[Congressional Record Volume 163, Number 40 (Wednesday, March 8, 2017)]
[House]
[Pages H1621-H1940]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2017
Mr. FRELINGHUYSEN. Mr. Speaker, pursuant to House Resolution 174, I
call up the bill (H.R. 1301) making appropriations for the Department
of Defense for the fiscal year ending September 30, 2017, and for other
purposes, and ask for its immediate consideration.
The Clerk read the title of the bill.
The SPEAKER pro tempore. Pursuant to House Resolution 174, the bill
is considered read.
The text of the bill is as follows:
H.R. 1301
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, 2017, 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, $40,042,962,000.
Military Personnel, Navy
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 Navy on active
duty (except members of the Reserve provided for elsewhere),
midshipmen, 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, $27,889,405,000.
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,
$12,735,182,000.
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, $27,958,795,000.
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,
$4,524,863,000.
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, $1,921,045,000.
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, $744,795,000.
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,
$1,725,526,000.
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, $7,899,423,000.
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, $3,283,982,000.
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,
$32,738,173,000: 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.
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, $38,552,017,000: 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, $5,676,152,000.
Operation and Maintenance, Air Force
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Air Force, as authorized by
law, $36,247,724,000: 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
[[Page H1622]]
of activities and agencies of the Department of Defense
(other than the military departments), as authorized by law,
$32,373,949,000: 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 $34,964,000 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 $5,023,000, 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 of the funds
provided under this heading, $480,000,000, to remain
available until September 30, 2018, shall be available to
provide support and assistance to foreign security forces or
other groups or individuals to conduct, support or facilitate
counterterrorism, crisis response, or other Department of
Defense security cooperation programs: Provided further,
That the transfer authority provided under this heading is in
addition to any other transfer authority provided elsewhere
in this Act.
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,
$2,743,688,000.
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,
$929,656,000.
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, $271,133,000.
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, $3,069,229,000.
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), $6,861,478,000.
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, $6,615,095,000.
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, $14,194,000, 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, $170,167,000, to remain
available until transferred: Provided, That the Secretary of
the Army shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of
the Department of the Army, or for similar purposes, transfer
the funds made available by this appropriation to other
appropriations made available to the Department of the Army,
to be merged with and to be available for the same purposes
and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination
that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided
herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority
provided under this heading is in addition to any other
transfer authority provided elsewhere in this Act.
Environmental Restoration, Navy
(including transfer of funds)
For the Department of the Navy, $289,262,000, to remain
available until transferred: Provided, That the Secretary of
the Navy shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of
the Department of the Navy, or for similar purposes, transfer
the funds made available by this appropriation to other
appropriations made available to the Department of the Navy,
to be merged with and to be available for the same purposes
and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination
that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided
herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority
provided under this heading is in addition to any other
transfer authority provided elsewhere in this Act.
Environmental Restoration, Air Force
(including transfer of funds)
For the Department of the Air Force, $371,521,000, 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, $9,009,000, 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, $222,084,000, to remain
available until transferred: Provided, That the Secretary of
the
[[Page H1623]]
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),
$123,125,000, to remain available until September 30, 2018.
Cooperative Threat Reduction Account
For assistance, including assistance provided by contract
or by grants, under programs and activities of the Department
of Defense Cooperative Threat Reduction Program authorized
under the Department of Defense Cooperative Threat Reduction
Act, $325,604,000, to remain available until September 30,
2019.
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,
$4,587,598,000, to remain available for obligation until
September 30, 2019.
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,
$1,533,804,000, to remain available for obligation until
September 30, 2019.
Procurement of Weapons and Tracked Combat Vehicles, Army
For construction, procurement, production, and modification
of weapons and tracked combat vehicles, equipment, including
ordnance, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and
private plants, including the land necessary therefor, for
the foregoing purposes, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior to
approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-
owned equipment layaway; and other expenses necessary for the
foregoing purposes, $2,229,455,000, to remain available for
obligation until September 30, 2019.
Procurement of Ammunition, Army
For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized
equipment and training devices; expansion of public and
private plants, including ammunition facilities, authorized
by section 2854 of title 10, United States Code, and the land
necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$1,483,566,000, to remain available for obligation until
September 30, 2019.
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,
$6,147,328,000, to remain available for obligation until
September 30, 2019.
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, $16,135,335,000, to remain available
for obligation until September 30, 2019.
Weapons Procurement, Navy
For construction, procurement, production, modification,
and modernization of missiles, torpedoes, other weapons, and
related support equipment including spare parts, and
accessories therefor; expansion of public and private plants,
including the land necessary therefor, and such lands and
interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway,
$3,265,285,000, to remain available for obligation until
September 30, 2019.
Procurement of Ammunition, Navy and Marine Corps
For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized
equipment and training devices; expansion of public and
private plants, including ammunition facilities, authorized
by section 2854 of title 10, United States Code, and the land
necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$633,678,000, to remain available for obligation until
September 30, 2019.
Shipbuilding and Conversion, Navy
For expenses necessary for the construction, acquisition,
or conversion of vessels as authorized by law, including
armor and armament thereof, plant equipment, appliances, and
machine tools and installation thereof in public and private
plants; reserve plant and Government and contractor-owned
equipment layaway; procurement of critical, long lead time
components and designs for vessels to be constructed or
converted in the future; and expansion of public and private
plants, including land necessary therefor, and such lands and
interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title, as follows:
Ohio Replacement Submarine (AP), $773,138,000;
Carrier Replacement Program, $1,255,783,000;
Carrier Replacement Program (AP), $1,370,784,000;
Virginia Class Submarine, $3,187,985,000;
Virginia Class Submarine (AP), $1,852,234,000;
CVN Refueling Overhauls, $1,699,120,000;
CVN Refueling Overhauls (AP), $233,149,000;
DDG-1000 Program, $271,756,000;
DDG-51 Destroyer, $3,614,792,000;
Littoral Combat Ship, $1,563,692,000;
LPD-17, $1,786,000,000;
LHA Replacement, $1,617,719,000;
TAO Fleet Oiler (AP), $73,079,000;
Moored Training Ship, $624,527,000;
Ship to Shore Connector, $128,067,000;
Service Craft, $65,192,000;
LCAC Service Life Extension Program, $82,074,000;
YP Craft Maintenance/ROH/SLEP, $21,363,000;
For outfitting, post delivery, conversions, and first
destination transportation, $626,158,000;
Completion of Prior Year Shipbuilding Programs,
$160,274,000; and
Polar Icebreakers (AP), $150,000,000.
In all: $21,156,886,000, to remain available for obligation
until September 30, 2021: Provided, That additional
obligations may be incurred after September 30, 2021, 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: Provided further, That funds
appropriated or otherwise made available by this Act for
production of the common missile compartment of nuclear-
powered vessels may be available for multiyear
[[Page H1624]]
procurement of critical components to support continuous
production of such compartments only in accordance with the
provisions of subsection (i) of section 2218a of title 10,
United States Code (as added by section 1023 of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law
114-328)).
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,
$6,308,919,000, to remain available for obligation until
September 30, 2019.
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,
$1,307,456,000, to remain available for obligation until
September 30, 2019.
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,
$14,253,623,000, to remain available for obligation until
September 30, 2019.
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, $2,348,121,000, to remain available
for obligation until September 30, 2019.
Space Procurement, Air Force
For construction, procurement, 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, $2,733,243,000, to remain available
for obligation until September 30, 2019.
Procurement of Ammunition, Air Force
For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized
equipment and training devices; expansion of public and
private plants, including ammunition facilities, authorized
by section 2854 of title 10, United States Code, and the land
necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$1,589,219,000, to remain available for obligation until
September 30, 2019.
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, $17,768,224,000, to remain available for obligation
until September 30, 2019.
Procurement, Defense-Wide
For expenses of activities and agencies of the Department
of Defense (other than the military departments) necessary
for procurement, production, and modification of equipment,
supplies, materials, and spare parts therefor, not otherwise
provided for; the purchase of passenger motor vehicles for
replacement only; expansion of public and private plants,
equipment, and installation thereof in such plants, erection
of structures, and acquisition of land for the foregoing
purposes, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to
approval of title; reserve plant and Government and
contractor-owned equipment layaway, $4,881,022,000, to remain
available for obligation until September 30, 2019.
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. 4518, 4531, 4532, and 4533), $64,065,000,
to remain available until expended.
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of
facilities and equipment, $8,332,965,000, to remain available
for obligation until September 30, 2018.
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, $17,214,530,000, to remain
available for obligation until September 30, 2018: 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
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of
facilities and equipment, $27,788,548,000, to remain
available for obligation until September 30, 2018.
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, $18,778,550,000, to
remain available for obligation until September 30, 2018:
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.
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, $186,994,000, to remain available for obligation
until September 30, 2018.
TITLE V
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For the Defense Working Capital Funds, $1,511,613,000.
[[Page H1625]]
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, $33,781,270,000; of which $31,277,002,000
shall be for operation and maintenance, of which not to
exceed one percent shall remain available for obligation
until September 30, 2018, and of which up to $15,315,832,000
may be available for contracts entered into under the TRICARE
program; of which $402,161,000, to remain available for
obligation until September 30, 2019, shall be for
procurement; and of which $2,102,107,000, to remain available
for obligation until September 30, 2018, 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
$1,014,600,000 shall be made available to the United States
Army Medical Research and Materiel Command to carry out the
congressionally directed medical research programs.
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, $523,726,000, of which $119,985,000 shall
be for operation and maintenance, of which no less than
$49,533,000 shall be for the Chemical Stockpile Emergency
Preparedness Program, consisting of $20,368,000 for
activities on military installations and $29,165,000, to
remain available until September 30, 2018, to assist State
and local governments, and of which not more than
$13,700,000, to remain available until September 30, 2018,
shall be for the destruction of eight United States-origin
chemical munitions in the Republic of Panama, to the extent
authorized by law; $15,132,000 shall be for procurement, to
remain available until September 30, 2019, of which
$15,132,000 shall be for the Chemical Stockpile Emergency
Preparedness Program to assist State and local governments;
and $388,609,000, to remain available until September 30,
2018, shall be for research, development, test and
evaluation, of which $380,892,000 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, $998,800,000, of which $626,087,000
shall be for counter-narcotics support; $118,713,000 shall be
for the drug demand reduction program; $234,000,000 shall be
for the National Guard counter-drug program; and $20,000,000
shall be for the National Guard counter-drug schools 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, $312,035,000, of which
$308,882,000 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 $3,153,000, to
remain available until September 30, 2018, 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, $515,596,000.
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, 2017: 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 2017: 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;
[[Page H1626]]
(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: Provided, That this subsection shall not apply
to transfers from the following appropriations accounts:
(1) ``Environmental Restoration, Army'';
(2) ``Environmental Restoration, Navy'';
(3) ``Environmental Restoration, Air Force'';
(4) ``Environmental Restoration, Defense-wide'';
(5) ``Environmental Restoration, Formerly Used Defense
Sites''; and
(6) ``Drug Interdiction and Counter-drug Activities,
Defense''.
(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 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.
Funds appropriated in title III of this Act may be used for
a multiyear procurement contract as follows: AH-64E Apache
Helicopter and UH-60M Blackhawk Helicopter.
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 2017, 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 2018 budget request for the Department
of Defense as well as all justification material and other
documentation supporting the fiscal year 2018 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 2018.
(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 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.
Sec. 8014. 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. 8015. 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. 8016. 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. 8017. 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
[[Page H1627]]
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. 8018. Of the amounts appropriated for ``Working
Capital Fund, Army'', $140,000,000 shall be available to
maintain competitive rates at the arsenals.
Sec. 8019. None of the funds available to the Department
of Defense 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. 8020. 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. 8021. 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. 8022. Funds appropriated by this Act for the Defense
Media Activity shall not be used for any national or
international political or psychological activities.
Sec. 8023. 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. 8024. (a) Of the funds made available in this Act, not
less than $40,021,000 shall be available for the Civil Air
Patrol Corporation, of which--
(1) $28,000,000 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) $10,337,000 shall be available from ``Aircraft
Procurement, Air Force''; and
(3) $1,684,000 shall be available from ``Other Procurement,
Air Force'' for vehicle procurement.
(b) The Secretary of the Air Force should waive
reimbursement for any funds used by the Civil Air Patrol for
counter-drug activities in support of Federal, State, and
local government agencies.
Sec. 8025. (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 the
current fiscal year may be used by a defense FFRDC, through a
fee or other payment mechanism, for construction of new
buildings not located on a military installation, 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 2017,
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 2018 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 $60,000,000.
Sec. 8026. 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. 8027. 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. 8028. 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. 8029. (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 2017. 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.
[[Page H1628]]
Sec. 8030. 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. 8031. (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. 8032. 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. 8033. 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. 8034. The Secretary of Defense shall issue
regulations to prohibit the sale of any tobacco or tobacco-
related products in military resale outlets in the United
States, its territories and possessions at a price below the
most competitive price in the local community: Provided,
That such regulations shall direct that the prices of tobacco
or tobacco-related products in overseas military retail
outlets shall be within the range of prices established for
military retail system stores located in the United States.
Sec. 8035. (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 2018 budget request for the Department
of Defense as well as all justification material and other
documentation supporting the fiscal year 2018 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 2018 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. 8036. 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, 2018: Provided, That funds appropriated, transferred, or
otherwise credited to the Central Intelligence Agency Central
Services Working Capital Fund during this or any prior or
subsequent fiscal year shall remain available until expended:
Provided further, That any funds appropriated or transferred
to the Central Intelligence Agency for advanced research and
development acquisition, for agent operations, and for covert
action programs authorized by the President under section 503
of the National Security Act of 1947 (50 U.S.C. 3093) shall
remain available until September 30, 2018.
Sec. 8037. Notwithstanding any other provision of law,
funds made available in this Act and hereafter 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. 8038. 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. 8039. (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. 8040. Notwithstanding any other provision of law,
none of the funds appropriated or otherwise made available by
this or any other Act may be used to consolidate or relocate
any element of a United States Air Force Rapid Engineer
Deployable Heavy Operational Repair Squadron Engineer (RED
HORSE) outside of the United States until the Secretary of
the Air Force--
(1) completes an analysis and comparison of the cost and
infrastructure investment required to consolidate or relocate
a RED HORSE squadron outside of the United States versus
within the United States;
(2) provides to the congressional defense committees a
report detailing the findings of the cost analysis; and
(3) certifies in writing to the congressional defense
committees that the preferred site for the consolidation or
relocation yields the greatest savings for the Air Force:
Provided, That the term ``United States'' in this section
does not include any territory or possession of the United
States.
