accomplishes
all of this but also takes important steps to streamline spending at
the Pentagon, ensuring that no dollar goes to waste and that we live
within our means.
I want to thank Chairman Frelinghuysen and his subcommittee staff and
members and his very trusted ranking member for their good bipartisan
teamwork on this bill. The chairman and ranking member demonstrated
ironclad commitment to our troops and to the security of this Nation
with this bill. I would also like to acknowledge the hard-working
staff, Mr. Chairman. They spent many, many hours preparing this bill
for consideration by us today.
Mr. Chairman, above all else--above all else--we must provide for the
national defense of the United States. Nothing can exist--not our
domestic government, not our private enterprise, not our freedoms--
without ensuring that that basic need is met.
Our national security is far too important to fall victim to
political games. We can't risk having an underfunded military during
these uncertain times, and our troops deserve unfailing, unanimous
support as they lay their lives on the line. No political games on this
bill, Mr. Chairman. This is for real.
I urge Members to support this bill. These are bipartisan priorities
addressed in a bipartisan way, and I want to see that our colleagues
send a strong message to our military showing our support and our
willingness to sacrifice for them. I urge support of this bill on this
floor.
Mr. VISCLOSKY. Mr. Chairman, I yield 4 minutes to the gentlewoman
from New York (Mrs. Lowey), the ranking member of the full committee.
Mrs. LOWEY. Mr. Chair, I would like to thank Chairman Frelinghuysen,
Ranking Member Visclosky, and Chairman Rogers for their efforts. I
particularly want to thank Chairman Frelinghuysen and Ranking Member
Visclosky for working in such a cooperative manner.
However, the two parties remain very far apart in their approach to
the appropriations process. Our differences were plainly evident during
consideration of the fiscal year 2016 budget resolution. Not one of my
Democratic colleagues supported the majority's budget because it
maintained sequestration levels. As the President said: the majority
has returned our economy to the same top-down economics that has failed
us before and slashes investments in the middle class that we need to
grow the economy.
During debate on the previous five appropriations bills, my majority
colleagues argued strenuously that allocations at the sequester level
were nonnegotiable. They argued our committee was hamstrung by the
Budget Control Act and that we were powerless to renegotiate another
sequester relief package, as had been done under the Murray-Ryan
agreement 2 years ago. At the same time, others on our committee told
the press that ``pressure would build'' to address sequestration or
pass a continuing resolution because sequester-level bills cannot be
enacted.
The Defense bill before us appears to be operating under a different
set of rules, with funding over the magical sequester level, a level we
were told was the law of the land. It was not cut below the President's
request, as were all the other nondefense bills. By using $38 billion
in overseas contingency operations funding to plug the hole created by
the budget caps, this bill fully funds defense programs and avoids the
inadequacies facing the other bills.
Let me be very, very clear. I am not making a case that the Defense
bill is too high or advocating that it should be reduced. We live in a
very dangerous world. We need to attend to our defense, but we should
do so in a responsible fashion.

{time} 1615

Our military leaders have discouraged the use of the overseas
contingency operations/global war on terror budget to fund regular
defense costs. They contend that doing so undermines the Defense
Department's ability to plan over the long term. Funding $38 billion of
the Pentagon's regular base budget activities with war funds creates
future-year budget caps that would be difficult to fill.
This practice irresponsibly addresses only one of the budget
imperatives, creating clear losers in most of the other appropriation
bills.
If this bill were to move forward as is, I fear my majority
colleagues would mentally move on; the urgency facing the entire
appropriations process would fade because we have ``taken care of'' our
national security needs.
That, my friends, is a dangerous strategy, especially given that we
know none of these bills are likely to be signed into law by the
President as they are currently written.
The Acting CHAIR (Mr. Rodney Davis of Illinois). The time of the
gentlewoman has expired.
Mr. VISCLOSKY. I yield the gentlewoman from New York (Mrs. Lowey) an
additional 1 minute.
Mrs. LOWEY. We can deal with that fact now or deal with it again over
the holidays, but we are going to have to deal with it.
Members of the armed services and their families live in every one of
our communities. They drive on crowded highways and over crumbling
bridges. Most of them send their kids to public schools.
These families expect the meat and products they buy to be safe and
the airplanes in which they fly to be protected. If they should ever
get sick, they need to have the biomedical research in place so that
safe and effective treatments are available to them.

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These are reasonable expectations. What is not reasonable is to put
forward several annual spending bills that mindlessly cut these
priorities simply because we can't agree on a reasonable budget.
National security and economic strength are inextricably linked.
Let's get back to the table and set realistic spending caps to provide
what is needed both for our national security and to create jobs,
improve infrastructure, fund biomedical research, and grow the economy.
Let's get together. Let's vote ``no'' on this bill and move on.
Mr. VISCLOSKY. Mr. Chairman, how much time remains on each side?
The Acting CHAIR. The gentleman from New Jersey has 15\1/2\ minutes
remaining, and the gentleman from Indiana has 14\1/2\ minutes
remaining.
Mr. FRELINGHUYSEN. Mr. Chairman, I am pleased to yield 2 minutes to
the gentleman from Florida (Mr. Crenshaw), a member of the Defense
Appropriations Committee and a member of my subcommittee.
Mr. CRENSHAW. I thank Chairman Frelinghuysen for yielding.
I want to say a special word of thanks to Chairman Frelinghuysen and
Ranking Member Visclosky for the hard work they have put into bringing
the bill before us today. I think, arguably, this is the most important
issue we face every year.
Last year, I pointed out the fact that I think the number one
responsibility of the Federal Government is to protect American lives,
and we work to do that every day. We talked about the fact that the
best way to keep America safe is to keep America strong. I think that,
if you look back, here we are a year later, and not much has changed.
National security is still a critical element of what we do here.
Back home in northeast Florida, the constituents that I represent are
greatly concerned about national security. They are greatly concerned
about the men and women in uniform and greatly concerned that they will
have the necessary resources to accomplish their mission successfully
and return home safely.
They are also concerned that we don't get caught up in the politics
of the moment and lose sight of the fact that we have a constitutional
responsibility to provide for the common defense.
I just want to say in closing, Mr. Chairman, that, when we look at
the ever-increasing dangerous world that we live in, I think we have to
meet these challenges head on.
I want to remind my colleagues that most of everything that we have
accomplished as a great nation, we have accomplished with the
foundation built on national security. This bill moves us forward down
that path.
I urge my colleagues to support this bill.
Mr. VISCLOSKY. Mr. Chairman, I yield 2 minutes to the gentlewoman
from Ohio (Ms. Kaptur), a member of the subcommittee.
Ms. KAPTUR. Mr. Chairman, I rise in reluctant opposition to this
bill.
Please allow me to acknowledge the tremendous work of Chairman
Frelinghuysen, Ranking Member Visclosky, and the Appropriations staff
in moving this Defense bill forward.
This bill deserves better treatment by the leadership of this House
than to have it cloaked in unfinished budget wrangling that could force
future changes harmful to the defense of our Nation.
The bill before us funds key priorities, such as assuring the
strongest, most agile and resilient military on Earth; securing base
and operational independence through energy innovation; improving
defense health for the lives of our military and civilian forces;
advancing cutting-edge research at our defense labs to improve
efficiency on the battlefield and drive technology transfer to the
private sector to grow our economy; and maintaining and upgrading
essential defense facilities across our Nation and globe.
Moving forward, our Nation must still address lingering veteran
unemployment of over half a million Americans, according to the Bureau
of Labor Statistics. A majority are 45 years of age or older, but over
200,000 are between the ages of 18 and 44.
The capabilities of our National Guard can be leveraged to address
this imperative, engaging their talents to meet domestic needs.
Globally, too, as leader of the free world, the United States holds a
special responsibility to uphold commitments made in the Budapest
Memorandum to Ukraine and our allies in Central Europe. This was
recently reaffirmed by President Obama and German Chancellor Merkel at
the G7 summit.
A threat to liberty anywhere is a threat to liberty everywhere.
Russia's invasion of Ukraine cannot be tolerated. Tough sanctions on
Russia and enforcement of the Ukraine Freedom Support Act lay the base
for liberty's advance.
Those Members who in good conscience ultimately will vote ``no'' on
this measure will do so to fight for a responsible budget plan that not
only meets the needs of our men and women in unform, but builds up the
Nation and citizenry they are fighting to protect.
Mr. FRELINGHUYSEN. Mr. Chairman, I yield to the gentleman from
Mississippi (Mr. Palazzo), a member of the Appropriation Committee, for
the purpose of a colloquy.
Mr. PALAZZO. Chairman Frelinghuysen, I would like to thank you and
your staff for all your hard work in crafting this Defense
Appropriations bill.
As a marine veteran, a current member of the Mississippi National
Guard, and a former member of the House Armed Services Committee, I
fully understand the importance of this legislation.
Mr. Chairman, as you well know, the United States Navy and Marine
Corps are the Nation's forward-deployed, fast-response force in times
of crisis. The ability to respond to all types of conflict, as well as
humanitarian assistance and disaster relief, is what separates the
United States Navy and the Marine Corps team from the rest of the
world.
However, as a result of declining resources, the Navy has struggled
to reach its own stated goal of 306 ships. A not-insignificant portion
of this fleet consists of amphibious ships to support the requirements
of the Marine Corps.
The current number of amphibious ships in the fleet does not meet
validated national requirements to accomplish the tasks the Marine
Corps is responsible to carry out in time of war or national emergency;
this is the very Marine Corps that is tasked to be the most ready when
our Nation is the least ready.
I know this issue also concerns you, and I request your thoughts on
how we might get our Navy shipbuilding program back on track.
Mr. FRELINGHUYSEN. I thank the gentleman for his remarks and concerns
and for his own military service. I share his concern.
The gentleman is correct. The Navy has been struggling to maintain
its shipbuilding program for many years. Despite a requirement for 306
ships, the Navy's fleet has seemed to reach a plateau of about 285
ships for the last several years.
It is our responsibility to work with you and the Navy to ensure that
our sailors and marines have the finest ships and equipment this Nation
can provide.
Mr. PALAZZO. Mr. Chairman, I look forward to working closely with you
on this important issue. I can tell you I know where the finest
warships are built by the finest craftsmen, that is right there in
Mississippi's Fourth Congressional District.
I look forward to continuing to work with you on this important
issue.
Mr. FRELINGHUYSEN. I thank the gentleman for his passion and his
remarks.
I reserve the balance of my time.
Mr. VISCLOSKY. I yield 3 minutes to the gentlewoman from Minnesota
(Ms. McCollum), a member of the subcommittee.
Ms. McCOLLUM. Mr. Chair, for more than a decade, this House has been
committed to providing our troops with the body armor they need. Body
armor is essential to our deployed troops.
In order to provide our troops with modern, lightweight body armor,
the Department requires a viable industrial base to produce the body
armor and to continually work to improve it.
The fiscal year 2015 NDAA Defense Appropriations bill sustaining the
industrial base was prioritized; $80 million was appropriated to the
Army to

[[Page H4054]]

specifically sustain the industrial base for body armor.
Those FY15 funds have not been obligated, and as a result, the
industrial base for body armor is laying off workers and about to go
out of business. The Army has ignored Congress' directions and put this
industry at risk.
The FY16 Defense Appropriations report makes a commitment to body
armor, saying:

The committee encourages the Secretary of the Army to
ensure that the body armor industrial base is able to
continue to develop and manufacture more advanced body armor.

Unfortunately, the supplier of boron carbide power to make armor
plates will be out of business before this bill is enacted.
Furthermore, this bill provides zero funds for the procurement of body
armor, another blow to the industrial base.
We all share a strong commitment to our troops, fully understanding
how important body armor is to soldier protection.
To the chairman and ranking member, I would like to work with you to
ensure that the existing body armor industrial base is not driven out
of business by the Army's inability to follow directions from Congress
and mismanagement of this vital supply chain.
Mr. FRELINGHUYSEN. Mr. Chairman, I yield 1 minute to the gentleman
from Kentucky (Mr. Barr).
Mr. BARR. I thank the chairman for yielding.
I rise today to echo the concerns expressed by my colleague across
the aisle from Minnesota in concern for our Nation's warfighters and
our military base.
As you know, the FY15 NDAA authorized and the FY15 Defense
Appropriations bill provided $80 million for a body armor industrial
base initiative in the Army's operations and maintenance program.
However, the U.S. Army is not properly utilizing the appropriated funds
in the manner Congress intended.
Congress has been clear on this matter. Report language for both the
FY15 and FY16 Defense Appropriations measure demonstrates that the
importance of body armor is critical to protecting our soldiers in
combat.
Because of the Army's repurposing of these funds at odds with
congressional intent and the safety of our troops, the Army and the
U.S. body armor industry will lose the unique capability critical for
meeting high-tech U.S. lightweight body armor standards.
After the wars in Iraq and Afghanistan, we must rehabilitate and
replace used body armor to ensure the readiness and the safety of our
troops in the field if they are called to serve in another conflict.
The Acting CHAIR. The time of the gentleman has expired.
Mr. FRELINGHUYSEN. I yield the gentleman an additional 15 seconds.
Mr. BARR. If we do not act now to ensure that the body armor
industrial base is able to continue the development and manufacturing
of more advanced lightweight body armor, there will not be a capable
body armor industrial base left in the future to fund.
Mr. VISCLOSKY. Mr. Chairman, I yield 2 minutes to the gentleman from
California (Mr. Thompson) for the purpose of a colloquy.
Mr. THOMPSON of California. I thank Ranking Member Visclosky for
giving me the opportunity to discuss something that will assist in our
natural disaster response.
The Air National Guard employs advanced capabilities to assist in
civil search and rescue operations during natural disasters and is
capable of locating and rescuing people where civilian authorities
cannot.
The Air National Guard uses sophisticated technology to assist in
time-sensitive emergency operations, including the AS-4 Pod, which
includes wide-area infrared sensors optimized for survivor detection,
integrated communications, and specialized radar for maritime, flood,
and swift water recovery.
Lessons learned from Hurricane Katrina, the California wildfires, and
Superstorm Sandy highlight the need to outfit the Air National Guard
with this important capability. I hope you will consider adding this
vital piece of equipment to the list of equipment considered for
priority purchasing with the use of the National Guard and Reserve
equipment account, which is governed by this legislation.
Mr. VISCLOSKY. Will the gentleman yield?
Mr. THOMPSON of California. I yield to the gentleman from Indiana.
Mr. VISCLOSKY. I want to thank the gentleman from California for
bringing this to our attention. We look forward to working with you on
this important issue as we move forward with the legislation.

{time} 1630

Mr. FRELINGHUYSEN. Mr. Chairman, I am pleased to yield to the
gentleman from Alabama (Mr. Rogers) for the purpose of a colloquy. He
is the chairman of the Subcommittee on Strategic Forces of the Armed
Services Committee.
Mr. ROGERS of Alabama. I thank the gentleman from New Jersey, the
distinguished chairman of the Appropriations Defense Subcommittee, for
his work to bring this important bill to the floor.
Mr. Chair, this legislation includes billions of dollars to programs
that are vital to the Nation's security and the men and women who have
volunteered to serve our Nation.
However, I do have a question regarding a recommended reduction of
$61 million from the Missile Defense Agency request for the Redesigned
Kill Vehicle.
Does the gentleman share my belief that this is a critically
important program, and that it, and the 2020 goal for deployment of
this capability, are vital to a robust and reliable national missile
defense system, which is paramount to the defense of the Nation against
ever more capable adversary ballistic missiles?
Mr. FRELINGHUYSEN. Mr. Chairman, I agree with the gentleman, and I
know the gentleman from Alabama will agree that the oversight of scarce
defense dollars is important. The request for this program has spiked
significantly between fiscal years 2015 and 2016. Yet, there is no real
acquisition plan.
The Department owes us this information if we are to be responsible
stewards of these taxpayer dollars
Mr. ROGERS of Alabama. I thank the gentleman for that explanation,
and I hope he will let me know if there is anything the Subcommittee on
Strategic Forces can do to make sure that the Department knows that the
acquisition strategy needs to be delivered to the Congress without
further delay.
Can the gentleman also assure me that the deployment of the Aegis
Ashore site in Poland remains a priority of his and that its deployment
by not later than December of 2018 will not be affected by any of the
marks in the bill before the House today?
Mr. FRELINGHUYSEN. Yes, I absolutely agree with the gentleman from
Alabama that this deployment is vital to our missile defense, and the
United States should be grateful for strong allies like Poland.
Nothing in the bill today will in any way impact the one-time
deployment of the European Phased Adaptive Approach Phase III.
Mr. ROGERS of Alabama. I thank the gentleman. I look forward to
supporting the bill today and urge the House to do the same to get this
vital bill passed and to the President for his support of our men and
women in uniform.
Mr. FRELINGHUYSEN. Mr. Chair, I reserve the balance of my time.
Mr. VISCLOSKY. Mr. Chairman, if I could ask how much time remains for
both sides, please.
The Acting CHAIR. The gentleman from New Jersey has 8\3/4\ minutes
remaining. The gentleman from Indiana has 9 minutes remaining.
Mr. VISCLOSKY. I yield 2 minutes to the gentlewoman from California
(Ms. Lee), a member of the committee.
Ms. LEE. Mr. Chairman, let me thank our ranking member for yielding,
and for your tremendous leadership on this subcommittee.
I also want to thank the ranking member and our chair for including
report language on the Department of Defense's efforts to achieve
auditability by the end of fiscal 2017.
Ensuring that the Pentagon is auditable is common sense, and it is
something that Congress mandated, mind you, 25 years ago. It is long
past time to address the culture of unlimited spending and zero
accountability at the Pentagon, and I know this issue has strong
bipartisan support.

[[Page H4055]]

Yet, there are many provisions of this bill which I cannot support.
The appropriations bill includes an additional $38 billion over budget
caps in the overseas contingency operations slush fund, and that is
what it is; it is a slush fund. This is simply outrageous and this
fund, quite frankly, in my opinion, it should be eliminated.
We should have transparency, and the public should know how much it
is costing to fight these wars.
This bill also includes $1.3 billion for DOD operations against the
Islamic State of Iraq and Levant. Mr. Chair, it has been 10 months
since the war started and 4 months since the President submitted his
draft authorization to Congress, and Congress has yet to act. Now we
see additional troops being sent into this war zone. Again, no
congressional debate, no vote.
Congress cannot continue to fund a war--and that is what this is--
without a robust debate on an ISIL-specific authorization. That is why
I offered an amendment in committee, which was adopted on a bipartisan
basis, that simply reaffirms that Congress has a constitutional duty to
debate and determine whether or not to authorize the use of military
force.
It is also why I am offering two amendments to this bill that would
prohibit funding for the 2001 and 2002 authorizations for the use of
military force. With these authorizations still on the books, Congress
is allowing this President--and any President really--to wage war
against anyone, at any time, anywhere.
I hope we defeat this bill because we have got to stop this policy of
endless wars.
Mr. FRELINGHUYSEN. Mr. Chairman, I yield to the gentleman from
Alabama (Mr. Rogers), the distinguished chairman of the Strategic
Forces Subcommittee, for the purpose of a colloquy.
Mr. ROGERS of Alabama. I thank the distinguished gentleman from New
Jersey for yielding.
Mr. Chairman, first I would like to express my support for the fiscal
year 2016 Defense Appropriations bill and my appreciation for the hard
work of the chairman in drafting this very good bill, which will
provide essential funding to our national security.
However, I have a serious concern with the proposed reduction of
funding in this bill for an existing weather collection satellite
called the Defense Meteorological Satellite Program, or DMSP.
As early as 2017, our military is facing a critical capability gap in
the Department of Defense's two highest priority weather requirements.
As the Air Force continues to work through its plan for addressing
weather requirements, launching DMSP will help address these issues.
Much has been spent on DMSP already, and it would be a shame to waste
those dollars when the satellite could be put to good use.
Mr. Chairman, I agree with you that the Air Force has not properly
managed the space weather program, and they must submit a better plan.
However, I ask for your support in working with me in conference to
ensure that our military and intelligence professionals have the tools
they need to safely prosecute our missions.
Mr. FRELINGHUYSEN. I yield to the gentleman from Oklahoma (Mr.
Bridenstine).
Mr. BRIDENSTINE. Thank you, Mr. Chairman. And congratulations on
producing a very good bill that will provide the necessary funding to
properly defend our Nation.
And let me express my appreciation for providing $26 million in your
bill to fund an Air Force pilot program for the acquisition of
commercial SATCOM services.

Aligned with the House-passed fiscal year 2016 NDAA, the program has
the potential to lower costs and increase utilization of commercial
satellites.
Mr. Chairman, thank you for giving me the opportunity to discuss
military satellite communications, or SATCOM. As you are aware, the
demand for SATCOM has increased by a factor of 10 since the outset of
our simultaneous commitments in Iraq and Afghanistan, and it continues
to grow.
Further, the need for protection against jamming, spoofing, and other
interference has also increased as our adversaries deploy more
sophisticated countermeasures to deny and degrade communications to our
warfighters.
The government-owned, government-operated SATCOM system, Wideband
Global Satellite Communications System, or WGS, cannot keep up with
demand--not even close. As a result, the Air Force has sought less
expensive, more protected SATCOM solutions from the commercial sector
to augment national capabilities.
Mr. Chairman, the military needs more SATCOM capacity, and it needs
SATCOM that is better protected. Congress can help by restoring $32.8
million for development and testing activities associated with the
Protected Tactical Testbed.
We also need additional funding for the Protected Tactical Wave Form
itself. This effort will help make both commercial and WGS satellites
more robust and protected against jamming. Alongside the Air Force's
pilot program I referenced earlier, the Protected Tactical Testbed and
Wave Form may begin to give warfighters access to a global architecture
of protected commercial SATCOM.
That said, I understand the Air Force has programmatic challenges
with the Protected Tactical Testbed that must be addressed. However, I
urge the committee to keep an open mind in conference. If the Air Force
addresses your concerns, then I hope the committee will consider
restoring funding for the Protected Tactical Testbed and Wave Form.
I thank you again for this opportunity to speak on such an important
issue to our military servicemen and -women.
Mr. FRELINGHUYSEN. Reclaiming my time, I thank the gentlemen from
Alabama and Oklahoma, both veterans, for bringing these matters to our
attention, and we look forward to working with you on these important
issues.
However, in both instances you both highlight important warfighter
capabilities that are stymied by poor program planning and execution by
the Air Force. Their lack of programmatic and financial discipline has
led directly to these weather collection and satellite communications
issues.
Consequently, our appropriations bill highlighted each of these
concerns and strongly encouraged the Air Force to make adjustments.
None, unfortunately, were made in a timely manner.
Based on existing capability, I see no evidence that launching the
DMSP is part of that plan, but I am willing to work with both gentlemen
in conference if things change. I thank the gentlemen for their support
and work.
Mr. VISCLOSKY. Mr. Chairman, I yield 2 minutes to the gentlewoman
from California (Ms. Hahn) for the purpose of a colloquy.
Ms. HAHN. Thank you, Ranking Member Visclosky.
I have been working to provide our World War II merchant mariners the
thanks they deserve. I would prefer to offer an amendment to the
Defense bill which would have provided a token thank you, but it would
have been the subject of a point of order.
These brave men suffered the highest losses of any military branch in
World War II and did not receive veterans benefits under the GI Bill.
Moving forward, I look forward to working with the ranking member to
give our brave merchant mariners the recognition they rightly deserve.
It is unfathomable that these merchant mariners who served this Nation
so valiantly have never had full veterans benefits.
They were not eligible for tuition subsidies, home loan guarantees,
or other provisions of the GI Bill that helps millions of veterans
transition seamlessly into civilian life.
Time is running out. These merchant mariners are now in their
eighties and nineties, and there are only 5,000 left. Let's act now to
right this wrong.
Mr. VISCLOSKY. Will the gentlewoman yield?
Ms. HAHN. I yield to the gentleman from Indiana.
Mr. VISCLOSKY. I thank the gentlewoman from California for bringing
this to our attention and, particularly, given the fact that my father
is a Naval veteran and 99 years old. So I understand the circumstances
of what you speak, and we do look forward to working with you on this
issue as we move forward with the legislation. Thank you very much.
Mr. FRELINGHUYSEN. Mr. Chairman, I am pleased to yield to the
gentleman from New Jersey (Mr. Smith),

[[Page H4056]]

the dean of the New Jersey delegation, for the purpose of a colloquy.
Mr. SMITH of New Jersey. I thank my good friend for yielding, and I
rise to raise an issue of particular importance to my constituents in
New Jersey.
Joint Base McGuire-Dix-Lakehurst was created by the 2005 BRAC round.
And while joint basing has been successfully implemented at MDL, there
remains an outstanding issue of gross unfairness for some employees.
The overwhelming majority of employees at the joint base are included
in the New York pay locality area; yet, the wage grade employees on the
former McGuire Air Force Base and Fort Dix remain in the Philadelphia
locality area. These employees work on the same installation, but they
are paid 7 percent less than their counterparts for the same work.
Joint Base MDL made a formal request for realignment of the
Philadelphia to New York wage survey area to OPM's Advisory Committee,
FPRAC, in 2010, and the base leadership continues to believe pay parity
should be a priority.
Mr. Chairman, the joint base is a critical asset to DOD and our
National security. Their missions could not be carried out effectively
without the skills of the men and women stationed there and those
working in civilian support roles across the base.
Joint Base MDL is one installation, and the men and women who work
there are part of the same workforce. It is timed to fix this outdated
policy.
Accordingly, I am hopeful that you will work with me to bring about
fairness to the roughly 20 percent of the workforce that does not
receive equally earned pay.
Mr. FRELINGHUYSEN. I thank my colleague for his leadership and for
bringing my attention to this important issue. And I can assure him we
will look forward to working with him as we move forward with our bill
into conference.
Mr. SMITH of New Jersey. I thank my good friend, the chairman, for
your commitment to the men and women who support our warfighters. I
look forward to working with you to move the pay parity for all joint
base employees forward.
Mr. VISCLOSKY. Mr. Chairman, I yield 2 minutes to the gentlewoman
from Massachusetts (Ms. Tsongas) for the purpose of a colloquy.
Ms. TSONGAS. Thank you, Ranking Member Visclosky.
Mr. Chair, I rise for the purpose of engaging in a colloquy.
As you are aware, our Nation's Federally Funded Research and
Development Centers, or FFRDCs, play a critical role in advancing
national security goals and ensuring that our Nation stays at the
cutting edge of technological innovation.
Mr. Chair, I wanted to engage in this colloquy to clarify Congress'
intent in section 802(3)(c), which states:
``Notwithstanding any other provision of law, none of the funds
available to the Department from any source during fiscal year 2016 may
be used by a defense FFRDC through a fee or other payment mechanism for
construction of new buildings.''

{time} 1645

Mr. Chair, I am concerned that some could take an expansive
interpretation of this provision and view it as preventing the
execution of critical facilities modernization projects, even when
authorized by Congress through military construction projects.
I am also concerned about the provision's medium-and long-term
implications for building maintenance and facility modernization
projects that are necessary to continue important innovation programs
for decades to come.
Chairman Frelinghuysen, is it the committee's understanding that this
provision is not intended to apply to military construction projects or
to advanced planning and design funds that are authorized by Congress?
Mr. FRELINGHUYSEN. Will the gentlewoman yield?
Ms. TSONGAS. I yield to the gentleman from New Jersey.
Mr. FRELINGHUYSEN. Ms. Tsongas, yes, that is my understanding.
Ms. TSONGAS. Thank you, Mr. Frelinghuysen. I look forward to working
with you, and I appreciate that construction.
I yield to the gentleman from Indiana (Mr. Visclosky), the ranking
member of the Defense Subcommittee. Is that your understanding?
Mr. VISCLOSKY. That is my understanding as well.
Ms. TSONGAS. Thank you both, and I look forward to working with you.
Mr. FRELINGHUYSEN. Mr. Chairman, could you give us the time that we
each have left.
The Acting CHAIR. The gentleman from New Jersey has 2\1/4\ minutes
remaining, and the gentleman from Indiana has 4 minutes remaining.
Mr. FRELINGHUYSEN. I continue to reserve the balance of my time.
Mr. VISCLOSKY. I yield back the balance of my time.
Mr. FRELINGHUYSEN. I yield back the balance of my time.
Mr. PALLONE. Mr. Chair, I rise today to express my support for the
Vets4Warriors program, a program in my district that is operated by
Rutgers University Behavioral Health Care. This successful program has
provided invaluable assistance to the military in their efforts to
prevent suicide among veterans. The program ensures that those veterans
who are struggling with depression or psychological concerns get the
support they need: peer-to-peer.
Sadly, the Department of Defense has terminated this program without
any public notice. Our nation is now faced with a crisis: since the
start of the wars in Iraq and Afghanistan, more than 3,000 active-duty
personnel have taken their own lives. Programs like Vets4Warriors help
us to combat this troubling trend.
The Vets4Warriors program is unique and will be difficult to replace.
It allows veterans a safe space in which they can find help apart from
the DOD structure. Service members are often hesitant to reach out to
their superiors regarding personal concerns like mental health. By
integrating these programs into the Department's Military OneSource
program, many service members will lose the sense of confidentiality
provided by Vets4Warriors.
We must fulfill our responsibility to care for those who put
themselves in harm's way to protect our nation. It is my hope that the
DOD will reconsider their decision so that we can assure our veterans
have access to the best mental health resources possible.
The Acting CHAIR. All time for general debate has expired.
Pursuant to the rule, the bill shall be considered for amendment
under the 5-minute rule.
During consideration of the bill for amendment, each amendment shall
be debatable for 10 minutes equally divided and controlled by the
proponent and an opponent and shall not be subject to amendment. No pro
forma amendment shall be in order except that the chair and ranking
minority member of the Committee on Appropriations or their respective
designees may offer up to 10 pro forma amendments each at any point for
the purpose of debate. The Chair of the Committee of the Whole may
accord priority in recognition on the basis of whether the Member
offering an amendment has caused it to be printed in the portion of the
Congressional Record designated for that purpose. Amendments so printed
shall be considered read.
The Clerk will read.
The Clerk read as follows:

H.R. 2685

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2016, for military functions
administered by the Department of Defense and for other
purposes, namely:

TITLE I

MILITARY PERSONNEL

Military Personnel, Army

For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Army on active
duty (except members of reserve components provided for
elsewhere), cadets, and aviation cadets; for members of the
Reserve Officers' Training Corps; and for payments pursuant
to section 156 of Public Law 97-377, as amended (42 U.S.C.
402 note), and to the Department of Defense Military
Retirement Fund, $37,295,571,000.

Military Personnel, Navy

[[Page H4057]]

members of the Reserve Officers' Training Corps; and for
payments pursuant to section 156 of Public Law 97-377, as
amended (42 U.S.C. 402 note), and to the Department of
Defense Military Retirement Fund, $26,711,323,000.

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 3, line 9, insert after the dollar amount the
following: ``(increased by $2,000,000)''.
Page 31, line 7, insert after the dollar amount the
following: ``(reduced by $2,000,000)''.

Mr. FRELINGHUYSEN. Mr. Chairman, I reserve a point of order on the
gentlewoman's amendment.
The Acting CHAIR. A point of order is reserved.
Pursuant to House Resolution 303, 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, the purpose of this amendment is to
encourage the Secretary of Defense to allocate resources needed to
provide technical assistance by U.S. military women to military women
in other countries combating violence as a weapon of war, terrorism,
human trafficking, narcotics trafficking, and their impact on women and
girls across the globe.
Let me thank the chairman and ranking member of the Subcommittee on
Defense for the work they have done in the backdrop of the very
overwhelming sequester, which I certainly oppose so that all of the
appropriators will have the ability to provide the resources that they
need.
In particular, my amendment is recognizing the new face of war and
the new fight of terrorism.
I hold up these pictures of the numbers of countries who are adding
women to their forces. America, of course, has had women in different
parts of its military for a number of years, going back to nurses in
World War I and II and in the various types of work that have been done
recently in Iraq and Afghanistan, and the women are enormously proud
and very effective.
My amendment simply says that, in this new war on terrorism and human
trafficking, we would have the opportunity to use the women in the
United States military who have achieved levels of rank that are
extremely important to be able to train and to provide technical
assistance to those who are just adding women to their military.
The United States Armed Forces possesses an unparalleled expertise
and technological capability that will aid not only in combating and
defeating terrorists, who hate our country and prey upon innocent
persons--especially women, girls, and the elderly--but we must also
recognize that, notwithstanding our extraordinary technical military
capabilities, we face adversaries who adapt very quickly because they
are not constrained by geographic limitations or norms of morality: the
Caliphate, ISIL, ISIS, Boko Haram, al Shabaab, al Qaeda, all. We are
also finding that these organizations are using women, but then, of
course, the institutionalized militaries are also putting more women
in.
What better interface than that of the United States military and
women, in particular.
I have an article that I would like to submit into the Record,
``Turkey's Women Expand Role in Military.''