Sec. 8041. (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. 8042. (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--
[[Page H1629]]
(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. 8043. 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:
``Aircraft Procurement, Army'', 2015/2017, $15,000,000;
``Other Procurement, Army'', 2015/2017, $23,045,000;
``Aircraft Procurement, Navy'', 2015/2017, $88,000,000;
``Weapons Procurement, Navy'', 2015/2017, $11,933,000;
``Procurement of Ammunition, Navy and Marine Corps'', 2015/
2017, $43,600,000;
``Aircraft Procurement, Air Force'', 2015/2017,
$57,000,000;
``Other Procurement, Air Force'', 2015/2017, $25,500,000;
``Aircraft Procurement, Army'', 2016/2018, $34,594,000;
``Procurement of Ammunition, Army'', 2016/2018, $5,000,000;
``Other Procurement, Army'', 2016/2018, $84,100,000;
``Aircraft Procurement, Navy'', 2016/2018, $6,755,000;
``Weapons Procurement, Navy'', 2016/2018, $5,307,000;
``Procurement of Ammunition, Navy and Marine Corps'', 2016/
2018, $6,968,000;
``Shipbuilding and Conversion, Navy'', 2016/2020: DDG-51
Destroyer, $50,000,000;
``Shipbuilding and Conversion, Navy'', 2016/2020: LPD-17,
$14,906,000;
``Shipbuilding and Conversion, Navy'', 2016/2020: LX (R),
(AP), $236,000,000;
``Other Procurement, Navy'', 2016/2018, $56,374,000;
``Aircraft Procurement, Air Force'', 2016/2018,
$383,200,000;
``Missile Procurement, Air Force'', 2016/2018, $34,700,000;
``Space Procurement, Air Force'', 2016/2018, $100,000,000;
``Other Procurement, Air Force'', 2016/2018, $56,369,000;
``Procurement, Defense-Wide'', 2016/2018, $2,600,000;
``Research, Development, Test and Evaluation, Army'', 2016/
2017, $33,402,000;
``Research, Development, Test and Evaluation, Navy'', 2016/
2017, $31,219,000;
``Research, Development, Test and Evaluation, Air Force'',
2016/2017, $532,550,000; and
``Research, Development, Test and Evaluation, Defense-
Wide'', 2016/2017, $64,500,000.
Sec. 8044. None of the funds available in this Act may be
used to reduce the authorized positions for military
technicians (dual status) of the Army National Guard, Air
National Guard, Army Reserve and Air Force Reserve for the
purpose of applying any administratively imposed civilian
personnel ceiling, freeze, or reduction on military
technicians (dual status), unless such reductions are a
direct result of a reduction in military force structure.
Sec. 8045. 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. 8046. 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. 8047. (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. 8048. 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. 8049. None of the funds made available by this Act
may be used to retire, divest, realign, or transfer RQ-4B
Global Hawk aircraft, or to disestablish or convert units
associated with such aircraft.
Sec. 8050. None of the funds made available by this Act
for Evolved Expendable Launch Vehicle service competitive
procurements may be used unless the competitive procurements
are open for award to all certified providers of Evolved
Expendable Launch Vehicle-class systems: Provided, That the
award shall be made to the provider that offers the best
value to the government.
Sec. 8051. 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. 8052. 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. 8053. Notwithstanding any other provision in this
Act, the Small Business Innovation Research program and the
Small Business Technology Transfer program set-asides shall
be taken proportionally from all programs, projects, or
activities to the extent they contribute to the extramural
budget.
Sec. 8054. 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. 8055. 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
[[Page H1630]]
outside the Department of Defense pursuant to section 2012 of
title 10, United States Code.
Sec. 8056. 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. 8057. (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. 8058. None of the funds available to the Department
of Defense may be obligated to modify command and control
relationships to give Fleet Forces Command operational and
administrative control of United States Navy forces assigned
to the Pacific fleet: Provided, That the command and control
relationships which existed on October 1, 2004, shall remain
in force until a written modification has been proposed to
the House and Senate Appropriations Committees: Provided
further, That the proposed modification may be implemented 30
days after the notification unless an objection is received
from either the House or Senate Appropriations Committees:
Provided further, That any proposed modification shall not
preclude the ability of the commander of United States
Pacific Command to meet operational requirements.
(including transfer of funds)
Sec. 8059. Of the funds appropriated in this Act under the
heading ``Operation and Maintenance, Defense-wide'',
$25,000,000 shall be for continued implementation and
expansion of the Sexual Assault Special Victims' Counsel
Program: 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. 8060. 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. 8061. (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. 8062. 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.
(including transfer of funds)
Sec. 8063. Of the amounts appropriated for ``Operation and
Maintenance, Navy'', up to $1,000,000 shall be available for
transfer to the John C. Stennis Center for Public Service
Development Trust Fund established under section 116 of the
John C. Stennis Center for Public Service Training and
Development Act (2 U.S.C. 1105).
Sec. 8064. 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. 8065. The Secretary of Defense shall continue to
provide a classified quarterly report to the House and Senate
Appropriations Committees, Subcommittees on Defense on
certain matters as directed in the classified annex
accompanying this Act.
Sec. 8066. 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. 8067. 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. 8068. 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.
(including transfer of funds)
Sec. 8069. Of the amounts appropriated in this Act under
the heading ``Operation and Maintenance, Army'', $75,950,170
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. 8070. (a) None of the funds appropriated in this or
any other Act may be used to take any action to modify--
[[Page H1631]]
(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.
Sec. 8071. 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. 8072. Of the amounts appropriated in this Act under
the headings ``Procurement, Defense-Wide'' and ``Research,
Development, Test and Evaluation, Defense-Wide'',
$600,735,000 shall be for the Israeli Cooperative Programs:
Provided, That of this amount, $62,000,000 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;
$266,511,000 shall be for the Short Range Ballistic Missile
Defense (SRBMD) program, including cruise missile defense
research and development under the SRBMD program, of which
$150,000,000 shall be for co-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, of which not more than
$90,000,000, subject to previously established transfer
procedures, may be obligated or expended until establishment
of a U.S.-Israeli co-production agreement for SRBMD;
$204,893,000 shall be for an upper-tier component to the
Israeli Missile Defense Architecture, of which $120,000,000
shall be for co-production activities of Arrow 3 Upper Tier
missiles in the United States and in Israel to meet Israel's
defense requirements consistent with each nation's laws,
regulations, and procedures, of which not more than
$70,000,000 subject to previously established transfer
procedures, may be obligated or expended until establishment
of a U.S.-Israeli co-production agreement for Arrow 3 Upper
Tier; and $67,331,000 shall be for the Arrow System
Improvement Program including development of a long range,
ground and airborne, detection suite: 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. 8073. Of the amounts appropriated in this Act under
the heading ``Shipbuilding and Conversion, Navy'',
$160,274,000 shall be available until September 30, 2017, 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'', 2012/2017: LPD-17 Amphibious Transport Dock Program
$45,060,000;
(2) Under the heading ``Shipbuilding and Conversion,
Navy'', 2011/2017: DDG-51 Destroyer $15,959,000;
(3) Under the heading ``Shipbuilding and Conversion,
Navy'', 2012/2017: Littoral Combat Ship $3,600,000;
(4) Under the heading ``Shipbuilding and Conversion,
Navy'', 2013/2017: Littoral Combat Ship $82,400,000;
(5) Under the heading ``Shipbuilding and Conversion,
Navy'', 2012/2017: Expeditionary Fast Transport $6,710,000;
and
(6) Under the heading ``Shipbuilding and Conversion,
Navy'', 2013/2017: Expeditionary Fast Transport $6,545,000.
Sec. 8074. 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 2017 until the enactment of the Intelligence
Authorization Act for Fiscal Year 2017.
Sec. 8075. 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. 8076. The budget of the President for fiscal year
2018 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. 8077. 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. 8078. 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 $157,000,000.
Sec. 8079. 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. 8080. 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. 8081. (a) None of the funds appropriated by this Act
may be used to transfer research and development,
acquisition, or other program authority relating to current
tactical unmanned aerial vehicles (TUAVs) from the Army.
(b) The Army shall retain responsibility for and
operational control of the MQ-1C Gray Eagle Unmanned Aerial
Vehicle (UAV) in order to support the Secretary of Defense in
matters relating to the employment of unmanned aerial
vehicles.
Sec. 8082. Up to $10,120,000 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. 8083. None of the funds appropriated by this Act for
programs of the Office of the Director of National
Intelligence shall remain available for obligation beyond the
current fiscal year, except for funds appropriated for
research and technology, which shall remain available until
September 30, 2018.
Sec. 8084. For purposes of section 1553(b) of title 31,
United States Code, any subdivision
[[Page H1632]]
of appropriations made in this Act under the heading
``Shipbuilding and Conversion, Navy'' shall be considered to
be for the same purpose as any subdivision under the heading
``Shipbuilding and Conversion, Navy'' appropriations in any
prior fiscal year, and the 1 percent limitation shall apply
to the total amount of the appropriation.
Sec. 8085. (a) Not later than 60 days after the date of
enactment of this Act, the Director of National Intelligence
shall submit a report to the congressional intelligence
committees to establish the baseline for application of
reprogramming and transfer authorities for fiscal year 2017:
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. 8086. None of the funds made available by this Act
may be used to eliminate, restructure, or realign Army
Contracting Command--New Jersey or make disproportionate
personnel reductions at any Army Contracting Command--New
Jersey sites without 30-day prior notification to the
congressional defense committees.
(rescission)
Sec. 8087. Of the unobligated balances available to the
Department of Defense, the following funds are permanently
rescinded from the following accounts and programs in the
specified amounts to reflect excess cash balances in
Department of Defense Acquisition Workforce Development Fund:
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:
From ``Department of Defense Acquisition Workforce
Development Fund, Defense'', $531,000,000.
Sec. 8088. 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.
Sec. 8089. Of the amounts appropriated for ``Operation and
Maintenance, Defense-Wide'', $67,500,000, to remain available
until expended, shall be available, notwithstanding any other
provision of law, to the Secretary of Defense acting through
the Office of Economic Adjustment of the Department of
Defense to make grants, conclude cooperative agreements, and
supplement other Federal funds to address the need for
assistance to support critical existing and enduring military
installations and missions on Guam, as well as any potential
Department of Defense growth, for purposes of addressing the
need for civilian water and wastewater improvements.
Sec. 8090. (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. 8091. 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. 8092. 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.
(including transfer of funds)
Sec. 8093. 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. 8094. Funds appropriated by this Act for operation
and maintenance may be available for the purpose of making
remittances and transfer to the Defense Acquisition Workforce
Development Fund in accordance with section 1705 of title 10,
United States Code.
Sec. 8095. (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. 8096. (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. 8097. From within the funds appropriated for
operation and maintenance for
[[Page H1633]]
the Defense Health Program in this Act, up to $122,375,000,
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. 8098. None of the funds appropriated or otherwise
made available by this Act may be used by the Department of
Defense or a component thereof in contravention of the
provisions of section 130h of title 10, United States Code.
Sec. 8099. Appropriations available to the Department of
Defense may be used for the purchase of heavy and light
armored vehicles for the physical security of personnel or
for force protection purposes up to a limit of $450,000 per
vehicle, notwithstanding price or other limitations
applicable to the purchase of passenger carrying vehicles.
(including transfer of funds)
Sec. 8100. 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
$1,500,000,000 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,
2017.
Sec. 8101. None of the funds appropriated or otherwise
made available in this or any other Act may be used to
transfer, release, or assist in the transfer or release to or
within the United States, its territories, or possessions
Khalid Sheikh Mohammed or any other detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at United
States Naval Station, Guantanamo Bay, Cuba, by the Department
of Defense.
Sec. 8102. (a) None of the funds appropriated or otherwise
made available in this or any other Act may be used to
construct, acquire, or modify any facility in the United
States, its territories, or possessions to house any
individual described in subsection (c) for the purposes of
detention or imprisonment in the custody or under the
effective control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to
any modification of facilities at United States Naval
Station, Guantanamo Bay, Cuba.
(c) An individual described in this subsection is any
individual who, as of June 24, 2009, is located at United
States Naval Station, Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of
the Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control of the
Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
Sec. 8103. 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
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 1034 of the
National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92) and section 1034 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328).
Sec. 8104. 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. 8105. (a) None of the funds appropriated or otherwise
made available by this 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. (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.
Sec. 8108. 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. 8109. The Secretary of Defense shall post grant
awards on a public Web site in a searchable format.
Sec. 8110. 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. 8111. 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
[[Page H1634]]
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.
Sec. 8112. 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. 8113. None of the funds made available in this or any
other Act may be used to pay the salary of any officer or
employee of any agency funded by this Act who approves or
implements the transfer of administrative responsibilities or
budgetary resources of any program, project, or activity
financed by this Act to the jurisdiction of another Federal
agency not financed by this Act without the express
authorization of Congress: Provided, That this limitation
shall not apply to transfers of funds expressly provided for
in Defense Appropriations Acts, or provisions of Acts
providing supplemental appropriations for the Department of
Defense.
Sec. 8114. 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 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 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. 8115. 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. 8116. 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. 8117. 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.
Sec. 8118. The amount appropriated in title II of this Act
for ``Operation and Maintenance, Army'' is hereby reduced by
$336,000,000 to reflect excess cash balances in Department of
Defense Working Capital Funds.
Sec. 8119. Notwithstanding any other provision of this
Act, to reflect savings due to lower than anticipated fuel
costs, the total amount appropriated in title II of this Act
is hereby reduced by $1,155,000,000.
Sec. 8120. None of the funds made available by this Act
may be used to divest or retire, or to prepare to divest or
retire, KC-10 aircraft.
Sec. 8121. 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 EC-130H aircraft.
Sec. 8122. None of the funds made available by this Act
may be used for Government Travel Charge Card expenses by
military or civilian personnel of the Department of Defense
for gaming, or for entertainment that includes topless or
nude entertainers or participants, as prohibited by
Department of Defense FMR, Volume 9, Chapter 3 and Department
of Defense Instruction 1015.10 (enclosure 3, 14a and 14b).
Sec. 8123. None of the funds made available by this Act
may be used to propose, plan for, or execute a new or
additional Base Realignment and Closure (BRAC) round.
Sec. 8124. Of the amounts appropriated in this Act for
``Operation and Maintenance, Navy'', $274,524,000, to remain
available until expended, may be used for any purposes
related to the National Defense Reserve Fleet established
under section 11 of the Merchant Ship Sales Act of 1946 (50
U.S.C. 4405): Provided, That such amounts are available for
reimbursements to the Ready Reserve Force, Maritime
Administration account of the United States Department of
Transportation for programs, projects, activities, and
expenses related to the National Defense Reserve Fleet.
(including transfer of funds)
Sec. 8125. Of the amounts appropriated in this Act, the
Secretary of Defense may use up to $20,000,000 under the
heading ``Operation and Maintenance, Defense-Wide'', and up
to $75,000,000 under the heading ``Research, Development,
Test and Evaluation, Defense-Wide'' to develop, replace, and
sustain Federal Government security and suitability
background investigation information technology systems of
the Office of Personnel Management or other Federal agency
responsible for conducting such investigations: Provided,
That the Secretary may reprogram or transfer additional
amounts into these headings or into ``Procurement, Defense-
Wide'' using established reprogramming procedures applicable
to congressional special interest items: Provided further,
That such funds shall supplement, not supplant any other
amounts made available to other Federal agencies for such
purposes.
Sec. 8126. None of the funds made available by this Act
for the Joint Surveillance Target Attack Radar System
recapitalization program may be obligated or expended for
pre-milestone B activities after March 31, 2018.
Sec. 8127. None of the funds made available by this Act
may be used to carry out the closure or realignment of the
United States Naval Station, Guantanamo Bay, Cuba.
(including transfer of funds)
Sec. 8128. Additional readiness funds made available in
title II of this Act for ``Operation and Maintenance, Army'',
``Operation and Maintenance, Navy'', ``Operation and
Maintenance, Marine Corps'', and ``Operation and Maintenance,
Air Force'' may be transferred to and merged with any
appropriation of the Department of Defense for activities
related to the Zika virus in order to provide health support
for the full range of military operations and sustain the
health of the members of the Armed Forces, civilian employees
of the Department of Defense, and their families, to include:
research and development, disease surveillance, vaccine
development, rapid detection, vector controls and
surveillance, training, and outbreak response: Provided,
That the authority provided in this section is subject to the
same terms and conditions as the authority provided in
section 8005 of this Act.
Sec. 8129. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network
unless such network is designed to block access to
pornography websites.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities, or
for any activity necessary for the national defense,
including intelligence activities.
(rescission)
Sec. 8130. (a) The Ship Modernization, Operations and
Sustainment Fund established by section 8103 of the
Department of Defense Appropriations Act, 2013 (division C of
Public Law 113-6; 127 Stat. 321) is hereby terminated,
effective as of the date of the enactment of this Act.
(b) Any unobligated balances in the Ship Modernization,
Operations and Sustainment Fund as of the date of the
enactment of this Act are hereby rescinded.
Sec. 8131. None of the funds made available by this Act
may be used to provide arms, training, or other assistance to
the Azov Battalion.
Sec. 8132. Notwithstanding any other provision of law, any
transfer of funds appropriated or otherwise made available by
this Act to the Global Engagement Center pursuant to section
1287 of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328) shall be made in accordance
with section 8005 or 9002 of this Act, as applicable.
Sec. 8133. No amounts credited or otherwise made available
in this or any other Act to the Department of Defense
Acquisition Workforce Development Fund may be transferred to:
(1) the Rapid Prototyping Fund established under section
804(d) of the National Defense Authorization Act for Fiscal
Year 2016 (10 U.S.C. 2302 note); or
(2) credited to a military-department specific fund
established under section 804(d)(2) of the National Defense
Authorization Act for Fiscal Year 2016 (as amended by section
897 of the National Defense Authorization Act for Fiscal Year
2017).
Sec. 8134. The explanatory statement regarding this Act,
printed in the House of Representatives section of the
Congressional Record on or about March 8, 2017, by the
Chairman of the Committee on Appropriations of the House of
Representatives, shall have the same effect with respect to
the allocation of funds and implementation of this Act as if
it were a Report of the Committee on Appropriations.
Sec. 8135. No funds provided in this Act shall be used to
deny an Inspector General funded under this Act timely access
to any records, documents, or other materials available to
the department or agency over which that Inspector General
has responsibilities under the Inspector General Act of 1978,
or to prevent or impede that Inspector General's access to
such records, documents, or other materials, under any
provision of law, except a provision of law that expressly
refers to
[[Page H1635]]
the Inspector General and expressly limits the Inspector
General's right of access. A department or agency covered by
this section shall provide its Inspector General with access
to all such records, documents, and other materials in a
timely manner. Each Inspector General shall ensure compliance
with statutory limitations on disclosure relevant to the
information provided by the establishment over which that
Inspector General has responsibilities under the Inspector
General Act of 1978. Each Inspector General covered by this
section shall report to the Committees on Appropriations of
the House of Representatives and the Senate within 5 calendar
days any failures to comply with this requirement.
TITLE IX
OVERSEAS CONTINGENCY OPERATIONS/GLOBAL WAR ON TERRORISM
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$1,948,648,000: 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'',
$327,427,000: 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'', $179,733,000: 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'', $705,706,000: 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'',
$42,506,000: 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'',
$11,929,000: 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'', $3,764,000: 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'', $20,535,000: 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'', $196,472,000: 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'', $5,288,000: 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'', $15,693,068,000: 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
For an additional amount for ``Operation and Maintenance,
Navy'', $7,887,349,000: 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, Marine Corps
For an additional amount for ``Operation and Maintenance,
Marine Corps'', $1,607,259,000: 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'', $10,556,598,000: 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'', $6,476,649,000: Provided, That of the funds
provided under this heading, not to exceed $920,000,000, to
remain available until September 30, 2018, 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 enhance the ability of
the armed forces of Jordan to increase or sustain security
along its borders, upon 15 days prior written notification to
the congressional defense committees outlining the amounts
intended to be provided and the nature of the expenses
incurred: Provided further, That of the funds provided under
this heading, not to exceed $750,000,000, to remain available
until September 30, 2018, shall be available to provide
support and assistance to foreign security forces or other
groups or individuals to conduct, support or facilitate
counterterrorism, crisis response, or other Department of
Defense security cooperation programs: 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.
Operation and Maintenance, Army Reserve
For an additional amount for ``Operation and Maintenance,
Army Reserve'', $38,679,000: 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'', $26,265,000: 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, Marine Corps Reserve
For an additional amount for ``Operation and Maintenance,
Marine Corps Reserve'', $3,304,000: 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'', $57,586,000: 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'',
[[Page H1636]]
$127,035,000: 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'', $20,000,000: Provided, That such
amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Afghanistan Security Forces Fund
For the ``Afghanistan Security Forces Fund'',
$4,262,715,000, 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 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.
Counter-ISIL Train and Equip Fund
For the ``Counter-Islamic State of Iraq and the Levant
Train and Equip Fund'', $980,000,000, to remain available
until September 30, 2018: 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; logistics support, supplies, and
services; stipends; infrastructure repair and renovation; and
sustainment, to foreign security forces, irregular forces,
groups, or individuals participating, or preparing to
participate in activities to counter the Islamic State of
Iraq and the Levant, and their affiliated or associated
groups: Provided further, That these funds may be used, in
such amounts as the Secretary of Defense may determine, to
enhance the border security of nations adjacent to conflict
areas, including Jordan and Lebanon, resulting from actions
of the Islamic State of Iraq and the Levant: Provided
further, That amounts made available under this heading shall
be available to provide assistance only for activities in a
country designated by the Secretary of Defense, in
coordination with the Secretary of State, as having a
security mission to counter the Islamic State of Iraq and the
Levant, and following written notification to the
congressional defense committees of such designation:
Provided further, That the Secretary of Defense shall ensure
that prior to providing assistance to elements of any forces
or individuals, such elements or individuals 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 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 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 entity may be credited
to this Fund, to remain available until expended, and used
for such purposes: 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 that such provision 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 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 the United States may accept equipment procured using
funds provided under this heading, or under the heading,
``Iraq Train and Equip Fund'' in prior Acts, that was
transferred to security forces, irregular forces, or groups
participating, or preparing to participate in activities to
counter the Islamic State of Iraq and the Levant and returned
by such forces or groups 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 equipment procured using funds
provided under this heading, or under the heading, ``Iraq
Train and Equip Fund'' in prior Acts, and not yet transferred
to security forces, irregular forces, or groups
participating, or preparing to participate in activities to
counter the Islamic State of Iraq and the Levant may be
treated as stocks of the Department of Defense when
determined by the Secretary to no longer be required for
transfer to such forces or groups and upon written
notification to the congressional defense committees:
Provided further, That the Secretary of Defense shall provide
quarterly reports to the congressional defense committees on
the use of funds provided under this heading, including, but
not limited to, the number of individuals trained, the nature
and scope of support and sustainment provided to each group
or individual, the area of operations for each group, and the
contributions of other countries, groups, or individuals:
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.
PROCUREMENT
Aircraft Procurement, Army
For an additional amount for ``Aircraft Procurement,
Army'', $313,171,000, to remain available until September 30,
2019: 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'',
$405,317,000, to remain available until September 30, 2019:
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'', $395,944,000, to remain
available until September 30, 2019: 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'', $290,670,000, to remain available until September 30,
2019: 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'',
$1,343,010,000, to remain
[[Page H1637]]
available until September 30, 2019: 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'', $367,930,000, to remain available until September 30,
2019: 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.
Weapons Procurement, Navy
For an additional amount for ``Weapons Procurement, Navy'',
$8,600,000, to remain available until September 30, 2019:
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'', $65,380,000, to remain available
until September 30, 2019: 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'',
$99,786,000, to remain available until September 30, 2019:
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'',
$118,939,000, to remain available until September 30, 2019:
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'', $927,249,000, to remain available until September
30, 2019: 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'', $235,095,000, to remain available until September
30, 2019: 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'', $273,345,000, to remain available until
September 30, 2019: 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'', $3,529,456,000, to remain available until September
30, 2019: 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'',
$244,184,000, to remain available until September 30, 2019:
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 rotary-wing aircraft; combat, tactical
and support vehicles; other weapons; and other procurement
items for the reserve components of the Armed Forces,
$750,000,000, to remain available for obligation until
September 30, 2019: 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 further, That none of the funds made
available by this paragraph may be used to procure manned
fixed wing aircraft, or procure or modify missiles,
munitions, or ammunition: 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'', $100,522,000, 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.
Research, Development, Test and Evaluation, Navy
For an additional amount for ``Research, Development, Test
and Evaluation, Navy'', $78,323,000, 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.
Research, Development, Test and Evaluation, Air Force
For an additional amount for ``Research, Development, Test
and Evaluation, Air Force'', $67,905,000, 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.
Research, Development, Test and Evaluation, Defense-Wide
For an additional amount for ``Research, Development, Test
and Evaluation, Defense-Wide'', $159,919,000, 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.
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For an additional amount for ``Defense Working Capital
Funds'', $140,633,000: 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'',
$331,764,000, 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'', $215,333,000: 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-Threat Defeat Fund
(including transfer of funds)
For the ``Joint Improvised-Threat Defeat Fund'',
$339,472,000, to remain available until September 30, 2019:
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-
Threat 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
5 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'', $22,062,000: 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. 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 2017.
(including transfer of funds)
Sec. 9002. Upon the determination of the Secretary of
Defense that such action is necessary in the national
interest, the Secretary may, with the approval of the Office
[[Page H1638]]
of Management and Budget, transfer up to $2,500,000,000
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. 9003. 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. 9004. From funds made available in this title, the
Secretary of Defense may purchase for use by military and
civilian employees of the Department of Defense in the United
States Central Command area of responsibility: (1) passenger
motor vehicles up to a limit of $75,000 per vehicle; and (2)
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. 9005. Not to exceed $5,000,000 of the amounts
appropriated by this title under the heading ``Operation and
Maintenance, Army'' may be used, notwithstanding any other
provision of law, to fund the Commanders' 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 6 months of the fiscal year, 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 6-month period
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 fiscal year quarter, the
Army shall submit to the congressional defense committees
quarterly commitment, obligation, and expenditure data for
the CERP 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. 9006. Funds available to the Department of Defense
for operation and maintenance may be used, notwithstanding
any other provision of law, to provide supplies, services,
transportation, including airlift and sealift, and other
logistical support to allied forces participating in a
combined operation with the armed forces of the United States
and 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. 9007. None of the funds appropriated or otherwise
made available by this or any other Act shall be obligated or
expended by the United States Government for a purpose as
follows:
(1) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Iraq.
(2) To exercise United States control over any oil resource
of Iraq.
(3) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Afghanistan.
Sec. 9008. None of the funds made available in this Act
may be used in contravention of the following laws enacted or
regulations promulgated to implement the United Nations
Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (done at New York on
December 10, 1984):
(1) Section 2340A of title 18, United States Code.
(2) Section 2242 of the Foreign Affairs Reform and
Restructuring Act of 1998 (division G of Public Law 105-277;
112 Stat. 2681-822; 8 U.S.C. 1231 note) and regulations
prescribed thereto, including regulations under part 208 of
title 8, Code of Federal Regulations, and part 95 of title
22, Code of Federal Regulations.
(3) Sections 1002 and 1003 of the Department of Defense,
Emergency Supplemental Appropriations to Address Hurricanes
in the Gulf of Mexico, and Pandemic Influenza Act, 2006
(Public Law 109-148).
Sec. 9009. None of the funds provided for the
``Afghanistan Security Forces Fund'' (ASFF) may be obligated
prior to the approval of a financial and activity plan by the
Afghanistan Resources Oversight Council (AROC) of the
Department of Defense: Provided, That the AROC must approve
the requirement and acquisition plan for any service
requirements in excess of $50,000,000 annually and any non-
standard equipment requirements in excess of $100,000,000
using ASFF: Provided further, That the 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. 9010. Funds made available in this title to the
Department of Defense for operation and maintenance may be
used to purchase items having an investment unit cost of not
more than $250,000: Provided, That, upon determination by
the Secretary of Defense that such action is necessary to
meet the operational requirements of a Commander of a
Combatant Command engaged in contingency operations overseas,
such funds may be used to purchase items having an investment
item unit cost of not more than $500,000.
Sec. 9011. From funds made available to the Department of
Defense in this title under the heading ``Operation and
Maintenance, Air Force'', up to $60,000,000 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 2017, 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 2017, 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 2017: 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. 9012. Up to $500,000,000 of funds appropriated by
this Act for the Defense Security Cooperation Agency in
``Operation and Maintenance, Defense-Wide'' may be used to
provide assistance to the Government of Jordan to support the
armed forces of Jordan and to enhance security along its
borders.