Turkey's Women Expand Role in Military

At the 24th International Defence Film Festival in Rome, a
documentary by film director Elif Ovar of the Turkish Army's
Photo-Film Center was selected for the Jury's Award.
Her documentary ``Light of Hope''--about Senay Haydar,
Turkey's first female gendarmie commander and senior
noncommissioned officer (NCO), against the backdrop of gender
discrimination and violence against women in the small
Anatolian town of Mesudiye--attracted much interest.
Haydar works closely with local officials and families and
has been credited for eradicating violence against women
among the 40,000 residents of Mesudiye. Thanks to Haydar's
actions, there hasn't been a single case of violence against
women in the last nine months in Mesudiye.
Ovar told Al-Monitor that as a woman she has been much
impressed with Haydar's accomplishments in a small Anatolian
town where traditional culture prevails. ``NCO Senay's
success, as much as this is due to [her own accomplishments],
is also the success of the commanders who believed in her,''
Ovar said. ``Appointing a female NCO as a representative of
law and order to a town with 40,000 residents is truly a
revolution for the Turkish army.''
Over the last three years, there have been extensive
changes in the personnel policy of the Turkish army with the
increase of the number of female officers and NCOs and, as
was the case with Haydar, in assigning women to active field
positions instead of just to administrative work at the
headquarters.
In an interview with Al-Monitor Haydar said: ``I always
wanted to be a field commander who takes decisions instead of
working at a desk. I was encouraged by the Gendarmerie
General Command. When the results [of my employment] turned
out to be positive, scores of female officers and NCOs
followed in my footsteps.'' According to a source at the
Gendarmerie School in Beykent, Ankara, in October alone, 67
female NCOs have been assigned to Gendarmerie General Command
field posts after they completed their basic training;
another 90 female NCOs and 30 officers will follow.
Capt. Hulya Ercan, an instructor of the UH-60 Sikorsky
helicopter at Ankara's Gendarmerie Aviation School, is the
first female gendarmerie pilot in Turkey. In an interview
with Al-Monitor she said: ``My husband is a captain. I raised
my daughters Bensu and Beren without giving up my profession.
I actually flew until the third month of my pregnancy with my
youngest. My most memorable moment was one time when my
husband was away on a mission and I was ordered to fly an
urgent mission. I had to leave my 1\1/2\-year-old daughter
with the duty officer at the base. When I returned five hours
later, I found the duty officer and many soldiers
entertaining my daughter. That was memorable and funny.''
A source at the Turkish General Staff who works on planning
of the personnel policies told Al-Monitor that today there
are 1,350 female officers in the Turkish army, which is 3.3%
of the total number of officers. The target is to increase
this to 5% in the next three years. The Turkish army wants to
further increase the number of female NCOs, which today
stands at 843 (0.9%). The aim is to also increase this to 5%
by 2018, which means the employment of an additional 4,000
female NCOs. To achieve these objectives, the Turkish army
has been trying to embrace more female-friendly personnel
policies.
The Turkish army employs 96 female colonels, 140 female
lieutenant colonels and 360 female majors.
Colonels generally work at headquarters while majors are
usually unit commanders. Staff Maj. Bilgehan Bulbul is the
commander of the largest transport fleet of the Air Force
Command in Ankara and is also the first female fleet
commander. There is a noticeable increase of Turkish female
staff officers in important headquarter posts in the army and
NATO. For example, naval staff officer Maj. Yasemin
Bayraktutan is Turkey's current naval attache in London.
Within six-seven years, she may well become the first female
admiral of the country. In an email to Al-Monitor, she said
she wants to return home after excelling in her current
position and before becoming an admiral she wants to command
a frigate.
What is behind the Turkish army's decision to increase the
number of female officers and NCOs?
There are two practical reasons and one ideological one.
The first practical reason is the relative reduction in the
number of personnel called up for compulsory military
service, as the Turkish army is moving toward becoming a
professional entity--increasing the number of females in the
army makes up for this loss in man power.
The second practical reason is a need for female personnel
because of a change in security issues the Turkish army is
dealing with--notably, the shift from rural to urban areas of
the Kurdistan Workers Party violence in Turkey's southeast.
In addition, there is a need for female personnel in
international missions that the Turkish armed forces are
undertaking in Afghanistan, Kosovo and Bosnia, among others.
To have ranking female officers provides significant
advantages in communicating with the local population,
especially with women, and carrying out civil-military
cooperation projects effectively in the health care and
education sectors. Thus, the Turkish army is determined to
establish more effective links with local populations in low-
intensity conflict areas and peace support missions.
The ideological reason for increasing the number of females
in the Turkish army is that the latter has always been the
leading cause of modernization and Westernization of the
republic. The army sees itself as a pioneer in all
transformation processes in society, and more females and an
increase in the visibility of their presence in the Turkish
army delivers crucial messages--especially to the rural
population--on equality for women and a more active
participation of women in society.
A female in uniform backed by the Turkish army can better
dissuade a man in rural Turkey, for instance, inclined to
violence against his wife. ``Because of my uniform and as
stipulated by law, I will go after anyone committing violence
against his wife or any other female,'' Haydar said.

Ms. JACKSON LEE. So my amendment, of course, is to provide that

[[Page H4058]]

pathway for the collaboration of U.S. military women with other
excellent forces to be able to help these women and to be able to fight
the global war on terrorism through technical assistance, counsel, and
advice, which I think will add to the expertise of those militaries
but, more importantly, to the work of the United States military.
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 and for their work in ensuring that they have
resources needed to keep our Armed Forces the greatest fighting force
for peace on earth.
Mr. Chair, thank you for the opportunity to explain my amendment,
which is simple and straightforward and affirms an example of the
national goodness that makes America the most exceptional nation on
earth.
The purpose of the Jackson Lee amendment is to provide the Secretary
of Defense flexibility to allocate resources needed to provide
technical assistance by U.S. military women to military women in other
countries combating violence as a weapon of war, terrorism, human
trafficking, narcotics trafficking.
Mr. Chair, the United States is committed to combating violent
extremism, protecting our borders and the globe from the scourge of
terrorism.
The United States Armed Forces possess an unparalleled expertise and
technological capability that will aid not only in combating and
defeating terrorists who hate our country and prey upon innocent
persons, especially women, girls, and the elderly.
But we must recognize that notwithstanding our extraordinary
technical military capabilities, we face adversaries who adapt very
quickly because they are not constrained by geographic limitations or
norms of morality and decency.
Al Qaeda, Boko Haram, Al Shabaab, ISIS/ISIL and other militant
terrorists, including the Sinai's Ansar Beit al-Maqdis in the Sinai
peninsula which poses a threat to Egypt.
The Jackson Lee amendment will help provide the Department of Defense
with the resources needed to provide technical assistance to countries
on innovative strategies to provide defense technologies and resources
that promote the security of the American people and nation states.
Terrorism, human trafficking, narcotics trafficking and their impact
on women and girls across the globe has had a great adverse impact on
us all.
According to a UNICEF report, rape, torture and human trafficking by
terrorist and militant groups have been employed as weapons of war,
affecting over twenty thousand women and girls.
Looking at the history of terrorism alone highlights the importance
of providing technical assistance through our military might, as this
enables us to chip at terrorism which has plagued us here in the United
States.
The Jackson Lee amendment will help curb terrorism abroad by making
available American technical military expertise to military in other
countries, like Nigeria, who are combating violent jihadists in their
country and to keep those terrorists out of our country.
Time and again American lives have been lost at the hands of
terrorists.
These victims include Christians, Muslims, journalists, health care
providers, relief workers, schoolchildren, and members of the
diplomatic corps and the Armed Services.
This is why the technical assistance offered by our military
personnel is integral to promoting security operation of intelligence,
surveillance, and reconnaissance aircraft for missions to empower local
forces to combat terrorism.
Terrorists across the globe have wreaked havoc on our society and
cannot not be tolerated or ignored, for their actions pose a threat to
our national security and the security of the world.
Mr. Chairman, from the United States to Africa to Europe to Asia and
the Middle East, it is clear that combating terrorism remains one of
highest national priorities.
Collectively, through every action and effort towards empowering our
neighbors and their military to combat terrorism, eradicate human
trafficking, stop narcotics trafficking and negate their impact on
women and girls across the globe is in our national interest.
I urge my colleagues to support the Jackson Lee amendment.
I reserve the balance of my time.

Point of Order

Mr. FRELINGHUYSEN. Mr. Chairman, I insist on my point of order.
The Acting CHAIR. The gentleman will state his point of order.
Mr. FRELINGHUYSEN. Mr. Chairman, the amendment proposes to amend
portions of the bill not yet read.
The amendment may not be considered en bloc under clause 2(f) of rule
XXI because the amendment proposes to increase the level of outlays in
the bill.
I ask for a ruling from the Chair.
The Acting CHAIR. Does any other Member wish to be heard on the point
of order?
Ms. JACKSON LEE. Mr. Chairman, I wish to be heard.
The Acting CHAIR. The gentlewoman from Texas is recognized.
Ms. JACKSON LEE. I would like to take this moment to thank the
chairman and the ranking member and their staff for working with me on
this matter. I am hoping to be able to revise or to resubmit this.
At this time, if the chairman would allow me, I ask unanimous consent
to withdraw this amendment.
Mr. FRELINGHUYSEN. Mr. Chairman, I am pleased to accept the
withdrawal.
I thank the gentlewoman for her advocacy.
The Acting CHAIR. Is there objection to the request of the
gentlewoman from Texas?
There was no objection.
The Acting CHAIR. The Clerk will read.
The Clerk read as follows:

Military Personnel, Marine Corps

For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Marine Corps on
active duty (except members of the Reserve provided for
elsewhere); and for payments pursuant to section 156 of
Public Law 97-377, as amended (42 U.S.C. 402 note), and to
the Department of Defense Military Retirement Fund,
$12,586,679,000.

Military Personnel, Air Force

For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Air Force on
active duty (except members of reserve components provided
for elsewhere), cadets, and aviation cadets; for members of
the Reserve Officers' Training Corps; and for payments
pursuant to section 156 of Public Law 97-377, as amended (42
U.S.C. 402 note), and to the Department of Defense Military
Retirement Fund, $26,226,952,000.

Reserve Personnel, Army

For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Army
Reserve on active duty under sections 10211, 10302, and 3038
of title 10, United States Code, or while serving on active
duty under section 12301(d) of title 10, United States Code,
in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing
reserve training, or while performing drills or equivalent
duty or other duty, and expenses authorized by section 16131
of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund,
$4,463,164,000.

Reserve Personnel, Navy

For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Navy
Reserve on active duty under section 10211 of title 10,
United States Code, or while serving on active duty under
section 12301(d) of title 10, United States Code, in
connection with performing duty specified in section 12310(a)
of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty, and
expenses authorized by section 16131 of title 10, United
States Code; and for payments to the Department of Defense
Military Retirement Fund, $1,866,891,000.

Reserve Personnel, Marine Corps

For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Marine
Corps Reserve on active duty under section 10211 of title 10,
United States Code, or while serving on active duty under
section 12301(d) of title 10, United States Code, in
connection with performing duty specified in section 12310(a)
of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty, and
for members of the Marine Corps platoon leaders class, and
expenses authorized by section 16131 of title 10, United
States Code; and for payments to the Department of Defense
Military Retirement Fund, $705,271,000.

Reserve Personnel, Air Force

For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Air Force
Reserve on active duty under sections 10211, 10305, and 8038
of title 10, United States Code, or while serving on active
duty under section 12301(d) of title 10, United States Code,
in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing
reserve training, or while performing drills or equivalent
duty or other duty, and expenses authorized by section 16131
of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund,
$1,689,333,000.

[[Page H4059]]

National Guard Personnel, Army

For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Army
National Guard while on duty under sections 10211, 10302, or
12402 of title 10 or section 708 of title 32, United States
Code, or while serving on duty under section 12301(d) of
title 10 or section 502(f) of title 32, United States Code,
in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing
training, or while performing drills or equivalent duty or
other duty, and expenses authorized by section 16131 of title
10, United States Code; and for payments to the Department of
Defense Military Retirement Fund, $7,980,413,000.

National Guard Personnel, Air Force

For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Air
National Guard on duty under sections 10211, 10305, or 12402
of title 10 or section 708 of title 32, United States Code,
or while serving on duty under section 12301(d) of title 10
or section 502(f) of title 32, United States Code, in
connection with performing duty specified in section 12310(a)
of title 10, United States Code, or while undergoing
training, or while performing drills or equivalent duty or
other duty, and expenses authorized by section 16131 of title
10, United States Code; and for payments to the Department of
Defense Military Retirement Fund, $3,202,010,000.

TITLE II

OPERATION AND MAINTENANCE

Operation and Maintenance, Army

For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Army, as authorized by law,
$28,349,761,000: Provided, That not to exceed $12,478,000 can
be used for emergencies and extraordinary expenses, to be
expended on the approval or authority of the Secretary of the
Army, and payments may be made on his certificate of
necessity for confidential military purposes.

Amendment Offered by Mr. Lowenthal

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

Page 7, line 22, after the dollar amount insert the
following: ``(reduced by $3,000,000)''.
Page 9, line 6, after the dollar amount insert the
following: ``(increased by $5,000,000) (reduced by
$3,000,000)''.

The Acting CHAIR. Pursuant to House Resolution 303, the gentleman
from California and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from California.
Mr. LOWENTHAL. Mr. Chair, 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 and is currently active in 56
congressional districts throughout the Nation.
Today I want to thank Chairman Frelinghuysen and Ranking Member
Visclosky for their strong leadership in reestablishing funding for the
program over the past 2 years. I am respectfully requesting an
additional $5 million to help expand the program nationwide.
Today I am offering STARBASE amendment No. 18 to H.R. 2685, the
Department of Defense Appropriations Act. My amendment increases
funding to the STARBASE Youth Program by $5 million, and while
providing support for the program, it also reduces spending by $1
million.
The STARBASE program is carried out by the military services because
the lack of STEM-educated youth in America has been identified as a
future national security issue by the Department of Defense. Two years
ago, both the House and Senate rejected the Office of Management and
Budget's, the OMB, proposal to terminate this critical program.
As a Member of Congress, I appreciate OMB's desire to consolidate
STEM's programs across the spectrum into one funding line. However,
this is a national defense item and 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 OMB's action during
that time resulted in the elimination of all programs operated by the
Navy and reduced in fiscal year 2014 the number of DOD STARBASE
programs from 79 to 56. DOD currently has 25 sites on the waiting list
for a program, and that is why we need a small increase in funding for
a number of STARBASE programs. It is one of the most cost-effective
programs across the Federal Government, costing an average of $343 per
student.
Last year, 3,062 classes were conducted in 1,267 schools in 413
school districts across the country. More than 70,000 students attended
the programs, bringing the total to 825,000 students since its
inception in 1993.
It is one of the most effective STEM programs as well. The students
demonstrate undisputed improvement in STEM.
I will conclude by reading Warrant Officer Stacey Hendrickson of the
California State Military Reserve and director of the STARBASE program
at the Los Alamitos Joint Forces Training Base in my district, who
said:
``Congressman Lowenthal, I wanted to let you know that one of our
schools, 96th Street Elementary in Watts, earned their highest science
standardized test scores ever last year. This is significant because
the class is second-year remediation and has English language learners
and special needs students. Every student's score went up, so this is a
class that was very special to us. We were all very excited to hear
that, as those students had all shown a big increase in our own pre and
post test scores. We were happy to see that the improvement was seen on
their Academic Performance Index scores as well.''
Mr. Chair, STARBASE inspires America's youth to discover technical
career fields that are imperative. During this time of economic
recovery we cannot lose this battle and concede our technical edge to
the rest of the world. I urge my colleagues to support this amendment.
I yield back the balance of my time.

{time} 1700

Mr. FRELINGHUYSEN. Mr. Chairman, I reluctantly rise to oppose the
amendment.
The Acting CHAIR. The gentleman from New Jersey is recognized for 5
minutes.
Mr. FRELINGHUYSEN. I know the gentleman is a strong supporter of it.
Indeed, it is a program that does incredible things for students that
has a proven record.
Unfortunately, once again, the President's fiscal year 2016 budget
did not support the program. There were no funds requested. As a
result, the committee provided an additional $25 million in fiscal year
2016 to restore funding for the program.
However, I can't support an amendment that would cut the Army's
operations, the maintenance accounts, to pay for it. This account
provides funding for critical training, operations, maintenance, and
readiness programs. After over a decade of war, restoring readiness is
one of the key objectives of our bill this year.
We need to have soldiers who are ready and able to respond to
contingency. It is a top priority in our bill for the Army and for us.
While I appreciate the gentleman's intent, I cannot support his
amendment, reluctantly.
Mr. Chair, I 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 question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. LOWENTHAL. 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 California
will be postponed.
The Clerk will read.
The Clerk read as follows:

Operation and Maintenance, Navy

For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Navy and the Marine Corps,
as authorized by law, $40,548,338,000: Provided, That not to
exceed $15,055,000 can be used for emergencies and
extraordinary expenses, to be expended on the approval or
authority of the Secretary of the Navy, and payments may be
made on his certificate of necessity for confidential
military purposes.

Operation and Maintenance, Marine Corps

For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Marine Corps, as authorized
by law, $5,338,793,000.

Operation and Maintenance, Air Force

For expenses, not otherwise provided for, necessary for the
operation and maintenance

[[Page H4060]]

of the Air Force, as authorized by law, $36,094,484,000:
Provided, That not to exceed $7,699,000 can be used for
emergencies and extraordinary expenses, to be expended on the
approval or authority of the Secretary of the Air Force, and
payments may be made on his certificate of necessity for
confidential military purposes.

Operation and Maintenance, Defense-Wide

(including transfer of funds)

For expenses, not otherwise provided for, necessary for the
operation and maintenance of activities and agencies of the
Department of Defense (other than the military departments),
as authorized by law, $30,182,187,000: Provided, That not
more than $15,000,000 may be used for the Combatant Commander
Initiative Fund authorized under section 166a of title 10,
United States Code: Provided further, That not to exceed
$36,000,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the
Secretary of Defense, and payments may be made on his
certificate of necessity for confidential military purposes:
Provided further, That of the funds provided under this
heading, not less than $35,045,000 shall be made available
for the Procurement Technical Assistance Cooperative
Agreement Program, of which not less than $3,600,000 shall be
available for centers defined in 10 U.S.C. 2411(1)(D):
Provided further, That none of the funds appropriated or
otherwise made available by this Act may be used to plan or
implement the consolidation of a budget or appropriations
liaison office of the Office of the Secretary of Defense, the
office of the Secretary of a military department, or the
service headquarters of one of the Armed Forces into a
legislative affairs or legislative liaison office: Provided
further, That $9,031,000, to remain available until expended,
is available only for expenses relating to certain classified
activities, and may be transferred as necessary by the
Secretary of Defense to operation and maintenance
appropriations or research, development, test and evaluation
appropriations, to be merged with and to be available for the
same time period as the appropriations to which transferred:
Provided further, That any ceiling on the investment item
unit cost of items that may be purchased with operation and
maintenance funds shall not apply to the funds described in
the preceding proviso: 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. Gosar

Mr. GOSAR. Mr. Chair, 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 $3,200,000)''.
Page 12, line 17, after the dollar amount, insert
``(increased by $2,000,000)''.

The Acting CHAIR. Pursuant to House Resolution 303, the gentleman
from Arizona and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Arizona.
Mr. GOSAR. Mr. Chairman, I rise today to offer an amendment with the
intent of bolstering funds for a worthwhile program in the National
Guard that assists with securing our southwest border.
In my State of Arizona, we are under attack. The Arizona border is a
main thoroughfare for the black market and trafficking. Guns, money,
drugs, and people are smuggled over the border at an alarming rate.
Once the smugglers make it to Interstate 10 in Tucson, they can make
easier runs to Phoenix, Los Angeles, and beyond.
Let's be clear, the Guard's southwest border mission has bipartisan
support. Even President Obama supported this program during his time in
the White House. In fact, since 1981, Congress has authorized military
support to civilian law enforcement agencies.
The Acting CHAIR. The gentleman will suspend.
For what purpose does the gentleman from Illinois seek recognition?
Mr. VISCLOSKY. Mr. Chair, I rise to ask which of the three amendments
I have before me is the one that we are now considering in the House of
Representatives.
Mr. GOSAR. 107.
Mr. VISCLOSKY. I have got it.
Thank you very much.
The Acting CHAIR. Without objection, the Clerk will report the
amendment once again.
There was no objection.
The Clerk read the amendment.
The Acting CHAIR. The Chair recognizes the gentleman from Arizona.
Mr. GOSAR. In fact, since 1981, Congress has authorized military
support to civilian law enforcement agencies, and those narrow
authorizations are prescribed in title 10, chapter 18 of the United
States Code. In sum, they act to support law enforcement efforts, but
they do not direct them.
Finally, I will remind my colleagues that a similar amendment was
offered last year by the gentleman from Colorado (Mr. Lamborn), and the
amendment was accepted by voice vote. This amendment today seeks to
achieve the same goal. The amendment is offset by a reduction to the
defensewide operations and maintenance account, $30.2 billion account.
Arizona, California, New Mexico, and Texas are all struggling. We are
in desperate need of expertise and support at our southwestern border.
If you support efforts to secure the border and interdict illegal
trafficking in guns, money, drugs, and humans, including sex slaves,
then you should support this amendment.
I thank the chairman and the ranking member for their tireless
efforts to prioritize resources in this bill.
Mr. Chair, I reserve the balance of my time.
Mr. FRELINGHUYSEN. Mr. Chairman, I claim the time, but I am in
support of the amendment.
The Acting CHAIR. Without objection, the gentleman from New Jersey is
recognized for 5 minutes.
There was no objection.
Mr. FRELINGHUYSEN. I understand the Representative from Arizona has
firsthand knowledge of the value of the southwest border mission, and I
support his amendment.
Mr. Chair, I yield back the balance of my time.
Mr. GOSAR. I thank the chairman for accepting my amendment.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Arizona (Mr. Gosar).
The amendment was agreed to.

Amendment Offered by Mr. Pascrell

Mr. PASCRELL. 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 $5,500,000) (increased by $5,500,000)''.

The Acting CHAIR. Pursuant to House Resolution 303, the gentleman
from New Jersey and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from New Jersey.
Mr. PASCRELL. Mr. Chairman, I thank Chairman Frelinghuysen and
Ranking Member Visclosky for providing $212 million for suicide
prevention outreach programs, $20 million above the President's
request.
I am offering this amendment with my colleagues, Representatives
Pallone, Smith, LoBiondo, Garrett, Lance, Sires, Payne, MacArthur,
Norcross, and Watson Coleman, to continue support and funding for the
successful confidential peer-to-peer Vets4Warriors program, a Pentagon-
funded call center operated by Rutgers University Behavioral Health
Care that provides troops struggling with depression and other
psychological or emotional concerns support by veterans.
Despite the troubling increase in Active Duty military suicides after
9/11, the Defense Department announced last month it would stop funding
the Vets4Warriors program, which has provided valuable assistance to
reduce these incidents.
Through Vets4Warriors, servicemembers have been able to find
confidential assistance from peers who share lived experiences and who
can quickly connect and listen in highly effective ways. Since December
2011, the program has had over 130,000 contacts.
The Defense Department's plan to integrate these services into the
Military OneSource without a public process is concerning because we
know that many servicemembers are reluctant to contact superiors for
assistance with mental health needs. Military OneSource is only billed
as available to veterans and their families within 180 days after
leaving the service.
Vets4Warriors provides a deep place for veterans to seek help outside
the Defense Department. We believe removing funding for this program is
shortsighted. This move will also result in the layoff of approximately
30 well-trained, talented veterans who have been providing support
services around the clock. We want the Defense Department to use this
funding to fully fund the Vets4Warriors program, ensuring our troops
receive the best mental health resources available.

[[Page H4061]]

Mr. FRELINGHUYSEN. Will the gentleman yield?
Mr. PASCRELL. I yield to the gentleman from New Jersey.
Mr. FRELINGHUYSEN. I rise to support your amendment.
I think all of us are particularly shocked that they would shut
something down in our home State that actually serves the rest of the
Nation. They enjoy a good reputation. It sort of falls into the
category of ``what were they thinking?''
We appreciate your standing for the Vets4Warriors.
Mr. LANCE. Will the gentleman yield?
Mr. PASCRELL. I yield to the gentleman from New Jersey.
Mr. LANCE. Mr. Chairman, I thank Mr. Pascrell for his leadership on
this issue, as he has led on so many other issues. I also thank
Chairman Frelinghuysen. It is due to Chairman Frelinghuysen's
leadership on this legislation that we stand well-equipped to keep our
Nation safe and secure.
The Vets4Warriors program has saved lives in New Jersey. It has made
a great difference during very challenging times for servicemen and
servicewomen. Their peers offer support and a friendly ear at a time
when it matters most. Their voices of encouragement, friendship, and
support on the other end of the telephone remind our brave heroes of
their great potential, the love of a grateful nation, and what they can
accomplish in their lives.
The program has been proven effective. Thousands of veterans have
received critical care and assistance. It works and it should be
maintained. The statistics on veterans' suicides are heartbreaking, but
programs like Vets4Warriors are the types of efforts that we can
implement to make a lasting difference.
I thank Lloyd Deans of Bridgewater, New Jersey, and the district I
serve for his support and leadership in this area, and for fighting for
this program and for being a great friend and resource to other
veterans.
I urge adoption of the amendment.
Mr. PASCRELL. 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. Pascrell).
The amendment was agreed to.

Amendment Offered by Mr. Gosar

Mr. GOSAR. 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 $1,500,000)''.
Page 36, line 1, after the dollar amount, insert
``(increased by $1,500,000)''.
Page 36, line 2, after the dollar amount, insert
``(increased by $1,500,000)''.

Point of Order

Mr. FRELINGHUYSEN. Mr. Chairman, I do insist on my point of order.
The Acting CHAIR. The gentleman may state his point of order.
Mr. FRELINGHUYSEN. I strongly admire the advocacy on behalf of
suicide prevention by the gentleman from Arizona. It is very needed,
but I insist on my point of order because the amendment proposes to
amend portions of the bill not yet read.
The amendment may not be considered en bloc under clause 2(f) of rule
XXI because the amendment proposes to increase the level of outlays in
the bill.
I ask for a ruling from the Chair.
The Acting CHAIR. Does any other Member wish to be heard on the point
of order? If not, the Chair is prepared to rule.
To be considered en bloc pursuant to clause 2(f) of rule XXI, an
amendment must not propose to increase the level of budget authority or
outlays in the bill.
Because the amendment offered by the gentleman from Arizona proposes
a net increase in the level of outlays in the bill, as argued by the
chairman of the Subcommittee on Appropriations, it may not avail itself
of clause 2(f) to address portions of the bill not yet read.
The point of order is sustained. The amendment is not in order.

{time} 1715

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 $7,463,000)''.
Page 88, line 16, after the dollar amount insert the
following: ``(increased by $5,000,000)''.

The Acting CHAIR. Pursuant to House Resolution 303, 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 such time as I may consume.
I want to start by thanking the chairman and the ranking member for
their unwavering support of our national defense and our veterans.
Mr. Chairman, my amendment increases the funding for a program called
Fisher House from $5 million to $10 million, and it funds that increase
by reducing the amount in the operation and maintenance account by $5
million.
Mr. Chairman, the Fisher House is a very successful and very well-
regarded nonprofit with a single mission, which is to provide free
housing and lodging to families of veterans. The facilities are located
near veterans hospitals and military hospitals in VA facilities.
The purpose of this housing is to allow the families of veterans to
be with their loved ones, the servicemen or -women who have served our
country and are receiving medical care at one of these facilities. Mr.
Chairman, we know how important that is for the families and for the
loved ones, but we know in particular how important that is for our
veterans when they are receiving care incurred in the service to our
great Nation for them to have their families with them.
The Fisher House program has been in business for 25 years, and they
have been a proven and exceptional steward of taxpayer money. They
operate 65 facilities all around the country. Again, these facilities
are near military hospitals or a veterans facility.
They operate to a very high standard. They have a deep pipeline of
new facilities that they want to build. Unfortunately, there is a great
need for these facilities, which is why we are proposing to increase
their funding from $5 million to $10 million.
I have introduced this amendment for the past 3 years. It has enjoyed
bipartisan support. This year, it also has the support of the
gentlewoman from Michigan.

[[Page H4062]]

I now yield 2 minutes to the gentlewoman from Michigan (Mrs.
Dingell).
Mrs. DINGELL. Mr. Chairman, I thank the gentleman from Maryland for
yielding and for his leadership on this critically important issue. I
rise in very strong support of this amendment.
For many years, I have worked with hospitalized veterans and their
families who have often had to travel far from home to get treatment
and have seen what the Fisher House has done. The Fisher House
Foundation does wonders in being a home away from home during very
difficult times for our veterans and their families.
As Congress continues to address veterans issues, it is critical that
their families also have support systems in place and a safe place to
stay while the veterans are receiving treatment.
We should be building more Fisher House facilities across the
country. We are currently trying to put one in Michigan and, as I
explored that public-private partnership, discovered that there is more
than a 5-year wait in that pipeline. This bill isn't a silver bullet,
but it would help reduce that timeline.
I want to thank my good friend Congressman Delaney for his leadership
on this issue, and I urge all Members to support this bipartisan
amendment that helps veterans and their families.
Mr. FRELINGHUYSEN. Mr. Chairman, I rise in opposition and will use
that time to say that I support the amendment.
The Acting CHAIR. Without objection, the gentleman from New Jersey is
recognized for 5 minutes.
There was no objection.
Mr. FRELINGHUYSEN. The Fisher House Foundation does incredible work.
Both my predecessors, Mr. Murtha and Mr. Young, were strong supporters.
Just for the record, my bill already includes an additional $5
million for the Department as a grant to the Fisher House Foundation
and allows each service to transfer up to $11 million for Fisher House
operations, so each of our services recognizes the incredible private
contribution and also the U.S. taxpayer contribution.
I support the amendment, and I yield back the balance of my time.
Mr. DELANEY. Mr. Chairman, I want to thank the chairman for his
support and, once again, thank him for his singular leadership and for
his insights into the importance of the Fisher House program.
I urge my colleagues to support this amendment so that we can build,
as the gentlewoman from Michigan said, more Fisher House facilities to
allow the family members of our veterans to be with them at this great
time of 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 Maryland (Mr. Delaney).
The amendment was agreed to.

Amendment Offered by Mr. Franks of Arizona

Mr. FRANKS of Arizona. 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 $2,000,000) (increased by
$2,000,000)''.

The Acting CHAIR. Pursuant to House Resolution 303, the gentleman
from Arizona and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Arizona.
Mr. FRANKS of Arizona. Mr. Chairman, I thank the chairman for
allowing me to offer this amendment to this year's Defense
Appropriations bill to establish and reestablish the Commission to
assess the threat to the United States from electromagnetic pulse
attack, which was authorized in the House-passed FY16 NDAA.
Mr. Chairman, as your committee knows so very well, the United States
faces many threats and challenges today, perhaps more than ever before
in her history. One of those threats is the reliance across all
critical infrastructure sectors on an aging and highly vulnerable
electric grid.
As the GAO reported, the Department of Defense relies upon that very
same electric grid for 99 percent of its electricity needs within the
continental United States without which it cannot effect its mission.
The previous EMP Commission stated that a collapse of large portions
of the electrical system will result in significant periods of power
outage and loss of significant portions of that system.
Should the electrical power system be lost for any substantial period
of time, the consequences are likely to be catastrophic to civilian
society. They concluded that negative impacts on the electrical
infrastructure are certain in an EMP event unless practical steps are
taken to provide protection for critical elements of the electrical
system.
The Commission must be established, Mr. Chairman, to ensure that
research into addressing these vulnerabilities continues within the
Department of Defense to enable practical steps to actually secure and
harden the grid. The House Armed Services Committee has already acted
this year and authorized $2 million to reestablish the Commission.
I would urge my colleagues to support this amendment to ensure that
these funds are appropriated as well.
Mr. FRELINGHUYSEN. Will the gentleman yield?
Mr. FRANKS of Arizona. I yield to the gentleman from New Jersey.
Mr. FRELINGHUYSEN. The gentleman brings up a huge issue, EMP,
electromagnetic pulse. I accept the amendment.
Mr. FRANKS of Arizona. I thank the gentleman very much.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Arizona (Mr. Franks).
The amendment was agreed to.

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:

Page 9, line 6, after the dollar amount, insert ``(reduced
by $1,000,000)''.
Page 36, line 1, after the dollar amount, insert
``(increased by $1,000,000)''.
Page 36, line 9, after the dollar amount, insert
``(increased by $1,000,000)''.

The Acting CHAIR. Pursuant to House Resolution 303, 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 yield myself such time as I may consume.
Mr. Chairman, members of the committee, my amendment would transfer
$1 million from the Secretary's some $30 billion general operation and
maintenance fund to lung cancer research under the Defense Health
Program.
I would like to begin by thanking Chairman Frelinghuysen and Ranking
Member Visclosky for the additional funds that have already been placed
into the legislation for cancer research. My amendment is presented out
of the hope that we can still do better and get us back to a point
where we were some years ago.
I know $1 million won't make but a dent in the Secretary's general
operating fund, but it would make an enormous difference--an enormous
difference--in battling lung cancer, a disease that already affects
many of our military men and women and kills over 159,000 Americans
every year.
As many of you know, my daughter, Katherine, a young mother of four,
ages 9 to 16, was diagnosed with nonsmoking lung cancer earlier this
year. I would be remiss if I didn't thank my many colleagues for their
prayers and their good will and all their expressions of hope and
concern and thank the committee for the money that they have provided
here for medical research because, make no mistake about it, the
combined prayers, good will, and medical research have provided
Katherine and her family and her friends and many people throughout
this country with hope for their recovery.
We have come a long way, and we are getting very close to discovering
a cure for this and many of the other cancers that so tragically take
the lives of our loved ones.
It is my hope that with this amendment, we can do a little bit
better, get us a little bit closer to that cure, and give people going
forward the same hope that my daughter, Katherine, has been able to
receive as a result of these prayers and this research.
I urge my colleagues to adopt this amendment and ask for its support.

[[Page H4063]]

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 Mr. McKinley

Mr. McKINLEY. 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 303, the gentleman
from West Virginia and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from West Virginia.
Mr. McKINLEY. Mr. Chairman, formed in 1993, the Youth ChalleNGe is a
17-month program run by individual State National Guards. Its mission
is to give troubled youth a second chance and addresses our Nation's
dropout rate by providing them the opportunity to obtain a high school
diploma.
Youth ChalleNGe has transformed the lives of over 120,000 young
people since 1993 and has expanded to 35 sites in 27 States, including
the District of Columbia and Puerto Rico--young people like Tatiana
Zambrano, a 2011 Puerto Rico ChalleNGe Academy graduate, who with the
help of Youth ChalleNGe overcame much adversity to gain admission to
Valparaiso University from which she graduated last month. Society may
have given up on these young people, but Youth ChalleNGe hasn't.
Along with my colleague, Congresswoman Napolitano, we have written
letters and offered amendments in support of Youth ChalleNGe and have
been buoyed by its successful intervention over the last number of
years, the program seeks now to expand its help into California,
Georgia, North Carolina, and Texas, but that requires $25 million above
the funding level.

{time} 1730

Our amendment doesn't go to that level. Instead, we hope that we can
ask for just a modest $5 million amount for Youth ChalleNGe to carry
out its modest expansion of this program to reach at-risk children. It
has proven to be a cost-effective investment.
We thank Chairman Frelinghuysen and his staff for their efforts and
their interest in this issue, and I urge all of my colleagues to
support this bipartisan amendment.
Mr. Chairman, I yield 2 minutes to the gentlewoman from California
(Mrs. Napolitano), my co-chair of the Youth ChalleNGe Caucus.
Mrs. NAPOLITANO. Mr. Chairman, I thank the gentleman, my colleague
who is the co-chair on the Congressional National Guard Youth ChalleNGe
Caucus--bipartisan, may I add--to help our throwaway kids. They are 16-
to 18-year-olds who have fallen through the cracks, so we work in a
bipartisan manner to ensure that some of these youngsters have a second
chance.
We thank the Appropriations Committee for the funding increase over
President Obama's 2016 request of $145 million.
The 2016 Defense Appropriations will fund the National Guard Youth
ChalleNGe Program at $150 million, with the current funding of $135
million. As my colleague has stated, this amendment increases by $5
million the National Guard Youth ChalleNGe Program to $155 million, and
it reduces the operation and maintenance, defensewide account by the
same amount. It helps to start new programs in four States. Each new
program is $4 million. The California third program will cost $10
million to $15 million due to the Superfund site.
It is critical for hundreds of youth who are dropouts to have the
same options to be able to have a second chance. The ChalleNGe program
has graduated, as was stated, over 120,000 nationally. It is voluntary,
free, with no cost to the child or to his or her family. It is a 22\1/
2\-week residential boot camp program that is led by the National Guard
cadre. It also prepares them to reenter society and to be successful,
to build employment potential, and to return to school. A 2012 RAND
study finds, for every dollar spent, it results in a return of $2.66 to
the taxpayer.
It is rated as the best youth program in the Nation. It effectively
addresses part of our Nation's dropout epidemic on a small level. It is
beneficial to business, communities, and the Nation's ability to
compete in our future economy. We need more programs, not fewer. More
than 12,000 applicants are rejected due to no space, so we ask our
colleagues to support this amendment.
Mr. McKINLEY. Mr. Chairman, it is all about just trying to help these
young kids get a second chance. By expanding this program as we are
doing, which is a modest expansion to reach into some other States, we
know we are going to reach some other lives that society has given up
on. I don't want to give up on them, and I don't think our Nation wants
to give up on them. This is a chance to do it, and I thank the
committee for its support.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from West Virginia (Mr. McKinley).
The amendment was agreed to.
Mr. VISCLOSKY. Mr. Chairman, I move to strike the last word.
The Acting CHAIR. The gentleman from Indiana is recognized for 5
minutes.
Mr. VISCLOSKY. Mr. Chairman, I will not take the full 5 minutes, but
I would just point out to all of my colleagues that we are on page 9 of
a 163-page bill. This bill deals with the national security of this
country. It contains $578,656,000,000, and we have already received two
amendments that have been offered on the floor that were not made
available to us. I would hope that this does not continue to be a
practice during the coming debate on the remainder of the bill given
the gravity of the bill, the subject matter, and the amendments,
themselves.
I would ask all of the Members to have the courtesy to make sure both
the majority and the minority have their amendments in a timely fashion
and, certainly, before we begin 5 minutes of debate on the floor of the
House of Representatives. I would ask for that civility on behalf of
all of the Members.
I yield back the balance of my time.

Amendment Offered by Mr. Sablan

Mr. SABLAN. Mr. Chair, 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 $21,300,000)''.
Page 16, line 24, after the dollar amount insert the
following: ``(increased by $21,300,000)''.

Mr. SABLAN (during the reading). Mr. Chair, I ask that the amendment
be considered as read and printed in the Record.
The Acting CHAIR. Is there objection to the request of the gentleman
from the Northern Mariana Islands?
There was no objection.
The Acting CHAIR. Pursuant to House Resolution 303, the gentleman
from the Northern Mariana Islands and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentleman from the Northern Mariana Islands.
Mr. SABLAN. Mr. Chair, we all agree that the Department of Defense
has the responsibility to defend our Nation, but the Department also
has a responsibility to clean up after itself when it contaminates our
environment or threatens public health, and we in Congress have a
responsibility to give the military the money it needs for that
cleanup.
The amendment I offer adds $21.3 million to the Formerly Used Defense
Sites program.
I plan to withdraw the amendment out of respect for Chairman
Frelinghuysen and his subcommittee, which actually added $25 million to
the FUDS program above the President's budget request. Yet I want to
make the point that we ought to keep the funding at the same level we
appropriated in fiscal year 2015, which was $250 million, and that is
what my amendment would do, because now is not the time for the
military to backslide on its cleanup.
There are 5,000 sites--in every State and territory--that we know are
contaminated, and these sites are not in someone else's backyard. There
are 87 of the Formerly Used Defense Sites in Chairman Frelinghuysen's
State of New Jersey, and there are 42 FUDS sites in Ranking Member
Visclosky's State of Indiana.

[[Page H4064]]

In the district I represent, which is the Northern Mariana Islands,
there are 24 contaminated areas, dating back to World War II, that are
still waiting to be cleaned up. For example, there are 17 rusted fuel
tanks in the little village of Tanapag that have been leaking oil into
the ground since Harry Truman was President, and, every day, there are
kids who are walking by on their way to school; there are fishermen in
the lagoon just a few feet away; and there are families who are living
with the smell of oil in their homes.
This is not just an environmental issue. This unfinished cleanup
damages our military's ability to defend our Nation. Let me explain.
In the Northern Mariana Islands today, the Defense Department wants
to expand training activities--using live fire, running pipelines,
building more fuel tanks--doing the very things we know contaminate the
environment and threaten public health. The people I represent are
saying ``no'' to this expanded military activity.
Now, restoring FUDS funding will not change anyone's mind about the
military's proposed buildup in my district, but at least the military
will have a little more credibility when it promises that it will clean
up after itself because, if the people I represent see Congress cutting
funding for FUDS, then the military's promise has no credibility at
all.
This is not just about the Northern Mariana Islands. This is a
national issue. We have 5,000 sites currently identified for cleanup
nationwide and another 10,000 on the list of potentially contaminated
sites. Even if we appropriate $250 million for 2016, it is not enough.
The Army Corps of Engineers estimates a full cleanup cost of $14
billion. So, at $250 million a year, we will still be having this same
discussion 50 years from now.
Again, I commend the chairman and his subcommittee for adding the $25
million to the Formerly Used Defense Sites program, but, ultimately, we
all have to do better.
Mr. VISCLOSKY. Will the gentleman yield?
Mr. SABLAN. I yield to the gentleman from Indiana.
Mr. VISCLOSKY. I appreciate the gentleman's statement before the
floor and for his bringing the issue to the Members' attention.
As you frankly point out, not only for the constituency you represent
but whether it was in any of our districts, as you also rightfully
point out, this is a national problem. It tends to be forgotten because
it is not seen visually by the average constituent. It is a very
serious health and environmental problem, and I do appreciate your
raising it during this particular debate.
Mr. SABLAN. Mr. Chair, I ask unanimous consent to withdraw the
amendment.
The Acting CHAIR. Is there objection to the request of the gentleman
from the Northern Mariana Islands?
There was no objection.

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 9, line 6, after the dollar amount insert the
following: ``(reduced by $10,000,000)''.
Page 36, line 1, after the dollar amount insert the
following: ``(increased by $10,000,000)''.
Page 36, line 9, after the dollar amount insert the
following: ``(increased by $10,000,000)''.

The Acting CHAIR. Pursuant to House Resolution 303, 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 is identical to an
amendment offered last year that passed this body by a voice vote.
Veterans of the first gulf war suffered from persistent symptoms,
including chronic headaches, widespread pain, cognitive difficulties,
debilitating fatigue, gastrointestinal problems, respiratory symptoms,
and other abnormalities that are not explained by traditional medicine
or by psychiatric diagnoses.
Research shows that, as veterans from the first gulf war age, they
are twice as likely to develop Lou Gehrig's disease as are their
nondeployed peers. There also may be connections to multiple sclerosis
and to Parkinson's disease. Sadly, there are no known treatments for
this lifelong pain and affliction that these veterans must endure
through this disease.
For decades, the Veterans Health Administration has downplayed any
neurological basis for the disease, but recent research has shown
unequivocally that this disease is biological in nature. The time has
come for us to right the wrong that our servicemen and -women have had
to live with now for over 20 years. In this Department of Defense
Appropriations bill, we allocate more money for breast cancer,
orthopaedic, and prostate cancer research than we do for finding a cure
for Gulf War Illness. Equivalent funds are appropriated for ovarian
cancer research.
I think if we are going to spend money on medical research within the
Department of Defense, which I am in favor of, the Department must
adequately fund research on those diseases that originate in war and
wholly affect our servicemen and -women. Over a quarter of a million
veterans display symptoms of this disease, and the time has come to
find and to fund a cure for it.
The offset for my amendment today comes from the $30 billion
operation and maintenance, defensewide account. Congress has a
responsibility to ensure that the gulf war veterans, who put it all on
the line and are paying for that with a lifetime of pain, are not left
behind. I urge my colleagues to support this amendment and help find a
cure for the Gulf War Illness.
Mr. Chair, 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. Mr. Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:

The Acting CHAIR. Pursuant to House Resolution 303, the gentleman
from Florida and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Florida.
Mr. GRAYSON. Mr. Chair, my amendment would increase funding for
prostate cancer research by $10 million under the Defense Health
Program.
Prostate cancer is the second-most commonly diagnosed cancer in men
and is the second-most common cause of a man's death. In 2015,
approximately 220,800 men in the United States will be diagnosed with
prostate cancer, and an estimated 27,540 will die from it.
The Prostate Cancer Research Program is a unique research program in
that it prioritizes research that will lead to the elimination of death
from prostate cancer while enhancing the well-being of men who are
experiencing the impact of that disease.
To date, the Prostate Cancer Research Program has resulted in a total
appropriation of over $1.3 billion, including $80 million last year.
This unique partnership among the military, prostate cancer survivors,
clinicians, and scientists has changed the landscape of biomedical
study, energizing the research community in conducting high-risk
investigations that are more collaborative, innovative, and impactful
on prostate cancer.
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. The offset for my amendment comes from
the $30 billion operation and maintenance, defensewide account.
This amendment passed the House by a voice vote last year and as part
of an en bloc amendment the year before. I hope that 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. I would like to thank the gentleman for his
previous amendment, which I supported,

[[Page H4065]]

and also for this amendment, which supports greater funds for prostate
cancer research.
Mr. Chairman, as a matter of history, my predecessor died from
prostate cancer, and, of course, around this room and around the
country, we know too many men who haven't done what they should do to
look after their health and, therefore, the welfare of their families.

{time} 1745

I want to commend the gentleman for his advocacy in this area and
also remind those who are on the Hill that I think next week the House
will be sponsoring a screening for all men here. It is a good way not
only to look after yourself, but the people who love you. I want to
commend the gentleman for his advocacy on an annual basis and thank him
for yielding the time. I accept the amendment.
Mr. GRAYSON. I reclaim my time.
I want to thank the chairman for his kind and insightful words, and I
want to thank the chairman for his leadership in making sure that the
healthcare needs of those who serve are met.
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 Ms. Speier

Ms. SPEIER. 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)''.
Page 36, line 1, after the dollar amount, insert
``(increased by $5,000,000)''.
Page 36, line 9, after the dollar amount, insert
``(increased by $5,000,000)''.
Page 36, line 20, after the dollar amount, insert
``(increased by $5,000,000)''.

The Acting CHAIR. Pursuant to House Resolution 303, the gentlewoman
from California and a Member opposed each will control 5 minutes.
The Chair recognizes the gentlewoman from California.
Ms. SPEIER. Mr. Chairman, I yield myself such time as I may consume.
Alzheimer's disease is a threat to our country--not a direct threat
like ISIS or al Qaeda, but it is an insidious, persistent threat to the
minds and bodies of our family members and to the fiscal health of our
country.
The Alzheimer's Association estimates that the cost of caring for
people with Alzheimer's right now through the Medicare system is $226
billion. By the year 2050, it will be $1.1 trillion. This is a genuine
budgetary threat. If it grows unchecked, the cost to Medicare from a
single disease will zap our ability to pay for national security.
Interestingly enough and timely enough, on the front page of USA Today
is a story that reads how 15 percent of seniors account for nearly one-
half of Medicare spending.
We also have an epidemic among our soldiers. It is called traumatic
brain injury, known as the signature wound of veterans from Afghanistan
and Iraq. It affects our soldiers at a much higher rate than the
civilian population, and the VA projects its 10-year costs at $2.2
billion.
TBI is also closely linked to Alzheimer's. For 30 years, we have
known about a clear correlation between TBI and the risk of developing
Alzheimer's disease and other types of dementia. By researching the
link between TBI and Alzheimer's, we can help cure both.
I applaud the chairman and ranking member of the Subcommittee on
Defense of the Committee on Appropriations for increasing the funding
for the Peer Reviewed Alzheimer's Research Program from $12 million to
its presequestration levels of $15 million, but the funding for
Alzheimer's research in the United States is still underresourced.
Today, I am offering this amendment to increase the funding for the
Peer Reviewed Program by $5 million, which would take it up to $20
million. This modest investment on the front end in research can
eventually yield billions in savings in the future on the cost of care.
That is why I urge my colleagues to support our servicemembers with TBI
and Alzheimer's and vote ``yes'' on this amendment.
Mr. Chairman, I thank the Members on both sides of the aisle.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from California (Ms. Speier).
The amendment was agreed to.

Amendment Offered by Mr. Takai

Mr. TAKAI. 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 $25,000,000) (increased by
$25,000,000)''.

The Acting CHAIR. Pursuant to House Resolution 303, the gentleman
from Hawaii and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Hawaii.
Mr. TAKAI. Mr. Chairman, I yield myself such time as I may consume. I
would first like to thank the chairman and the ranking member for this
opportunity.
Mr. Chairman, I offer this amendment with Mr. Jones of North
Carolina. Our bipartisan amendment would increase DOD's supplemental
impact aid to $55 million, $25 million more than appropriated in the
bill currently. This would benefit schools in almost every school
district that hold a military installation. Schools that had 20 percent
average daily attendance of military-dependent students in the
preceding year as counted on their Federal impact aid application are
eligible to receive funding on an annual basis.
Congress has recognized the needs faced by many school districts
educating a large number of military children and has consistently
provided increases in this aid; yet last year, in fiscal year 2015,
this funding was dropped from $45 million to $25 million. This is not
enough. With the stress put on military kids throughout the past years,
this aid should be increasing, not decreasing.
The education of a military child is a military readiness issue. The
men and women serving in the military today have to rely on local
school districts to provide quality education and counseling programs
for their students and children.
Earlier this year, a letter signed by many Members of this Congress
and endorsed by multiple organizations asking for this critical program
to be fully supported at $50 million for DOD impact aid, with $5
million for children of military families with severe disabilities, was
sent to the House Committee on Appropriations. As we know, we have to
offset any funding increase for one program with another if we play by
the rules, and I have done so with this amendment.
Our amendment is fully offset by using funding from an Office of the
Secretary of Defense servicewide administration account, O&M
defensewide. The children are our future, and many that grow up in our
military families today will be the military leaders of our future. I
urge my colleagues to vote for this amendment.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Hawaii (Mr. Takai).
The amendment was agreed to.

Amendment Offered by Mr. Conyers

Mr. CONYERS. 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 $15,000,000)''.
Page 74, line 8, after the dollar amount, insert
``(increased by $10,000,000)''.
Page 74, line 12, after the dollar amount, insert
``(increased by $10,000,000)''.

The Acting CHAIR. Pursuant to House Resolution 303, the gentleman
from Michigan and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Michigan.
Mr. CONYERS. Ladies and gentlemen of the House, this amendment is
designed specifically to support the men and women of the United States
Armed Forces and to dramatically improve their quality of life while
they are deployed.
On a daily basis, the United Service Organizations, USO, reaches
United States military members in numerous ways. They provide calling
cards at deployed locations for servicemembers to call their families.
They provide toiletries and necessities for deployed servicemembers and
those in austere locations. They are the first persons to

[[Page H4066]]

welcome back redeploying servicemembers. They volunteer to run morale
and welfare tents offering Internet connectivity for deployed
locations. Connecting troops to their families through calling cards
and the Internet is just part of the USO's 40-plus program repertoire,
but it is incredibly important to our deployed men and women and to
their spouses, parents, siblings, and children.
In an era where our servicemembers are fighting prolonged wars,
connecting them to their families and friends back home is a service to
our military that we cannot afford to underfund. In fact, 93 percent of
troops surveyed in 2012 agreed that USO services boost morale, ease
separation from friends and family, and convey a feeling of support to
the servicemember. Unfortunately, however, our deployed servicemembers
too often go to the USO tent only to find that USO provisions,
including supplies and calling cards, have run out. Increasing funding
to the USO will help alleviate this unacceptable problem.
In the proposed fiscal year 2016 Defense Appropriations bill, the USO
is funded at just $20 million. This amendment will reduce the
operations and maintenance defensewide account by less than one two-
thousandths, while having an immeasurable impact on the quality of life
of our servicemen and -women.
It is past time that we direct sufficient funds to the quality of
life of the men and women that sacrifice everything to defend our
Nation. I urge Members on both sides of the aisle to support it.
Mr. FRELINGHUYSEN. Will the gentleman yield?
Mr. CONYERS. I yield to the gentleman from New Jersey.
Mr. FRELINGHUYSEN. I would like to salute the dean of the House for
his strong support of the USO. Over 40 years ago, I was one of those
soldiers, and it made a real difference in my life.
All of us want to thank the gentleman for his significant leadership
here over so many years and for choosing this incredibly wonderful
organization to plus up.
I thank the gentleman for yielding.
Mr. CONYERS. I thank the chairman.
Mr. Chairman, I urge support for the amendment. I yield back the
balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Michigan (Mr. Conyers).
The amendment was agreed to.

Amendment Offered by Mr. Keating

Mr. KEATING. 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 $1,000,000)''.
Page 36, line 1, after the dollar amount insert the
following: ``(increased by $1,000,000)''.
Page 36, line 9, after the dollar amount insert the
following: ``(increased by $1,000,000)''.
Page 36, line 20, after the dollar amount insert the
following: ``(increased by $1,000,000)''.

Mr. FRELINGHUYSEN. Mr. Chairman, I reserve a point of order. We
haven't received a copy of the amendment. We would like to see a copy
of the amendment if that would be possible. That is the reason for the
reservation.
The Acting CHAIR. The Clerk will distribute copies of the amendment.
A point of order is reserved.
Pursuant to House Resolution 303, the gentleman from Massachusetts
and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Massachusetts.
Mr. KEATING. Mr. Chairman, I rise today to offer an amendment to add
an additional $1 million for research and development for Duchenne
muscular dystrophy. Duchenne muscular dystrophy is the most common
lethal genetic disorder affecting American children today.

{time} 1800

It is a progressive neuromuscular disorder that affects approximately
1 in every 3,500 boys or 200,000 babies born each year worldwide. Over
time, patients experience severe loss of muscle strength and control.
Most boys diagnosed with Duchenne lose their ability to walk by the
time they become teenagers. There is no known cure for Duchenne, and
life expectancies for individuals with this disease are significantly
shortened. Many do not live past their 21st birthday.
Like many of my colleagues, I have met with many Duchenne patients
and their families and have seen the impact this disease has and what
it imparts on their daily lives.
There have been very promising advances in recent years, including
development of a new drug which has achieved success in early clinical
trials. I have had one child in my district confined to a wheelchair
who, under this clinical trial, is able to walk by himself currently.
However, much more work needs to be done to find a cure for this
disease and to better understand what causes Duchenne in the first
place.
This amendment will directly benefit the thousands of Duchenne
patients throughout the United States, as well as their countless loved
ones who care for them every day. By increasing funding for peer-
reviewed research, institutions across the country will have additional
resources necessary to make progress on eliminating this devastating
disease.
We as a nation are on the cusp of historic progress in advancing
critical research. Now is the time to recommit to robust support of our
country's biomedical research for this disease.
In closing, I would like to thank the countless physicians,
researchers, and scientists who work tirelessly to find a cure for
Duchenne. I would also like to thank the Jett Foundation, which has
long been a national leader in increasing awareness and providing
support for patients and their families.
I urge my colleagues to support my amendment, and I thank the chair
and ranking member for their consideration.
I reserve the balance of my time.
Mr. FRELINGHUYSEN. Mr. Chairman, I continue to reserve my point of
order. We are doing a little more homework on the amendment. Certainly,
I am supportive of it.
I claim the time in opposition, although I support the amendment.
The Acting CHAIR. Without objection, the gentleman from New Jersey is
recognized for 5 minutes.
There was no objection.
Mr. VISCLOSKY. Will the gentleman yield?
Mr. FRELINGHUYSEN. I yield to the gentleman from Indiana.
Mr. VISCLOSKY. I understand the gentleman's concern is the lack of
the copy of the amendment?
Mr. FRELINGHUYSEN. I think we wanted to make sure we have the figures
that go with what it is set against.
Mr. Chairman, we want to make sure it comports to the rule of the
House. We are not against it. We just want to make sure it is in order.
I reserve the balance of my time.
Mr. KEATING. Mr. Chairman, I apologize. We had moved this with a
later change to the defensewide operations and maintenance fund for the
pay-for for this; that probably explains this balance, but it is coming
from that portion. The $1 million, I think, is in excess, if my memory
is correct, of the $3.5 million that is already there.
We are able to leverage this for a greater opportunity to move
quickly on this. That is the rationale. That is where it came from.
I reserve the balance of my time.
Mr. FRELINGHUYSEN. While I check the figures to make sure that it is
properly offset, I continue to reserve my point of order.
Mr. KEATING. I would just like to ask the gentleman from New Jersey
(Mr. Frelinghuysen), the chairman, if that information is currently
being analyzed now.
Mr. FRELINGHUYSEN. If the gentleman will yield, there is some
consultation going on at the desk. At the conclusion of those
consultations with the Parliamentarian, I will have a better
opportunity to respond in, hopefully, a more positive fashion.
I reserve the balance of my time.
Mr. KEATING. I thank the chairman for the effort he is going through
and the consideration he is giving with this.
Many times, we have the opportunity to talk to families and deal with
issues. In this particular instance, we have an opportunity. As I
mentioned, we are right on the cusp of very significant research.
Leveraging a small additional

[[Page H4067]]

amount now would have tremendous ramifications.
I was just completely struck by the fact that I saw a person--a young
boy in his teens, confined to a wheelchair, like so many of those
afflicted with this terrible disease have had to suffer through, and as
a result of those clinical trials, to see that person no longer in a
wheelchair and up and ambulatory and walking, those are the type of
dramatic improvements we are on the cusp of right now.
That is why this amendment just seeks to get an incremental increase
with that because I think it would be leveraged and have enormous
significance as a result.
I reserve the balance of my time.
Mr. FRELINGHUYSEN. While I continue to reserve, let me compliment the
gentleman on his amendment, as we do further investigation on the
offsets.
Medical research for diseases that affect our military members and
their families are a priority of our committee; you can be sure of
that. That is why our bill includes $3.2 million, again, this year for
the Duchenne Muscular Dystrophy Research Program.
The committee has provided, which I think would be of interest, more
than $43 million for this research area since fiscal year 2003, and you
have alluded to it, but research breakthroughs in this area will only
help those suffering from this debilitating disease, but will also help
research in other various muscular and motor neuron diseases.
I think the research is absolutely essential, and I think we are
closer to a resolution of the issue that would allow me to withdraw my
reservation. I thank the gentleman for his indulgence.
I would be happy to withdraw my reservation of the point of order and
support the amendment.
I yield back the balance of my time.
The Acting CHAIR. The reservation is withdrawn.
Mr. KEATING. Mr. Chairman, I thank the gentleman for his indulgence
and patience and the good work he has done in this respect, and I yield
back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Massachusetts (Mr. Keating).
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,
$2,644,274,000.

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,
$999,621,000.

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, $276,761,000.

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, $2,815,862,000.

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), $6,731,119,000.

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, $6,605,400,000.

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, $14,078,000, 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, $234,829,000, 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.

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 13, line 18, after the dollar amount, insert
``(reduced by $1,000,000)''.
Page 36, line 1, after the dollar amount, insert
``(increased by $1,000,000)''.
Page 36, line 9, after the dollar amount, insert
``(increased by $1,000,000)''.

The Acting CHAIR. Pursuant to House Resolution 303, the gentlewoman
from Texas and a Member opposed each will control 5 minutes.
The Chair recognizes the gentlewoman from Texas.
Ms. JACKSON LEE. Again, I want to begin by thanking the chairman of
the subcommittee and the ranking member of the subcommittee and their
staff because I have worked on this in past appropriations and had the
privilege of receiving the support of both the chair and the ranking
member on the question of post-traumatic stress disorder.
I heard the chairman mention both Chairman Young and Chairman Murtha.
Over the years, I have had the privilege of working with them on this
question of post-traumatic stress disorder.
I just want to use a little anecdote, particularly as it relates to
Vietnam vets. Many of us remember Vietnam vets coming back and, some
long years later, getting a better understanding of Agent Orange. I
remember a Vietnam vet telling me about it, but as he indicated, they
mentioned it or spoke about it or tried to explain it when they came
back directly from Vietnam.
It was a long time before the understanding came about Agent Orange,
and in years going forward, there was great medical care needed,
medical costs needed, because those veterans had been suffering for a
long time.
We now understand post-traumatic stress disorder; and, as I look over
the landscape of the last years of war, Operation Iraqi Freedom and
Operation Enduring Freedom, about 11 to 20 out of every 100 veterans,
or 11 to 20 percent, who served have post-traumatic stress disorder in
any given year.
In the Gulf war, Operation Desert Storm, about 12 out of every 100
Gulf

[[Page H4068]]

war veterans who still live have PTSD in any given year. In the Vietnam
war, about 15 out of every 100 Vietnam vets, or 15 percent, are
currently diagnosed with PTSD. In a recent study in the late 1980s, the
National Vietnam Veterans Readjustment Study stated that it is
estimated about 30 out of every 100.
Other factors contribute to it, and, if you listen to individuals who
have PTSD, they seek to be part of a normal life and to work and
survive and provide for their families.
My amendment is simple. It adds an extra $1 million to increase
funding for PTSD. These funds will be used to outreach activities
targeting hard-to-reach veterans, especially those who are homeless and
reside in underserved urban and rural areas who suffer from post-
traumatic stress disorder.
I had the privilege a couple of years ago to provide a PTSD facility
that was offsite of a veterans hospital in a small, community-based
hospital. Mr. Chairman, the response from veterans was amazing because
they were able to come to an offsite location for counseling in PTSD.
We know that the tragedies of war last with men and women for a very
long time. I am hoping that my colleagues will support this amendment
again to ease the trauma of the thoughts that these men and women have,
the nightmares when they sleep, because they really want to be--as they
are--contributing members of society.
Again, I ask my colleagues to support the Jackson Lee amendment.
Mr. FRELINGHUYSEN. Will the gentlewoman yield?
Ms. JACKSON LEE. I yield to the gentleman from New Jersey.
Mr. FRELINGHUYSEN. Let me commend the gentlewoman for your strong
advocacy.
Just for the record, our bill does provide $155 million, including a
plus up of $1 million above the request level of $55 million, for
traumatic brain injury and psychological health research.
Additionally, our bill includes $676 million in operation and
maintenance funding within the Department of Health program to care for
servicemembers affected by TBI and psychological health injuries.
We welcome the additional money; we accept your amendment, and I
commend you for your efforts.
Ms. JACKSON LEE. Reclaiming my time, I applaud the compassion that
the chairman and the ranking member have had in the writing of this
legislation, highlighting several very important points needed for our
servicemen and -women, and I am grateful for the support of the
additional resources, continuing the advocacy for them.
In closing, let me thank this Congress for the wounded warrior that I
have in my office. He is someone who suffers from PTSD. He has been an
excellent staff person in reaching out to the veterans throughout my
community.
He is an example of the fact that, when you have treatment, you can
be part of contributing to society, as they all want to be, even with
some of the challenges they have.
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 virtually identical to an amendment that I offered and was
adopted in last year's Defense Appropriations Act (H.R. 2685).
My amendment increases funding for the PTSD by $1,000,000. These
funds should be used toward outreach activities targeting hard to reach
veterans, especially those who are homeless or reside in underserved
urban and rural areas, who suffer from Post Traumatic Stress Disorder
(PTSD).
Mr. Chair, along with traumatic brain injury, PTSD is the signature
wound suffered by the brave men and women fighting in Afghanistan,
Iraq, and far off lands to defend the values and freedom we hold dear.
For those of us whose daily existence is not lived in harm's way, it
is difficult to imagine the horrific images that American servicemen
and women deployed in Iraq, Afghanistan, and other theaters of war see
on a daily basis.
In an instant a suicide bomber, an IED, or an insurgent can
obliterate your best friend and right in front of your face. Yet, you
are trained and expected to continue on with the mission, and you do,
even though you may not even have reached your 20th birthday.
But there always comes a reckoning. And it usually comes after the
stress and trauma of battle is over and you are alone with your
thoughts and memories.
And the horror of those desperate and dangerous encounters with the
enemy and your own mortality come flooding back.
PTSD was first brought to public attention in relation to war
veterans, but it can result from a variety of traumatic incidents, such
as torture, being kidnapped or held captive, bombings, or natural
disasters such as floods or earthquakes.
People with PTSD may startle easily, become emotionally numb
(especially in relation to people with whom they used to be close),
lose interest in things they used to enjoy, have trouble feeling
affectionate, be irritable, become more aggressive, or even become
violent.
They avoid situations that remind them of the original incident, and
anniversaries of the incident are often very difficult.
Most people with PTSD repeatedly relive the trauma in their thoughts
during the day and in nightmares when they sleep. These are called
flashbacks. A person having a flashback may lose touch with reality and
believe that the traumatic incident is happening all over again.
Mr. Chair, the fact of the matter is that most veterans with PTSD
also have other psychiatric disorders, which are a consequence of PTSD.
These veterans have co-occurring disorders, which include depression,
alcohol and/or drug abuse problems, panic, and/or other anxiety
disorders.
My amendment recognizes that these soldiers are first and foremost,
human. They carry their experiences with them.
Ask a veteran of Vietnam, Iraq, or Afghanistan about the frequency of
nightmares they experience, and one will realize that serving in the
Armed Forces leaves a lasting impression, whether good or bad.
My amendment will help ensure that ``no soldier is left behind'' by
addressing the urgent need for more outreach toward hard to reach
veterans suffering from PTSD, especially those who are homeless or
reside in underserved urban and rural areas of our country.
I urge my colleagues to support the Jackson Lee amendment.
Mr. Chairman, I ask for support of the amendment, and I yield back
the balance of my time.

{time} 1815

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:

Environmental Restoration, Navy

(including transfer of funds)

For the Department of the Navy, $300,000,000, 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.

Amendment Offered by Mr. Lamborn

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

Page 14, line 13, after the dollar amount insert the
following: ``(reduced by $10,290,000)''.
Page 33, line 3, after the dollar amount insert the
following: ``(increased by $10,290,000)''.