Sec. 9013. None of the funds made available by this Act
under the heading ``Counter-ISIL Train and Equip Fund'' may
be used to procure or transfer man-portable air defense
systems.
Sec. 9014. For the ``Ukraine Security Assistance
Initiative'', $150,000,000 is hereby appropriated, 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; lethal weapons of
a defensive nature; logistics support, supplies and services;
sustainment; and intelligence support to the military and
national security forces of Ukraine, and for replacement of
any weapons or defensive articles provided to the Government
of Ukraine from the inventory of the United States: Provided
further, That the Secretary of Defense shall, not less than
15 days prior to obligating funds provided under
[[Page H1639]]
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.
Sec. 9015. Funds appropriated in this title shall be
available for replacement of funds for items provided to the
Government of Ukraine from the inventory of the United States
to the extent specifically provided for in section 9014 of
this Act.
Sec. 9016. None of the funds made available by this Act
under section 9014 for ``Assistance and Sustainment to the
Military and National Security Forces of Ukraine'' may be
used to procure or transfer man-portable air defense systems.
Sec. 9017. (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, That such report may be submitted in
classified form if necessary.
(including transfer of funds)
Sec. 9018. 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 operation 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 funding under this section
shall terminate on September 30, 2017.
Sec. 9019. None of the funds made available by this Act
may be used with respect to Syria in contravention of the War
Powers Resolution (50 U.S.C. 1541 et seq.), including for the
introduction of United States armed or military forces into
hostilities in Syria, into situations in Syria where imminent
involvement in hostilities is clearly indicated by the
circumstances, or into Syrian territory, airspace, or waters
while equipped for combat, in contravention of the
congressional consultation and reporting requirements of
sections 3 and 4 of that law (50 U.S.C. 1542 and 1543).
Sec. 9020. None of the funds in this Act may be made
available for the transfer of additional C-130 cargo aircraft
to the Afghanistan National Security Forces or the
Afghanistan Air Force until the Department of Defense
provides a report to the congressional defense committees of
the Afghanistan Air Force's medium airlift requirements. The
report should identify Afghanistan's ability to utilize and
maintain existing medium lift aircraft in the inventory and
the best alternative platform, if necessary, to provide
additional support to the Afghanistan Air Force's current
medium airlift capacity.
(rescissions)
Sec. 9021. 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 such amounts 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:
``Operation and Maintenance, Defense-Wide, DSCA Coalition
Support Fund'', 2016/2017, $300,000,000;
``Counterterrorism Partnerships Fund'', 2016/2017,
$200,000,000;
``Afghanistan Security Forces Fund'', 2016/2017,
$150,000,000; and
``Other Procurement, Air Force'', 2016/2018, $169,000,000.
(rescission)
Sec. 9022. 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 amounts rescinded pursuant
to this section that were previously designated by the
Congress for contingency operations directly related to the
global war on terrorism pursuant to section 3(c)(2) of H.
Res. 5 (112th Congress) and as an emergency requirement
pursuant to section 403(a) of S. Con. Res. 13 (111th
Congress) 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:
``Operation and Maintenance, Defense-Wide: Coalition
Support Funds'', XXXX, $11,524,000.
Sec. 9023. (a) The Mine Resistant Ambush Protected Vehicle
Fund provided for by section 123 of Public Law 110-92 (121
Stat. 992) is hereby terminated, effective as of the date of
the enactment of this Act.
(b) Any unobligated balances in the Mine Resistant Ambush
Protected Vehicle Fund as of the date of the enactment of
this Act shall, notwithstanding any provision of subchapter
IV of chapter 15 of title 31, United States Code, or the
procedures under such subchapter, be deposited in the
Treasury as miscellaneous receipts.
Sec. 9024. 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 (or rescinded, if applicable) only if the
President subsequently so designates all such amounts and
transmits such designations to the Congress.
This Act may be cited as the ``Department of Defense
Appropriations Act, 2017''.
The SPEAKER pro tempore. 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.
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 include extraneous material on H.R. 1301, 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.
Mr. FRELINGHUYSEN. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise today to present H.R. 1301, the Defense
Appropriations bill for fiscal year 2017.
In total, this bill provides $577.9 billion in funding for the
Department of Defense: $516.1 billion in discretionary funding and
$61.8 billion in overseas contingency operations and global war on
terrorism funding.
When combined with the funding provided in the continuing resolution
supplemental enacted in December, total defense funding for fiscal year
2017 equals $584 billion, consistent with the top line provided in the
National Defense Authorization Act, and $10.9 billion more than fiscal
year 2016 levels.
Mr. Speaker, strengthening our national security and rebuilding our
military starts today, with this agreement,
[[Page H1640]]
the first step after years of cutbacks. Our Armed Forces and
intelligence community are currently operating under a continuing
resolution, which denies them stability and predictability, both of
which they have not had for many years.
H.R. 1301 provides that stability, removing defense funding from
under continuing resolution autopilot, preventing further damage to our
national defense and providing additional support for our men and women
in uniform and their families.
Our troops serve with honor in Iraq, Afghanistan, Syria, South Korea,
Japan, across the Baltics, the Sinai, and Africa on the ground, in the
air, and aboard ships across the globe doing the work of freedom.
Mr. Speaker, this agreement rejects the troop reductions proposed by
the previous administration, providing for increased end-strength
levels authorized by the NDAA: 1.3 million Active Duty troops and
813,000 National Guard and Reserve troops, all of whom work as one
team.
Our bill also fully funds the authorized 2.1 percent pay raise and
provides increased funding for Defense Health Programs to ensure full
care for all of our warfighters, their families, and military retirees.
This agreement also ensures that our Armed Forces have the training
and equipment they need to conduct successful missions. Funding is
increased for key readiness programs that prepare and train our troops
and that modernize essential military installations. It reverses the
previous administration's cuts to procurement, providing for additional
production of state-of-the-art aircraft and ships.
In addition, we enhance cyber and ISR programs, or intelligence,
surveillance and reconnaissance programs, capabilities our combatant
commanders badly need.
This reflects congressional priorities. We took into account the
views of each and every Member who worked with us throughout the
process. This is a bipartisan, bicameral agreement that deserves the
support of the House.
I thank Chairwoman Kay Granger for her efforts in bringing this bill
to the floor today and for taking over the leadership of the Defense
Subcommittee in January.
I also thank the subcommittee's ranking member, Mr. Visclosky, for
his contributions to this bill and the earlier bill. He has been an
excellent partner throughout this process, and I am grateful for our
continued strong working relationship.
In addition, I commend Nita Lowey, the ranking member of the full
committee, for her partnership and commitment to completing all of our
appropriations work.
Lastly, I thank the staff of the subcommittee that is behind me, both
minority and majority, as well as our personal offices and the full
Appropriations Committee for their tireless work putting this bill
together.
In particular, I would like to acknowledge Will Smith and David
Pomerantz, the outgoing staff directors for the Appropriations
Committee, both majority and minority, in this remarkable committee.
Both have made immeasurable contributions to the Appropriations
Committee in this institution, and we are indebted for their service.
We thank both of them and wish them both the best.
Mr. Speaker, today our Nation faces a dangerous and unpredictable
world. At the same time, our Armed Forces are struggling to have our
soldiers, sailors, airmen, and marines fully trained and ready to meet
every conceivable threat. That important work to address that critical
situation starts with this bill.
Mr. Speaker, I urge support of the agreement, and I reserve the
balance of my time.
EXPLANATORY STATEMENT SUBMITTED BY MR. FRELINGHUYSEN, CHAIRMAN OF THE
HOUSE COMMITTEE ON APPROPRIATIONS REGARDING H.R. 1301
The following is an explanation of the effects of this Act,
which makes appropriations for the Department of Defense for
fiscal year 2017. Unless otherwise noted, references to the
House and Senate reports are to House Report 114-577 and
Senate Report 114-263, respectively. The language contained
in the House and Senate reports warrant full compliance and
carry the same weight as language included in this
explanatory statement unless specifically addressed to the
contrary in the bill or this explanatory statement. While
repeating some language from the House or Senate reports for
emphasis, this explanatory statement does not intend to
negate the language referred to above unless expressly
provided herein.
DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY
For the purposes of the Balanced Budget and Emergency
Deficit Control Act of 1985 (Public Law 99-177), as amended
by the Balanced Budget and Emergency Deficit Control
Reaffirmation Act of 1987 (Public Law 100-119), and by the
Budget Enforcement Act of 1990 (Public Law 101-508), the
terms ``program, project, and activity'' for appropriations
contained in this Act shall be defined as the most specific
level of budget items identified in the Department of Defense
Appropriations Act, 2017, the related classified annexes and
explanatory statements, and the P-1 and R-1 budget
justification documents as subsequently modified by
congressional action.
The following exception to the above definition shall
apply: the military personnel and the operation and
maintenance accounts, for which the term ``program, project,
and activity'' is defined as the appropriations accounts
contained in the Department of Defense Appropriations Act.
At the time the President submits the budget request for
fiscal year 2018, the Secretary of Defense is directed to
transmit to the congressional defense committees budget
justification documents to be known as the ``M-1'' and the
``O-1'' which shall identify, at the budget activity,
activity group, and sub-activity group level, the amounts
requested by the President to be appropriated to the
Department of Defense for military personnel and operation
and maintenance in any budget request, or amended budget
request, for fiscal year 2018.
REPROGRAMMING GUIDANCE
The Secretary of Defense is directed to continue to follow
the reprogramming guidance for acquisition accounts as
specified in the report accompanying the House version of the
Department of Defense Appropriations bill for Fiscal Year
2008 (House Report 110-279). For operation and maintenance
accounts, the Secretary of Defense shall continue to follow
the reprogramming guidelines specified in the conference
report accompanying H.R. 3222, the Department of Defense
Appropriations Act, 2008. The dollar threshold for
reprogramming funds shall remain at $10,000,000 for military
personnel; $15,000,000 for operation and maintenance;
$20,000,000 for procurement; and $10,000,000 for research,
development, test and evaluation.
Also, the Under Secretary of Defense (Comptroller) is
directed to continue to provide the congressional defense
committees annual DD Form 1416 reports for titles I and II
and quarterly, spreadsheet-based DD Form 1416 reports for
Service and defense-wide accounts in titles III and IV of
this Act. Reports for titles III and IV shall comply with
guidance specified in the explanatory statement accompanying
the Department of Defense Appropriations Act, 2006. The
Department shall continue to follow the limitation that prior
approval reprogrammings are set at either the specified
dollar threshold or 20 percent of the procurement or
research, development, test and evaluation line, whichever is
less. These thresholds are cumulative from the base for
reprogramming value as modified by any adjustments.
Therefore, if the combined value of transfers into or out of
a military personnel (M-1), an operation and maintenance (O-
1), a procurement (P-1), or a research, development, test and
evaluation (R-1) line exceeds the identified threshold, the
Secretary of Defense must submit a prior approval
reprogramming to the congressional defense committees. In
addition, guidelines on the application of prior approval
reprogramming procedures for congressional special interest
items are established elsewhere in this statement.
FUNDING INCREASES
The funding increases outlined in the tables for each
appropriation account shall be provided only for the specific
purposes indicated in the tables.
CONGRESSIONAL SPECIAL INTEREST ITEMS
Items for which additional funds have been provided or
items for which funding is specifically reduced as shown in
the project level tables or in paragraphs using the phrase
``only for'' or ``only to'' are congressional special
interest items for the purpose of the Base for Reprogramming
(DD Form 1414). Each of these items must be carried on the DD
Form 1414 at the stated amount, as specifically addressed in
the explanatory statement.
CLASSIFIED ANNEX
Adjustments to classified programs are addressed in the
accompanying classified annex.
BUDGET LIAISON SUPPORT TO THE HOUSE
AND SENATE DEFENSE APPROPRIATIONS
SUBCOMMITTEES
The House and Senate Defense Appropriations Subcommittees
rely heavily on offices within the Comptroller organizations
of the military departments and the Office of the Secretary
of Defense to conduct their oversight responsibilities and
make funding recommendations for the Department of Defense.
Established in the 1970s in accordance with a recommendation
of the Blue Ribbon Defense Panel, these offices facilitate
the appropriate flow of information between the House and
Senate Defense Appropriations Subcommittees and the
Comptroller of the respective department or agency. In the
early 1990s, the House and Senate Defense Appropriations
Subcommittees restated the
[[Page H1641]]
support these organizations provide to the Committees and
noted that ``while the various offices of legislative affairs
offer great assistance to DoD and the Congress, they do not
provide the expertise and the direct relationship to the
Comptroller organizations which are essential to the
effective communication between DoD and the Committees on
Appropriations.''
Further, the explanatory statement accompanying the
Department of Defense Appropriations Act, 2016 echoed the
imperative to maintain the existing liaison structure to
achieve the highest level of communication and trust between
the Department of Defense and the House and Senate Defense
Appropriations Subcommittees.
The House and Senate Defense Appropriations Subcommittees
repeat this support for the budget liaison organizations and
reiterate previously stated concerns that efforts to
incorporate these organizations into the military and Office
of the Secretary of Defense legislative affairs offices would
be deleterious to the appropriations process and to the
utility of the budget liaison operation. Therefore, the
agreement retains a provision in title II of this Act from
previous years that prohibits the use of funds in this Act 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.
CYBERSPACE ACTIVITIES
The agreement fully funds the fiscal year 2017 base budget
requirement of $6,734,000,000 for the Army, Navy, Marine
Corps, Air Force, and the defense agencies cyberspace
activities, an increase of $992,000,000 over the fiscal year
2016 enacted level.
While the Service and defense-wide budget justification
material, as well as the Department of Defense classified
cyberspace activities information technology investments
budget justification materials, provide some level of detail,
much of the funding is encompassed within larger programs and
funding lines, which limits visibility and congressional
oversight of requested funding for cyberspace activities
specifically.
Beginning in fiscal year 2018, the Department of Defense
Chief Information Officer is directed to modify the
cyberspace activities exhibit in order to provide increased
visibility and clarity into the cyberspace activities funding
requirements and changes to funding requirements from the
previous fiscal year enacted levels, to segregate civilian
and military pay, and to provide a crosswalk between the
cyberspace activities justification books and the Services
and defense-wide budget justification material.
Further, in order to provide additional clarity and to
enhance oversight, the Department of Defense Chief
Information Officer, in coordination with the Under Secretary
of Defense (Comptroller) and the Service Secretaries, is
directed to conduct a review of the budget justification
material and provide a proposal to the House and Senate
Appropriations Committees not later than September 1, 2017,
for how to clearly delineate the Department of Defense cyber
investment activities requested in the operation and
maintenance, procurement, and research, development, test and
evaluation accounts as part of the budget justification
material beginning with the fiscal year 2019 budget
submission. The Under Secretary of Defense (Comptroller) and
the Chief Information Officer are encouraged to consider
establishing a unique cyber sub-activity group for operation
and maintenance accounts and individual cost codes, projects,
or program elements for procurement and research,
development, test and evaluation accounts as part of this
review.