[[Page H4069]]

But I want to thank the chairman of the subcommittee, Chairman
Frelinghuysen, and Ranking Member Visclosky, for their leadership.
Now, this is an important amendment though. My amendment would
protect from possible cancellation an innovative program that promises
to provide a breakthrough capability for a very small amount of money.
Right now, if Iran or North Korea launches a ballistic missile attack
on our homeland, we, unfortunately, have no enhanced way of knowing
whether or not our defensive missiles actually hit the target or not.
That is why the Missile Defense Agency is executing a promising and
groundbreaking space sensor system called Space-Based Kill Assessment.
The U.S. desperately needs improved sensors in space to provide
tracking, discrimination, and more. A robust, multimission space sensor
network will be vital to ensuring a strong missile defense program.
Without this, we might otherwise waste extremely expensive ground-based
interceptors, costing the taxpayer more money, and depleting our
limited number of interceptors.
The Space-based Kill Assessment program cannot survive a 50 percent
cut. Program cancellation may result, and it would waste taxpayer
dollars already invested and would also fail to meet congressional
intent to have an initial operating kill assessment capability by 2019.
This experiment, up until today, has had zero scheduling delays since
it was conceived in fiscal year 2014.
Finally, this program is a great example of the cost savings and
other benefits the government can leverage through commercially-hosted
satellite payloads. This program, and other similar efforts, are
critical to ensuring that the United States stays ahead of future
ballistic missile threats.
I would hope that this amendment would have been adopted because it
would take money from a lower priority fund and put it into critical
ballistic missile defense against our homeland.
Mr. FRELINGHUYSEN. Will the gentleman yield?
Mr. LAMBORN. I yield to the gentleman from New Jersey.
Mr. FRELINGHUYSEN. Allow me to commend the gentleman from Colorado
for pointing up the value of what he talks about here. And let me
promise to him that I am sure I will be working very closely with Mr.
Visclosky to see what we can do to elevate our investment and our
knowledge and support for this program.
I do appreciate your willingness to withdraw the amendment and regret
that the outlay issue somewhat has complicated matters on the floor
this evening.
Mr. LAMBORN. Reclaiming my time, I appreciate the subcommittee
chairman's words, and I will certainly work with him on that effort.
Mr. Chairman, I ask unanimous consent to withdraw my amendment.
The Acting CHAIR. Is there objection to the request of the gentleman
from Colorado?
There was no objection.
The Acting CHAIR. The Clerk will read.
The Clerk read as follows:

Environmental Restoration, Air Force

(including transfer of funds)

For the Department of the Air Force, $368,131,000, 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.

Environmental Restoration, Defense-Wide

(including transfer of funds)

For the Department of Defense, $8,232,000, 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, $228,717,000, 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.

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),
$103,266,000, to remain available until September 30, 2017.

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, $358,496,000, to remain
available until September 30, 2018.

Department of Defense Acquisition Workforce Development Fund

For the Department of Defense Acquisition Workforce
Development Fund, $84,140,000.

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,
$5,336,971,000, to remain available for obligation until
September 30, 2018.

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,
$1,160,482,000, to remain available for obligation until
September 30, 2018.

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

[[Page H4070]]

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, $1,805,773,000, to remain available for
obligation until September 30, 2018.

Amendment Offered by Mr. Heck of Nevada

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

Page 20, line 17, after the dollar amount, insert
``(reduced by $100,000,000) (increased by $100,000,000)''.

The Acting CHAIR. Pursuant to House Resolution 303, the gentleman
from Nevada and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Nevada.
Mr. HECK of Nevada. Mr. Chairman, my amendment would direct the Army
to prioritize the modernization of the oldest Bradley Fighting Vehicles
in the fleet.
The Army maintains a program to modify and standardize its Bradley
Fleet to two digital configurations, the M2A3 and the M2A2 ODS-SA.
These two variants are the most advanced versions of the Bradley
Fighting Vehicle and provide our soldiers significant improvements in
survivability and force protection.
These upgrades feature advanced digitized electronics to provide
troops with optimal situational awareness, network connectivity, and
enhanced communication hardware within the heavy brigade combat team.
Almost all units within the Active Army components and prepositioned
stocks are fielded with these digital configurations. Unfortunately,
there are still National Guard units that have not yet received these
upgrades and are fielded with obsolete, nonstandard, nondigital M2A2
Operation Desert Storm variants.
Maintaining these outdated vehicles within the National Guard will
severely restrict our servicemembers' ability to maintain proficiency
in the technical requirements necessary to operate the advanced digital
Bradleys utilized in combat operations.
This will result in significant degradation of combat effectiveness
of these units and poses a significant risk to units who deploy with
the older Bradley variant, or train on the older variant but fall in on
the newer models in theater.
Furthermore, servicemembers within these units will face significant
and unnecessary challenges in maintaining their Military Occupational
Specialty qualifications.
Mr. Chairman, the Army has an existing program of record for the
remanufacturing of Bradley vehicles to attain updated digital
configurations. It exists within the President's budget under
Procurement of Weapons and Tracked Vehicles: Bradley Modifications.
This year's budget request includes $225 million for Bradley
modifications. Unfortunately, none of these funds were designated for
the Bradley Fighting Vehicles digital upgrades. In fact, the
President's budget does not provide funding for these upgrades over the
entire FYDP.
So it is unclear whether or not these Operation Desert Storm-era
Bradley vehicles will ever receive the upgrades necessary to make them
combat effective or adequate training platforms. It is for this reason
I am offering this amendment.
My amendment would designate and fence off $100 million of the $1.8
billion under the Army's procurement of weapons and tracked combat
vehicles accounts to prioritize and upgrade the oldest Bradley Fighting
Vehicles in the fleet. This is 0.005 percent of the total
appropriation.
The $100 million is less than half of what is necessary to upgrade
the remaining nondigital, nonstandard variants, but it is an important
step to ensuring that the combat formations within our National Guard
maintain the combat effectiveness and readiness they have attained over
the last decade.
I urge my colleagues to support this amendment, and I reserve the
balance of my time.
Mr. FRELINGHUYSEN. Mr. Chairman, I very much regret that I must rise
in opposition to the amendment.
The Acting CHAIR. The gentleman from New Jersey is recognized for 5
minutes.
Mr. FRELINGHUYSEN. I very much regret that I rise in opposition to
the amendment, knowing what a strong supporter of our national defense
the gentleman from Nevada is and what a strong supporter he is of the
National Guard, not only across the Nation, but in his own State. And I
regret even more so since we have been talking about this for several
weeks. I feel badly that I have to rise.
The amendment, as the gentleman has stated, directs the Secretary of
the Army to repurpose approximately one-half of the $225 million in the
budget request that was requested and included for the Bradley Fighting
Vehicle Upgrade Program.
The amendment would direct the Army to revise the schedule for the
Bradley Upgrade Program by accelerating the schedule for providing more
modern Bradley Fighting Vehicles to the 1st Squadron of the 221st
Armored Cavalry of the Nevada National Guard, which I am sure is most
deserving because, as he said, they have the oldest of the oldest.
Having said that, the schedule change would disrupt, as I am advised,
a carefully synchronized plan for Abrams Tank and Bradley Fighting
Vehicle modernization and would cause production breaks at both
manufacturing lines.
The production break would also add significant startup costs to the
Bradley Engineering Change Proposal 2. In other words, this amendment
would throw out of balance the Army-wide armor modernization plans and
drive up costs in order for one squadron of one State's Guard forces to
receive more modern vehicles.
As you can tell, Mr. Chairman, from my rather convoluted response, I
am prepared to work with the gentleman from Nevada to assist him, but
at this point, I need to regretfully oppose his amendment.
Mr. VISCLOSKY. Will the gentleman yield?
Mr. FRELINGHUYSEN. I yield to the gentleman from Indiana.
Mr. VISCLOSKY. I appreciate the chairman's offer to work with the
gentleman as we proceed but would associate myself with the chairman's
concerns relative to the amendment that has been offered and,
particularly, with an emphasis to the break in production, which I
think is a very serious issue.
So I do want to associate myself with the chairman's concerns and
objection that he has raised, but again, his willingness to work with
the gentleman in the future.
Mr. FRELINGHUYSEN. Reclaiming my time, I do recommend a ``no'' vote,
but I certainly make a, I hope, valid offer to work with the gentleman
because I know that he is going to be working on me to make sure that
this occurs, and I want to be helpful to him. I thank the gentleman.
I yield back the balance of my time.
Mr. HECK of Nevada. Thank you both, Mr. Chairman and ranking member,
for your offer to work with me to try to rectify the situation where we
have an important National Guard unit that is dealing with and working
with Desert Storm-era Bradley Fighting Vehicles and, yet, expected to
be ready to deploy on to the newer materiel in theater should they ever
be called.
With your assurance to work with me on this effort, I appreciate
that.
I ask unanimous consent to withdraw my amendment.
The Acting CHAIR. Is there objection to the request of the gentleman
from Nevada?
There was no objection.
The Acting CHAIR. The Clerk will read.
The Clerk read as follows:

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

[[Page H4071]]

plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the
foregoing purposes, $1,007,778,000, to remain available for
obligation until September 30, 2018.

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,
$5,230,677,000, to remain available for obligation until
September 30, 2018.

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, $16,871,819,000, to remain available
for obligation until September 30, 2018.

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,
$2,998,541,000, to remain available for obligation until
September 30, 2018.

Procurement of Ammunition, Navy and Marine Corps

Shipbuilding and Conversion, Navy

(including transfer of funds)

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, $1,559,977,000;
Carrier Replacement Program (AP-CY), $874,658,000;
Virginia Class Submarine, $3,346,370,000;
Virginia Class Submarine (AP), $1,971,840,000;
CVN Refueling Overhaul, $637,588,000;
CVN Refueling Overhauls (AP), $14,951,000;
DDG-091000 Program, $433,404,000;
DDG-0951 Destroyer, $3,012,904,000;
Littoral Combat Ship, $1,347,411,000;
LPD-0917, $550,000,000;
Afloat Forward Staging Base, $635,000,000;
LHA Replacement (AP-CY), $277,543,000;
TAO Fleet Oiler, $674,190,000;
Moored Training Ship (AP), $138,200,000;
Ship to Shore Connector, $255,630,000;
Service Craft, $30,014,000;
YP Craft Maintenance ROH/SLEP, $21,838,000;
LCAC Service Life Extension Program, $80,738,000; and
For outfitting, post delivery, conversions, and first
destination transportation, $601,008,000.
Completion of Prior Year Shipbuilding Programs,
$389,305,000.
In all: $16,852,569,000, to remain available for
obligation until September 30, 2020, of which $389,305,000
shall remain available until September 30, 2016, to fund
completion of prior year shipbuilding programs: Provided,
That amounts made available for prior year shipbuilding
programs may be transferred to and merged with appropriations
made available for such purposes in prior Acts: Provided
further, That additional obligations may be incurred after
September 30, 2020, 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,
$6,696,715,000, to remain available for obligation until
September 30, 2018.

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, $973,084,000,
to remain available for obligation until September 30, 2018.

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, $14,224,475,000, to remain
available for obligation until September 30, 2018: Provided,
That of the funds provided under this heading for F-35A Joint
Strike Fighter airframes and contractor furnished equipment,
no more than the amount necessary to fully fund procurement
of 36 airframes and associated contractor furnished equipment
may be obligated until the Secretary of Defense certifies to
the congressional defense committees that the Department of
Defense has accepted Autonomic Logistics Information System
equipment that meets requirements to support a declaration of
Air Force initial operating capability for the Joint Strike
Fighter.

Missile Procurement, Air Force

For construction, procurement, and modification of
missiles, 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, $2,334,165,000, to remain available
for obligation until September 30, 2018.

Space Procurement, Air Force

For construction, procurement, production, and
modification of 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,
$1,935,034,000, to remain available for obligation until
September 30, 2018.

Procurement of Ammunition, Air Force

For construction, procurement, production, and
modification of ammunition, and

[[Page H4072]]

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, $253,496,000, to remain available for
obligation until September 30, 2018.

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, $15,098,950,000, to remain available for obligation
until September 30, 2018.

{time} 1830

Amendment Offered by Mr. Latta

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

Page 30, line 17, after the dollar amount, insert
``(increased by $35,000,000)''.
Page 33, line 3, after the dollar amount, insert ``(reduced
by $49,000,000)''.

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 303, the gentleman from Ohio and a
Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Ohio.
Mr. LATTA. Mr. Chairman, I rise today to offer an amendment, and I
will later withdraw that amendment.
The amendment I am offering today is a simple, commonsense amendment
that fulfills a critical need for our Air National Guard, who stand
watch while performing the 24/7 Aerospace Control Alert mission as
diligently today as they have after the attacks on 9/11. This mission
is carried out by several Guard units across the country, including the
180th Fighter Wing in Toledo, Ohio, whom I have the great honor to
represent, and by the D.C. Air National Guard, who are less than 15
miles away from this Capitol. These servicemen and -women also serve in
combat theater operations overseas when they are called upon and play a
vital role in fighting foreign threats.
This amendment would provide funding for an additional ARC-210 or
equivalent radio in the Air National Guard's F-16s. These radios have a
capability for secure line-of-sight and beyond line-of-sight
communication, providing the ability to securely communicate with
ground forces and command and control. However, one radio in the
aircraft does not allow for the simultaneous contact with them.
Currently, Air National Guard F-16s only have one ARC-210 radio that
works on an ultrahigh frequency band, and it is this band that most
command and control and air traffic control agencies use. An additional
second radio will simultaneously allow Air National Guard F-16s to
communicate with command and control agencies and coalition troops on
the ground in places like Iraq and Afghanistan and dense threat
environments.
Members of the Air National Guard, along with fulfilling their duties
of protecting our borders against those who wish to do us harm, also
deploy with our Active Duty military, side by side, on the front lines
in overseas conflicts. In fact, the request to have these additional
radios comes from the combat commanders in such theaters around the
world. So not only is this needed at home, but also abroad. The Air
National Guard designates the need to have this capability as
``critical.''
My offset for this amendment is the Defense Rapid Innovation program,
a program intended to take off-the-shelf technology and put it in the
hands of the warfighter as soon as possible. My amendment would do just
that. It takes low-cost existing technology and puts it to work for our
warfighters today.
As I said, I am prepared to withdraw the amendment, but I want to say
I want to commend the gentleman from New Jersey and his committee staff
and all the members of the committee for their hard work on this
legislation.
Mr. Chairman, I reserve the balance of my time.
Mr. FRELINGHUYSEN. Mr. Chairman, I rise in opposition to speak on the
gentleman's amendment.
The Acting CHAIR. The gentleman from New Jersey is recognized for 5
minutes.
Mr. FRELINGHUYSEN. Mr. Chairman, I rise to thank the gentleman from
Ohio for his strong support of national defense, his incredible
dedication to the National Guard, and his great service to the State of
Ohio.
His amendment, while it will be withdrawn, as he said, is intended to
provide radio equipment for the Air National Guard F-16s but was only
recently brought to our committee's attention. Should the Air Guard
choose to purchase the ARC-210 radios with NGREA funding, which the
committee has provided quite a lot of money for, the committee would
support their decision.
We are sensitive to the need of the Air Guard, yet the committee
needs to do its due diligence. Ranking Member Visclosky and I look
forward to working with you and your staff on this important issue, as
we have already been doing, and appreciate your indulgence and
willingness to withdraw the amendment.
I yield back the balance of my time.
Mr. LATTA. I thank the gentleman for his willingness and especially
for his dedication and support for our Air National Guard.
Mr. Chairman, I ask unanimous consent to withdraw the amendment.
The Acting CHAIR. Is there objection to the request of the gentleman
from Ohio?
There was no objection.

Amendment Offered by Mr. Bridenstine

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

Page 30, line 17, after the dollar amount, insert
``(reduced by $25,000,000)''.
Page 33, line 3, after the dollar amount, insert
``(increased by $25,000,000)''.

The Acting CHAIR. Pursuant to House Resolution 303, the gentleman
from Oklahoma and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Oklahoma.
Mr. BRIDENSTINE. Mr. Chairman, I thank the distinguished chairman of
the Defense Appropriations Subcommittee for bringing this bill to the
floor.
The Bridenstine-Rogers-Turner-Poe amendment is not a reflection of
concern with what is a good bill under the circumstances. The
Bridenstine-Rogers-Turner-Poe amendment would appropriate $25 million
to fund military responses to Russia's continuing violation of the 1987
Intermediate-Range Nuclear Forces Treaty, the INF Treaty. This is the
exact same amount that the House Armed Services Committee, the HASC,
authorized recently in a bipartisan and noncontroversial provision in
H.R. 1735, which passed the House Armed Services Committee on a 60-2
vote.
Senior DOD officials, from the Secretary of Defense to lesser Senate-
confirmed officials, have testified that the United States is
considering a range of military options to respond to Russia's
violation of the INF Treaty. DOD defines these as countervailing and
counterforce options. What do these include?
Number one, extending the range of the Army's current Army Tactical
Missile System, ATacMS; land-basing Tomahawk or otherwise modifying
similar capabilities; and also other capabilities per classified DOD
reporting.
The emphasis should be on modifying current systems as opposed to
developing brand-new capabilities, which would take longer and cost far
more.
This amendment is imperative to ensuring that another year isn't
allowed to go by before Russia's President, Vladimir Putin, is made to
understand that he cannot profit by his violation of the INF Treaty.

[[Page H4073]]

As The New York Times reported on June 5, following the submission of
the most recent State Department annual report on arms control
compliance: ``American officials have made no discernible headway in
persuading the Russians to acknowledge the compliance problem, let
alone resolve it. . . . In December, the Pentagon told Congress that it
had developed a range of military options to pressure Russia to remedy
the violation or neutralize any advantages it might gain if diplomatic
efforts fail. Brian P. McKeon, a senior Pentagon official, told
Congress that . . . if a diplomatic solution was not found, `This
violation will not go unanswered.' ''
Mr. Chairman, I urge the support of all Members for the Bridenstine-
Rogers-Turner-Poe amendment.
I reserve the balance of my time.
Mr. VISCLOSKY. Mr. Chair, I rise in opposition to the amendment.
The Acting CHAIR. The gentleman from Indiana is recognized for 5
minutes.
Mr. VISCLOSKY. Mr. Chair, I appreciate the gentleman's concern
relative to Russia and his desire to make sure that they do abide by
the existing treaty.
Certainly, I would acknowledge that they have invaded the country of
Ukraine. They control a quarter of that country's industrial
production, and as the gentleman has indicated, are very concerned
about their violation potentially of the treaty that exists.
My concern is that the gentleman's amendment is premature. He is
absolutely correct that the authorizing committee in this body did pass
legislation that you are trying to address with your amendment. The
other body has not yet acted.
Additionally, I would point out--and again, I think the gentleman is
absolutely correct--that DOD is considering a range of options. You
have enumerated at least three of them, I think, very correctly.
Again, I think it is premature, given the fact that we are still, as
a country, considering what options should be utilized to deal with
this very serious question that the gentleman raises. Given the fact
that we don't have direct authorization and we are considering options,
while I agree with the intent, I would have to object to the timing of
the gentleman's amendment.
I reserve the balance of my time.
Mr. BRIDENSTINE. Mr. Chair, I would just argue that, while it is true
that the other body has not acted on this yet, it is also true that
this body has already acted in the Defense Authorization bill. It came
through committee, and certainly it had overwhelming support in
committee and overwhelming support on the floor of the House.
I think that the will of this body ought to be done by all of my
colleagues supporting this very important amendment and to make sure
that Russia understands that they cannot go unchecked when they violate
a treaty of this magnitude.
I yield back the balance of my time.
Mr. VISCLOSKY. Mr. Chair, I will simply conclude by again expressing
sympathy for the aim of the gentleman but pointing out that to
appropriate money, we need authority. We do not yet have that, given
the absence of action by the Senate and signature of the authorization
into law by the President. I would ask my colleagues to oppose the
gentleman's amendment.
I yield back the balance of my time.
The Acting CHAIR (Mr. Mooney of West Virginia). The question is on
the amendment offered by the gentleman from Oklahoma (Mr. Bridenstine).
The amendment was rejected.
The Acting CHAIR. The Clerk will read.
The Clerk read as follows.

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, $5,143,095,000, to remain
available for obligation until September 30, 2018.

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 31, line 7, after the dollar amount, insert ``(reduced
by $10,000,000)''.
Page 36, line 1, after the dollar amount, insert
``(increased by $10,000,000)''.
Page 36, line 9, after the dollar amount, insert
``(increased by $10,000,000)''.

The Acting CHAIR. Pursuant to House Resolution 303, 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 would like to thank the staff,
first, for working with Members and getting Members in order to be able
to present their amendments; and then I want to thank the chairman and
the ranking member for their understanding of this amendment and,
again, make the point that this amendment that I am offering at this
time I have been able to work on with the appropriators over the years.
I am a breast cancer survivor, and as I, myself, was going through
that period, I met women who were experiencing triple negative, which
is a very deadly aspect of breast cancer.
My amendment increases funding for Defense Health Program's research
and development by $10 million, and these funds will address the
question of breast cancer in the United States military.
Just the fact, to take note of the point, that 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 2001.
My amendment will add additional research dealing with this question.
And the good news is that, when the military research component works
on this, there is a great possibility of moving forward.
Breast cancer strikes relatively young military women at an alarming
rate, but male servicemembers, veterans, and their dependents are at
risk as well.
`` `Military people in general, and in some cases very specifically,
are at a significantly greater risk for contracting breast cancer,'
says Dr. Richard Clapp, a top cancer expert at Boston University.
Clapp, who works for the Centers for Disease Control and Prevention on
military breast cancer issues, says life in the military can mean
exposure to a witch's brew of risk factors directly linked to greater
chances of getting breast cancer.''
Just a moment about the triple-negative breast cancer, when I saw
firsthand a very wonderful professional in my community go very
quickly, first at the diagnosis and then the short-term survival that
she experienced.
It is a term used to describe breast cancer whose cells do not have
estrogen receptors and progesterone receptors and do not have an excess
of the HER2 protein on their cell membrane of tumor cells.
So what does that mean? TNBC accounts for between 13 and 25 percent
of all breast cancer in the United States. It is a higher grade, onset
is younger, is more aggressive, and is likely to metastasize.
Currently, 70 percent of women with metastatic triple-negative breast
cancer do not live more than 5 years after being diagnosed, and it
impacts various ethnicities and ethnic groups in a far different way.

{time} 1845

We find that African American women are more likely to be diagnosed
with large tumors, but it impacts women of all backgrounds, racial
backgrounds as well.
So I ask my colleagues to consider this amendment that I have had the
privilege of offering in years past. Might they also take note of the
fact that the amendment would not change the overall level of budget
authority, and it would lower the overall level of outlays.
I ask my colleagues to support the Jackson Lee amendment.
I add this article into the Record, ``A New Drug for Triple Negative
Breast Cancers Seems Promising,'' dated June 5, 2015.

[[Page H4074]]

Again, the research that the United States military can do under the
research development test and evaluation is powerful. There are many
women and men in the military and many women throughout the Nation and
around the world who would benefit greatly from the additional focus on
this very deadly disease, deadly form of breast cancer.
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. 4870).
My amendment increases funding for the Defense Health Program's
research and development by $10 million. These funds will address the
question of breast cancer in the United States military.
Women in the military have had to fight battles against Triple
Negative Breast cancer and far too many of them are losing the battle.
My amendment is designed to advance the study of triple negative
breast cancer which is an aggressive and deadly type of breast cancer.
Currently, 70% of women with metastatic triple negative breast cancer
do not live more than five years after being diagnosed. TNBC accounts
for between 13% and 25% of all breast cancer in the United States.
It is essential to support research to identify multifaceted targeted
treatments for this type of breast cancer.
TNBC is an extremely deadly form of breast cancer.
Unlike traditional forms of breast cancer there are no targeted
treatments for TNBC.
Additional research is necessary to find the molecular cause for TNBC
in order to develop an effective treatment regime.
It is only in the last few years that professionals studying breast
cancer have concluded that breast cancer is not one disease, but many
different forms of cancer all originating in the breast.

Triple-negative breast cancer (TNBC) is a term used to
describe breast cancers whose cells do not have estrogen
receptors and progesterone receptors, and do not have an
excess of the HER2 protein on their cell membrane of tumor
cells
Triple Negative Breast Cancer (TNBC) cells: TNBC accounts
for between 13% and 25% of all breast cancer in the United
States; usually of a higher grade and size; onset at a
younger age; are more aggressive; and are more likely to
metastasize.
Currently, 70% of women with metastatic triple negative
breast cancer do not live more than five years after being
diagnosed.
African American women are 3 times more likely to develop
triple-negative breast cancer than White women.
African-American women have prevalence TNBC of 26% vs. 16%
in non-African Americans women.
The survival rate for breast cancer has increased to 90%
for White women but only 78% for African American Women.
African-American women are more likely to be diagnosed with
larger tumors and more advanced stages of breast cancer.
Currently no targeted treatment for TNBC exists.
Breast cancers with specific, targeted treatment methods,
such as hormone and gene based strains, have higher survival
rates than the triple negative subtype, highlighting the need
for a targeted treatment.
There continues to be a need for research funding for
biomarker selection, drug discovery, and clinical trial
designs that will lead to the early detection of TNBC and to
the development of multiple targeted therapies to treat this
awful disease.

Depending on its stage of diagnosis, triple negative breast cancer
can be extremely aggressive and more likely to recur and metastasize
than other subtypes of breast cancer.
It typically is responsive to chemotherapy, although it can be more
difficult to treat because it is unresponsive to the most effective
receptor targeted treatments.
There is no question that researchers are increasingly recognizing
the importance of TNBC as an entity and focusing their efforts on
several key areas.
On June 5, 2015, it was reported that ``A New Drug For Triple
Negative Breast Cancer Seems Promising--Enzalutamide.''
Research on effective treatment options for triple negative breast
cancer is critically need to improve the survival rates of women who
are diagnosed with the disease.
We must also improve upon tests that can detect triple negative
breast cancer while it is in its early stages, which could increase
survival rates.
I urge my colleagues to support the Jackson Lee Amendment.

[From The Inquisitr, June 7, 2015]

A New Drug For Triple Negative Breast Cancer Seems Promising--
Enzalutamide

Breast cancer. The two words strike fear in nearly
everyone's heart, as, by far, it is the most common cancer
that women can get. In fact, one-out-of-eight women will be
diagnosed at some point in their lives. Early detection
remains the most important tool we have against fighting
breast cancer, but it's only one tool. Not at all tests
reliably show all breast cancers in their early stages, and
many breast cancers are not detected until they begin to
metastasize, or spread to remote locations in the body, which
makes them incurable. They can be treated, but it is
medically deemed impossible to cure at that point in time,
with various metastatic lesions having to be handled as they
appear--which means more chemo, more radiation, more lost
quality of life.
What many people don't realize is that there are actually
several kinds of breast cancer--not all are the same or are
treated the same. Many breast cancers have hormone receptors
which are considered easier to treat the other types, because
when biological therapy denies the tumor of the particular
hormone that feeds it, the tumor dies.
Triple-negative breast cancer, however, does not respond to
hormone or biological therapies--that's because the tumor
does not have those receptors. It also is a particularly
aggressive cancer that usually strikes women in their
childbearing years and moves quickly to the brain and bones.
Lumpectomies, Mastectomies, chemotherapy, and radiation have
been the medical standard, but often with dismal results--the
five year prognosis for triple-negative breast cancer is not
good.
However, a new drug on the market seems promising in the
fight against this disease that takes far too many young
women. A drug used to treat prostate cancer in men seems
promising--called Enzalutamide--shows promise in a subset of
women with advanced triple-negative breast cancer. For women
whose tumors express the androgen receptor (approximately 40
percent) the drug shrank or stopped tumor activity.
Tiffany Traina, a medical oncologist at Memorial Sloan
Kettering Cancer Center in New York, who specializes in
breast cancer, spoke about the trial which included 118
women, 47 percent of which had triple-negative breast cancer
with androgen receptors.
``Enzalutamide is an oral therapy and extremely well
tolerated. We are seeing impressive improvements in
progression-free survival [PFS] and in the clinical benefit
rate. AR by immunohistochemistry is not perfect in predicting
who is going to respond. This is not the whole story. We
found that even those with really low AR expression level
have had great responses [on trial. Combining AR expression
with the gene signature has allowed us to enrich for the
population that appears to truly benefit from enzalutamide.
This is the most exciting data we have had in triple-negative
breast cancer and certainly supports moving this therapy
forward in development.''

Ms. JACKSON LEE. I ask my colleagues to support the Jackson Lee
amendment. Again, I thank the staff, the chairman, and the ranking
member for their commitment to the betterment of the lives of our young
men and women in the United States military.
Mr. Chairman, with that, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from Texas (Ms. Jackson Lee).
The amendment was agreed to.
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),
$76,680,000, 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, $17,237,724,000, to remain
available for obligation until September 30, 2017: 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

[[Page H4075]]

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, $18,207,171,000, to
remain available for obligation until September 30, 2017:
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 Ms. Michelle Lujan Grisham of New Mexico

Ms. MICHELLE LUJAN GRISHAM of New Mexico. I have an amendment at the
desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:

Page 33, line 3, after the dollar amount, insert ``(reduced
by $3,543,000) (increased by $3,543,000 )''.

The Acting CHAIR. Pursuant to House Resolution 303, the gentlewoman
from New Mexico and a Member opposed each will control 5 minutes.
The Chair recognizes the gentlewoman from New Mexico.
Ms. MICHELE LUJAN GRISHAM of New Mexico. Mr. Chair, at a time when
the United States is facing constantly evolving global threats from a
wide range of enemies, our military urgently needs the technology to
monitor and respond to these threats.
Our military does not have the time to wait decades or even years for
the development and launch of surveillance or communications
satellites.
Operationally Responsive Space, or ORS, allows the U.S. to quickly
respond to the emerging and often unanticipated needs of the
warfighter. The program rapidly develops new capabilities, giving our
military the ability to launch field-ready satellites extremely
quickly.
These cost-effective satellites provide transformational advantages
on the battlefield. They provide surveillance, tactical communications,
countercommunications, space protection, space situational awareness,
and weather data from around the world to assist our military in
combating our enemies.
You don't have to take my word for it. Air Force leadership has
consistently praised the program as an effective national security
tool. General Schwartz, the former Chief of Staff of the Air Force,
said: ``ORS is exactly what we need. Innovation and greater efficiency
as we contend with ongoing fiscal constraints and changing space
posture.''
General Welch, current Chief of Staff of the Air Force, recently said
that we ``have to look at space now as a warfighting domain,'' and he
went on to say that doing so requires us to ``look at different ways of
building, maintaining, and improving the assets we currently have in
space and the capabilities they provide in new and different ways than
the very functionally developed, large program, large investment over
long periods of time that have dominated the space architecture up
until this point.''
ORS plays a critical role beyond immediate response to our needs on
the battlefield.
The U.S. also needs to have the ability to relaunch crucial military
communication and even weather satellites that are lost to
countermeasures by other countries. In 2007, China used a ground-based
missile to destroy a satellite orbiting more than 500 miles in space,
demonstrating their capacity to target our national security satellites
and space defense systems.
The U.S.-China Economic and Security Review Commission's 2014 report
to Congress notes that ``China, in 2014, continued to pursue a broad
counterspace program to challenge U.S. information superiority in a
conflict and disrupt or destroy U.S. satellites if necessary . . .
China likely will be able to hold at risk U.S. national security
satellites in every orbital regime in the next 5 to 10 years.''
Currently, Russia is developing a sea-based missile and space defense
system capable of destroying satellites. As other countries modernize
their military, the threat level to our communications, navigation, and
guided munitions satellites intensifies.
I want to thank the chairman and ranking member for including some
funding for ORS in this year's bills, but I do not believe that it is
fully adequate to fund this vital program. Without sufficient funds,
ORS cannot produce the space systems that give our military an
advantage on the battlefield. It is not in our best interest to solely
focus on building satellites that take decades to develop, build, and
launch, and cost billions of dollars.
While I believe that ORS is integral to maintaining our advantage in
space and bringing much-needed capabilities to our warfighters, I
understand the committee is not at this time able to reallocate
additional funds to this very important program. I hope to continue to
work with the committee as the appropriations process moves forward.
Mr. Chairman, I ask unanimous consent to withdraw my amendment.
The Acting CHAIR. Is there objection to the request of the
gentlewoman from New Mexico?
There was no objection.

Amendment Offered by Mr. Pascrell

Mr. PASCRELL. 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 3, after the dollar amount, insert ``(reduced
by $25,000,000)''.
Page 36, line 1, after the dollar amount, insert
``(increased by $25,000,000)''.
Page 36, line 9, after the dollar amount, insert
``(increased by $25,000,000)''.