The Department of Defense cyberspace activities table
provided shows the amount of funding provided to each Service
and defense-wide account in fiscal years 2016 and 2017.
Funding appropriated therein may be used only for cyberspace
activities as defined by the classified cyberspace activities
information technology investment budget request for fiscal
year 2017. The Secretary of Defense is directed to use normal
prior approval reprogramming procedures to transfer funding
out of any operation and maintenance, procurement, or
research, development, test and evaluation accounts as
identified in the table titled ``Department of Defense
Cyberspace Activities'' for any purpose other than cyberspace
activities. The Department of Defense Chief Information
Officer shall submit to the House and Senate Appropriations
Committees two reports not later than May 30, 2017, and
November 30, 2017, which provide the mid-year and end of
fiscal year financial obligation and execution data for
cyberspace activities of each year.
This language replaces the language included under the
heading ``Cyberspace Operations'' in House Report 114-577.
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[[Page H1643]]
QUARTERLY CYBER OPERATIONS BRIEFING
The Secretary of Defense is directed to provide quarterly
briefings to the House and Senate Appropriations Committees
on all offensive and significant defensive military
operations in cyberspace carried out by the Department of
Defense not later than 30 days after the end of each fiscal
quarter.
TITLE I--MILITARY PERSONNEL
The agreement provides $128,725,978,000 in Title I,
Military Personnel. The agreement on items addressed by
either the House or the Senate is as follows:
[[Page H1644]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.002
[[Page H1645]]
SUMMARY OF MILITARY PERSONNEL END STRENGTH
----------------------------------------------------------------------------------------------------------------
Fiscal Year 2017
------------------------------------------------
Fiscal year Change
2016 Budget Change from
authorized request Final bill from fiscal
request year 2016
----------------------------------------------------------------------------------------------------------------
Active Forces (End Strength)
Army.......................................... 475,000 460,000 476,000 16,000 1,000
Navy.......................................... 329,200 322,900 323,900 1,000 -5,300
Marine Corps.................................. 184,000 182,000 185,000 3,000 1,000
Air Force..................................... 320,715 317,000 321,000 4,000 285
-------------------------------------------------------------
Total, Active Forces........................ 1,308,915 1,281,900 1,305,900 24,000 -3,015
-------------------------------------------------------------
Guard and Reserve Forces (End Strength)
Army Reserve.................................. 198,000 195,000 199,000 4,000 1,000
Navy Reserve.................................. 57,400 58,000 58,000 - - - 600
Marine Corps Reserve.......................... 38,900 38,500 38,500 - - - -400
Air Force Reserve............................. 69,200 69,000 69,000 - - - -200
Army National Guard........................... 342,000 335,000 343,000 8,000 1,000
Air National Guard............................ 105,500 105,700 105,700 - - - 200
-------------------------------------------------------------
Total, Selected Reserve..................... 811,000 801,200 813,200 12,000 2,200
-------------------------------------------------------------
Total, Military Personnel......................... 2,119,915 2,083,100 2,119,100 36,000 -815
----------------------------------------------------------------------------------------------------------------
SUMMARY OF GUARD AND RESERVE FULL-TIME STRENGTH
----------------------------------------------------------------------------------------------------------------
Fiscal Year 2017
------------------------------------------------
Fiscal year Change
2016 Budget Change from
authorized request Final bill from fiscal
request year 2016
----------------------------------------------------------------------------------------------------------------
Army Reserve:
AGR........................................... 16,261 16,261 16,261 - - - - - -
Technicians................................... 7,395 7,570 7,570 - - - 175
Navy Reserve:
AR............................................ 9,934 9,955 9,955 - - - 21
Marine Corps Reserve:
AR............................................ 2,260 2,261 2,261 - - - 1
Air Force Reserve:
AGR........................................... 3,032 2,955 2,955 - - - -77
Technicians................................... 9,814 10,061 10,061 - - - 247
Army National Guard:
AGR........................................... 30,770 30,155 30,155 - - - -615
Technicians................................... 26,099 25,507 25,507 - - - -592
Air National Guard
AGR........................................... 14,748 14,764 14,764 - - - 16
Technicians................................... 22,104 22,103 22,103 - - - -1
-------------------------------------------------------------
Totals:
AGR/AR........................................ 77,005 76,351 76,351 - - - -654
Technicians................................... 65,412 65,241 65,241 - - - -171
-------------------------------------------------------------
Total, Full-Time Support.................. 142,417 141,592 141,592 - - - -825
----------------------------------------------------------------------------------------------------------------
military personnel overview
The agreement provides the resources required for an
additional 24,000 active forces and 12,000 selected reserve
forces, as authorized by current law and above the requested
end strength levels, in order to meet operational needs for
fiscal year 2017. The agreement also provides the funding
necessary to support a 2.1 percent pay raise for all military
personnel, as authorized, effective January 1, 2017.
reprogramming guidance for military personnel accounts
The Secretary of Defense is directed to submit the Base for
Reprogramming (DD Form 1414) for each of the fiscal year 2017
appropriations accounts not later than 60 days after the
enactment of this Act. The Secretary of Defense is prohibited
from executing any reprogramming or transfer of funds for any
purpose other than originally appropriated until the
aforementioned report is submitted to the House and Senate
Appropriations Committees.
The Secretary of Defense is directed to use the normal
prior approval reprogramming procedures to transfer funds in
the Services' military personnel accounts between budget
activities in excess of $10,000,000.
military personnel special interest items
Items for which additional funds have been provided or have
been specifically reduced as shown in the project level
tables or in paragraphs using the phrase ``only for'' or
``only to'' in the explanatory statement are congressional
special interest items for the purpose of the Base for
Reprogramming (DD Form 1414). Each of these items must be
carried on the DD Form 1414 at the stated amount as
specifically addressed in the explanatory statement. Below
Threshold Reprogrammings may not be used to either restore or
reduce funding from congressional special interest items as
identified on the DD Form 1414.
military bands
Military bands honor and celebrate warfighters, promote
patriotism during community events, inspire servicemembers,
and enhance efforts to recruit and retain troops. Band
engagements play an important support role for national
security and joint operations, opening diplomatic doors for
political and military discussions while building trust and
confidence with foreign military and civilian authorities.
However, the activities of military bands must not detract
from the core competencies of the military. The Secretary of
Defense should review opportunities to ensure that only the
critical functions of military bands are supported while
minimizing impacts on funding for essential readiness,
military personnel, modernization, and research and
development activities.
MILITARY PERSONNEL, ARMY
The agreement on items addressed by either the House or the
Senate is as follows:
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MILITARY PERSONNEL, NAVY
The agreement on items addressed by either the House or the
Senate is as follows:
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MILITARY PERSONNEL, MARINE CORPS
The agreement on items addressed by either the House or the
Senate is as follows:
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MILITARY PERSONNEL, AIR FORCE
The agreement on items addressed by either the House or the
Senate is as follows:
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RESERVE PERSONNEL, ARMY
The agreement on items addressed by either the House or the
Senate is as follows:
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RESERVE PERSONNEL, NAVY
The agreement on items addressed by either the House or the
Senate is as follows:
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RESERVE PERSONNEL, MARINE CORPS
The agreement on items addressed by either the House or the
Senate is as follows:
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[[Page H1669]]
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RESERVE PERSONNEL, AIR FORCE
The agreement on items addressed by either the House or the
Senate is as follows:
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NATIONAL GUARD PERSONNEL, ARMY
The agreement on items addressed by either the House or the
Senate is as follows:
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[GRAPHIC] [TIFF OMITTED] TH08MR17.024
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NATIONAL GUARD PERSONNEL, AIR FORCE
The agreement on items addressed by either the House or the
Senate is as follows:
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[GRAPHIC] [TIFF OMITTED] TH08MR17.026
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TITLE II--OPERATION AND MAINTENANCE
The agreement provides $167,603,260,000 in Title II,
Operation and Maintenance. The agreement on items addressed
by either the House or the Senate is as follows:
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[GRAPHIC] [TIFF OMITTED] TH08MR17.027
[[Page H1681]]
REPROGRAMMING GUIDANCE FOR OPERATION AND MAINTENANCE ACCOUNTS
The Secretary of Defense is directed to submit the Base for
Reprogramming (DD Form 1414) for each of the fiscal year 2017
appropriation accounts not later than 60 days after the
enactment of this Act. The Secretary of Defense is prohibited
from executing any reprogramming or transfer of funds for any
purpose other than originally appropriated until the
aforementioned report is submitted to the House and Senate
Appropriations Committees.
The Secretary of Defense is directed to use the normal
prior approval reprogramming procedures to transfer funds in
the Services' operation and maintenance accounts between O-1
budget activities in excess of $15,000,000. In addition, the
Secretary of Defense should follow prior approval
reprogramming procedures for transfers in excess of
$15,000,000 out of the following budget sub-activities:
Army:
Maneuver units
Modular support brigades
Land forces operations support
Force readiness operations support
Land forces depot maintenance
Base operations support
Facilities sustainment, restoration, and modernization
Navy:
Mission and other flight operations
Aircraft depot maintenance
Mission and other ship operations
Ship depot maintenance
Facilities sustainment, restoration, and modernization
Marine Corps:
Depot maintenance
Facilities sustainment, restoration, and modernization
Air Force:
Primary combat forces
Combat enhancement forces
Operating forces depot maintenance
Facilities sustainment, restoration, and modernization
Mobilization depot maintenance
Training and recruiting depot maintenance
Administration and service-wide depot maintenance
Air Force Reserve:
Depot maintenance
Air National Guard:
Depot maintenance
Additionally, the Secretary of Defense should follow prior
approval reprogramming procedures for transfers in excess of
$15,000,000 into the following budget sub-activity:
Operation and Maintenance, Army National Guard:
Other personnel support/recruiting and advertising
With respect to Operation and Maintenance, Defense-Wide,
proposed transfers of funds to or from the levels specified
for defense agencies in excess of $15,000,000 shall be
subject to prior approval reprogramming procedures.
OPERATION AND MAINTENANCE SPECIAL INTEREST ITEMS
Items for which additional funds have been provided or have
been specifically reduced as shown in the project level
tables or in paragraphs using the phrase ``only for'' or
``only to'' in the explanatory statement are congressional
special interest items for the purpose of the Base for
Reprogramming (DD Form 1414). Each of these items must be
carried on the DD Form 1414 at the stated amount as
specifically addressed in the explanatory statement. Below
Threshold Reprogrammings may not be used to either restore or
reduce funding from congressional special interest items as
identified on the DD Form 1414.
READINESS
The agreement provides additional readiness funds for the
Services within the operation and maintenance accounts. This
funding shall be used only to improve military readiness,
including increased training, depot maintenance, and base
operations support. None of the funding provided may be used
for recruiting, marketing, or advertising programs. The
funding provided is a congressional special interest item.
The Secretary of Defense and the Service Secretaries are
directed to submit a detailed spending plan by sub-activity
group to the House and Senate Appropriations Committees not
less than 30 days prior to the obligation of these funds.
These transfers may be implemented 30 days after
congressional notification unless an objection is received
from either the House or Senate Appropriations Committees.
ENERGY INDEPENDENCE AND SECURITY ACT
The agreement does not include a provision included in the
House-passed version of H.R. 5293 that referenced the Energy
Independence and Security Act of 2007. It is noted that the
enforcement of section 526 of the Energy Independence and
Security Act of 2007 may lead to higher fuel costs for
federal fleets in the absence of competitively priced new
generation fuels that emit fewer emissions. In carrying out
this statute, the Secretary of Defense and the Service
Secretaries should work to ensure that costs associated with
fuel purchases necessary to carry out their respective
missions should be minimized to the greatest extent possible.
CIVILIAN PAY RAISE
Although the agreement does not include additional funds
specifically for the civilian pay increase from 1.6 percent
to 2.1 percent, sufficient funding is available within the
appropriations accounts to fully fund the increase due to
assets created by the civilian hiring freeze and the extended
length of H.R. 2028, theFurther Continuing and Security
Assistance Appropriations Act, 2017.
AQUEOUS FILM FORMING FOAM
The use of the fire-extinguishing agent Aqueous Film
Forming Foam (AFFF) by the Department of Defense has been
linked to elevated levels of perfluorinated chemicals (PFCs)
on military bases and in neighboring communities. According
to the Centers for Disease Control and Prevention and the
National Institutes of Health, PFCs have adverse impacts on
human health. The Navy and Air Force have begun remediation
of PFC contamination. The Secretary of Defense is encouraged
to require all Services to establish procedures for prompt
and cost-effective remediation. In addition, the Secretary of
Defense is directed to submit a report to the congressional
defense committees not later than 120 days after the
enactment of this Act that assesses the number of formerly
used and current military installations where AFFF was or is
currently used and the impact of PFC contaminated drinking
water on surrounding communities. The report should also
include plans for prompt community notification of such
contamination, when the contamination was detected, and the
procedures for timely remediation.
OPERATION AND MAINTENANCE, ARMY
The agreement on items addressed by either the House or the
Senate is as follows:
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OPERATION AND MAINTENANCE, NAVY
The agreement on items addressed by either the House or the
Senate is as follows:
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READINESS COST ASSESSMENT TOOL
The recently published Naval Aviation Vision 2016-2025
offered strong support for the Readiness Cost Assessment
Tool, which is the first phase of the Proficiency
Optimization initiative. In lieu of the reporting requirement
in House Report 114-577, the Secretary of the Navy is
directed to submit a report to the congressional defense
committees not later than 60 days after the enactment of this
Act that describes the Naval Aviation Enterprise Proficiency
Optimization initiative, the current funding profile, and the
potential to accelerate or streamline the program strategy.
OPERATION AND MAINTENANCE, MARINE CORPS
The agreement on items addressed by either the House or the
Senate is as follows:
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OPERATION AND MAINTENANCE, AIR FORCE
The agreement on items addressed by either the House or the
Senate is as follows:
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[GRAPHIC] [TIFF OMITTED] TH08MR17.046
[[Page H1704]]
OPERATION AND MAINTENANCE, DEFENSE-WIDE
The agreement on items addressed by either the House or the
Senate is as follows:
[[Page H1705]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.047
[[Page H1706]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.048
[[Page H1707]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.049
[[Page H1708]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.050
[[Page H1709]]
BACKGROUND INVESTIGATION SYSTEMS
The agreement fully funds the budget request for the
Department of Defense to develop, replace, and sustain
federal government security and suitability background
investigation technology systems. In lieu of the language
included under this heading in House Report 114-577, the
Director of the Defense Information Systems Agency is
directed to submit a progress report to the congressional
defense committees not later than 90 days after the enactment
of this Act, and semiannually thereafter, that includes the
information technology development and implementation plan,
associated timeline with milestones, costs for each phase of
implementation, anticipated outyear costs, personnel
structure, and any other significant issues related to the
establishment and sustainment of a new federal government
background information technology system housed within the
Department of Defense.
OPERATION AND MAINTENANCE, ARMY RESERVE
The agreement on items addressed by either the House or the
Senate is as follows:
[[Page H1710]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.051
[[Page H1711]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.052
[[Page H1712]]
OPERATION AND MAINTENANCE, NAVY RESERVE
The agreement on items addressed by either the House or the
Senate is as follows:
[[Page H1713]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.053
[[Page H1714]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.054
[[Page H1715]]
OPERATION AND MAINTENANCE, MARINE CORPS RESERVE
The agreement on items addressed by either the House or the
Senate is as follows:
[[Page H1716]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.055
[[Page H1717]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.056
[[Page H1718]]
OPERATION AND MAINTENANCE, AIR FORCE RESERVE
The agreement on items addressed by either the House or
the Senate is as follows:
[[Page H1719]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.057
[[Page H1720]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.058
[[Page H1721]]
OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD
The agreement on items addressed by either the House or
the Senate is as follows:
[[Page H1722]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.059
[[Page H1723]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.060
[[Page H1724]]
NATIONAL GUARD STATE PARTNERSHIP PROGRAMLANGUAGE ENHANCEMENT PROGRAM
For more than twenty years, the National Guard State
Partnership Program (SPP) has been successfully building
unique security relationships with more than 75 nations
around the globe. To build on the success of this program,
the agreement recommends that the Chief of the National Guard
Bureau encourage the enhancement of individual language
skills and prioritize language school appointments of
soldiers and airmen within the program to help further
strengthen these international relationships. Additionally,
servicemembers of the National Guard that participate in, and
are from states with units assigned to state partnership
activities should strive to attend language schools, both
defense-sponsored and otherwise; obtain computer-assisted
language-learning software; and use international visits
through the SPP as a means of language skill immersion.
OPERATION AND MAINTENANCE, AIR NATIONAL GUARD
The agreement on items addressed by either the House or
the Senate is as follows:
[[Page H1725]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.061
[[Page H1726]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.062
[[Page H1727]]
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
The agreement provides $14,194,000 for the United States
Court of Appeals for the Armed Forces.
ENVIRONMENTAL RESTORATION, ARMY
The agreement provides $170,167,000 for Environmental
Restoration, Army.
ENVIRONMENTAL RESTORATION, NAVY
The agreement provides $289,262,000, an increase of
$7,500,000 above the budget request, for Environmental
Restoration, Navy.
ENVIRONMENTAL RESTORATION, AIR FORCE
The agreement provides $371,521,000 for Environmental
Restoration, Air Force.
ENVIRONMENTAL RESTORATION, DEFENSE-WIDE
The agreement provides $9,009,000 for Environmental
Restoration, Defense-Wide.
ENVIRONMENTAL RESTORATION, FORMERLY USED DEFENSE SITES
The agreement provides $222,084,000, an increase of
$25,000,000 above the budget request, for Environmental
Restoration, Formerly Used Defense Sites.
OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID
The agreement provides $123,125,000, an increase of
$18,000,000 above the budget request, for Overseas
Humanitarian, Disaster, and Civic Aid. Specifically,
$3,000,000 is a general increase and $15,000,000 is for South
China Sea Regional Engagement.
COOPERATIVE THREAT REDUCTION ACCOUNT
The agreement provides $325,604,000 for the Cooperative
Threat Reduction Account, as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
------------------------------------------------------------------------
Budget request
Final bill
------------------------------------------------------------------------
Strategic Offensive Arms Elimination.... 11,791 11,791
Chemical Weapons Destruction............ 2,942 2,942
Biological Threat Reduction............. 213,984 213,984
Threat Reduction Engagement............. 2,000 2,000
Other Assessments/Admin Costs........... 27,279 27,279
Global Nuclear Security................. 16,899 16,899
WMD Proliferation Prevention............ 50,709 50,709
-------------------------------
TOTAL, COOPERATIVE THREAT REDUCTION 325,604 325,604
ACCOUNT............................
------------------------------------------------------------------------
TITLE III--PROCUREMENT
The agreement provides $108,426,827,000 in Title III,
Procurement. The agreement on items addressed by either the
House or the Senate is as follows:
[[Page H1728]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.063
[[Page H1729]]
REPROGRAMMING GUIDANCE FOR ACQUISITION ACCOUNTS
The Secretary of Defense is directed to continue to follow
the reprogramming guidance as specified in the report
accompanying the House version of the Department of Defense
Appropriations bill for Fiscal Year 2008 (House Report 110-
279). Specifically, the dollar threshold for reprogramming
funds shall remain at $20,000,000 for procurement and
$10,000,000 for research, development, test and evaluation.
Also, the Under Secretary of Defense (Comptroller) is
directed to continue to provide the congressional defense
committees quarterly, spreadsheet-based DD Form 1416 reports
for Service and defense-wide accounts in titles III and IV of
this Act. Reports for titles III and IV shall comply with the
guidance specified in the explanatory statement accompanying
the Department of Defense Appropriations Act, 2006. The
Department shall continue to follow the limitation that prior
approval reprogrammings are set at either the specified
dollar threshold or 20 percent of the procurement or
research, development, test and evaluation line, whichever is
less. These thresholds are cumulative from the base for
reprogramming value as modified by any adjustments.
Therefore, if the combined value of transfers into or out of
a procurement (P-1) or research, development, test and
evaluation (R-1) line exceeds the identified threshold, the
Secretary of Defense must submit a prior approval
reprogramming to the congressional defense committees. In
addition, guidelines on the application of prior approval
reprogramming procedures for congressional special interest
items are established elsewhere in this statement.
FUNDING INCREASES
The funding increases outlined in these tables shall be
provided only for the specific purposes indicated in the
tables.
PROCUREMENT SPECIAL INTEREST ITEMS
Items for which additional funds have been provided as
shown in the project level tables or in paragraphs using the
phrase ``only for'' or ``only to'' in the explanatory
statement are congressional special interest items for the
purpose of the Base for Reprogramming (DD Form 1414). Each of
these items must be carried on the DD Form 1414 at the stated
amount as specifically addressed in the explanatory
statement.
JOINT STRIKE FIGHTER BUDGET JUSTIFICATIONS AND CONTRACTING
Throughout the fiscal year 2017 budget review process, the
Joint Strike Fighter (JSF) Joint Program Office provided
insufficient justification and incomplete information in an
untimely manner. It is imperative that requested information
is received promptly for proper congressional oversight of
this major defense acquisition program.
It is understood that the Secretary of Defense is reviewing
potential alternative management structures for the JSF
program as directed by the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328). This review will
provide an opportunity to improve communication between the
JSF Program Executive Officer (PEO), the Services, and the
congressional defense committees to ensure the program's
funding requirements are fully understood, communicated, and
justified.
Additionally, there is concern that the number of F-35s
enacted in annual Department of Defense Appropriations Acts
are not being placed on contract by the JSF PEO in a timely
manner. Four F-35s included in the Department of Defense
Appropriations Act, 2015 and 13 F-35s included in the
Department of Defense Appropriations Act, 2016 were not part
of their respective low rate initial production (LRIP)
contracts due to the PEO's contracting strategy.
Specifically, only four F-35Cs were included on LRIPs 9 and
10, rather than the ten F-35Cs enacted in the Department of
Defense Appropriations Acts, 2015 and 2016, impeding
production efficiencies. The agreement directs the JSF PEO to
use a contracting approach that would award all aircraft
included in each Department of Defense Appropriations Act on
the respective production contract for that fiscal year. The
agreement includes funding for 74 F-35 aircraft. The JSF PEO
is directed to brief the congressional defense committees not
later than 45 days after the enactment of this Act on the
contracting strategy for these aircraft.
AIRCRAFT PROCUREMENT, ARMY
The agreement on items addressed by either the House or the
Senate is as follows:
[[Page H1730]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.064
[[Page H1731]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.065
[[Page H1732]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.066
[[Page H1733]]
UH-72 LAKOTA LIGHT UTILITY HELICOPTER
The agreement provides $187,000,000 to procure 28 UH-72
Lakota Light Utility Helicopters for the Army in support of
ongoing mission requirements at the Army Aviation Center of
Excellence at Fort Rucker, the Combat Training Centers, and
the Army Test and Evaluation Center. The agreement notes that
this investment is consistent with previous appropriations
and was included in the Army's unfunded priority list. The
Secretary of the Army is encouraged to request funding for
UH-72 Lakota Light Utility Helicopters to address ongoing
mission requirements in future budget submissions.
MISSILE PROCUREMENT, ARMY
The agreement on items addressed by either the House or the
Senate is as follows:
[[Page H1734]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.067
[[Page H1735]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.068
[[Page H1736]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.069
[[Page H1737]]
PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES, ARMY
The agreement on items addressed by either the House or the
Senate is as follows:
[[Page H1738]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.070
[[Page H1739]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.071
[[Page H1740]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.072
[[Page H1741]]
PROCUREMENT OF AMMUNITION, ARMY
The agreement on items addressed by either the House or the
Senate is as follows:
[[Page H1742]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.073
[[Page H1743]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.074
[[Page H1744]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.075
[[Page H1745]]
OTHER PROCUREMENT, ARMY
The agreement on items addressed by either the House or the
Senate is as follows:
[[Page H1746]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.076
[[Page H1747]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.077
[[Page H1748]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.078
[[Page H1749]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.079
[[Page H1750]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.080
[[Page H1751]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.081
[[Page H1752]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.082
[[Page H1753]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.083
[[Page H1754]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.084
[[Page H1755]]
AIRCRAFT PROCUREMENT, NAVY
The agreement on items addressed by either the House or the
Senate is as follows:
[[Page H1756]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.085
[[Page H1757]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.086
[[Page H1758]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.087
[[Page H1759]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.088
[[Page H1760]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.089
[[Page H1761]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.090
[[Page H1762]]
WEAPONS PROCUREMENT, NAVY
The agreement on items addressed by either the House or the
Senate is as follows:
[[Page H1763]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.091
[[Page H1764]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.092
[[Page H1765]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.093
[[Page H1766]]
PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS
The agreement on items addressed by either the House or the
Senate is as follows:
[[Page H1767]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.094
[[Page H1768]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.095
[[Page H1769]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.096
[[Page H1770]]
SHIPBUILDING AND CONVERSION, NAVY
The agreement on items addressed by either the House or the
Senate is as follows:
[[Page H1771]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.097
[[Page H1772]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.098
[[Page H1773]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.099
[[Page H1774]]
ddg-51 flight IIa destroyers
The Navy currently is procuring DDG-51 Flight IIA
destroyers under a fiscal year 2013 to fiscal year 2017
multi-year procurement shipbuilding contract awarded in June
2013, as authorized by section 8010 of Public Law 113-6.
Additionally, the Navy is addressing increasing ballistic and
cruise missile threats through the development and
acquisition of an Air and Missile Defense Radar, which is
planned for integration on the DDG-51 class of ships through
an engineering change proposal, resulting in a new Flight III
configuration. However, a recent Government Accountability
Office report (GAO 16-613) details concerns regarding a lack
of sufficient acquisition and limited detail design knowledge
to support the Navy's current Flight III procurement
strategy. Further concerns remain regarding the full costs of
DDG-51 Flight III destroyers. Therefore, the Secretary of the
Navy should award and complete the additional DDG-51 ship,
fully funded in fiscal years 2016 and 2017, as an additional
DDG-51 Flight IIA ship. The Secretary of the Navy is directed
to expeditiously award this ship construction contract.
polar icebreaker recapitalization project
The Navy and the Coast Guard are collaborating to refine
requirements and an acquisition strategy for procurement of
an affordable polar icebreaker. This collaboration continues
to refine program costs and requirements in an effort to
award a detailed design and construction contract for the
lead ship in fiscal year 2019. The agreement supports this
effort and provides $150,000,000 in advance procurement
funding to buy long-lead time material for the program's
initial ship. The Coast Guard is encouraged to budget for
follow-on efforts.
OTHER PROCUREMENT, NAVY
The agreement on items addressed by either the House or the
Senate is as follows:
[[Page H1775]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.100
[[Page H1776]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.101
[[Page H1777]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.102
[[Page H1778]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.103
[[Page H1779]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.104
[[Page H1780]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.105
[[Page H1781]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.106
[[Page H1782]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.107
[[Page H1783]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.108
[[Page H1784]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.109
[[Page H1785]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.110
[[Page H1786]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.111
[[Page H1787]]
PROCUREMENT, MARINE CORPS
The agreement on items addressed by either the House or the
Senate is as follows:
[[Page H1788]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.112
[[Page H1789]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.113
[[Page H1790]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.114
[[Page H1791]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.115
[[Page H1792]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.116
[[Page H1793]]
AIRCRAFT PROCUREMENT, AIR FORCE
The agreement on items addressed by either the House or the
Senate is as follows:
[[Page H1794]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.117
[[Page H1795]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.118
[[Page H1796]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.119
[[Page H1797]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.120
[[Page H1798]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.121
[[Page H1799]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.122
[[Page H1800]]
MISSILE PROCUREMENT, AIR FORCE
The agreement on items addressed by either the House or the
Senate is as follows:
[[Page H1801]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.123
[[Page H1802]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.124
[[Page H1803]]
SPACE PROCUREMENT, AIR FORCE
The agreement on items addressed by either the House or the
Senate is as follows:
[[Page H1804]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.125
[[Page H1805]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.126
[[Page H1806]]
PROCUREMENT OF AMMUNITION, AIR FORCE
The agreement on items addressed by either the House or the
Senate is as follows:
[[Page H1807]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.127
[[Page H1808]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.128
[[Page H1809]]
OTHER PROCUREMENT, AIR FORCE
The agreement on items addressed by either the House or the
Senate is as follows:
[[Page H1810]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.129
[[Page H1811]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.130
[[Page H1812]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.131
[[Page H1813]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.132
[[Page H1814]]
PROCUREMENT, DEFENSE-WIDE
The agreement on items addressed by either the House or the
Senate is as follows:
[[Page H1815]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.133
[[Page H1816]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.134
[[Page H1817]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.135
[[Page H1818]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.136
[[Page H1819]]
DEFENSE PRODUCTION ACT PURCHASES
The agreement on items addressed by either the House or the
Senate is as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
------------------------------------------------------------------------
Budget request Final bill
------------------------------------------------------------------------
DEFENSE PRODUCTION ACT PURCHASES.. 44,065 64,065
Program increase.............. ................. 20,000
-------------------------------------
TOTAL, DEFENSE PRODUCTION ACT 44,065 64,065
PURCHASES....................