The Acting CHAIR. Pursuant to House Resolution 303, the gentleman
from New Jersey and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from New Jersey.
Mr. PASCRELL. Mr. Chairman, I rise today to offer this amendment with
Congressman Rooney, my co-chair of the Congressional Brain Injury Task
Force.
Traumatic brain injury continues to be the signature injury among our
Nation's servicemembers returning from Iraq and Afghanistan. More than
300,000 troops have been diagnosed with mild TBI since 2000. This
number continues to increase as identification and detection methods
become more accurate. Despite these staggering figures, there was a
decrease of 20 percent from last year's funding level. Our amendment
would restore the same funding level to the TBI program.
The program supports the DOD's Psychological Health and TBI Center of
Excellence in its efforts to educate servicemembers and their families,
enhance clinical and management approaches, and facilitate other vital
services to best serve the needs of our servicemembers impacted by TBI
and psychological health problems.
In recent years, the DOD has made significant strides in improving
both in-theater and post-incident assessment and diagnosis, but still
more needs to be done in evaluating troops' ability to return to duty.
As it is, we are not living up to our responsibility in caring for
servicemembers who have already been diagnosed with TBI. I urge my
colleagues to support this bipartisan amendment.
I reserve the balance of my time.
Mr. FRELINGHUYSEN. Mr. Chairman, I seek time in opposition, although
I do not oppose the amendment.
The Acting CHAIR. Without objection, the gentleman from New Jersey is
recognized for 5 minutes.
There was no objection.
Mr. FRELINGHUYSEN. Mr. Chairman, I rise to use this time to heap
compliments upon my colleague from New Jersey who heads up the
Congressional Brain Injury Task Force and has been providing that
leadership and support, and it is certainly bipartisan.
Just for the record, our committee has been very active in supporting
this type of work and research. And for the

[[Page H4076]]

record, our bill provides $155 million, which includes a plus up of
$100 million above the request level of $55 million for traumatic brain
injury and psychological health research.
In addition, our bill provides $676 million in operation and
maintenance funding within the Defense Health Program to care for
servicemembers affected by traumatic brain injuries and psychological
maladies.
There has been an issue about the slow spend down of some of the
money. Of course, if we are here on the floor advocating, as we should,
for such an important program, we need to ensure that the bureaucracy
gets the money spent. I am sure my colleague from New Jersey would
agree that if we are going to put money on the table, let's make sure
they spend it rapidly to address this ever-growing problem which
affects so many people who come off the battlefield. I commend the
gentleman and support his amendment.
I yield back the balance of my time.
Mr. PASCRELL. 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. Pascrell).
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, $170,558,000, to remain available for obligation
until September 30, 2017.

TITLE V

REVOLVING AND MANAGEMENT FUNDS

Defense Working Capital Funds

For the Defense Working Capital Funds, $1,634,568,000.

National Defense Sealift Fund

For National Defense Sealift Fund programs, projects, and
activities, and for expenses of the National Defense Reserve
Fleet, as established by section 11 of the Merchant Ship
Sales Act of 1946 (50 U.S.C. App. 1744), and for the
necessary expenses to maintain and preserve a U.S.-flag
merchant fleet to serve the national security needs of the
United States, $474,164,000, to remain available until
expended: Provided, That none of the funds provided in this
paragraph shall be used to award a new contract that provides
for the acquisition of any of the following major components
unless such components are manufactured in the United States:
auxiliary equipment, including pumps, for all shipboard
services; propulsion system components (engines, reduction
gears, and propellers); shipboard cranes; and spreaders for
shipboard cranes: Provided further, That the exercise of an
option in a contract awarded through the obligation of
previously appropriated funds shall not be considered to be
the award of a new contract: Provided further, That none of
the funds provided in this paragraph shall be used to award a
new contract for the construction, acquisition, or conversion
of vessels, including procurement of critical, long lead time
components and designs for vessels to be constructed or
converted in the future: Provided further, That the Secretary
of the military department responsible for such procurement
may waive the restrictions in the first proviso 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.

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, $31,440,009,000; of which $29,489,521,000
shall be for operation and maintenance, of which not to
exceed one percent shall remain available for obligation
until September 30, 2017, and of which up to $13,972,542,000
may be available for contracts entered into under the TRICARE
program; of which $373,287,000, to remain available for
obligation until September 30, 2018, shall be for
procurement; and of which $1,577,201,000, to remain available
for obligation until September 30, 2017, 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
training, exercises, and humanitarian assistance activities
conducted primarily in African nations: Provided further,
That of the funds provided under this heading for research,
development, test and evaluation, not less than $597,100,000
shall be made available to the U.S. Army Medical Research and
Materiel Command to carry out the congressionally directed
medical research programs.

Amendment Offered by Mr. Aguilar

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

Page 36, line 1, after the dollar amount, insert ``(reduced
by $1,000,000) (increased by $1,000,000)''.
Page 36, line 9, after the dollar amount, insert ``(reduced
by $1,000,000) (increased by $1,000,000)''.

The Acting CHAIR. Pursuant to House Resolution 303, the gentleman
from California and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from California.
Mr. AGUILAR. Mr. Chairman, I rise to offer this amendment that would
set aside $1 million for studying a neglected segment of suicides
within our Armed Forces. Our brave men and women in uniform risk their
lives every day to keep us safe and free, yet they often don't get the
care that they deserve.
While attention has been given to the subject in the past, we have
recently seen a need for research that deals with high suicide rates
among our female servicemembers and veterans. This week, the Los
Angeles Times reported on a recently released study which found female
military veterans commit suicide at nearly six times the rate of other
women.

{time} 1900

This new government research released in the journal of Psychiatric
Services went even further, reporting that female veterans between the
ages of 18 and 29 are nearly twelve times more likely to commit suicide
than nonmilitary women. We need to do better by the women who risk
their lives to protect our Nation. We cannot sit idly by while our
female servicemembers and veterans suffer in silence.
My amendment would set aside $1 million to study the possible causes
for this level of suicides among our women in uniform. Service-related
causes like traumatic brain injuries and PTSD, in addition to
nonservice related factors such as adverse childhood experiences,
financial troubles, and other external stressors, must be investigated
if we hope to seriously confront this travesty head on.
In addition, according to the VA, the suicide gap between men and
women is shrinking. Men typically have higher suicide rates than women.
When military service is incorporated, the gap between the two shrinks
significantly.
This is a serious problem and one that we don't know enough about to
confront. Until we understand why we are seeing this horrific trend, we
cannot help the women who bravely serve.
When we are faced with rising generations where female veterans are
twelve times more likely than nonmilitary women to commit suicide, we
need to take action. My amendment will conduct a study to understand
how we get here, so we can move forward and take real action to address
this crisis.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from California (Mr. Aguilar).
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, $720,721,000, of which $139,098,000 shall
be for operation and maintenance, of which no less than
$50,743,000 shall be for the Chemical Stockpile Emergency
Preparedness Program, consisting of $21,289,000 for
activities on military installations and $29,454,000, to
remain available until September 30, 2017, to assist State
and local governments; $2,281,000 shall be for procurement,
to remain available until September 30, 2018, of which
$2,281,000

[[Page H4077]]

shall be for the Chemical Stockpile Emergency Preparedness
Program to assist State and local governments; and
$579,342,000, to remain available until September 30, 2017,
shall be for research, development, test and evaluation, of
which $569,339,000 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, $878,298,000, of which $616,811,000
shall be for counter-narcotics support; $113,589,000 shall be
for the drug demand reduction program; and $147,898,000 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.

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, $316,159,000, of which
$314,059,000, 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 $2,100,000, to
remain available until September 30, 2017, shall be for
research, development, test and evaluation.

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, $507,923,000.

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 $4,500,000,000 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, 2016: 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 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 2016: 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 ``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: Provided
further, that 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

[[Page H4078]]

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 30-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 2016, 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 2017 budget request for the Department
of Defense as well as all justification material and other
documentation supporting the fiscal year 2017 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 2017.
(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 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.

[[Page H4079]]

(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 2016 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 2016,
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 2017 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 $88,400,000.
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 2016. 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. None of the funds made available by this Act
may be used to--
(1) disestablish, or prepare to disestablish, a Senior
Reserve Officers' Training Corps program in accordance with
Department of Defense Instruction Number 1215.08, dated June
26, 2006; or
(2) close, downgrade from host to extension center, or
place on probation a Senior Reserve Officers' Training Corps
program in accordance with the information paper of the
Department of the Army titled ``Army Senior Reserve Officers'
Training Corps (SROTC) Program Review and Criteria'', dated
January 27, 2014.
Sec. 8032. (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 2017 budget request for the Department
of Defense as well as all justification material and other
documentation supporting the fiscal year 2017 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 2017 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. 8033. 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, 2017: 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

[[Page H4080]]

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, 2017.
Sec. 8034. 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. 8035. 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. 8036. (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. 8037. 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. 8038. (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. 8039. (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. 8040. 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: Provided, That no amounts may be rescinded
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:
(1) ``Other Procurement, Army'', 2014/2016, $40,000,000;
(2) ``Aircraft Procurement, Navy'', 2014/2016, $91,571,000;
(3) ``Weapons Procurement, Navy'', 2014/2016, $888,000;
(4) ``Aircraft Procurement, Air Force'', 2014/2016,
$2,300,000;
(5) ``Missile Procurement, Air Force'', 2014/2016,
$1,000,000;
(6) ``Procurement of Ammunition, Air Force'', 2014/2016,
$12,600,000;
(7) ``Other Procurement, Air Force'', 2014/2016,
$14,000,000;
(8) ``Procurement of Weapons and Tracked Combat Vehicles,
Army'', 2015/2017, $30,000,000;
(9) ``Other Procurement, Army'', 2015/2017, $30,000,000;
(10) ``Aircraft Procurement, Navy'', 2015/2017,
$49,377,000;
(11) ``Weapons Procurement, Navy'', 2015/2017, $15,422,000;
(12) ``Procurement of Ammunition, Navy and Marine Corps'',
2015/2017, $8,906,000;
(13) ``Procurement, Marine Corps'', 2015/2017, $88,996,000;
(14) ``Aircraft Procurement, Air Force'', 2015/2017,
$108,870,000;
(15) ``Missile Procurement, Air Force'', 2015/2017,
$75,000,000;
(16) ``Other Procurement, Air Force'', 2015/2017,
$8,000,000;
(17) ``Research, Development, Test and Evaluation, Navy'',
2015/2016, $232,228,000; and
(18) ``Research, Development, Test and Evaluation, Air
Force'', 2015/2016, $60,271,000.
Sec. 8041. 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

[[Page H4081]]

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. 8042. 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. 8043. 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. 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 103 of title 41, United States Code,
except that the restriction shall apply to ball or roller
bearings purchased as end items.
Sec. 8046. 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. 8047. 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. 8048. Notwithstanding any other provision in this
Act, the Small Business Innovation Research program and the
Small Business Technology Transfer program set-asides may be
taken from programs, projects, or activities to the extent
they contribute to the extramural budget.
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.

{time} 1915

Amendment No. 4 Offered by Mr. Huffman

Mr. HUFFMAN. Mr. Chairman, I have amendment No. 4 that is printed in
the Congressional Record.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Strike section 8053.

The Acting CHAIR. Pursuant to House Resolution 303, the gentleman
from California and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from California.
Mr. HUFFMAN. Mr. Chairman, I yield myself such time as I may consume.
Each year, the Department of Defense ships coal from Tamaqua,
Pennsylvania, about 3,000 miles away to an Air Force base in Germany,
costing taxpayers millions of dollars more than if we simply treated
this particular base like every other military base in the world.
Why do we do this?
Since 1972, each Defense Appropriations act has included an earmark
requiring that the Pentagon purchase anthracite coal from Pennsylvania
to heat this base in Kaiserslautern, Germany. This is wasteful
spending, pure and simple.
My bipartisan amendment, which I am offering with my colleague Tom
McClintock, would finally remove this zombie earmark and save taxpayers
millions of dollars each year.
At its peak, this earmark mandated that the government purchase more
than a million tons of anthracite coal each year to power overseas
bases and installations, but today, the Department of Defense purchases
only about 5,000 to 9,000 tons of coal annually, and it is to meet the
requirements of this specific base in Kaiserslautern. It costs
taxpayers millions of dollars each time. According to the last study we
did on this, which was way back in 1989, the Department of Defense, the
State Department, and the Department of Commerce jointly concluded that
these mandates had cost U.S. taxpayers $1.1 billion, and that was 26
years ago, so it is a lot more since then.
For decades, the Pentagon has urged Congress to remove this wasteful
earmark and allow the use of cheaper fuel

[[Page H4082]]

to power our military base in Germany. President after President has
urged the removal of this earmark--both Republicans and Democrats--
every President since Jimmy Carter and including President Ronald
Reagan. Today, we have an opportunity to finally achieve that goal.
I want to thank Mr. McClintock for his leadership in introducing this
amendment with me.
The passage of this amendment would be proof positive, I think, to
Americans back home that Republicans and Democrats can work together to
cut wasteful spending. I urge my colleagues to support the Huffman-
McClintock amendment.
Mr. Chairman, I yield 2 minutes to the gentleman from California (Mr.
McClintock).
Mr. McCLINTOCK. I thank the gentleman for yielding.
Mr. Chairman, I don't support the war on coal that is waged by some
of my friends on the left, but I do support the war on waste, and I
support this amendment based upon that fiscal imperative.
Just a few weeks ago, so-called defense hawks demanded spending well
in excess of budget caps because, they said, our defense spending had
been stretched to the breaking point. In light of those warnings, I
find it inexcusable that these scarce defense dollars would be so
recklessly squandered to continue to fund a corrupt earmark from a
disgraced and deceased Pennsylvania Congressman, an earmark that dates
back more than 40 years.
That earmark, as my friend has just said, requires that one--and only
one--American Air Force base must purchase 9,000 tons of Pennsylvania
anthracite coal a year at the grossly inflated price that is estimated
to be about $20 million. That is about 80 percent more expensive than
commonly used coal, and that doesn't include the cost of transporting
this overpriced coal across the Atlantic Ocean and halfway across the
European continent--a cost that is absorbed elsewhere in the Air Force
budget. The excuse is that we would otherwise be dependent on Putin,
but that doesn't hold water. No other U.S. military base in all of
Europe is required to buy this coal, only Kaiserslautern.
The Pentagon and successive Presidents have consistently protested
this waste, but these protests have fallen on deaf ears in Congress
even while we are told our defense spending has been cut to the bone.
If we don't change the spending trajectory of this government, the
Congressional Budget Office warns, in the next 10 years, just paying
the interest on the national debt will greatly exceed our entire
Defense budget. That makes rooting out waste like this a national
defense imperative.
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, I am not an expert in coal, and I am
not an expert in what these men describe as an earmark, but I do know
that coal is reliable, that it is cost-effective, that it is
domestically produced, and that it has been used at this Air Force base
for a long time. This provision both promotes domestic resources of
energy and ensures that our bases and that particular base have a
reliable, continuous source of energy for their daily operations.
I don't think we ought to dismiss the notion that Germany is under
attack by Russian aggression, and Russia would at any time cut off fuel
supplies, as they have done to other countries in Eastern Europe.
Europe, as an area, as a continent, remains heavily reliant on Russia
for its energy, and Russia uses its leverage on an annual basis to
quiet potential opposition to that aggression in Ukraine and other
parts of the region. This is a stark reminder of how important it is to
ensure that our military has a reliable domestic source of energy
wherever it is in the world. This may be an unusual circumstance, but I
see no reason to change it. I urge a ``no'' vote on the amendment.
I yield back the balance of my time.
Mr. HUFFMAN. Mr. Chairman, we have well over 30 other defense
installations in Germany and hundreds of others across the globe. To my
knowledge--and I have made inquiries on this subject--not a single one
of those installations operates with a congressionally mandated fuel
source like the one we are talking about here. The Kaiserslautern
facility is, truly, one of a kind.
This is a commonsense amendment that provides the Pentagon the
flexibility to ensure that our military installations continue to have
reliable, cheaper, and cleaner energy sources in the years ahead. The
congressional mandate in question was added to the Defense
Appropriations bill over 40 years ago to an accumulated cost of well
over $1 billion to the taxpayers.
Mr. Chairman, this is not about our national security. This is not a
weapons system. This is not funding to support or protect our troops.
This isn't doing anything for our country or our national security
except wasting taxpayer dollars and making one particular coal company
in eastern Pennsylvania a little bit richer.
I urge my colleagues to vote ``aye'' and support this bipartisan
amendment.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from California (Mr. Huffman).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. HUFFMAN. 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 California
will be postponed.
The Clerk will read.
The Clerk read as follows:

(including transfer of funds)

Sec. 8054. Of the funds appropriated in this Act under the
heading ``Operation and Maintenance, Defense-wide'',
$20,000,000 shall be for support of high priority Sexual
Assault Prevention and Response Program requirements and
activities, including the training and funding of personnel:
Provided, That the funds are made available for transfer to
the Department of the Army, the Department of the Navy, and
the Department of the Air Force: Provided further, That funds
transferred shall be merged with and available for the same
purposes and for the same time period as the appropriations
to which the funds are transferred: Provided further, That
this transfer authority is in addition to any other transfer
authority provided in this Act.
Sec. 8055. None of the funds appropriated in title IV of
this Act may be used to procure 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. 8056. (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
XI (chapters 50-65) of the Harmonized Tariff Schedule of the
United States 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. 8057. (a) In General.--
(1) None of the funds made available by this Act may be
used for any training, equipment, or other assistance for 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

[[Page H4083]]

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 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.
Sec. 8058. 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. 8059. 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. 8060. 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. 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'', $76,611,750
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. (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 appropriation account;
(2) how the National Intelligence Program budget request is
presented in the unclassified P-1, R-1, and O-1 documents
supporting the Department of Defense budget request;
(3) the process by which the National Intelligence Program
appropriations are apportioned to the executing agencies; or
(4) the process by which the National Intelligence Program
appropriations are allotted, obligated and disbursed.
(b) Nothing in section (a) shall be construed to prohibit
the merger of programs or changes to the National
Intelligence Program budget at or below the Expenditure
Center level, provided such change is otherwise in accordance
with paragraphs (a)(1)-(3).
(c) 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.
(d) Upon development of the detailed proposals defined
under subsection (c), 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.
(e) This section shall not be construed to alter or affect
the application of section 1623 of the National Defense
Authorization Act for Fiscal Year 2016 to the amounts made
available by this Act.
Sec. 8067. In addition to amounts provided elsewhere in
this Act, $5,000,000 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. 8068. Of the amounts appropriated in this Act under
the headings ``Procurement, Defense-Wide'' and ``Research,
Development, Test and Evaluation, Defense-Wide'',
$487,595,000 shall be for the Israeli Cooperative Programs:
Provided, That of this amount, $55,000,000 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, subject to the U.S.-
Israel Iron Dome Procurement Agreement, as amended;
$286,526,000 shall be for the Short Range Ballistic Missile
Defense (SRBMD) program, including cruise missile defense
research and development under the SRBMD program, of which
$15,000,000 shall be for production activities of SRBMD
missiles in the United States and in Israel to meet Israel's
defense requirements consistent with each nation's laws,
regulations, and procedures; $89,550,000 shall be for an
upper-tier component to the

[[Page H4084]]

Israeli Missile Defense Architecture; and $56,519,000 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.

(including transfer of funds)

Sec. 8069. Of the amounts appropriated in this Act under
the heading ``Shipbuilding and Conversion, Navy'',
$389,305,000 shall be available until September 30, 2016, 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'', 2008/2016: Carrier Replacement Program $123,760,000;
(2) Under the heading ``Shipbuilding and Conversion,
Navy'', 2009/2016: LPD-17 Amphibious Transport Dock Program
$22,860,000;
(3) Under the heading ``Shipbuilding and Conversion,
Navy'', 2012/2016: CVN Refueling Overhauls Program
$20,029,000;
(4) Under the heading ``Shipbuilding and Conversion,
Navy'', 2012/2016: DDG-51 Destroyer $75,014,000;
(5) Under the heading ``Shipbuilding and Conversion,
Navy'', 2012/2016: Littoral Combat Ship $82,674,000;
(6) Under the heading ``Shipbuilding and Conversion,
Navy'', 2012/2016: Amphibious Transport Dock Program
$38,733,000;
(7) Under the heading ``Shipbuilding and Conversion,
Navy'', 2012/2016: Joint High Speed Vessel $22,597,000; and
(8) Under the heading ``Shipbuilding and Conversion,
Navy'', 2013/2016: Joint High Speed Vessel $3,638,000.
Sec. 8070. 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 2016 until the enactment of the Intelligence
Authorization Act for Fiscal Year 2016.
Sec. 8071. 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. 8072. The budget of the President for fiscal year
2017 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. 8073. 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. 8074. 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 $1,152,206,000.
Sec. 8075. 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. 8076. 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. 8077. (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. 8078. (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. 8079. 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 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. 8080. 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, 2017.
Sec. 8081. 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. 8082. (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 2016:
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.
(b) None of the funds provided for the National
Intelligence Program in this Act shall be available for
reprogramming or transfer until the report identified in
subsection (a) is submitted to the congressional intelligence
committees, unless the Director of National Intelligence
certifies in writing to the congressional intelligence
committees that such reprogramming or transfer is necessary
as an emergency requirement.
Sec. 8083. 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.
Sec. 8084. 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 annually to be in
violation of the standards of the Child Soldiers Prevention
Act of 2008 (Public Law 110-457; 22 U.S.C. 2370c-1) may be
used to support any military training or operation that
includes child soldiers, as defined by the Child Soldiers
Prevention Act of 2008, unless such assistance is otherwise
permitted under section 404 of the Child Soldiers Prevention
Act of 2008.

(including transfer of funds)

Sec. 8085. 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

[[Page H4085]]

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. 8086. (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) of 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. 8087. 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. 8088. 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. 8089. The Department of Defense shall continue to
report incremental contingency operations costs for Operation
Inherent Resolve, Operation Freedom's Sentinel, and any named
successor operations, 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. 8090. 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. 8091. Funds appropriated by this Act 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. 8092. (a) Any agency receiving funds made available in
this Act, shall, subject to subsections (b) and (c), post on
the public Web site 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. 8093. (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. 8094. From within the funds appropriated for
operation and maintenance for the Defense Health Program in
this Act, up to $121,000,000, 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 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. 8095. The Office of the Director of National
Intelligence shall not employ more senior executive employees
than are specified in the classified annex.
Sec. 8096. 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 $450,000 per
vehicle, notwithstanding price or other limitations
applicable to the purchase of passenger carrying vehicles.
Sec. 8097. 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 sections 1661, 1662, or 1663 of the National
Defense Authorization Act for Fiscal Year 2016.
Sec. 8098. 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.

(including transfer of funds)

Sec. 8099. 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
$1,000,000,000 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,
2016.
Sec. 8100. None of the funds appropriated or otherwise
made available in this or any other Act may be used to
transfer, release,

[[Page H4086]]

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 United
States Naval Station, Guantanamo Bay, Cuba, by the Department
of Defense.

{time} 1930

Amendment Offered by Mr. Visclosky

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

Strike section 8100.

The Acting CHAIR. Pursuant to House Resolution 303, the gentleman
from Indiana and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Indiana.
Mr. VISCLOSKY. Mr. Chairman, the amendment that I have offered deals
with the detainees at Guantanamo Bay. I would suggest to my colleagues
that the continued operation of the facility at Guantanamo Bay reduces
our Nation's credibility and weakens our national security by providing
terrorist organizations with recruitment material.
I do regret that the bill and other relevant appropriations acts
continue this or any attempts to close Guantanamo by prohibiting viable
alternatives. Also, as we are debating an appropriation bill, and this
committee has to pay for things, I think it is appropriate to discuss
the cost of the detention facility at Guantanamo. We are now spending
approximately $2.7 million annually per inmate, which is about 35 times
the cost per inmate in a supermaximum Federal prison in the United
States.
The United States Government has transferred approximately 620
detainees from Guantanamo since May of 2002, with 532 transfers
occurring during President Bush's administration and slightly in excess
of 88 transfers occurring during the current administration.
Nearly 500 defendants charged with crimes related to international
terrorism have been--and I would emphasize this to my colleagues--
successfully convicted in the United States since 2001. It includes one
former GTMO detainee who was tried in New York City, the Times Square
bomber; Richard Reid, the shoe bomber; and others. All of them are
incarcerated in our Federal prisons throughout the United States, and
there have been no security incidents. Further, there are six Defense
Department facilities where Guantanamo Bay detainees could be held in
the United States that are currently only at 48 percent of their end
capacity.
I would ask my colleagues to adopt this amendment so we could move
forward.
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. I yield to the gentleman from Virginia (Mr.
Wittman), who is a member of the House Permanent Select Committee on
Intelligence.
Mr. WITTMAN. Mr. Chairman, I rise in opposition to the amendment.
These important provisions that are already included in the law have
been included in the past several appropriations bills for several
years running, and there is a reason that they are there. This wording
represents a strong and enduring consensus in Congress that Guantanamo
should remain open and that detainees should not be transferred to the
United States for any reason. This is debated back and forth in
agreement on both sides of the aisle.
Striking these provisions would have unknown consequences for a
number of U.S. communities, and it is impossible for any of us to know
how many detainees might be brought there, where they might be held,
and the impacts on communities and facilities that are holding them. It
is also impossible to know what the cost might be, so we are asking for
this unknown to be pursued without knowing the risks or knowing the
costs.
Putting detainees in U.S. prisons, as the administration originally
proposed, would be disruptive and potentially disastrous. We know
former FBI Director Mueller had stated: To transfer detainees to local
jails could affect or infect other prisoners or have the capability of
affecting events outside the prison system.
The last thing we need today in the face of ISIS is to convert more
folks to extremism. The idea of bringing detainees for trials in the
United States quickly collapsed as local jurisdictions voiced their
strong opposition. We heard that across the United States.
As everyone here is aware, several detainees that have been released
from Guantanamo have gone back to the fight and killed and wounded
Americans. The threat is real, and Guantanamo is already equipped to
handle the detention and military trial of these individuals as
appropriate. Any proposal that results in these detainees being sent to
the United States for any reason is simply the wrong policy. We have
tread this ground time and time and time again.
I therefore oppose the amendment and urge my colleagues to vote
against this amendment.
Mr. FRELINGHUYSEN. Reclaiming my time, let me thank the gentleman for
his comments, and may I add emphasis to what he said.
The thought that people that have been released from Guantanamo have
gone back to the fight and been involved in the killing of Americans in
the Middle East is repugnant and makes all of us angry. That is
literally what has happened. We read about it in open sources, and we
can speculate because I think sometimes these things are not reported,
that a lot of these people that have been released have gone back and
actually headed up efforts to ambush our soldiers and kill our soldiers
and seek vengeance. In reality, I am glad these people continue to be
locked away.
I yield back the balance of my time.
Mr. VISCLOSKY. Mr. Chair, I would simply say that the gentleman from
Virginia noted that there is supposition and unknown in the future, and
that is certainly correct. What is known is that we are a nation of
laws, and our military protects this country so that we can continue to
be governed by those laws. I, for one, happen to think that the
indefinite detention of any human being without a trial is violative of
those laws, and that that is a foundational principle of our Nation,
and we ought to conduct ourselves accordingly. I would ask my
colleagues to support the amendment.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Indiana (Mr. Visclosky).
The question was taken; and the Acting Chair announced that the noes
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 gentleman from Indiana will
be postponed.
The Clerk will read.
The Clerk read as follows:

Sec. 8101. (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.

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:

Strike section 8101.

The Acting CHAIR. Pursuant to House Resolution 303, the gentleman
from New York and a Member opposed each will control 5 minutes.

[[Page H4087]]

The Chair recognizes the gentleman from New York.
Mr. NADLER. I yield myself such time as I may consume.
Mr. Chairman, I rise to offer an amendment which would strike the
section of the bill restricting the use of funds for building and
modifying facilities in the United States to house prisoners presently
at Guantanamo Bay.
The argument for why we should strike this section is
straightforward. The detainees at Guantanamo Bay must be brought to
justice. Those who are guilty of terrorism need to be tried and
punished in a swift and judicious manner. Any detainee who is innocent
should, with equal speed and sincerity, be released.
Two cases exemplify this argument and underline the importance of
this amendment. The first is Khalid Sheikh Mohammed, the mastermind
behind the attack on the United States on 9/11. Since 2006, Mr.
Mohammed has been detained at Guantanamo, where he has yet to be tried,
convicted, or appropriately punished for his heinous actions. Justice
for the victims, for the families who lost loved ones at the World
Trade Center, at the Pentagon, and in Pennsylvania must be carried out.
So far, this has not happened.
At the same time, while they haven't managed to try and convict
anyone at Guantanamo, more than 400 terrorists, including the 9/11
conspirator Zacarias Moussaoui, have been tried, convicted, and
sentenced in the Federal courts in the United States without incident
and in a manner befitting the American justice system. No convicted
terrorist has ever escaped from a U.S. prison, and no prison has ever
been compromised or been subject to an attack because of the dangerous
persons being held within.
The second case I want to mention is of Mr. Shaker Aamer, which came
to my attention in a recent New York Times editorial or op-ed piece
authored by a bipartisan group of British members of Parliament. In
November 2001, Mr. Aamer, a British permanent resident, was doing
charity work in Afghanistan when he was picked up by the Northern
Alliance, sold to Americans for a bounty, and taken to Bagram prison
before being moved to Guantanamo in February 2002. He was cleared for
release by President Bush in 2007 and cleared again by President Obama
in 2010. Six different U.S. agencies agreed, including the CIA, the
FBI, the Departments of State and Defense, while Prime Minister David
Cameron and the House of Commons unanimously have called for Mr.
Aamer's immediate release and transfer to Britain.

{time} 1945

So far, this has not happened. Mr. Aamer has never been charged with
anything and has twice been cleared for transfer. Every American agency
that has looked at this says that he has not been a terrorist and did
not fight against the United States. There is no reason for him to
remain in this custodial purgatory; yet he remains a detainee at the
Guantanamo Bay facility.
As long as this provision remains in the bill, people like Mr. Aamer,
guilty of nothing--not terrorists, not fighters against the United
States--will be unjustly imprisoned, and people like Khalid Sheikh
Mohammed who are guilty--probably, we think--of terrorism will not be
tried.
For too long, the terrible people in Guantanamo have avoided facing
the consequences of answering to a U.S. court for their horrendous
actions, while innocent detainees are denied recourse for continuing
their detention.
The United States must not keep people in prison indefinitely for no
reason, with no trial. The opponents of this amendment must not share
my faith in America's courts to deliver justice. For hundreds of years,
our legal system has kept Americans safe by imprisoning dangerous
individuals while protecting those who are innocent of any charges.
Time and time again, Federal courts have successfully proven their
ability to convict criminals and terrorists without violating the
rights of due process. This amendment represents a return to our
founding principles, that no person may be deprived of liberty without
due process of law.
Without this amendment, we will continue to hold terrorists and
innocents alike, indefinitely and without charge, contrary to every
tradition this country stands for.
We must close this facility, try these people, release the innocent,
and restore our national honor.
I urge support of this amendment, and I reserve the balance of my
time.
Mr. FRELINGHUYSEN. Mr. Chairman, I claim the time in opposition.
The Acting CHAIR. The gentleman from New Jersey is recognized for 5
minutes.
Mr. FRELINGHUYSEN. Mr. Chairman, I yield to the gentleman from
Virginia (Mr. Wittman).
Mr. WITTMAN. Mr. Chairman, I rise again in opposition to this
amendment.
We see that today, Guantanamo is equipped to hold these detainees.
The military tribunals there, if allowed to do so, are able to try
these detainees. Again, they were captured under the rules of
engagement as enemy combatants. Let's make sure that we are putting
them in that situation to be tried as such.
Another element, too, is localities have spoken vocally to say, No,
we do not want these detainees here, for a variety reasons. One is they
are worried about security there. I know the argument is, Well, the
facilities here in the United States can hold them. That is not the
single issue. The issue is the communities' concern about what the
outcomes of the movement of these detainees will be here today.
We see today radicalization across the United States from outside the
United States by forces like ISIS. Think about the opportunity as those
detainees are moved here and the notoriety that they will attain and
how the press will cover it and that being used in addition to
radicalize folks on the side of extremism. That is another issue that I
believe needs to be addressed.
Again, GTMO is working. It is detaining these individuals, enemy
combatants that have been picked up on the battlefield. It has been, I
believe, the determination of this body through extensive debate that
we shouldn't build facilities here specifically for that purpose and
that GTMO is well suited to do the job.
Again, I urge my colleagues to vote in opposition to this amendment.
Mr. FRELINGHUYSEN. I yield back the balance of my time.
Mr. NADLER. The continued repetition of untruths does not make them
true.
Not all these people were captured on the battlefield. Mr. Aamer,
whom I referenced, for example, was picked up doing charity work in
Afghanistan. He was picked up by a faction of the Northern Alliance,
which then sold him for a bounty to the United States. He was not a
fighter. He was not on the battlefield. He was a victim of a kidnapping
by a foreign faction.
Everyone who has looked at this--President Bush, President Obama, the
FBI, the CIA, the NSA, the British Parliament--agrees on the facts with
him; yet we hear that everybody was a fighter. No, they weren't. Some
were; probably most were.
We are told that military tribunals will try these people. Well, Mr.
Aamer has been in Guantanamo for 9 years. Khalid Sheikh Mohammed has
been in Guantanamo for 15 years. They can't get their act together.
Every time they try to hold military tribunals, there is another legal
objection. Federal courts have tried, convicted, and imprisoned 400
terrorists.
We have to do justice. Keeping people in jail indefinitely because we
repeat that they were caught on the battlefield, when some were not,
hoping for a military tribunal that doesn't occur, is not American. It
is un-American.
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. 8102. None of the funds appropriated or otherwise
made available in this Act may be used to transfer any
individual detained at United States Naval Station Guantanamo

[[Page H4088]]

Bay, Cuba, to the custody or control of the individual's
country of origin, any other foreign country, or any other
foreign entity except in accordance with section 1035 of the
National Defense Authorization Act for Fiscal Year 2014.