------------------------------------------------------------------------
TITLE IV--RESEARCH, DEVELOPMENT, TEST AND EVALUATION
The agreement provides $72,301,587,000 in Title IV,
Research, Development, Test and Evaluation. The agreement on
items addressed by either the House or the Senate is as
follows:
[[Page H1820]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.137
[[Page H1821]]
REPROGRAMMING GUIDANCE FOR ACQUISITION ACCOUNTS
The Secretary of Defense is directed to continue to follow
the reprogramming guidance as specified in the report
accompanying the House version of the Department of Defense
Appropriations bill for Fiscal Year 2008 (House Report 110-
279). Specifically, the dollar threshold for reprogramming
funds shall remain at $20,000,000 for procurement and
$10,000,000 for research, development, test and evaluation.
Also, the Under Secretary of Defense (Comptroller) is
directed to continue to provide the congressional defense
committees quarterly, spreadsheet-based DD Form 1416 reports
for Service and defense-wide accounts in titles III and IV of
this Act. Reports for titles III and IV shall comply with the
guidance specified in the explanatory statement accompanying
the Department of Defense Appropriations Act, 2006. The
Department shall continue to follow the limitation that prior
approval reprogrammings are set at either the specified
dollar threshold or 20 percent of the procurement or
research, development, test and evaluation line, whichever is
less. These thresholds are cumulative from the base for
reprogramming value as modified by any adjustments.
Therefore, if the combined value of transfers into or out of
a procurement (P-1) or research, development, test and
evaluation (R-1) line exceeds the identified threshold, the
Secretary of Defense must submit a prior approval
reprogramming to the congressional defense committees. In
addition, guidelines on the application of prior approval
reprogramming procedures for congressional special interest
items are established elsewhere in this statement.
FUNDING INCREASES
The funding increases outlined in these tables shall be
provided only for the specific purposes indicated in the
tables.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION SPECIAL INTEREST ITEMS
Items for which additional funds have been provided as
shown in the project level tables or in paragraphs using the
phrase ``only for'' or ``only to'' in the explanatory
statement are congressional special interest items for the
purpose of the Base for Reprogramming (DD Form 1414). Each of
these items must be carried on the DD Form 1414 at the stated
amount as specifically addressed in the explanatory
statement.
JOINT STRIKE FIGHTER FOLLOW-ON MODERNIZATION
The Joint Strike Fighter Program Executive Officer is
directed to comply with the reporting requirement included
under the heading ``Joint Strike Fighter Follow-on
Modernization'' in Senate Report 114-263. The Secretary of
Defense is not required to comply with the reporting
requirement included under the heading ``Joint Strike Fighter
Follow-on Development'' in House Report 114-577.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY
The agreement on items addressed by either the House or the
Senate is as follows:
[[Page H1822]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.138
[[Page H1823]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.139
[[Page H1824]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.140
[[Page H1825]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.141
[[Page H1826]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.142
[[Page H1827]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.143
[[Page H1828]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.144
[[Page H1829]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.145
[[Page H1830]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.146
[[Page H1831]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.147
[[Page H1832]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.148
[[Page H1833]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.149
[[Page H1834]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.150
[[Page H1835]]
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY
The agreement on items addressed by either the House or the
Senate is as follows:
[[Page H1836]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.151
[[Page H1837]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.152
[[Page H1838]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.153
[[Page H1839]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.154
[[Page H1840]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.155
[[Page H1841]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.156
[[Page H1842]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.157
[[Page H1843]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.158
[[Page H1844]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.159
[[Page H1845]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.160
[[Page H1846]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.161
[[Page H1847]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.162
[[Page H1848]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.163
[[Page H1849]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.164
[[Page H1850]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.165
[[Page H1851]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.166
[[Page H1852]]
STANDARD MISSILE-6
The agreement includes $120,561,000, as requested, for
Standard Missile-6 (SM-6) improvements. It is understood that
the Navy's top priority for the SM-6 research, development,
test and evaluation program in fiscal year 2017 is the
completion of program of record flight tests and achieving
full operational capability for the SM-6 Block I. The
Secretary of the Navy is encouraged to prioritize funding
allocations accordingly.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE
The agreement on items addressed by either the House or the
Senate is as follows:
[[Page H1853]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.167
[[Page H1854]]
[GRAPHIC] [TIFF OMITTED] TH08MR17.168
[[Page H1855]]
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LONG RANGE STRIKE BOMBER
The Inspector General of the Department of Defense is
directed to conduct an evaluation and submit a report as
described under this heading in Senate Report 114-263 not
later than 180 days after the enactment of this Act. In
addition, the agreement designates the long range strike
bomber program as a congressional special interest item for
purposes of transfer of funds and prior approval
reprogramming procedures.
JOINT SURVEILLANCE TARGET ATTACK RADAR SYSTEM RECAPITALIZATION
The agreement includes a provision that prohibits the
obligation or expenditure of funds provided for the Joint
Surveillance Target Attack Radar System (JSTARS)
recapitalization program on pre-milestone B activities after
March 31, 2018. The agreement fully funds the request of
$128,019,000 for the program, of which only $68,000,000 is
required to conclude sufficient progress on radar risk
reduction activities. The Secretary of the Air Force should
apply the remaining funds to other risk reduction activities
and the source selection process to accelerate entry into the
engineering and manufacturing development (EMD) phase of the
program.
The Secretary of the Air Force and the Under Secretary of
Defense (Acquisition, Technology, and Logistics) are directed
to provide a briefing to the congressional defense committees
not later than 90 days after the enactment of this Act on a
compressed acquisition schedule and funding profile for the
JSTARS recapitalization program to achieve initial
operational capability and full operational capability as
early as possible. The briefing shall detail the schedule for
the EMD phase including source selection and contract award
for EMD.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE
The agreement on items addressed by either the House or the
Senate is as follows:
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RAPID PROTOTYPING PROGRAM
The agreement includes $100,000,000 for a rapid prototyping
program. The Secretary of Defense is directed to brief the
House and Senate Appropriations Committees on a plan for
execution 20 days prior to transfer or obligation of any
funds for this program.
OPERATIONAL TEST AND EVALUATION, DEFENSE
The agreement on items addressed by either the House or the
Senate is as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
------------------------------------------------------------------------
Budget request Final bill
------------------------------------------------------------------------
OPERATIONAL TEST AND EVALUATION... 78,047 78,047
LIVE FIRE TESTING................. 48,316 48,316
OPERATIONAL TEST ACTIVITIES AND 52,631 60,631
ANALYSIS.........................
Program increase--threat ................. 8,000
resource analysis............
-------------------------------------
TOTAL, OPERATIONAL TEST AND 178,994 186,994
EVALUATION, DEFENSE..............
------------------------------------------------------------------------
TITLE V--REVOLVING AND MANAGEMENT FUNDS
The agreement provides $1,511,613,000 in Title V, Revolving
and Management Funds. The agreement on items addressed by
either the House or the Senate is as follows:
[[Page H1883]]
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[[Page H1884]]
DEFENSE WORKING CAPITAL FUNDS
The agreement on items addressed by either the House or the
Senate is as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
------------------------------------------------------------------------
Budget request Final bill
------------------------------------------------------------------------
WORKING CAPITAL FUND, ARMY........ 56,469 196,469
Program increase--arsenal ................. 140,000
initiative...................
WORKING CAPITAL FUND, AIR FORCE... 63,967 63,967
WORKING CAPITAL FUND, DEFENSE-WIDE 37,132 37,132
DEFENSE WORKING CAPITAL FUND, DECA 1,214,045 1,214,045
-------------------------------------
TOTAL, DEFENSE WORKING CAPITAL 1,371,613 1,511,613
FUNDS........................
------------------------------------------------------------------------
TITLE VI--OTHER DEPARTMENT OF DEFENSE PROGRAMS
The agreement provides $35,615,831,000 in Title VI, Other
Department of Defense Programs. The agreement on items
addressed by either the House or the Senate is as follows:
[[Page H1885]]
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[[Page H1886]]
DEFENSE HEALTH PROGRAM
The agreement on items addressed by either the House or the
Senate is as follows:
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REPROGRAMMING GUIDANCE FOR THE DEFENSE HEALTH PROGRAM
Concerns remain regarding the transfer of funds from the
In-House Care budget sub-activity to pay for contractor-
provided medical care. To limit such transfers and improve
oversight within the Defense Health Program operation and
maintenance account, the agreement includes a provision which
caps the funds available for Private Sector Care under the
TRICARE program subject to prior approval reprogramming
procedures. The provision and accompanying explanatory
statement language should not be interpreted as limiting the
amount of funds that may be transferred to the In-House Care
budget sub-activity from other budget sub-activities within
the Defense Health Program. In addition, funding for the In-
House Care budget sub-activity continues to be designated as
a congressional special interest item. Any transfer of funds
from the In-House Care budget sub-activity into the Private
Sector Care budget sub-activity or any other budget sub-
activity requires the Secretary of Defense to follow prior
approval reprogramming procedures for operation and
maintenance funds.
The Secretary of Defense is directed to provide written
notification to the congressional defense committees of
cumulative transfers in excess of $10,000,000 out of the
Private Sector Care budget sub-activity not later than
fifteen days after such a transfer. Furthermore, the
Secretary of Defense is directed to provide a report to the
congressional defense committees not later than 30 days after
the enactment of this Act that delineates transfers of funds
in excess of $10,000,000, and the dates any transfers
occurred, from the Private Sector Care budget sub-activity to
any other budget sub-activity groups for fiscal year 2016.
The Assistant Secretary of Defense (Health Affairs) is
directed to provide quarterly reports to the congressional
defense committees on budget execution data for all of the
Defense Health Program budget activities and to adequately
reflect changes to the budget activities requested by the
Services in future budget submissions.
PEER-REVIEWED CANCER RESEARCH PROGRAM
The agreement provides $60,000,000 for the peer-reviewed
cancer research program to research cancers not addressed in
the breast, prostate, ovarian, kidney, and lung cancer
research programs.
The funds provided in the peer-reviewed cancer research
program are directed to be used to conduct research in the
following areas: bladder cancer, brain cancer, colorectal
cancer, immunotherapy, listeria-based regimens for cancer,
liver cancer, lymphoma, melanoma and other skin cancers,
mesothelioma, neuroblastoma, pancreatic cancer, pediatric
brain tumors, stomach cancer, and cancer in children,
adolescents, and young adults.
The reports directed under this heading in House Report
114-577 and Senate Report 114-263 are still required.
PEER-REVIEWED MEDICAL RESEARCH PROGRAM
The agreement provides $300,000,000 for a peer-reviewed
medical research program. The Secretary of Defense, in
conjunction with the Service Surgeons General, is directed to
select medical research projects of clear scientific merit
and direct relevance to military health. Research areas
considered under this funding are restricted to the following
areas: acute lung injury, antimicrobial resistance,
arthritis, burn pit exposure, chronic migraine and post-
traumatic headache, congenital heart disease, constrictive
bronchiolitis, diabetes, diarrheal diseases, dystonia, early
trauma thermal regulation, eating disorders, emerging
infectious diseases, epidermolysis bullosa, focal segmental
glomerulosclerosis, Fragile X, Guillain-Barre syndrome,
hepatitis B and C, hereditary angioedema, hydrocephalus,
immunomonitoring of intestinal transplants, inflammatory
bowel diseases, influenza, integrative medicine, interstitial
cystitis, malaria, metals toxicology, mitochondrial disease,
musculoskeletal disorders, nanomaterials for bone
regeneration, non-opioid pain management, pancreatitis,
pathogen-inactivated dried cryoprecipitate, polycystic kidney
disease, post-traumatic osteoarthritis, pulmonary fibrosis,
respiratory health, Rett syndrome, rheumatoid arthritis,
scleroderma, sleep disorders, spinal muscular atrophy,
sustained-release drug delivery, tinnitus, tuberculosis,
vaccine development for infectious disease, vascular
malformations, and women's heart disease. The additional
funding provided under the peer-reviewed medical research
program shall be devoted only to the purposes listed above.
ELECTRONIC HEALTH RECORD SYSTEM
Concerns remain with the progress being made by the
Departments of Defense and Veterans Affairs to fully develop,
procure, and deploy an interoperable electronic health record
solution. The two systems must be completely and meaningfully
interoperable, and the Under Secretary of Defense
(Acquisition, Technology, and Logistics) is encouraged to
focus on the overall goal of seamless compatibility between
the two Departments' electronic health record systems.
For the necessary oversight of this important program, the
Program Executive Officer (PEO) for the Defense Healthcare
Management Systems (DHMS) is directed to provide quarterly
reports to the congressional defense committees and the
Government Accountability Office on the cost and schedule of
the program, to include milestones, knowledge points, and
acquisition timelines, as well as quarterly obligation
reports. These reports should also include any changes to the
deployment timeline, including benchmarks, for full operating
capability; any refinements to the cost estimate for full
operating capability and the total lifecycle cost of the
program; an assurance that the acquisition strategy will
comply with the acquisition rules, requirements, guidelines,
and systems acquisition management practices of the federal
government; the status of the effort to achieve
interoperability between the electronic health record systems
of the Departments of Defense and Veterans Affairs, including
the scope, cost, schedule, mapping to health data standards,
and performance benchmarks of the interoperable record; and
the progress toward developing, implementing, and fielding
the interoperable electronic health record throughout the two
Departments' medical facilities.
The PEO DHMS is directed to continue briefing the House and
Senate Appropriations Committees on a quarterly basis,
coinciding with the report submission. Given that full
deployment of the new electronic health record is not
scheduled until fiscal year 2022, the Department of Defense
is expected to continue working on interim modifications and
enhancements to the current system to improve
interoperability in the near-term. Additionally, the PEO DHMS
is directed to provide written notification to the House and
Senate Appropriations Committees prior to obligating any
contract, or combination of contracts, for electronic health
record systems in excess of $5,000,000.