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:

Strike section 8102.

The Acting CHAIR. Pursuant to House Resolution 303, 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, I yield myself such time as I may consume.
Mr. Chairman, this is the third of the three amendments that have the
same purpose. This one would strike the section of the bill that makes
it more difficult to transfer Guantanamo detainees to other countries.
I find it surrealistic. We have now debated two amendments tonight,
and all we hear in opposition are repeated statements that everyone at
Guantanamo is a terrorist--not true--and that everyone in Guantanamo is
picked up on the foreign battlefield, fighting--not true. It is
demonstrably not true.
These are not debatable propositions. Some of the people in
Guantanamo are terrorists. Some of the people in Guantanamo are picked
up on the battlefield. Some were not.
I gave you the example of Mr. Aamer, who was picked up by a foreign
faction in the Northern Alliance and sold for a bounty because the
United States offered a bounty for people who someone claimed was a
terrorist. Everyone looked into it and said he wasn't a terrorist, he
wasn't a combatant; yet he stays in Guantanamo.
It costs us $3 million per prisoner, per year. There are communities
in the United States which can handle these trials. I can think of no
honest reason why we would not want the terrorists to be tried.
The terrorists cannot be tried by military tribunal; let them try it,
but the fact is they haven't been able to. They have been trying the
military tribunals for 10 years now, and they haven't succeeded in
convicting one person. They have had three plea bargains, no
convictions, and no trials in the last 8 or 9 years.
The Federal courts are functioning. Why not save money, try the
people we think are guilty, get a guilty verdict, put them in maximum
security prisons, and not hold people indefinitely without charge and
without trial? That is simply un-American.
Finally, we are engaged in an ideological war. Someone referenced
radicalizing people. What radicalizes people more, what gives more
evidence of the American bad faith and of anti-Islamic sentiments of
terrible behavior than Guantanamo? It is a symbol worldwide. It is a
radicalizing influence. Our own generals have said that nothing has
recruited more enemy soldiers than Guantanamo.
Let's close it, take care of the people who are there one way or the
other, and do justice.
I reserve the balance of my time.
Mr. FRELINGHUYSEN. Mr. Chairman, I claim the time in opposition.
The Acting CHAIR. The gentleman from New Jersey is recognized for 5
minutes.
Mr. FRELINGHUYSEN. I yield to the distinguished gentleman from
Virginia (Mr. Forbes).
Mr. FORBES. I thank the chairman for yielding.
The gentleman from New York raised a good question. He said:

I can think of no honest reason why these terrorists have
not been prosecuted in a military tribunal.

I can give him the answer to that. I don't know if my friend from New
York has actually been to Guantanamo Bay, but in 2010, I went there. As
the administration came into office, if the gentleman met with the
prosecutor at that time, he had assembled a team that had worked for
over 2 years trying and prosecuting the terrorists of the World Trade
Center attack.
That prosecutor had gone through a stack of hearings this tall that
he had prevailed on. His life had been threatened. His team's life had
been threatened. He told all of us, Democrats and Republicans who went
down there, that he would have guilty pleas on all those terrorists
within 6 months.
To answer the gentleman as to why that didn't happen, it is because,
when the administration came into office, they canceled that
prosecution, took him off the case, disbanded that whole prosecution;
and to this day, they have not allowed that prosecution to go forward.
If you want to ask the real, honest question of why we haven't
prosecuted them in the military tribunals--the gentleman from Virginia
said the facilities are there, the will was there, the hearings were
there. The reason is because this administration has refused to
prosecute them.
I hope we will defeat these amendments, keep those terrorists there,
or let this administration prosecute them.
Mr. FRELINGHUYSEN. Mr. Chairman, what is really surrealistic around
here, to use the gentleman's word, is that we spend more time on these
Guantanamo detainees than we do on Americans locked up in Iranian
prisons and jails--that is unconscionable--or with Americans detained
in North Korea.
Let's focus on liberty for some of the people in those countries that
we are trying to work with on the nuclear deal, such as the Iranians
holding Americans prisoners.
You have the right to focus on these detainees. Ninety-nine percent
of them are guilty as hell, but we seem to be doing little in the
public way to release Americans held in prisons in various parts of the
world.
I yield back the balance of my time.
Mr. NADLER. Mr. Chairman, we all obviously want to free Americans
unjustly held by North Korea or Iran or anybody else. I suspect the
reason that we don't spend a lot of time on the floor is because we all
agree. There is nothing to debate. We obviously want them freed.
I hope our government behind the scenes is doing whatever we can to
do it; we should do whatever we can publicly, but that has nothing to
do with Guantanamo.
The fact of the matter is it isn't that the administration decided
not to prosecute people by military tribunals. That is not the case. It
is that every time the Bush administration or the Obama administration
tried to prosecute--and they have continued to try--another legal
obstacle comes up. They have never worked it out.
Appeal after appeal has shut the process down. I should say judicial
decision after judicial decision as a result of appeal after appeal has
shut the process down because they haven't managed to find a military
tribunal procedure that gives enough constitutional rights to pass
judicial muster, but is short of a Federal article III court. That is
why 400 terrorists have been convicted in article III Federal courts--
and no terrorists--let them be tried properly, and let the innocent be
freed.
We can't simply stand here and say they are all guilty. How do we
know that? How do we know that every single one of them is guilty? We
know that some are not. By what right do we hold those who are guilty
of nothing forever? It is a blot on American justice; it is a blot on
our country's representation, and we should stop it.
I urge adoption of 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. 8103. 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. 8104. 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 any agency's fleet inventory, except
in accordance with Presidential Memorandum-Federal Fleet
Performance, dated May 24, 2011.
Sec. 8105. (a) None of the funds appropriated or otherwise
made available by this

[[Page H4089]]

or any other Act may be used by the Secretary of Defense, or
any other official or officer of the Department of Defense,
to enter into a contract, memorandum of understanding, or
cooperative agreement with, or make a grant to, or provide a
loan or loan guarantee to Rosoboronexport or any subsidiary
of 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,
determines that it is in the vital national security interest
of the United States to do so, and certifies in writing to
the congressional defense committees that, to the best of the
Secretary's knowledge:
(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; and
(3) agents of the Russian Federation have ceased taking
active measures to destabilize the control of the Government
of Ukraine over eastern Ukraine.
(c) The Inspector General of the Department of Defense
shall conduct a review of any action involving
Rosoboronexport with respect to a waiver issued by the
Secretary of Defense pursuant to subsection (b), and not
later than 90 days after the date on which such a waiver is
issued by the Secretary of Defense, the Inspector General
shall submit to the congressional defense committees a report
containing the results of the review conducted with respect
to such waiver.
Sec. 8106. 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.
Sec. 8107. 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. 8108. (a) Of the funds appropriated in this Act for
the Department of Defense, amounts may be made available,
under such regulations as the Secretary of Defense may
prescribe, to local military commanders appointed by the
Secretary, 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. 8109. None of the funds available in this Act to the
Department of Defense, other than appropriations made for
necessary or routine refurbishments, upgrades or maintenance
activities, shall be used to reduce or to prepare to reduce
the number of deployed and non-deployed strategic delivery
vehicles and launchers below the levels set forth in the
report submitted to Congress in accordance with section 1042
of the National Defense Authorization Act for Fiscal Year
2012.
Sec. 8110. The Secretary of Defense shall post grant
awards on a public Web site in a searchable format.
Sec. 8111. None of the funds made available by this Act
may be used to realign forces at Lajes Air Force Base,
Azores, Portugal, until the Secretary of Defense certifies to
the congressional defense committees that the Secretary of
Defense has determined, based on an analysis of operational
requirements, that Lajes Air Force Base is not an optimal
location for the Joint Intelligence Analysis Complex.
Sec. 8112. 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.
Sec. 8113. 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. 8114. 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, $400,000,000 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. 8115. 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.
Sec. 8116. None of the funds made available by this Act
may be used to transfer or divest AH-64 Apache helicopters
from the Army National Guard to the active Army in fiscal
year 2016: Provided, That the Secretary of the Army shall
ensure the continuing readiness of the AH-64 Apache aircraft
and ensure the training of the crews of such aircraft during
fiscal year 2016, including the allocation of funds for
operation and maintenance and personnel connected with such
aircraft: Provided further, That this section shall continue
in effect through the date of enactment of the National
Defense Authorization Act for Fiscal Year 2016.

{time} 2000

Amendment Offered by Mr. Rothfus

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

Page 115, line 2, strike ``in fiscal year 2016'' and insert
``prior to June 30, 2016''.
Page 115, beginning line 7, strike the proviso.

The Acting CHAIR. Pursuant to House Resolution 303, the gentleman
from Pennsylvania and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Pennsylvania.
Mr. ROTHFUS. Mr. Chairman, since its establishment, the National
Guard has answered the call to defend our Nation and respond in times
of crises. They have fought bravely with the Active Component, while
continuing to achieve their mission here at home.
At the height of the wars in Iraq and Afghanistan, nearly 50 percent
of the Army's total force was a mix of Reservists and members of the
National Guard. The Pennsylvania National Guard alone contributed more
than 42,000 individual deployments.
Unfortunately, the Army's Aviation Restructuring Initiative, or ARI,
will have devastating impacts on all that the National Guard has
achieved. ARI will result in the transfer of all National Guard Apache
helicopters to the Active Component, leaving the National Guard less
combat-ready.
It will also deprive our Nation of an operational reserve for these
aircraft, which is essential to the retention of talented aircrews. ARI
represents a fundamental shift in the nature and role of the National
Guard.
Last year, Congress wisely created the National Commission on the
Future of the Army to offer a deliberate approach to addressing force
structure issues such as ARI. Yet, as it stands now, many of these
transfers will be long done before the Commission has

[[Page H4090]]

examined the proposal and reported its recommendations.
Mr. Chairman, once these transfers begin, it will be all but
impossible to reverse them. We need to allow the Commission time to do
its work before the Army takes any harmful and irreversible actions.
In the fiscal year 2016 National Defense Authorization Act, the House
adopted an amendment to delay some Apache transfers until June 30,
2016. This amendment extends that responsible limitation to all
National Guard Apaches, while also taking important steps to ensure
continued readiness of the Apache fleet.
Together, these provisions strike a proper balance between
safeguarding our national security and preventing any premature Apache
transfers. Only this can truly ensure that the irreparable harm is not
done to the National Guard.
I reserve the balance of my time.
Mr. VISCLOSKY. Mr. Chairman, I claim the time in opposition.
The Acting CHAIR. The gentleman from Indiana is recognized for 5
minutes.
Mr. VISCLOSKY. Mr. Chairman, I have a number of colleagues who want
to speak, so I will be brief.
But I would point out that this amendment, if adopted, will undo last
year's compromise legislation that supported the Army's critically
important Aviation Restructuring Initiative. Part of that compromise
was to establish a commission to study the force structure of the
United States Army. I believe we should await that report.
The Army has indicated that if they are restricted under the
gentleman's amendment, they would have to inactivate--and I would
repeat this--they would have to inactivate one or more of the
battalions in States such as New York, Kansas, and Hawaii, as well as
drastically reduce the work going on into the remanufacture plant in
2016.
Each battalion inactivation will result in the unplanned transfer of
approximately 500 soldiers and 1,000 family members, driven by the
absence of the aircraft needed to train the unit.
I reserve the balance of my time.
Mr. ROTHFUS. Mr. Chairman, I yield 2 minutes to the gentleman from
Pennsylvania (Mr. Perry), my good friend, who is also an Apache pilot.
Mr. PERRY. Mr. Chairman, I thank Mr. Rothfus for the amendment.
Without this amendment, as he said, we will see the transfer of all
National Guard Apache helicopters to the Active Component while, just
last year, this Congress created the National Commission on the Future
of the Army to deliberate this change in force, this restructuring
issue.
You say, why should we care? I mean, isn't this a squabble between
one big brother and a little brother? And it kind of is.
But we should care because the taxpayers have invested billions and
billions of dollars over years to create the infrastructure within the
Guard.
But more importantly, this imposes on and weakens our national
security because the Guard and the Reserve component is the repository
for experience in Apache pilots.
When you get tired of flying the Apache on deployment over and over
again on Active Duty but want to continue to serve your country, what
do you do? You join the Reserve component. You come to the Guard.
And those pilots have the most experience because they have flown on
Active Duty and they have flown in the Guard for years and years and
years. So when they deploy, that is who you want to fly with. That is
who units want to fly with because they have the experience.
The operational depth is in the Guard.
It is not that Governors need the Apache; it is that the United
States needs the Apache. And should we transfer the Apache because the
Army wants to pick on its little brother and can? And that is exactly
what is happening here.
I have heard the arguments. I have listened to all the arguments. I
have spent 34 years in uniform. None of them make any sense, and they
can't justify any of them. They talk big around this place in all kinds
of acronyms that most people don't understand, but none of it is
justified.
I don't understand why we would do this, why we wouldn't wait just
till February to get the report from a Commission that we sponsored,
that we authorized in this body. Why wouldn't we wait till then?
Why would we transfer the aircraft, and when the Commission comes
back and says don't transfer the aircraft, oh, well, sorry, we already
did that. Won't we look foolish.
But more importantly, isn't this important for national security to
have the experience there when called upon to go fight--and as the
gentleman said, make up 50 percent of the force in the fight.
Let's not do this for all the wrong reasons.
Mr. VISCLOSKY. Mr. Chairman, I yield 2 minutes to the gentlewoman
from New York (Ms. Stefanik).
Ms. STEFANIK. Mr. Chairman, I rise in opposition to the amendment to
prohibit funding for any transfer of Apaches from the National Guard to
the Active Army.
In committee, Chairman Wilson and I worked very closely to authorize
a congressional review no less than 60 days following the Commission's
report release.
And on the House floor, as an amendment to the NDAA, Mr. Palazzo and
I thoroughly examined and determined a fixed transfer date of Apaches
no later than June 30.
Mr. Chairman, this amendment is being used as a backdoor scheme and a
delay tactic. This ploy places devastating impacts and potential
deactivation of the Army's Combat Aviation Brigades in States like New
York, Kansas, Hawaii, Arizona, and overall Black Hawk modernization in
California.

As the Representative of Fort Drum, home of the 10th Mountain
Division, any delay would cause this high operational tempo unit to be
left without an Aviation Brigade.
Let me be abundantly clear. Any Apache delay will have grave
consequences on our Army's readiness, deployment schedule, and our
soldiers' dwell time. A delay would severely limit the Army's ability
to meet expected operational requirements and place an even greater
burden on our Nation's brave servicemembers.
So, Mr. Chairman, where I think some may be confused I want to
clarify. In exchange for Apaches, the National Guard is set to receive
fully modernized Black Hawks, which are essential to lift-and-rescue
operations and remain critical to a State's emergency response.
Derailing, delaying, or limiting Apache transfers would, therefore,
halt this Black Hawk modernization.
This is merely a ploy to prevent our soldiers from receiving the
equipment they need to protect American lives overseas, and it is
unconscionable. I am appalled that this is even being discussed and
will continue to fight for an ontime transfer of the Apaches from the
National Guard to the Active Army.
Mr. ROTHFUS. Mr. Chairman, may I inquire how much time is remaining?
The Acting CHAIR. The gentleman from Pennsylvania has 1 minute
remaining, and the gentleman from Indiana has 2 minutes remaining.
Mr. ROTHFUS. I reserve the balance of my time.
Mr. VISCLOSKY. Mr. Chairman, I only have one more speaker left, and
it is my understanding that, as a member of the committee, I have the
right to close.
The Acting CHAIR. The gentleman from Indiana is correct.
Mr. VISCLOSKY. I reserve the balance of my time until the gentleman
concludes his remarks.
Mr. ROTHFUS. Mr. Chairman, in conclusion, I would just urge my
colleagues to vote ``yes'' on this important amendment to prevent the
premature transfer of Apaches out of the National Guard until the
Commission has had the opportunity to do its work.
This Congress created the National Commission for the very purpose of
studying the impact of transfers such as Apaches out of the Guard after
spending billions of dollars, as my colleague from Pennsylvania has
said.
This was an investment on the part of the taxpayers to build an
operational reserve. We should not take this step until the Commission
has completed its work.
I yield back the balance of my time.
Mr. VISCLOSKY. Mr. Chairman, it is my pleasure to yield my remaining
time to the gentlewoman from Alabama (Mrs. Roby), my colleague from

[[Page H4091]]

the Appropriations Committee, to close the debate.
Mrs. ROBY. I thank the gentleman.
I, too, rise in opposition to this amendment. I will enter into the
Record a letter from General Odierno that I received, as well as
others. It references the FY15 NDAA, which expressly allows for the
transfer of Apaches with no restrictions on additional moves
thereafter.
And it says: ``If we are restricted from transferring any portion of
the 72 Apaches, or must count aircraft inducted into the remanufacture
line as part of that 72, we will have to inactivate one or more of the
battalions in New York, Kansas, or Hawaii, as well as drastically
reduce the work going in the remanufacture plant in 2016.''

Department of the Army,

Washington, DC, June 8, 2015.
U.S. House of Representatives,
Washington, DC.
We are writing to inform you that pending legislation may
cause great damage to the readiness of the United States
Army, create enormous disruption to the lives of thousands of
military family members, harm our industrial base, and
require us to send Soldiers into combat who may not be fully
trained. Specifically, provisions in both the House and
Senate versions of the Fiscal Year (FY) 2016 National Defense
Authorization Act (NDAA), and the House version of the
Defense Appropriations Act will, if enacted, undo last year's
compromise legislation that supported the Army's critically
important Aviation Restructuring Initiative (ARI). The
proposals drastically alter the statutorily permitted
movement of AH-64 Apache helicopters between the Army
National Guard (ARNG) and the Regular Army in 2016--a
transfer authorized in the FY15 NDAA. Accordingly, as
discussed below, to protect our Soldiers and their Families,
we request that you continue to support our comprehensive ARI
plan.
The FY15 NDAA provisions were based on the following
factors, none of which has changed:
The National Guard Bureau's (NGB) alternative to ARI
proposed the transfer of 72 AH-64 Apaches to the Regular
Army;
The decision to transfer the remaining AH-64 Apaches from
the ARNG to the Regular Army would be resolved based on
recommendations by the National Commission on the Future of
the Army; and
The GAO and the Office of the Secretary of Defense CAPE
would conduct independent reviews of both ARI and the NGB
alternative, both of which have since confirmed that the ARI
plan is less costly and provides greater warfighting capacity
than the NGB alternative.
With these principles in mind, the FY15 NDAA allowed the
Army, with the certification of the Secretary of Defense, to
transfer 48 AH-64 Apaches between October 2015 and March
2016, with no restrictions on additional moves thereafter.
Nevertheless, recognizing Congressional concern, the Army
specifically committed to transferring no more than 24
additional Apaches in FY16 for a total of 72, which precisely
matched the number in the National Guard's alternative
proposal. Our FY16 plan provided Congress with time to act
upon the results the Commission's report (to be delivered in
February 2016); allowed for the normal induction of aircraft
into the AH-64 remanufacture line in Arizona; and preserved
the Army's ability to deploy trained and equipped Soldiers
and units into combat. We strictly adhered to FY15 NDAA and
made critical programmatic and operational decisions based
upon it.
The key points of the Army plan for FY16, which is based on
the FY15 NDAA, are below:
Transferring 24 AH-64 Apaches from the ARNG to the 25th
Infantry Division (ID) in Hawaii;
Transferring 24 AH-1-64 Apaches from the ARNG to the 1st ID
in Kansas;
Transferring 24 AH-64 Apaches from the ARNG to the 10th
Mountain Division in New York after 31 March 2016; and
Inducting 24 ARNG and 32 Regular Army AH-64 Apaches for
remanufacture in Arizona.
Should Congress now dismantle this carefully crafted plan,
it would not only be disruptive, but also dangerous for our
Soldiers. As you know, several proposed legislative changes
either prohibit our ability to transfer any or part of the 72
aircraft or require us to count airframes, which were
inducted into the remanufacture process in 2014, against the
permitted transfers in FY16. The potential impacts of these
provisions are stark.
If we are restricted from transferring any portion of the
72 Apaches (24 in October 2015, 24 in February 2016, and 24
in July 2016), or must count aircraft inducted into the
remanufacture line as part of that 72, we will have to
inactivate one or more of the battalions in New York, Kansas,
or Hawaii, as well as drastically reduce the work going into
the remanufacture plant in 2016:
Each battalion inactivation will result in the unplanned
transfer of approximately 500 Soldiers and 1,000 family
members, driven by the absence of the aircraft needed to
train the unit;
Up to three Combat Aviation Brigades (CAB) of 2,500
Soldiers each, will become combat ineffective, because they
will be missing their reconnaissance units, which is half of
their attack capability, thus depriving the entire brigade
this crucial capability;
Nearly 30% of the entire Regular Army combat aviation force
could be rendered ineffective, leaving only eight fully ready
CABs in 2016--compared to the 13 Regular Army CABs that
existed prior to the inactivation of two in FY15; it should
be noted that the ARNG has not reduced a single aircraft or
unit in this same time frame;
We will not be able to meet PACOM requirements for a ``no-
notice'' Korea warfight;
We will have to send Soldiers into combat in Iraq and
Afghanistan without the proper training in Joint Combined
Arms maneuver from the 25th ID, 1st ID, and 10th Mountain
Division; additionally, the remaining Apache Battalions would
have to extend the amount of time they are deployed (note,
they are already operating at a 1:1.5 deploy to dwell ratio);
and
We may have to stop inductions into the AH-64E
remanufacture line, because we could not, under certain
provisions, process 24 Apaches from the ARNG. Additionally,
the risk of losing 32 Regular Army AH-64's for a year, which
are planned for induction, without the backfill transfer of
the 72 Apaches from the ARNG could be too high. This stoppage
could jeopardize a workforce of 4,100 employees in 22 states,
including 2,200 in Arizona, 360 in Alabama, 350 in Florida,
285 in California, and lesser numbers in WA, TX, MO, IL, MS,
OH, WV, PA, NY, VT, NH, CT, NC, SC, and GA.
We face an unprecedented and unpredictable global
environment that continues to morph in dangerous and
unforeseen ways. Now more than ever, we need a force that
provides the capabilities necessary to execute the missions
that we know are coming, as well as the versatility, agility
and depth to handle contingencies we cannot predict. An
absolutely critical component of our force is our aviation
formations, and we must be able to effectively restructure
them to meet current and future demands. Accordingly, we need
your support to ensure that the framework created by the FY15
NDAA remains in place. We owe this to our Soldiers, their
Families, our industry partners and, most importantly, the
American people. Simply put, delaying or derailing ARI
jeopardizes your Army, and our Nation's security.
We appreciate your time and thoughtful consideration of
this matter.
Sincerely,
Raymond T. Odierno,
General, United States Army Chief of Staff.
John M. McHugh,
Secretary of the Army.

Mrs. ROBY. Look, friends and colleagues, we have heard from several
Members about the devastating impacts that any delay in ARI would have
on our Army.
But let's take time to revisit why we are here in the first place. We
are here because this Congress put the Army in the position to have to
make these difficult decisions in the first place. We are here because
of a thing called sequestration. And if there has ever been a time for
a stronger argument to revisit this so that we can properly fund all of
our military across all branches so that they are not put in this box
where the Army has to make these tough decisions, now is the time.
We have got to properly fund the United States military. So here we
have a letter from a highly respected Chief of Staff of the U.S. Army
to Congress saying, If you do this, if you delay these helicopter
transfers, you will create a domino affect that will result in the
United States of America sending our soldiers to Afghanistan and Iraq
who are neither fully trained or in fully equipped.
We have to do better. We have to do better. And this is the case.
Again, I oppose this amendment, and I call on my colleagues to revisit
fully funding our military and repealing the sequester.
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 Pennsylvania (Mr. Rothfus).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. ROTHFUS. 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 Pennsylvania
will be postponed.
The Clerk will read.
The Clerk read as follows:

Sec. 8117. None of the funds made available in this Act
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) to
initiate support for, or expand support to, foreign forces,
irregular forces, groups, or individuals unless the
congressional defense committees are notified in

[[Page H4092]]

accordance with the direction contained in the classified
annex accompanying this Act, not less than 15 days before
initiating such support: Provided, 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
this section 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. 8118. (a) Within 90 days of enactment of this Act, the
Secretary of Defense shall submit a report to the
congressional defense committees to assess whether the
justification and approval requirements under section 811 of
the National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84; 123 Stat. 2405) have, inconsistent with
the intent of Congress--
(1) negatively impacted the ability of covered entities to
be awarded sole-source contracts with the Department of
Defense greater than $20,000,000;
(2) discouraged agencies from awarding contracts greater
than $20,000,000 to covered entities; and
(3) been misconstrued and/or inconsistently implemented.
(b) The Comptroller General shall analyze and report to the
congressional defense committees on the sufficiency of the
Department's report in addressing the requirements; review
the extent to which section 811 has negatively impacted the
ability of covered entities to be awarded sole-source
contracts with the Department, discouraged agencies from
awarding contracts, or been misconstrued and/or
inconsistently implemented.
Sec. 8119. None of the funds made available by this Act
may be used with respect to Iraq in contravention of the War
Powers Resolution (50 U.S.C. 1541 et seq.), including for the
introduction of United States armed forces into hostilities
in Iraq, into situations in Iraq where imminent involvement
in hostilities is clearly indicated by the circumstances, or
into Iraqi territory, airspace, or waters while equipped for
combat, in contravention of the congressional consultation
and reporting requirements of sections 3 and 4 of such
Resolution (50 U.S.C. 1542 and 1543).
Sec. 8120. None of the funds made available by this Act
may be used to divest, retire, transfer, or place in storage
or on backup aircraft inventory status, or prepare to divest,
retire, transfer, or place in storage or on backup aircraft
inventory status, any A-10 aircraft, or to disestablish any
units of the active or reserve component associated with such
aircraft.
Sec. 8121. Of the funds provided for ``Research,
Development, Test and Evaluation, Defense-Wide'' in this Act,
not less than $2,800,000 shall be used to support the
Department's activities related to the implementation of the
Digital Accountability and Transparency Act (Public Law 113-
101; 31 U.S.C. 6101 note) and to support the implementation
of a uniform procurement instrument identifier as described
in subpart 4.16 of Title 48, Code of Federal Regulations, to
include changes in business processes, workforce, or
information technology.
Sec. 8122. None of the funds provided in this or any other
Act may be transferred to the National Sea Based Deterrent
Fund established by section 2218a of title 10, United States
Code.

{time} 2015

Amendment Offered by Mr. Forbes

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

Strike section 8122.

The Acting CHAIR. Pursuant to House Resolution 303, the gentleman
from Virginia and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Virginia.
Mr. FORBES. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, it is rare to find an amendment to an appropriation
bill that has already been supported by 375 Members of this House; yet
this amendment has, 90 percent of the House. It is rare to find an
amendment to an appropriation bill that has such bipartisan support;
yet this amendment has.
This is an amendment not put in by just me, but by my good friend Mr.
Courtney, by Mr. Wittman, by Mr. Langevin, by Mr. Rogers, by Ms.
DeLauro--three HASC subcommittee chairmen, two HASC ranking members,
and a Defense appropriator. It is an amendment that is supported by the
chairman of the House Armed Services Committee and the ranking member
of the House Armed Services Committee.
It is rare to find such different groups in support, the Navy League,
the United Auto Workers, International Brotherhood of Boilermakers,
AFL-CIO; yet this amendment has that support.
The reason these planets are all aligning in this rare configuration
is because it is also rare--in fact, once every other generation--that
we have to build something like the Ohio class submarine; yet it falls
upon this generation.
In 4 years, we will begin the procurement. In 6 years, we will start
construction of 12 ships--they call boats--that will carry 70 percent
of the nuclear deterrence of this country--$92 billion.
The national sea-based deterrence fund we formed last year helps us
prepare for that in advance, instead of waiting until the night before
to come up with $92 billion. It transfers $1.4 billion into a fund and
allows the Department of Defense to find other moneys, a rare thing for
the government to actually prepare in advance, instead of waiting until
the last minute to prepare. It will help to purchase in bulk and save
perhaps millions, maybe even billions of dollars.
Now, I know there are voices that say in this world, with all the
threats we see and all the demands we have for national defense, we
cannot find creative solutions, and we have to do everything the way we
have always done it.
We disagree because, if we are not creative, if we don't find other
solutions, CRS says we could lose--32 other ships, including as many as
8 Virginia class subs, 8 destroyers, and 16 combatant ships.
Those same voices will say, We can't set up a fund like that; yet
they have already set up four different funds very similar to that.
We ask for your support for this amendment.
I reserve the balance of my time.
Mr. FRELINGHUYSEN. Mr. Chairman, I claim the time in opposition.
The Acting CHAIR. The gentleman from New Jersey is recognized for 5
minutes.
Mr. FRELINGHUYSEN. Mr. Chairman, our committee strongly supports the
Ohio class submarine. We have done it for years.
Both the gentleman from Indiana (Mr. Visclosky) and I not only serve
on the Defense Appropriations Subcommittee and provide its leadership,
but we have also supported this program on Energy and Water, which is
the other part of the package.
With respect, the gentleman from Virginia's amendment proposes to
strike a provision of the bill, prohibits the transfer of funds to the
national sea-based deterrence fund, a reserve established but not
funded last year in the NDAA.
We recognize this submarine will be expensive; however, the national
sea-based deterrence fund will not make the submarine any less
expensive, and it will not increase resources available to the
Department of Defense.
This Congress has an important responsibility to provide resources to
all of our military services and the intelligence community. Under the
structure of this special fund, the Secretary of Defense has the
authority to divert dollars into this new fund from the Army, Marines,
Air Force, Special Forces, missile defense, ISR, and other types of
essential programs. This is the wrong approach. It removes,
furthermore, congressional oversight from the Secretary of Defense.
Secondly, if the President determines the Ohio class replacement is a
must-fund platform, then the Navy should buy it, just as it has every
other submarine in its inventory that our committee has supported.
Establishing a special fund to pay for the submarine is an attempt to
have other military services pay for what is a Navy responsibility.
I reserve the balance of my time.
Mr. FORBES. Mr. Chairman, could I ask how much time I have left?
The Acting CHAIR. The gentleman from Virginia has 2\1/2\ minutes
remaining.
Mr. FORBES. Mr. Chairman, I yield 1 minute to the distinguished
gentleman from Connecticut (Mr. Courtney).
Mr. COURTNEY. Mr. Chairman, I do not doubt for a second the sincerity
of the chairman and the ranking member and their support for the Ohio
replacement program.
This chart, which the Navy produced, showing the 30-year shipbuilding
plan, if we fully fund the Ohio class program,

[[Page H4093]]

as well as a 300-ship Navy, demonstrates exactly the problem that
confronts us today.
It shows, again, a red line across, which shows the modern era of
shipbuilding at about $15 billion a year; and, with the yellow portion
of the chart, it shows how, for 13 years, Congress, starting in the
2020s, is going to be asked to raise unprecedented amounts of money for
the shipbuilding account.
The fact of the matter is this is an asset that is not just the
Navy's; it is the country's. Under New START, 70 percent of the nuclear
triad will be borne by the Navy through its submarine program, far
greater than in the past.
The Air Force and their long-range bombers and the Army, with their
ground-based systems, are not going to be bearing the same burden as a
result of the Ohio class' planned burden under New START.
We have an opportunity to do something sensible, which is based in
clear precedent, as the gentleman from Virginia indicated.
The sealift fund was funded out of the shipbuilding account. The
missile-based system was funded on a separate account because these are
national assets that provided assistance and national security across
the board for the Pentagon.
Support this amendment if you support a strong shipbuilding account
and protect the shipbuilding industrial base of this country.
Mr. FRELINGHUYSEN. Mr. Chairman, I reserve the balance of my time.
Mr. FORBES. Mr. Chairman, I yield 30 seconds to the gentleman from
Virginia (Mr. Wittman), the chairman of the House Armed Services
Subcommittee on Readiness.
Mr. WITTMAN. Mr. Chairman, I urge my colleagues to support this
critical amendment to restore the national sea-based deterrence fund.
This amendment is critical to maintaining our Nation's nuclear
deterrence and ensure a robust Navy shipbuilding budget.

It makes sense now to set aside funding for the Ohio class submarine
replacement program. This makes sure that, down the road, we are not
forced to choose between building a replacement ballistic missile
submarine or a destroyer or an aircraft carrier.
The Navy already faces challenges in building enough warships to meet
the global threats our Nation faces. Funding the national sea-based
deterrence fund is the best solution to maintaining national strategic
deterrence without hollowing out the Navy's shipbuilding budget.
I urge my colleagues to support this amendment and yield back the
balance of my time.
Mr. FRELINGHUYSEN. I will continue to reserve the balance of my time.
Mr. FORBES. Mr. Chairman, I yield 45 seconds to the distinguished
gentleman from Rhode Island (Mr. Langevin), who is the ranking member
of the Emerging Threats Subcommittee for the House Armed Services
Committee.
Mr. LANGEVIN. I thank the gentleman for yielding.
Mr. Chairman, the national sea-based deterrence fund is critical to
the future of our national security. It provides space outside the
shipbuilding fund for the most survivable piece of our national
deterrence, a bill that last came due in the 1980s in the Reagan
defense buildup.
Mr. Chairman, these boats are absolutely essential. This is not just
a Navy issue, as Secretary of Defense Connor has said. This is a
national priority. The deterrence fund allows us to treat it
accordingly and avoid pressuring the Navy out of badly needed
investments in other ships and capabilities.
Unless Congress acts, these boats will consume half of the projected
shipbuilding funding for a decade, causing crippling shortages that
would echo in our fleet for decades after.
We and many of our colleagues have worked on a bipartisan basis to
rise to this challenge, and the result is this sea-based deterrence
fund.
Earlier this year, this body spoke loudly and clearly in overwhelming
support of the fund and its purposes.
I urge my colleagues to reaffirm that position with this amendment.
Mr. FRELINGHUYSEN. Mr. Chairman, I yield 1 minute to the gentleman
from Oregon (Mr. Blumenauer).
Mr. BLUMENAUER. I appreciate the gentleman's courtesy.
Mr. Chairman, this is where reality comes into play. We talked about
this earlier. Having a fund that is set up does not evade the
responsibility of providing the long-term funding.
All of these things in the Department of Defense are priorities, and
our friends on the Appropriations Committee have the difficult job of
trying to balance these priorities and have the big picture available
to them.
I think they have done exactly the right thing. I think this needs to
be subsumed within the overall budget. There is no magic money. Having
something that subverts the hard work that we ask the Appropriations
Committee to do, I think, is the wrong thing to do.
It is not easy to stand up and make this argument, but I appreciate
what they have done. They did it last year, and it was appropriate.
They have done it this year, and it is appropriate. We have to be able
to deal with this in a comprehensive way and not use sleight of hand.
I appreciate what the chair and ranking member have done.
Mr. FRELINGHUYSEN. Mr. Chairman, I yield the balance of my time to
the gentleman from Indiana (Mr. Visclosky), the ranking member.
Mr. VISCLOSKY. I thank Chairman Frelinghuysen for yielding.
Mr. Chairman, I rise to join in opposition to the amendment in the
strongest possible terms. I certainly respect the position of my
colleagues on the other side of this argument, but I do remind my
colleagues that the CBO estimates that this program is going to cost
somewhere between $102 and $107 billion.
You are absolutely correct. This is a very expensive program, and we
ought to be very, very careful. Given the tremendous financial
resources that we will be required to modernize or replace the U.S.
nuclear delivery systems and weapons over the next two decades, it is
imperative that Congress begin to make tough decisions now and not set
up segregated funds.
Unfortunately, this fund is a means to avoid those tough decisions.
Firstly, the fund in no way solves the problem of where are we going to
get the money. It is not going to make the next generation of ballistic
missile submarines any cheaper. It simply shifts the burden for paying
for their construction from the Department of the Navy to the entire
Department of Defense.
I categorically disagree with the amendment's sponsor relative to
this replacement program and the suggestion that it should exist
outside the existing Navy shipbuilding account.
The sponsors are correct that the funding for that shipbuilding
account has been relatively flat in recent years. However, if the Ohio
class replacement and the 300-ship Navy are priorities of this Nation
and consistent with our national defense strategy, then we ought to pay
for both in a transparent manner by increasing the resources in the
shipbuilding account and not resort to setting up independent funds.
Further, the sponsors indicate that this is a national priority, and
I would not argue that point. These systems play a very important role
in our nuclear deterrence, so do our long-range bombers and the weapons
that they carry.
The Acting CHAIR. The time of the gentleman has expired.
Mr. VISCLOSKY. Mr. Chairman, I move to strike the last word.
The Acting CHAIR. The gentleman from Indiana is recognized for 5
minutes.
Mr. VISCLOSKY. Mr. Chairman, long-range bombers also provide
protection for this country as well as the weapons they carry. I think
they qualify as national asset distinctions. Should we then set up
funds for these programs?
Let's think about other priorities within the Department. Should we
set up a fund for the Army's 82nd Airborne? Should we set up a fund for
the Air Force combat rescue officers? They are very deserving. Should
we set up a fund for the special Marine Air-Ground Task Force? They are
very deserving.
Another concern that I have is it really expands and transfers
authority to the Secretary of Defense. The last time I looked, we have
a constitutional responsibility to make decisions ourselves.

[[Page H4094]]

The fact is we already have a segregated fund that has drawn a lot of
attention to this bill that is called the overseas contingency
operations fund. Should we start picking between services now as to
which one should receive special treatment? Should we then pick
programs within particular services? I think not.
Again, I strongly oppose the amendment and am pleased to join with
the chairman in opposition.
I yield back the balance of my time.

{time} 2030

Mr. FORBES. Can I request how much time I have left?
The Acting CHAIR (Mr. Carter of Georgia). The gentleman from Virginia
has 15 seconds remaining.
Mr. FORBES. Mr. Chairman, the last two speakers have made my point
for me. Mr. Blumenauer made the same arguments 4 weeks ago. It was
defeated by 375 votes.
The last gentleman that spoke said it is $102 billion. The question
is whether we wait until the night before to come up with $102 billion
or whether we start now and make sure we have it. This is a national
priority. I hope we will pass this amendment and build these ships.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Virginia (Mr. Forbes).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. FORBES. 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 Virginia
will be postponed.
The Clerk will read.
The Clerk read as follows:

Sec. 8123. None of the funds provided in this Act for the
T-AO(X) program shall be used to award a new contract that
provides for the acquisition of the following components
unless those components are manufactured in the United
States: Auxiliary equipment (including pumps) for shipboard
services; propulsion equipment (including engines, reduction
gears, and propellers); shipboard cranes; and spreaders for
shipboard cranes.

(including transfer of funds)

Sec. 8124. In addition to amounts provided elsewhere in
this Act for military personnel pay, including active duty,
reserve and National Guard personnel, $700,000,000 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. 8125. The amounts appropriated in title II of this
Act are hereby reduced by $359,000,000 to reflect excess cash
balances in Department of Defense Working Capital Funds, as
follows:
(1) From ``Operation and Maintenance, Army'', $138,000,000;
(2) From ``Operation and Maintenance, Defense-Wide'',
$221,000,000.
Sec. 8126. Notwithstanding any other provision of this
Act, to reflect savings due to lower than anticipated fuel
prices, the total amount appropriated in this Act is hereby
reduced by $814,000,000.
Sec. 8127. None of the funds made available by this Act
may be used to reduce the end strength levels for the Army
National Guard of the United States below the levels
specified for the Army National Guard of the United States in
subtitle B of title IV of the National Defense Authorization
Act for Fiscal Year 2015 (Public Law 113-291): Provided, That
this section shall continue in effect through the date of
enactment of the National Defense Authorization Act for
fiscal year 2016.
Sec. 8128. None of the funds made available by this Act
may be used to enforce section 526 of the Energy Independence
and Security Act of 2007 (Public Law 110-140; 42 U.S.C.
17142).

TITLE IX

GLOBAL WAR ON TERRORISM

MILITARY PERSONNEL

Military Personnel, Army

For an additional amount for ``Military Personnel, Army'',
$5,664,570,000: 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.

Military Personnel, Navy

For an additional amount for ``Military Personnel, Navy'',
$1,643,136,000: 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.

Military Personnel, Marine Corps

For an additional amount for ``Military Personnel, Marine
Corps'', $555,998,000: 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.

Military Personnel, Air Force

For an additional amount for ``Military Personnel, Air
Force'', $2,376,095,000: 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.

Reserve Personnel, Army

For an additional amount for ``Reserve Personnel, Army'',
$24,462,000: 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.

Reserve Personnel, Navy

For an additional amount for ``Reserve Personnel, Navy'',
$12,693,000: 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.

Reserve Personnel, Marine Corps

For an additional amount for ``Reserve Personnel, Marine
Corps'', $3,393,000: 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.

Reserve Personnel, Air Force

For an additional amount for ``Reserve Personnel, Air
Force'', $18,710,000: 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.

National Guard Personnel, Army

For an additional amount for ``National Guard Personnel,
Army'', $166,015,000: 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.

National Guard Personnel, Air Force

For an additional amount for ``National Guard Personnel,
Air Force'', $2,828,000: 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

Operation and Maintenance, Army

For an additional amount for ``Operation and Maintenance,
Army'', $18,910,604,000: 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.

Amendment Offered by Ms. McCollum

Ms. McCOLLUM. 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, line 7, after the dollar amount, insert
``(reduced by $80,000,000)''.
Page 123, line 7, after the dollar amount, insert
``(increased by $80,000,000)''.

The Acting CHAIR. Pursuant to House Resolution 303, the gentlewoman
from Minnesota and a Member opposed each will control 5 minutes.
The Chair recognizes the gentlewoman from Minnesota.
Ms. McCOLLUM. Mr. Chairman, the amendment I am offering with my
colleague from Kentucky (Mr. Barr) uses the global war on terrorism
funds for the Army operations and maintenance to provide $80 million in
the same account for hard body armor for the Soldier Protection System
Vital Torso Protection equipment program.
Now, every warfighter deployed or scheduled to be deployed deserves
to be provided with the most advanced and the lightest hard body armor.
The amendment will ensure that the deployed soldiers are protected with
the modern body armor they need. Presently, this bill provides no funds
for the Army hard body armor.
This amendment will also help to ensure that the industrial base
producing the specialized boron carbide powder, fabricating ceramic
plates, and producing finished hard body armor can stay in business and
sustain production of the lifesaving soldier protection equipment.
The body armor industry is in crisis, and that puts our troops at
risk.
Last year, the House and Senate appropriated $80 million to the Army
for industrial preparedness body armor.

[[Page H4095]]

All four congressional defense committees explicitly directed the Army
to ensure that the industrial base is able to continue the development
and manufacture of more advanced body armor.
Despite this clear and explicit direction, the Army has completely
ignored Congress. The Army's failure to sustain the body armor
industrial base has put a vital industry at risk and is causing layoffs
among very specialized employees, which puts the entire industry at
risk.
There is no doubt that our troops deserve modern, lightweight body
armor that requires a strong, reliable, and fully capable industrial
base.
Mr. Chairman, may I inquire as to how much time is remaining?
The Acting CHAIR. The gentlewoman from Minnesota has 3 minutes
remaining.
Ms. McCOLLUM. I yield 2\1/2\ minutes to the gentleman from Kentucky
(Mr. Barr), my good friend, my colleague on this issue.
Mr. BARR. Mr. Chair, I want to thank the gentlewoman from Minnesota
for her leadership on this issue and partnership in supporting this
important and critical mission of our military to make sure that the
United States warfighter in combat has the most advanced, lightweight
body armor available to protect that soldier in the field against the
enemy, and we must act now to make sure that the U.S. Army does what is
the intent of the Congress.
As the gentlewoman pointed out, despite the fact that Congress has
been clear on this matter, despite the fact that report language for
both the FY15 and FY16 Defense Appropriations measures recognize the
importance of lightweight body armor protecting soldiers in combat, we
encouraged the Secretary of the Army to ensure that the body armor
industrial base was able to continue the development and manufacture of
more advanced body armor by implementing the body armor modernization
through a replenishment program.
Despite all of that, despite the articulation of the clear will of
this body, the Army has not used and deployed the funds appropriated
properly, and the Department of Defense was at odds because the Army
did not deploy the resources appropriated until, or expressed the
intent of not deploying those resources until the end of the fiscal
year.
What this amendment will do is make sure that congressional intent is
honored, make sure that the armor industrial base is properly
maintained, and most importantly and most critically, when our men and
women are called into combat to defend liberty and freedom, that we
give them the tools that they need to keep them safe and carry out
their mission with victory and honor.
Ms. McCOLLUM. Mr. Chairman, once again, this $80 million is to
provide body armor for the Soldier Protection System Vital Torso
Protection equipment program. I ask for Members' support.
I yield back the balance of my time.
Mr. FRELINGHUYSEN. Mr. Chairman, I rise in opposition, but, in fact,
I support the amendment put forward by a member of our committee.
The Acting CHAIR. Without objection, the gentleman from New Jersey is
recognized for 5 minutes.
There was no objection.
Mr. FRELINGHUYSEN. I thank the gentlewoman from Minnesota for her
amendment, as well as the gentleman from Kentucky for his strong
advocacy.
Supporting our industrial base is a strong priority of mine and our
committee's. We think this amendment is a good idea. It sends another
message to the bureaucracy that we mean what we say.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from Minnesota (Ms. McCollum).
The amendment was agreed to.
The Acting CHAIR. The Clerk will read.
The Clerk read as follows:

Operation and Maintenance, Navy

(including transfer of funds)

For an additional amount for ``Operation and Maintenance,
Navy'', $6,747,313,000: of which up to $160,002,000 may be
transferred to the Coast Guard ``Operating Expenses''
account, notwithstanding the provisions of section 2215 of
title 10, United States Code: 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, Marine Corps

For an additional amount for ``Operation and Maintenance,
Marine Corps'', $1,871,834,000: 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, Air Force

For an additional amount for ``Operation and Maintenance,
Air Force'', $10,799,220,000: 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, Defense-Wide

For an additional amount for ``Operation and Maintenance,
Defense-Wide'', $7,559,131,000: Provided, That of the funds
provided under this heading, not to exceed $1,260,000,000, to
remain available until September 30, 2017, shall be for
payments to reimburse key cooperating nations for logistical,
military, and other support, including access, provided to
United States military and stability operations in
Afghanistan and to counter the Islamic State of Iraq and the
Levant: Provided further, That such reimbursement payments
may be made in such amounts as the Secretary of Defense, with
the concurrence of the Secretary of State, and in
consultation with the Director of the Office of Management
and Budget, may determine, based on documentation determined
by the Secretary of Defense to adequately account for the
support provided, and such determination is final and
conclusive upon the accounting officers of the United States,
and 15 days following notification to the appropriate
congressional committees: Provided further, That these funds
may be used for the purpose of providing specialized training
and procuring supplies and specialized equipment and
providing such supplies and loaning such equipment on a non-
reimbursable basis to coalition forces supporting United
States military and stability operations in Afghanistan and
to counter the Islamic State of Iraq and the Levant, and 15
days following notification to the appropriate congressional
committees: Provided further, That these funds may be used to
support the Government of Jordan, in such amounts as the
Secretary of Defense may determine, to maintain the ability
of the Jordanian armed forces to maintain security along the
border between Jordan and Syria, upon 15 days prior written
notification to the congressional defense committees
outlining the amounts reimbursed and the nature of the
expenses to be reimbursed: Provided further, That not to
exceed $15,000,000 can be used for emergencies and
extraordinary expenses, to be expended on the approval or
authority of the Secretary of Defense, and payments may be
made on his certificate of necessity for confidential
military purposes: Provided further, That the authority in
the preceding proviso may only be used for emergency and
extraordinary expenses associated with activities to counter
the Islamic State of Iraq and the Levant: Provided further,
That of the funds provided under this heading, up to
$30,000,000 shall be for Operation Observant Compass:
Provided further, That the Secretary of Defense shall provide
quarterly reports to the congressional defense committees on
the use of funds provided in this paragraph: 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.

Amendment Offered by Mr. Poe of Texas

Mr. POE of Texas. 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, line 16, after the dollar amount, insert
``(reduced by $430,000,000)''.

The Acting CHAIR. Pursuant to House Resolution 303, the gentleman
from Texas and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Texas.
Mr. POE of Texas. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, my amendment cuts aid to Pakistan in half. Pakistan is
the Benedict Arnold nation in the list of countries that we call our
allies.
Before Osama bin Laden met his maker in 2011 in one of the greatest
U.S. military raids ever conducted, bin Laden was living in plain sight
in a bustling military town. To think that the most senior levels of
the Pakistani Government did not know that he was there requires, as
Secretary Clinton said, ``the willing suspension of disbelief.''

[[Page H4096]]

This February, the former head of Pakistan's version of the CIA,
called the ISI, said that Pakistan most likely sheltered Osama bin
Laden. And just last month, three U.S. intelligence sources told NBC
News that Pakistan knew where Osama bin Laden was hiding all the time.
Not only did Pakistan not help us get Osama bin Laden, Pakistan threw
the doctor who did help us under the bus and put him in jail for 33
years for cooperating with America.
Pakistan did not help us because Pakistan was working with Osama bin
Laden. Newly released documents retrieved from bin Laden's compound
show that Pakistan's intelligence service was in contact with bin Laden
and was working with him to convince U.S. leaders to negotiate with al
Qaeda.
There are some who say we need Pakistan to help us fight the war in
Afghanistan, but Pakistan is on the wrong side. Pakistan is helping the
terrorists, not us. Pakistan's intelligence service gives safe haven,
resources, and training to terrorist groups, like the Haqqani network
that has killed dozens of Americans.
On September 22, 2011, Admiral Mike Mullen, Chairman of the Joint
Chiefs of Staff, testified before the Senate Armed Services Committee:
``With ISI support, Haqqani operatives planned and conducted the truck
bomb attack, as well as the assault on our Embassy.''
The truck bombing he mentions wounded more than 70 U.S. and NATO
troops. Admiral Mullen went on to say: ``The Haqqani network acts as a
veritable arm of Pakistan's Inter-Services Intelligence agency.''
Throughout 2011, Pakistan tried to cheat the United States by filling
out bogus reimbursement claims for allegedly going after terrorists
when they weren't even doing that. That is the same account this money
funds.
There are others who say we need Pakistan's southern supply route to
help our troops in Afghanistan. But for 7 months in 2012, Pakistan
closed off the supply route, and we did just fine. What we really need
access to is Pakistan's tribal areas. Terrorists that kill our troops
in Afghanistan run back and forth across the Pakistan border and hide
in these tribal areas, but Pakistan won't let our troops chase them
there. And so the terrorists kill Americans, and they get away with it.
Pakistan did do some military operations in the tribal areas last
year, but they tipped off the Haqqani network before they got there
that they were coming. Pakistan tipping off terrorists is nothing new.
Last fall, Leon Panetta, Secretary of Defense at the time of the bin
Laden raid, says of the Pakistanis, ``We just can't trust them.'' I
agree. We can't trust Pakistan.
My amendment does not cut money to protect Pakistan's nuclear
weapons. The amendment does recognize the U.S.-Pakistan relationship
for what it is. We don't need to pay Pakistan to be our enemy; they
will do it for free. Pakistan has already received over $30 billion of
our money since 2002. After 13 years of giving Pakistan more and more
money, it is time to do something different. My amendment simply cuts
the money we give Pakistan in half.
I reserve the balance of my time.

{time} 2045

Mr. FRELINGHUYSEN. Mr. Chairman, I rise in opposition to the
gentleman's amendment.
I certainly understand the gentleman's passion, and at times, I share
some of the same concerns he stated in his remarks.
Just to put a little perspective on it, the coalition support fund
allows the Secretary of Defense to reimburse any key cooperating nation
for logistical and military support, including access, specialized
training to personnel, procurement and provision of supplies and
equipment provided by that nation in connection with the U.S. military
operations in Operation Enduring Freedom.
Receipts for reimbursements are submitted by cooperating nations and
are fully vetted by the Pentagon and follow strict criteria to meet the
standard for reimbursement, and all payments are made in arrears and
follow a notification to Congress, so there is a notification to
Congress.
Regarding Pakistan, the coalition support fund remains a critical
tool to enable Pakistan to effectively deal with future challenges
emerging from the U.S. drawdown. At times, I wonder whether we are
withdrawing.
It is also a cost-effective tool, some would say, for the U.S. to
remain engaged in the region. I know all too well that our relationship
with Pakistan is an uncomfortable one; I feel it, but these funds are
sent to reimburse Pakistan for actions to protect our interests.
These reimbursements are made to maintain some 186 Pakistani forces
along 1,600 miles of border between Pakistan and Afghanistan to deter
cross-border conflict, movement, and counterterrorism-counterinsurgency
operations throughout the FATA, the Federally Administered Tribal
Areas.
The focus of this core level is against TTP, an al Qaeda-allied
organization that conducts regional terrorist and insurgent attacks.
Nearly 28,000 militants were killed, injured, or arrested due to these
operations. Pakistan itself--and this doesn't get much press--has
suffered a lot of casualties themselves, about 5,000, while attempting
to secure this treacherous border.
Continued support of the deployment of the Pakistan Armed Forces in
FATA and other areas in the future is needed for the long-term
stability of the area.
I must oppose the amendment, although I understand the passion with
which the gentleman has made his argument because I think it is in our
long-term interest to have this relationship.
I would be happy to yield to the gentleman from Indiana (Mr.
Visclosky), my ranking member.
Mr. VISCLOSKY. Mr. Chairman, I thank the chairman for yielding and
would acknowledge the gentleman from Texas' legitimate concern.
I would associate myself with the chairman's remark, but make one
important addition, and that is the chairman has been adamant that we
be very, very careful about our relationship with Pakistan, and the
bill recognizes difficulties we face.
I would draw the Member's attention to section 9015 that prohibits
funds to Pakistan if the government is engaged in activities that
present a concern to the government of the United States.
I appreciate that the chairman insisted on that language. That is
included in the bill.
Mr. FRELINGHUYSEN. Mr. Chairman, I yield back the balance of my time.
Mr. POE of Texas. Mr. Chairman, how much time do I have remaining?
The Acting CHAIR. The gentleman from Texas has 1 minute remaining.
Mr. POE of Texas. Mr. Chairman, I thank the ranking member and the
chairman of the committee.
Pakistan cannot be trusted. They lie about the reimbursements. They
have not met the criteria that the ranking member has talked about the
last 4 years, and they got the money anyway. They are playing us, Mr.
Chairman, and we pay them; and they use that money to hurt us, to hurt
Americans.
This amendment says: we are cutting the money in half because of your
prior conduct that shows you can't be trusted.
That is all this amendment does.
I would hope Members of Congress would send a message to Pakistan: we
are not going to pay you to hate us and pay you to kill us; we are
going to cut the money off.
And that is just the way it is.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Texas (Mr. Poe).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. POE of Texas. 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 Texas will
be postponed.
The Clerk will read.
The Clerk read as follows:

Operation and Maintenance, Army Reserve

For an additional amount for ``Operation and Maintenance,
Army Reserve'', $124,559,000: 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, Navy Reserve

For an additional amount for ``Operation and Maintenance,
Navy Reserve'', $34,187,000: Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to

[[Page H4097]]

section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985.

Operation and Maintenance, Marine Corps Reserve

For an additional amount for ``Operation and Maintenance,
Marine Corps Reserve'', $3,455,000: 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, Air Force Reserve

For an additional amount for ``Operation and Maintenance,
Air Force Reserve'', $209,606,000: 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, Army National Guard

For an additional amount for ``Operation and Maintenance,
Army National Guard'', $160,845,000: 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, Air National Guard

For an additional amount for ``Operation and Maintenance,
Air National Guard'', $225,350,000: 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.

Counterterrorism Partnerships Fund

(including transfer of funds)

For the ``Counterterrorism Partnerships Fund'',
$2,060,000,000, to remain available until September 30, 2017:
Provided, That such funds shall be available to provide
support and assistance to foreign security forces or other
groups or individuals to conduct, support, or facilitate
counterterrorism and crisis response activities pursuant to
section 1534 of the Carl Levin and Howard P. ``Buck'' McKeon
National Defense Authorization Act for Fiscal Year 2015:
Provided further, That the Secretary of Defense shall
transfer the funds provided herein to other appropriations
provided for in this Act to be merged with and to be
available for the same purposes and subject to the same
authorities and for the same time period as the appropriation
to which transferred: Provided further, That the transfer
authority under this heading is in addition to any other
transfer authority provided elsewhere in this Act: Provided
further, That the funds available under this heading are
available for transfer only to the extent that the Secretary
of Defense submits a prior approval reprogramming request to
the congressional defense committees: Provided further, That
the Secretary of Defense shall comply with the appropriate
vetting standards and procedures established elsewhere in
this Act for any recipient of training, equipment, or other
assistance: Provided further, That the amount provided under
this heading 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.

Afghanistan Security Forces Fund

For the ``Afghanistan Security Forces Fund'',
$3,762,257,000, 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 Commander, Combined Security
Transition Command--Afghanistan, or the Secretary's designee,
to provide assistance, with the concurrence of the Secretary
of State, to the security forces of Afghanistan, including
the provision of equipment, supplies, services, training,
facility and infrastructure repair, renovation, construction,
and funding: Provided further, That the Secretary of Defense
may obligate and expend funds made available to the
Department of Defense in this title for additional costs
associated with existing projects previously funded with
amounts provided under the heading ``Afghanistan
Infrastructure Fund'' in prior Acts: Provided further, That
such costs shall be limited to contract changes resulting
from inflation, market fluctuation, rate adjustments, and
other necessary contract actions to complete existing
projects, and associated supervision and administration costs
and costs for design during construction: Provided further,
That the Secretary may not use more than $50,000,000 under
the authority provided in this section: Provided further,
That the Secretary shall notify in advance such contract
changes and adjustments in annual reports to the
congressional defense committees: Provided further, That the
authority to provide assistance under this heading is in
addition to any other authority to provide assistance to
foreign nations: Provided further, That contributions of
funds for the purposes provided herein from any person,
foreign government, or international organization may be
credited to this Fund, to remain available until expended,
and used for such purposes: Provided further, That the
Secretary of Defense shall notify the congressional defense
committees in writing upon the receipt and upon the
obligation of any contribution, delineating the sources and
amounts of the funds received and the specific use of such
contributions: Provided further, That the Secretary of
Defense shall, not fewer than 15 days prior to obligating
from this appropriation account, notify the congressional
defense committees in writing of the details of any such
obligation: Provided further, That the Secretary of Defense
shall notify the congressional defense committees of any
proposed new projects or transfer of funds between budget
sub-activity groups in excess of $20,000,000: Provided
further, That the United States may accept equipment procured
using funds provided under this heading in this or prior Acts
that was transferred to the security forces of Afghanistan
and returned by such forces to the United States: Provided
further, That equipment procured using funds provided under
this heading in this or prior Acts, and not yet transferred
to the security forces of Afghanistan or transferred to the
security forces of Afghanistan and returned by such forces to
the United States, may be treated as stocks of the Department
of Defense upon written notification to the congressional
defense committees: Provided further, That of the funds
provided under this heading, not less than $10,000,000 shall
be for recruitment and retention of women in the Afghanistan
National Security Forces, and the recruitment and training of
female security personnel: 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.

Amendment Offered by Mr. Walberg

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

Page 130, beginning line 2, strike ``Provided'' and all
that follows through line 17.

The Acting CHAIR. Pursuant to House Resolution 303, the gentleman
from Michigan and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Michigan.
Mr. WALBERG. Mr. Chairman, I yield myself such time as I may consume.
I rise to offer a bipartisan amendment with Ms. Esty of Connecticut,
Mr. Cohen of Tennessee, Mr. Jones of North Carolina, and Mr. Cicilline
of Rhode Island that works to assure the appropriate use of American
taxpayer dollars in Afghanistan.
This amendment is in keeping with the clear position of the House, as
we have voted numerous times in bipartisan fashion to limit funds for
the Afghanistan infrastructure fund, a program which has been poorly
run and is lacking in oversight.
This amendment would specifically strike the language which allows
$50 million in funds for the Afghanistan security forces fund to be
redirected toward the Afghanistan infrastructure fund account.
Mr. Chairman, we have spent billions of dollars toward rebuilding the
infrastructure of Afghanistan, and Congress has provided $1.3 billion
to the Afghanistan infrastructure fund since it was created in 2011.
However, funds have been slow to be spent; and, as of March 31, 2015,
more than 55 percent of AIF funds remain to be expended.
Additionally, the Special Inspector General for Afghanistan
Reconstruction, SIGAR, has repeatedly found that DOD has experienced
challenges in executing large infrastructure projects and that many
projects underway are behind schedule and face serious cost overruns.
SIGAR's audits have also found that we have inadequate sustainment
plans and that projects lack an identifiable counterinsurgency benefit.
SIGAR has also expressed reservations about the Afghans' ability to
even operate and maintain these energy projects upon completion.
Now, it is my understanding that DOD requested this repurposing of
funds because the budget authority on previously authorized funds is
about to expire. I know we all look to our commanders in the field for
guidance on what they need to finish the job in Afghanistan, but with
over half of existing funds remaining to be expended, I ask: Mr.
Chairman, why should we take away from other programs and give to this
one?
I urge adoption of my amendment, and I reserve the balance of my
time.
Mr. VISCLOSKY. Mr. Chairman, I claim the time in opposition to the
gentleman's amendment.
The Acting CHAIR. The gentleman from Indiana is recognized for 5
minutes.

[[Page H4098]]

Mr. VISCLOSKY. Mr. Chairman, I share the gentleman's deep concern
over the tax dollars that have been, if you would, wasted--is probably
the most polite term I can think of--in some of the infrastructure
investment in Afghanistan and would not in any way argue that point.
The gentleman mentions the Special Inspector General for Afghanistan
Reconstruction. He and his office have been in mine, the chairman's,
the committee, and there is no question that the gentleman makes a
very, very important point about making sure that those funds we are
spending, despite the best of intentions, be spent carefully.
I would note to my colleagues that we do have within somewhat recent
time, the last year or so since August, a new government in place in
Afghanistan. The administration has made a decision to maintain troop
levels at their current position given that change of government and,
if you would, after all of the loss of life, the suffering, and loss of
treasury for the last 14 years, to give that nation one last good
chance.
I rise in opposition, essentially, to do that for Afghanistan and to
give them that last good chance for these few remaining significant
projects.
Mr. FRELINGHUYSEN. Will the gentleman yield?
Mr. VISCLOSKY. I yield to the gentleman from New Jersey.
Mr. FRELINGHUYSEN. Mr. Chairman, let me echo some of the sentiments
of Mr. Visclosky about some of the concerns and some of the reports
that have been issued by the Special Inspector General for Afghanistan
Reconstruction. It should be worrisome. A hell of a lot of money has
been wasted.
I do think there are some projects that need to be completed. One
that comes to mind is the Kandahar bridging solution, the plan to bring
electric power to Kandahar. It ends in 3 months. We need to continue
that investment. This was a top counterinsurgency priority. Most road
projects are completed. The second is the Kajaki Dam has less than a
year's work remaining and will supply renewable electric power to the
grid.
These are elements of stability that sometimes get lost in reports of
empty buildings where there are no occupants and no electricity. I
think we need to continue to give a helping hand to the Afghan people
because, if they don't have an economy, then they are not going to have
any national security. They need a stable economy, and some of these
projects near completion need to be continued.
I thank the gentleman for yielding.
Mr. VISCLOSKY. Mr. Chairman, I would simply suggest, again, we have a
new government. I certainly think their concern for ethics, as well as
care in investment, is worth taking that last good chance to give them
a last good chance.
I yield back the balance of my time.
Mr. WALBERG. Mr. Chairman, I appreciate the words, the sentiments,
the compassion of both my colleagues; but this is an issue that we have
addressed for quite some time. It is not new.
I am as concerned about our administration of the funds, our
Department of Defense encouragement of Afghans to use the funds, and to
make sure that contractual arrangements are in place so completion will
take place. We have not seen that.
I think it is time that reality strikes home. While I understand the
need to encourage a new government, sometimes, the best way is tough
love and a clear indication that comes through finances as well.
I, again, encourage my colleagues to adopt my amendment, and I yield
back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Michigan (Mr. Walberg).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. FRELINGHUYSEN. 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 Michigan
will be postponed.

{time} 2100

The Acting CHAIR. The Clerk will read.
The Clerk read as follows:

Iraq Train and Equip Fund

For the ``Iraq Train and Equip Fund'', $715,000,000, to
remain available until September 30, 2017: Provided, That
such funds shall be available to the Secretary of Defense, in
coordination with the Secretary of State, pursuant to section
1236 of the Carl Levin and Howard P. ``Buck'' McKeon National
Defense Authorization Act for Fiscal Year 2015 (Public Law
113-291; 128 Stat. 3558), to provide assistance, including
training, equipment, logistics support, supplies, and
services, stipends, infrastructure repair, renovation, and
sustainment to military and other security forces of or
associated with the Government of Iraq, including Kurdish and
tribal security forces or other local security forces, with a
national security mission, to counter the Islamic State of
Iraq and the Levant: Provided further, That the Secretary of
Defense shall ensure that prior to providing assistance to
elements of any forces such elements are appropriately
vetted, including at a minimum, assessing such elements for
associations with terrorist groups or groups associated with
the Government of Iran; and receiving commitments from such
elements to promote respect for human rights and the rule of
law: Provided further, That the Secretary of Defense may
accept and retain contributions, including assistance in-
kind, from foreign governments, including the Government of
Iraq, and other entities, to carry out assistance authorized
under this heading: Provided further, That contributions of
funds for the purposes provided herein from any foreign
government or other entities, may be credited to this Fund,
to remain available until expended, and used for such
purposes: Provided further, That not more than 25 percent of
the funds appropriated under this heading may be obligated or
expended until not fewer than 15 days after (1) the Secretary
of Defense submits a report to the appropriate congressional
committees, describing the plan for the provision of such
training and assistance and the forces designated to receive
such assistance, and (2) the President submits a report to
the appropriate congressional committees on how assistance
provided under this heading supports a larger regional
strategy: Provided further, That of the amount provided under
this heading, not more than 60 percent may be obligated or
expended until not less than 15 days after the date on which
the Secretary of Defense certifies to the appropriate
congressional committees that an amount equal to not less
than 40 percent of the amount provided under this heading has
been contributed by other countries and entities for the
purposes for which funds are provided under this heading, of
which at least 50 percent shall have been contributed or
provided by the Government of Iraq: Provided further, That
the limitation in the preceding proviso shall not apply if
the Secretary of Defense determines, in writing, that the
national security objectives of the United States will be
compromised by the application of the limitation to such
assistance, and notifies the appropriate congressional
committees not less than 15 days in advance of the exemption
taking effect, including a justification for the Secretary's
determination and a description of the assistance to be
exempted from the application of such limitation: Provided
further, That the Secretary of Defense may waive a provision
of law relating to the acquisition of items and support
services or sections 40 and 40A of the Arms Export Control
Act (22 U.S.C. 2780 and 2785) if the Secretary determines
such provisions of law would prohibit, restrict, delay or
otherwise limit the provision of such assistance and a notice
of and justification for such waiver is submitted to the
appropriate congressional committees: Provided further, That
the term ``appropriate congressional committees'' under this
heading means the congressional defense committees, the
Committees on Appropriations and Foreign Relations of the
Senate and the Committees on Appropriations and Foreign
Affairs of the House of Representatives: Provided further,
That amounts made available under this heading are 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.

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:

Page 132, line 10, after the dollar amount, insert
``(reduced to $0)''.
Page 162, line 25, after the dollar amount, insert
``(increased by $715,000,000)''.

The Acting CHAIR. Pursuant to House Resolution 303, 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 yield myself such time as I may consume.
I would like to begin by taking a moment to thank Chairman
Frelinghuysen and Ranking Member Visclosky. As one who served a long
time ago when everything came up under an open rule, we don't see as
much of that. I can't commend both of the gentlemen

[[Page H4099]]

and their committees enough. I wish everybody in America could see how
hard they have worked in their committees and here on the House floor.
The country should know that there are no two more highly regarded
people who are serving in this Chamber than our chairman and our
ranking member.
Mr. Chairman, I have an amendment that will save us a lot of money
and, quite frankly, end a sad chapter in American history. My amendment
eliminates funding for the Iraq Train and Equip Program and applies
that money to reducing the deficit. The administration, as we all know,
is now urging strategic patience with Iraq. The truth is we have had a
failed strategy there from the very beginning. The fact is that this is
a century-old conflict. The fact is that we have no friends in this
conflict. The history of it is clear.
I happened to be up in Tora Bora back in the seventies, and I learned
that we were funding and training and equipping the Mujahedeen to fight
against the Russians under the notion that the enemy of our enemy is
our friend. We were wrong. They morphed into al Qaeda, and they were
the people who bombed the World Trade Center. Then we supported Saddam
Hussein in the war against Iran. We knew he had used chemical weapons,
because we had the sales receipts. We had supplied them. After that, we
deposed him. Then we put the Shiites in power, and the Shiites
proceeded to tell all of the Christians and the Jews and the Catholics,
``Get out of town, or we will kill you.'' They shut down all of the
synagogues and the Catholic churches. Then we decided we would have a
Sunni awakening. That was supplying arms and weapons to the Sunnis
because the Shiites were persecuting them. They ultimately morphed into
what we now have as ISIL. Now here we are. We find ourselves fighting
the Shiites in Yemen, and we are supporting the Shiites in Iraq. We are
not sure if we are for them or against them in Syria.
The simple truth is that we have been on every side of this conflict.
We really have no friends in this conflict. Inevitably, our goodwill,
our good intentions have resulted in the arms and the weapons, as Judge
Poe just said, ending up in the hands of our enemies, and they use them
against us.
The fact is we have spent $3 trillion on this conflict. Think about
that--$3 trillion. For $1 trillion of that, we could have graduated
debt free every kid in America from college and vocational school. Just
think about it. We could have rebuilt our transportation and
infrastructure system in this country. For another $1 trillion, we
could have given the Americans a tax break.
Mr. Chairman, instead of 13 years of war, the administration now
admits that we have no strategy. The Secretary of Defense admits that
the Iraqi Army has no will to fight ISIL. When they took over Ramadi,
all they did was growl at them, and they ran like rabbits. They left
their Humvees, and they left their tanks, and they left all of their
weapons, and we resupplied ISIL, once again, to use those weapons
against us. The weapons we have supplied and the people we have trained
have ended up in enemy hands time and time again and have been used
against us.
Mr. Chairman and colleagues, you know the old definition of insanity
is repeating the same behavior, is repeating the same behavior, is
repeating the same behavior over and over and expecting some different
result. To paraphrase the old Serenity Prayer, let me say, Mr.
President and colleagues: Let us change what we have the power, the
wisdom, and the courage to do before we bankrupt this country.
The Acting CHAIR. The time of the gentleman has expired.
Mr. FRELINGHUYSEN. Mr. Chairman, I rise in opposition to the
gentleman's amendment.
The Acting CHAIR. The gentleman from New Jersey is recognized for 5
minutes.
Mr. FRELINGHUYSEN. Mr. Chairman, may I say that I share quite a lot
of the gentleman's sentiments.
I have said on a number of occasions, when you put the Defense bill
forward, sometimes you have to support things that the Commander in
Chief and the President want that you are highly dubious about. I have
been very conflicted about this Train and Equip. At times, I think the
enemy is doing a better job of training and equipping their own than we
are, and, at times, it has been pretty deplorable. I want the gentleman
to know I do support this effort. Let me just put some meat on the
bones to, maybe, even make his point but, in reality, tell a little
truth about the program.
The Iraq Train and Equip Program provides about $715 million in both
funding and authority to assist military and other forces associated
with the Government of Iraq, including Kurdish and tribal security
forces, with a national security mission to counter ISIL. We do know in
the overall mix--and the gentleman from Minnesota knows it--there are
some good guys over there. Of course, a lot of the good guys have been
taken over by the Quds Force and the Iranians to the south, but, in
reality, we do have some good allies in the north with the Kurds, so I
haven't given up on all parts of Iraq.
I think we need to continue to support the program. Evidently, our
President does as well. We are sending 400 more advisers over to, shall
we say, set up a new base camp in Ramadi in Anbar province to sort of
respond to a huge crisis there when that city was taken over. I would
hate to abandon the people of Iraq without giving it one more try.
Mr. Chairman, I yield such time as he may consume to the gentleman
from Indiana (Mr. Visclosky), my ranking member.
Mr. VISCLOSKY. I thank the chairman for yielding.
Mr. Chairman, I appreciate the gentleman's motivation in offering
this. In a sense, the three of us are agreed given the skepticism that
has been expressed here today.
I would also add that I do believe this institution needs to have a
resolution that defines with some specificity what our projection of
force should be as to the disposition of our military personnel and
assets. Certainly, I am grievously disappointed for those countries in
that region in their lack of clarity and purpose. Also, in using, if
you would, a religious theme, I was taught that we should have hope in
the future, and my concern is, if we cease this training program for
those who want a change in government, for those who want to do the
right thing in Syria, they will lose what shred of hope still exists.
Principally, for that reason, I join with the chairman in opposition
to the gentleman's amendment, but I do appreciate the gentleman's
motivation.
Mr. FRELINGHUYSEN. Mr. Chairman, how much time do I have remaining?
The Acting CHAIR. The gentleman from New Jersey has 1\1/2\ minutes
remaining.
Mr. FRELINGHUYSEN. In reclaiming my time, I have a few other
comments.
Mr. Chairman, I said I do work on behalf of the President of the
United States and our Commander in Chief, and I have to say I have
concerns about our continued investment in Pakistan. We debated that.
We have had talk about the Afghan infrastructure fund, which has been
troubled with projects, and this is an ongoing area which has not been
trouble free. Yet it is interesting that nobody from the White House,
since the budget was introduced, has reached out to me relative to
defending these programs.
I think the people of these countries deserve protection and support,
but it is interesting that we carry the water on these issues and on
many other issues on this committee. Do we get any reinforcements?
Actually, our entire bill has been put together for all of our military
services without any assistance from those military services to get us
across the finish line. I think it is remarkable. The standoffishness--
the ambivalence--about working with us, I think, is a total disgrace.
I have to oppose the gentleman's amendment, and he certainly knows
more about my sentiments publicly that I have expressed in the past.
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 question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. NOLAN. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by

[[Page H4100]]

the gentleman from Minnesota will be postponed.
The Acting CHAIR. The Clerk will read.
The Clerk read as follows:

Syria Train and Equip Fund

For the ``Syria Train and Equip Fund'', $600,000,000, to
remain available until September 30, 2017: Provided, That
such funds shall be available to the Secretary of Defense, in
coordination with the Secretary of State, to provide
assistance, including training, equipment, supplies,
stipends, construction of training and associated facilities,
and sustainment, to appropriately vetted elements of the
Syrian opposition and other appropriately vetted Syrian
groups and individuals for the following purposes: defending
the Syrian people from attacks by the Islamic State of Iraq
and the Levant, and securing territory controlled by the
Syrian opposition; protecting the United States, its friends
and allies, and the Syrian people from the threats posed by
terrorists in Syria; and promoting the conditions for a
negotiated settlement to end the conflict in Syria: Provided
further, That the Secretary may accept and retain
contributions, including assistance in-kind, from foreign
governments and other entities to carry out activities
authorized under this heading: Provided further, That
contributions of funds for the purposes provided herein from
any foreign government or other entities may be credited to
this Fund, to remain available until expended and used for
such purposes: Provided further, That the Secretary may
provide assistance to third countries for purposes of the
provision of assistance authorized under this heading:
Provided further, That the term ``appropriately vetted''
shall be construed to mean, at a minimum, assessments of
possible recipients for associations with terrorist groups
including the Islamic State of Iraq and the Levant (ISIL),
Jabhat al Nusrah, Ahrar al Sham, other al-Qaeda related
groups, Hezbollah, or Shia militias supporting the
Governments of Syria or Iran; and for commitment to the rule
of law and a peaceful and democratic Syria: Provided further,
That none of the funds used pursuant to this authority shall
be used for the procurement or transfer of man-portable air-
defense systems: Provided further, That nothing in this
section shall be construed to constitute a specific statutory
authorization for the introduction of the United States Armed
Forces into hostilities or into situations wherein
hostilities are clearly indicated by the circumstances, in
accordance with section 8(a)(1) of the War Powers Resolution:
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.

Amendment Offered by Mr. Clawson of Florida

Mr. CLAWSON of Florida. Mr. Chairman, I have an amendment before the
floor for consideration.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:

Page 135, line 13, after the dollar amount, insert
``(reduced to $0)''.
Page 162, line 25, after the dollar amount, insert
``(increased by $600,000,000)''.

The Acting CHAIR. Pursuant to House Resolution 303, the gentleman
from Florida and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Florida.
Mr. CLAWSON of Florida. Mr. Chairman, I yield myself such time as I
may consume.
I would like to start tonight by saying that my mother is gravely ill
in Florida this evening, and I can't be with her, but I want her to
know that I am with her right now, and I am always with her.
We all want to end U.S. involvement in conflicts where there is no
long-term strategy, no vision of success in the end, and the
disproportional sacrifice of our brave military forces, Mr. Chairman.
U.S. involvement against ISIS in Syria fits this characterization. The
administration even admits that there is no comprehensive strategy in
place. Therefore, by amendment, we are proposing to defund U.S. support
for the Syrian rebels and move the funds to the spending reduction
account.
Last September, Congress allocated $500 million to train and arm
Syrian rebels. This program, however, is fraught with uncertainties and
doubts, and the launch of the program has been less than impressive. Of
the 15,000 Syrian rebels we planned to train and equip over a 3-year
period, so far, only about 400 have been vetted and deemed ready.
Meanwhile, other Syrian rebels have either disappeared from the
battlefield or have defected to extremist factions, and ISIS has
expanded its ground forces, its operations, and its territories. Other
jihadist factions in Syria are also gaining strength, and the Assad
regime continues its atrocities.
The civil war in Syria has now resulted in 220,000 Syrian deaths and
in 11.5 million people--over half the population--displaced within
Syria. The U.S. continues to provide, by far, the bulk of the military
might, most of it air power. It is hard to imagine defeating ISIS
without substantial ground forces to combat it at this point. The
Defense Appropriations bill includes $600 million to train and arm
Syrian rebels as part of this needed boots-on-the-ground.

{time} 2115

But whatever the number of Syrian rebels we ultimately introduce into
the battlefield, they alone, I believe, are unlikely to turn the tide.
Nor are these rebels expected to end the Assad government, even though
that, too, is one of our stated goals.
History has shown that when we arm untested and difficult-to-vet
rebel forces, the weapons we provide too often wind up being aimed at
our U.S. troops. I am told that the last time our country funded a
foreign war through vicarious fighters was the Taliban fighting against
the Russians in the 1970s.
Please join us in saying ``no'' to additional funding for these
untested Syrian rebels unless and until Congress receives clear answers
to the following questions: Where is the accounting for the first $500
million? I don't have it. Why isn't the second $600 million, if
appropriate, funded by other folks in the coalition? What is the
objective? What does success look like in the Syrian civil war? Does
victory require the end of the Assad government? What is the
comprehensive strategy for defeating ISIS in Iraq and beyond?
In our view, without the answers to these questions, it makes no
sense to proceed. It is our job to review and assess. I ask that
defunding of the Syrian train and equip fund be accomplished by this
amendment to H.R. 2685.
I acknowledge my deep admiration for the chairman and ranking member
and what they have accomplished in this bill and acknowledge so many
good things in the bill, but it is hard for me to accept this war that
is going nowhere.
I yield to the gentleman from Minnesota (Mr. Nolan).
Mr. NOLAN. Mr. Chairman, I am glad to join my colleague. I have
enormous respect for the chairman and the ranking member's good and
noble intentions, but, again, the fact is we have no friends in these
conflicts. The weapons that we send inevitably are being used against
us. I was here during the Vietnam war conflict, and the arguments that
we hear today for continuing this involvement is to somehow make
something good out of what hasn't been quite so good, and we finally
ended that conflict by cutting off the funds for it. That is how we are
going to end our wars of choice in the Middle East, wars of choice that
are bankrupting this country and costly in blood and treasury.
Mr. CLAWSON of Florida. 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, I am sure, on behalf of everybody on
the floor, we extend to Mr. Clawson our sympathy and hope that his
mother will recover. I am sure if she has the ability to be watching
the television tonight, she is already very proud of his courageous
remarks on the floor.
Mr. CLAWSON of Florida. Heartfelt. Thanks.
Mr. FRELINGHUYSEN. Mr. Chairman, while I appreciate the sentiment of
the amendment, this is a complicated issue--that is an understatement--
with multifaceted policy ramifications that really can't be fully
debated in 5 or 10 minutes. The situation in Syria remains highly
complicated and complex and poses imminent threats to the United States
and allied interests, particularly Israel, Jordan, and Iraq.
Recognizing congressional concerns regarding potential U.S. military
involvement in Syria, our bill appropriates funds in the GWOT account,
the title IX that I talked about several hours ago to train and equip
Syrians. It also further prohibits the introduction

[[Page H4101]]

of U.S. military forces into hostilities in Syria except in accordance
with the War Powers Act.
However, this amendment, in my judgment, goes too far, for it
attempts to tie the U.S. Government's hands in navigating the
complicated situation we--or, more importantly, our allies Israel and
Jordan--face related to threats emanating from ISIL in Iraq and Syria
every day. We have to be realistic. There are many countries, including
our allies, as well as other groups already involved in Syria.
This amendment would do nothing to stop the arming of the Syrian
opposition. What this amendment would do is remove the possibility of
the U.S. engaging under any circumstances, even if such engagement
would be in the best interests of the United States or allies. Even at
this rate, the U.S. is paying just a portion of the costs.
I yield to the gentleman from Indiana (Mr. Visclosky), the ranking
member, for any comments he may wish to make.
Mr. VISCLOSKY. I thank the gentleman for yielding. I also want to
express my best wishes for the gentleman's mother. It is hard to oppose
a gentleman who went to Purdue University. I know he is a very smart
individual. I have my other colleague here from Minnesota.
I have spoken to our colleagues on the previous amendment. I think
people understand my position. I simply would add my voice to the
chairman and emphasize, this is a very tough problem, and we ought to
maintain as large a degree of flexibility as we can.
I appreciate the chairman's remarks and associate myself with them.
Mr. FRELINGHUYSEN. I urge a ``no'' vote on this amendment, but I
certainly understand the sentiments behind it.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Florida (Mr. Clawson).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. NOLAN. 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 Florida will
be postponed.
The Clerk will read.
The Clerk read as follows:

PROCUREMENT

Aircraft Procurement, Army

For an additional amount for ``Aircraft Procurement,
Army'', $759,073,000, to remain available until September 30,
2018: 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.

Missile Procurement, Army

For an additional amount for ``Missile Procurement, Army'',
$572,735,000, to remain available until September 30, 2018:
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 of Weapons and Tracked Combat Vehicles, Army

For an additional amount for ``Procurement of Weapons and
Tracked Combat Vehicles, Army'', $647,630,000, to remain
available until September 30, 2018: 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 of Ammunition, Army

For an additional amount for ``Procurement of Ammunition,
Army'', $431,640,000, to remain available until September 30,
2018: 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.

Other Procurement, Army

For an additional amount for ``Other Procurement, Army'',
$1,648,312,000, to remain available until September 30, 2018:
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.

Aircraft Procurement, Navy

For an additional amount for ``Aircraft Procurement,
Navy'', $722,274,000, to remain available until September 30,
2018: 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 of Ammunition, Navy and Marine Corps

For an additional amount for ``Procurement of Ammunition,
Navy and Marine Corps'', $105,459,000, to remain available
until September 30, 2018: 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.

Other Procurement, Navy

For an additional amount for ``Other Procurement, Navy'',
$12,186,000, to remain available until September 30, 2018:
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, Marine Corps

For an additional amount for ``Procurement, Marine Corps'',
$234,741,000, to remain available until September 30, 2018:
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.

Aircraft Procurement, Air Force

For an additional amount for ``Aircraft Procurement, Air
Force'', $1,297,726,000, to remain available until September
30, 2018: 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.

Missile Procurement, Air Force

For an additional amount for ``Missile Procurement, Air
Force'', $773,638,000, to remain available until September
30, 2018: 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.

Space Procurement, Air Force

For an additional amount for ``Space Procurement, Air
Force'', $452,676,000, to remain available until September
30, 2018: 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 of Ammunition, Air Force

For an additional amount for ``Procurement of Ammunition,
Air Force'', $1,673,358,000, to remain available until
September 30, 2018: 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.

Other Procurement, Air Force

For an additional amount for ``Other Procurement, Air
Force'', $7,045,550,000, to remain available until September
30, 2018: 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, Defense-Wide

For an additional amount for ``Procurement, Defense-Wide'',
$217,701,000, to remain available until September 30, 2018:
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 Account

For procurement of covered items for the reserve components
of the Armed Forces, $1,500,000,000, to remain available for
obligation until September 30, 2017: Provided, That the
Chiefs of National Guard and Reserve components shall, not
later than 30 days after enactment of this Act, individually
submit to the congressional defense committees the
modernization priority assessment for their respective
National Guard or Reserve component: Provided, That for the
purposes of this paragraph, the term ``covered items'' means
items that-- (1) are not major weapon systems, aircraft, or
other items central to the mission of an organization; and
(2) are useful for both missions performed under title 10,
United States Code, and missions performed under title 32,
United States Code, when applicable, including radios,
generators, computers, trucks, and other dual-use items:
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.

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

Research, Development, Test and Evaluation, Army

For an additional amount for ``Research, Development, Test
and Evaluation, Army'', $1,500,000, 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.

[[Page H4102]]

Research, Development, Test and Evaluation, Navy

For an additional amount for ``Research, Development, Test
and Evaluation, Navy'', $217,647,000, 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.

Research, Development, Test and Evaluation, Air Force

For an additional amount for ``Research, Development, Test
and Evaluation, Air Force'', $1,366,242,000, 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.

Research, Development, Test and Evaluation, Defense-Wide

For an additional amount for ``Research, Development, Test
and Evaluation, Defense-Wide'', $199,264,000, 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.

REVOLVING AND MANAGEMENT FUNDS

Defense Working Capital Funds

For an additional amount for ``Defense Working Capital
Funds'', $88,850,000: 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.

OTHER DEPARTMENT OF DEFENSE PROGRAMS

Defense Health Program

For an additional amount for ``Defense Health Program'',
$272,704,000, which shall be for operation and maintenance:
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.

Drug Interdiction and Counter-Drug Activities, Defense

For an additional amount for ``Drug Interdiction and
Counter-Drug Activities, Defense'', $275,300,000: 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.

Joint Improvised Explosive Device Defeat Fund

(including transfer of funds)

For the ``Joint Improvised Explosive Device Defeat Fund'',
$443,271,000, to remain available until September 30, 2018:
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:
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.

Office of the Inspector General

For an additional amount for the ``Office of the Inspector
General'', $10,262,000: 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.

GENERAL PROVISIONS--THIS TITLE

Sec. 9001. Each amount designated in this Act 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
shall be available only if the President subsequently so
designates all such amounts and transmits such designations
to the Congress
Sec. 9002. 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 2016.

(including transfer of funds)

Sec. 9003. 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 $3,500,000,000
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 section 8005 of this
Act.
Sec. 9004. Supervision and administration costs and costs
for design during construction associated with a construction
project funded with appropriations available for operation
and maintenance 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. 9005. 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
$450,000 per vehicle, notwithstanding price or other
limitations applicable to the purchase of passenger carrying
vehicles.
Sec. 9006. Not to exceed $10,000,000 of the amounts
appropriated in this title under the heading ``Operation and
Maintenance, Army'' 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 $2,000,000: 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
$500,000 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.
Sec. 9007. 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 and to counter the
Islamic State of Iraq and the Levant: Provided, That the
Secretary of Defense shall provide quarterly reports to the
congressional defense committees regarding support provided
under this section.
Sec. 9008. 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. 9009. 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

[[Page H4103]]

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. 9010. 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 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 proviso and
accompanying report language for the ASFF.
Sec. 9011. 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. 9012. From funds made available to the Department of
Defense in this title under the heading ``Operation and
Maintenance, Air Force'', up to $140,000,000 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 2016, 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 2016, 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 notice 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 2016: Provided further, That amounts made
available by this section are 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.
Sec. 9013. The Secretary of Defense is authorized, in
coordination with the Secretary of State, to provide
assistance, to the Government of Jordan for purposes of
supporting and enhancing efforts of the armed forces of
Jordan and to sustain security along the border of Jordan
with Syria and Iraq: Provided, That up to $600,000,000 of
funds appropriated by this Act for the Counterterrorism
Partnerships Fund may be used for activities authorized by
this section: Provided further, That the Secretary may accept
and retain contributions, including assistance in-kind, from
foreign governments to carry out activities as authorized by
this section and shall be credited to the appropriate
appropriations accounts, except that any funds so accepted by
the Secretary shall not be available for obligation until a
reprogramming action is submitted to the congressional
defense committees: Provided further, That the President and
the Secretary of Defense shall comply with the reporting
requirements in section 149(b)(1), (b)(2), (c), and (d) of
the Continuing Appropriations Resolution, 2015 (Public Law
113-164): Provided further, That nothing in this section
shall be construed to constitute a specific statutory
authorization for the introduction of the United States Armed
Forces into hostilities or into situations wherein
hostilities are clearly indicated by the circumstances, in
accordance with section 8(a)(1) of the War Powers Resolution:
Provided further, That amounts made available by this section
are 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: Provided further, That the authority to
provide assistance under this section shall terminate on
September 30, 2016.
Sec. 9014. For ``Assistance and Sustainment to the
Military and National Security Forces of Ukraine'',
$200,000,000, to remain available until September 30, 2016:
Provided, That such funds shall be available to the Secretary
of Defense, or the Secretary's designee, with the concurrence
of the Secretary of State, notwithstanding any other
provision of law, for the purpose of providing assistance,
including training, equipment, lethal weapons of a defensive
nature, logistics support, supplies and services, and
sustainment to the military and national security forces of
Ukraine, for the purposes of securing the sovereign territory
of Ukraine against foreign aggressors, protecting and
defending the Ukrainian people from attacks posed by Russian-
backed separatists, and promoting the conditions for a
negotiated settlement to end the conflict: Provided further,
That the authority to provide assistance under this heading
is in addition to any other authority to provide assistance
to Ukraine: Provided further, That contributions of funds for
the purposes provided herein from any person, foreign
government, or international organization may be credited to
this account, to remain available until expended: Provided
further, That the Secretary of Defense shall notify the
congressional defense committees in writing upon the receipt
and upon the obligation of any contribution, delineating the
sources and amounts of the funds received and the specific
use of such contributions: Provided further, That the
Secretary of Defense shall, not less than 15 days prior to
obligating funds provided under this heading, notify the
congressional defense committees in writing of the details of
any such obligation: Provided further, That the United States
may accept equipment procured using funds provided under this
heading in this or prior Acts that was transferred to the
security forces of Ukraine and returned by such forces to the
United States: Provided further, That equipment procured
using funds provided under this heading in this or prior
Acts, and not yet transferred to the military or National
Security Forces of Ukraine or returned by such forces to the
United States, may be treated as stocks of the Department of
Defense upon written notification to the congressional
defense committees: Provided further, That amounts made
available by this section are 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: Provided further,
That the authority to provide assistance under this section
shall terminate on September 30, 2016.
Sec. 9015. (a) None of the funds appropriated or otherwise
made available by this Act under the heading ``Operation and
Maintenance, Defense-Wide'' 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 congressional defense committees 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 subsection
(a) on a case-by-case basis by certifying in writing to the
congressional defense committees 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 such waiver authority, the Secretaries shall report
to the congressional defense committees 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,

[[Page H4104]]

That such report may be submitted in classified form if
necessary.

amendment offered by mr. poe of texas

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

Strike subsection (b) of section 9015.

The Acting CHAIR. Pursuant to House Resolution 303, the gentleman
from Texas and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Texas.

{time} 2130

Mr. POE of Texas. Mr. Chairman, I yield myself such time as I may
consume.
This amendment is very simple. It makes it so the Secretary of
Defense cannot waive the conditions that are in the bill on giving
money to Pakistan.
Since 2010, Congress has put conditions on our aid to Pakistan
because Pakistan, frankly, can't be trusted. In 2011, Pakistan tipped
off terrorists who had IED factories that the U.S. Government knew
where they were. Pakistan tipped off the Haqqani network before the
Pakistan military went to the tribal areas last year.
We didn't tell Pakistan before we launched the raid that killed Osama
bin Laden because, according to Secretary of Defense Leon Panetta, ``We
just can't trust them.''
This bill puts seven conditions on our aid to Pakistan. They are good
conditions. Earlier this evening, about an hour ago, the ranking member
mentioned these conditions for aid to Pakistan. They are commonsense
things like, if Pakistan wants our money, it shouldn't support
terrorist activity against the United States--imagine that--or the
Pakistan Government should dismantle the IED factories run by
terrorists in Pakistan. These IED factories have killed many of our
troops.
Here is the problem. Each year, we put conditions on our aid. The
bill also gives the Secretary of Defense the authority to give the
money to Pakistan even if Pakistan doesn't meet those conditions, and
this year is no exception. Once again, in this bill, we give the
Secretary of Defense the authority to waive the conditions Congress
puts in the bill.
Four of the last 5 years, Pakistan has failed to meet the conditions
Congress has imposed on this type of legislation, and then the
Secretary of Defense went ahead and gave the waiver, thus giving the
money to Pakistan anyway.
The administration has never not given Pakistan money because it
failed to meet our conditions--conditions set by Congress--normal,
commonsense conditions like: you don't get this money unless you meet
these conditions.
This amendment does one simple thing. It says: you meet the
conditions, or you get no money from the United States; you don't give
money to terrorists, or you get no money from the United States.
It does not allow the Secretary of Defense to waive Congress'
conditions and give the money anyway.
That is what this legislation does. I would ask that the House
support this amendment, and I reserve the balance of my time.
Mr. FRELINGHUYSEN. Mr. Chairman, I claim the time in opposition to
the gentleman's amendment.
The Acting CHAIR. The gentleman from New Jersey is recognized for 5
minutes.
Mr. FRELINGHUYSEN. Mr. Chairman, I oppose the amendment. This
amendment would strike, as he said, the waiver that is used by the
Secretary of Defense and also the Secretary of State. I think it would
affect our national security.
We need the cooperation of the Pakistanis. If we don't have any, we
lose insight into the actions of those who would do our country harm.
I oppose this amendment as potentially damaging to our national
security, and I yield to the gentleman from Indiana (Mr. Visclosky),
the ranking member.
Mr. VISCLOSKY. I thank the chair for yielding, and I associate myself
with his remarks.
Again, I am not unsympathetic to the position the gentleman has
raised, but I do not think we are in a very difficult relationship,
that we restrain our flexibility to meet the moment.
For that reason, I join the chairman in his opposition to the
amendment.
Mr. FRELINGHUYSEN. I yield back the balance of my time.
Mr. POE of Texas. Mr. Chairman, how much time do I have remaining?
The Acting CHAIR. The gentleman from Texas has 2\1/2\ minutes
remaining.
Mr. POE of Texas. I thank both the ranking member and the chairman
for their comments and their work on this legislation.
My amendment says, to quote the chairman earlier, ``We mean what we
say.'' We say as a Congress that, if we are going to give American
money to Pakistan to help us, they can't do certain things with that
money. They can't support terrorism. They can't allow IEDs to be built
that are used to kill Americans. These conditions are commonsense, good
ideas.
In the past, we have done this before. If we mean what we say, then
we should require these conditions before we give Pakistan American
money; but the law has allowed that Secretary of Defense to waive
Congress' conditions and give them our money anyway.
Pakistan has proven they didn't meet the conditions in 4 years of the
last 5. They got the money anyway because the Secretary waived the rule
of law or waived our conditions.
This bill does something very simple. It says: Congress says there
are certain rules to get American money; you follow the rules, or you
don't get the money. Nobody can waive the condition and give you a pass
and give you American money anyway.
I would ask that this amendment be adopted, and I yield back the
balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Texas (Mr. Poe).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. POE of Texas. 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 Texas will
be postponed.

Vacating Demand for Recorded Vote on Amendment Offered by Mr. Rothfus

Mr. ROTHFUS. Mr. Chairman, I commend Chairman Frelinghuysen for the
work that he has done on this.
I understand that I had an amendment earlier today. There had been
ongoing discussions about that amendment.
Mr. Chairman, I ask unanimous consent to withdraw my request for a
recorded vote on my amendment to the end that the amendment stands
disposed of by the voice vote thereon.
The Acting CHAIR. The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
The Acting CHAIR. Without objection, the request for a recorded vote
is withdrawn. Accordingly, the noes have it and the amendment is not
adopted.
There was no objection.
The Acting CHAIR. The Clerk will read.
The Clerk read as follows:

(including transfer of funds)

Sec. 9016. In addition to amounts otherwise made available
in this Act, $500,000,000 is hereby appropriated to the
Department of Defense and made available for transfer only to
the operations and maintenance, military personnel, and
procurement accounts, to improve the intelligence,
surveillance, and reconnaissance capabilities of the
Department of Defense: Provided, That the transfer authority
provided in this section is in addition to any other transfer
authority provided elsewhere in this Act: Provided further,
That not later than 30 days prior to exercising the transfer
authority provided in this section, the Secretary of Defense
shall submit a report to the congressional defense committees
on the proposed uses of these funds: Provided further, That
the funds provided in this section may not be transferred to
any program, project, or activity specifically limited or
denied by this Act: Provided further, That amounts made
available by this section are 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: Provided further,
That the authority to provide assistance under this section
shall terminate on September 30, 2016.

(including transfer of funds)

Sec. 9017. In addition to amounts appropriated in title II
or otherwise made available in this Act, $2,500,000,000 is
hereby appropriated to the Department of Defense and

[[Page H4105]]

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 further, That the
transfer authority provided under this provision is in
addition to any other transfer authority provided elsewhere
in this Act.
Sec. 9018. 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).

TITLE X--ADDITIONAL GENERAL PROVISIONS

Sec. 10001. (a) Congress finds that--
(1) the United States has been engaged in military
operations against the Islamic State of Iraq and the Levant
(ISIL) for more than 8 months;
(2) President Obama submitted an authorization for the use
of military force against ISIL in February 2015; and
(3) under article 1, section 8 of the Constitution,
Congress has the authority to ``declare war''.
(b) Therefore, Congress has a constitutional duty to debate
and determine whether or not to authorize the use of military
force against ISIL.

spending reduction account

Sec. 10002. 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.

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.
Womack) having assumed the chair, Mr. Carter 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.
2685) making appropriations for the Department of Defense for the
fiscal year ending September 30, 2016, and for other purposes, had come
to no resolution thereon.

____________________