Additionally, the Director of the Interagency Program
Office is directed to continue to provide quarterly briefings
on standards development, how those standards are being
incorporated by the two Departments, and the progress of
interoperability to the House and Senate Appropriations
Subcommittees for Defense and Military Construction, Veterans
Affairs, and Related Agencies. In an effort to ensure
government-wide accountability, the PEO DHMS, in coordination
with the appropriate personnel of the Department of Veterans
Affairs, is directed to provide the Federal Chief Information
Officer of the United States with monthly updates on progress
made by the two Departments to reach interoperability and
modernize their respective electronic health records.
CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE
The agreement on items addressed by either the House or the
Senate is as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
------------------------------------------------------------------------
Budget request Final bill
------------------------------------------------------------------------
OPERATION AND MAINTENANCE......... 147,282 119,985
Recovered chemical warfare ................. -10,997
materiel project excess to
need.........................
Recovered chemical warfare ................. -16,300
materiel project Panama
operations ahead of need.....
PROCUREMENT....................... 15,132 15,132
RESEARCH, DEVELOPMENT, TEST AND 388,609 388,609
EVALUATION.......................
-------------------------------------
TOTAL, CHEMICAL AGENTS AND 551,023 523,726
MUNITIONS DESTRUCTION,
DEFENSE..................
------------------------------------------------------------------------
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE
The agreement on items addressed by either the House or the
Senate is as follows:
[[Page H1891]]
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
------------------------------------------------------------------------
Budget request Final bill
------------------------------------------------------------------------
COUNTER-NARCOTICS SUPPORT......... 730,087 626,087
Transfer to National Guard ................. -99,000
counter-drug program.........
Transfer to National Guard ................. -5,000
counter-drug schools.........
DRUG DEMAND REDUCTION PROGRAM..... 114,713 118,713
Young Marines--drug demand ................. 4,000
reduction....................
NATIONAL GUARD COUNTER-DRUG 0 234,000
PROGRAM..........................
Transfer from counter- ................. 99,000
narcotics support............
Program increase.............. ................. 135,000
NATIONAL GUARD COUNTER-DRUG 0 20,000
SCHOOLS..........................
Transfer from counter- ................. 5,000
narcotics support............
Program increase.............. ................. 15,000
-------------------------------------
TOTAL, DRUG INTERDICTION 844,800 998,800
AND COUNTER-DRUG
ACTIVITIES, DEFENSE......
------------------------------------------------------------------------
JOINT URGENT OPERATIONAL NEEDS FUND
The agreement does not recommend funding for the Joint
Urgent Operational Needs Fund.
OFFICE OF THE INSPECTOR GENERAL
The agreement on items addressed by either the House or the
Senate is as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
------------------------------------------------------------------------
Budget request Final bill
------------------------------------------------------------------------
OPERATION AND MAINTENANCE......... 318,882 308,882
Overestimation of civilian -10,000
full-time equivalents........
RESEARCH, DEVELOPMENT, TEST AND 3,153 3,153
EVALUATION.......................
-------------------------------------
TOTAL, OFFICE OF THE INSPECTOR 322,035 312,035
GENERAL......................
------------------------------------------------------------------------
OFFICE OF INSPECTOR GENERAL QUARTERLY END STRENGTH REPORTS
The Department of Defense Inspector General is directed to
provide quarterly reports to the congressional defense
committees on civilian personnel end strength not later than
15 days after the end of each fiscal quarter.
TITLE VII--RELATED AGENCIES
The agreement provides $1,029,596,000 in Title VII, Related
Agencies. The agreement on items addressed by either the
House or the Senate is as follows:
[[Page H1892]]
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[[Page H1893]]
CLASSIFIED ANNEX
Adjustments to classified programs are addressed in a
separate, detailed, and comprehensive classified annex. The
Intelligence Community, the Department of Defense, and other
organizations are expected to fully comply with the
recommendations and directions in the classified annex
accompanying the Department of Defense Appropriations Act,
2017.
CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM FUND
The agreement provides $514,000,000 for the Central
Intelligence Agency Retirement and Disability Fund.
INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT
The agreement provides $515,596,000, a decrease of
$18,000,000 below the budget request, for the Intelligence
Community Management Account.
TITLE VIII--GENERAL PROVISIONS
The agreement incorporates general provisions from the
House and Senate versions of the bill which were not amended.
Those general provisions that were addressed in the agreement
are as follows:
The agreement retains a provision proposed by the House
which provides general transfer authority not to exceed
$4,500,000,000. The Senate bill contained a similar
provision.
The agreement retains a provision proposed by the House
which identifies tables as Explanation of Project Level
Adjustments. The Senate bill contained a similar provision.
The agreement modifies a provision proposed by the House
which provides for the establishment of a baseline for the
application of reprogramming and transfer authorities for the
current fiscal year. The Senate bill contained a similar
provision.
The agreement retains a provision proposed by the Senate
which places restrictions on multi-year procurement
contracts. The House bill contained a similar provision.
The agreement retains a provision proposed by the House
regarding management of civilian personnel of the Department
of Defense. The Senate bill contained no similar provision.
The agreement retains a provision proposed by the Senate
which restricts the use of funds to support any
nonappropriated funds activity that procures malt beverages
and wine. The House bill contained no similar provision.
The agreement retains a provision proposed by the Senate
which provides for the transfer of funds for Mentor-Protege
Programs. The House bill contained a similar provision.
The agreement retains a provision proposed by the House
regarding limitations on the use of funds to purchase anchor
and mooring chains. The Senate bill contained no similar
provision.
The agreement retains a provision proposed by the Senate
which makes funds available to maintain competitive rates at
the arsenals. The House bill contained no similar provision.
The agreement retains a provision proposed by the House
which prohibits the use of funds to demilitarize or dispose
of certain small firearms. The Senate bill contained a
similar provision.
The agreement retains a provision proposed by the House
regarding incentive payments authorized by the Indian
Financing Act of 1974. The Senate bill contained a similar
provision.
The agreement retains a provision proposed by the House
which provides funding from various appropriations for the
Civil Air Patrol Corporation. The Senate bill contained a
similar provision.
The agreement modifies a provision proposed by the House
which prohibits funding from being used to establish new
Department of Defense Federally Funded Research and
Development Centers with certain limitations. The Senate bill
contained a similar provision.
The agreement retains a provision proposed by the House
which prohibits the use of funds to disestablish, close,
downgrade from host to extension center, or place a Senior
Reserve Officers' Training Corps program on probation. The
Senate bill contained no similar provision.
The agreement retains a provision proposed by the Senate
which makes permanent the authority for the Defense
Intelligence Agency to use funds provided in this Act for the
provisioning of information systems. The House bill contained
a similar provision.
The agreement retains a provision proposed by the House
regarding mitigation of environmental impacts on Indian lands
resulting from Department of Defense activities. The Senate
bill contained a similar provision.
The agreement retains a provision proposed by the Senate
which places restrictions on the use of funds to consolidate
or relocate any element of the Air Force Rapid Engineer
Deployable Heavy Operational Repair Squadron Engineer. The
House bill contained no similar provision.
(RESCISSIONS)
The agreement modifies a provision proposed by the House
recommending rescissions and provides for the rescission of
$2,002,622,000. The Senate bill contained a similar
provision. The rescissions agreed to are:
2015 Appropriations:
Aircraft Procurement, Army:
Network and mission plan...................... $15,000,000
Other Procurement, Army:
Family of heavy tactical vehicles............. 13,210,000
Army CA/MISO GPF equipment.................... 4,585,000
Information systems........................... 5,250,000
Aircraft Procurement, Navy:
P-8A Poseidon................................. 50,000,000
EA-18G........................................ 38,000,000
Weapons Procurement, Navy:
Cruiser modernization weapons................. 4,000,000
Tomahawk...................................... 5,000,000
HARM mods..................................... 2,933,000
Procurement of Ammunition, Navy and Marine Corps
LRLAP 6 inch long range attack projectile..... 43,600,000
Aircraft Procurement, Air Force:
HC-130J....................................... 18,000,000
MC-130J....................................... 12,000,000
MQ-1 mods..................................... 2,000,000
MQ-9 depot activation......................... 25,000,000
Other Procurement, Air Force:
Classified programs........................... 25,500,000
2016 Appropriations:
Aircraft Procurement, Army:
UH-60 Blackhawk M model (MYP)--AP............. 34,594,000
Procurement of Ammunition, Army:
Demolition munitions, all types............... 5,000,000
Other Procurement, Army:
Joint light tactical vehicle.................. 6,100,000
Generators and associated equipment........... 53,000,000
Information systems........................... 25,000,000
Aircraft Procurement, Navy:
F-35 CV....................................... 6,755,000
Weapons Procurement, Navy:
Sidewinder.................................... 5,307,000
Procurement of Ammunition, Navy and Marine Corps:
155MM long range land attack projectile....... 2,100,000
Non lethals................................... 3,868,000
81mm, all types............................... 1,000,000
Shipbuilding and Conversion, Navy:
DDG-51........................................ 50,000,000
LPD-17........................................ 14,906,000
[[Page H1894]]
LX (R) (AP-CY)................................ 236,000,000
Other Procurement, Navy:
AQS-20A....................................... 10,810,000
Remote minehunting system..................... 44,247,000
Surface combatant HM&E........................ 1,317,000
Aircraft Procurement, Air Force:
F-35--AP...................................... 47,000,000
C-130J--AP.................................... 20,000,000
HC-130J....................................... 12,500,000
KC-46A tanker................................. 197,700,000
KC-135 block 40/45 installs................... 9,000,000
KC-135 post production support................ 1,500,000
MC-130J....................................... 28,500,000
Other production changes...................... 67,000,000
Missile Procurement, Air Force:
Classified programs........................... 34,700,000
Space Procurement, Air Force:
Evolved expendable launch vehicle............. 100,000,000
Other Procurement, Air Force:
Comsec equipment.............................. 10,000,000
Combat training ranges........................ 10,000,000
Night vision goggles.......................... 1,569,000
Classified programs........................... 34,800,000
Procurement, Defense-Wide:
Classified programs........................... 2,600,000
Research, Development, Test and Evaluation, Army:
Joint light tactical vehicle.................. 5,893,000
Concepts experimentation...................... 2,253,000
Information technology development............ 16,700,000
Manpower, personnel, training advanced 2,500,000
technology...................................
Tactical command and control hardware and 6,056,000
software.....................................
Research, Development, Test and Evaluation, Navy:
Tactical combat training system II............ 9,219,000
Tactical AIM missiles......................... 22,000,000
Research, Development, Test and Evaluation, Air
Force:
Ground based strategic deterrent.............. 18,000,000
KC-46......................................... 375,300,000
Nuclear weapons modernization................. 27,000,000
Integrated Personnel and Pay System........... 26,000,000
Minuteman squadrons........................... 22,000,000
Tactical AIM missiles......................... 7,600,000
Airborne Warning and Control System........... 9,000,000
Classified programs........................... 47,650,000
Research, Development, Test and Evaluation,
Defense-Wide:
Defense technology offset..................... 51,500,000
Advanced IT services joint program office..... 10,000,000
Classified programs........................... 3,000,000
The agreement retains a provision proposed by the House
which restricts procurement of ball and roller bearings other
than those produced by a domestic source and of domestic
origin. The Senate bill contained no similar provision.
The agreement retains a provision proposed by the Senate
which prohibits the use of funds to retire or divest RQ-4
Global Hawk aircraft. The House bill contained no similar
provision.
The agreement retains a provision proposed by the House
placing restrictions on funding for competitively bid space
launch services. The Senate bill contained a similar
provision.
The agreement retains a provision proposed by the House
which provides funding to the United Service Organizations
and the Red Cross. The Senate bill contained a similar
provision.
The agreement modifies a provision proposed by the Senate
which prohibits funds from being used to modify Fleet Forces
Command command and control relationships. The House bill
contained no similar provision.
The agreement retains a provision proposed by the House
which restricts funding for repairs and maintenance of
military housing units. The Senate bill contained no similar
provision.
The agreement modifies a provision proposed by the Senate
which directs that up to $1,000,000 from Operation and
Maintenance, Navy shall be available for transfer to the John
C. Stennis Center for Public Service Development Trust Fund.
The House bill contained no similar provision.
The agreement retains a provision proposed by the Senate
which places restrictions on the transfer to any
nongovernmental entity certain ammunition held by the
Department of Defense. The House bill contained a similar
provision.
The agreement retains a provision proposed by the Senate
which prohibits funds from being used to separate the
National Intelligence Program from the Department of Defense
budget. The House bill contained a similar provision.
The agreement modifies a provision proposed by the House
which provides a grant to the Fisher House Foundation, Inc.
The Senate bill contained no similar provision.
The agreement modifies a provision proposed by the House
related to funding for the Israeli Cooperative Defense
programs. The Senate bill contained a similar provision.
The agreement modifies a provision proposed by the House
which reduces funding due to favorable foreign exchange
rates. The Senate bill contained no similar provision.
The agreement retains a provision proposed by the Senate
which provides funds for the Asia Pacific Regional Initiative
Program for the purpose of enabling the Pacific Command to
execute Theater Security Cooperation activities. The House
bill contained a similar provision.
The agreement retains a provision proposed by the House
which prohibits changes to the Army Contracting Command-New
Jersey without prior notification. The Senate bill contained
no similar provision.
(RESCISSION)
The agreement modifies a provision proposed by the Senate
recommending a rescission and provides for a rescission of
$531,000,000 from the Defense Workforce Acquisition Fund. The
House bill contained no similar provision.
The agreement retains a provision proposed by the Senate
which prohibits the use of funds to violate the Child Soldier
Prevention Act of 2008. The House bill contained a similar
provision.
The agreement retains a provision proposed by the Senate
which makes funds available to make grants, conclude
cooperative agreements, and supplement other Federal funds to
support military infrastructure in Guam. The House bill
contained no similar provision.
The agreement modifies a provision proposed by the House
which provides that funds appropriated in this Act may be
available for the purpose of making remittances and transfers
to the Defense Acquisition Workforce Development Fund. The
Senate bill contained a similar provision.
The agreement retains a provision proposed by the House
related to agreements with the Russian Federation pertaining
to United States ballistic missile defense systems. The
Senate bill contained a similar provision.
The agreement modifies a provision proposed by the House
which provides the Director of National Intelligence with
general transfer authority with certain limitations. The
Senate bill contained a similar provision.
The agreement modifies a provision proposed by the House
which prohibits the transfer of detainees from Naval Station
Guantanamo Bay, Cuba except in
[[Page H1895]]
accordance with section 1034 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92)
and section 1034 of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328). The Senate bill
contained a similar provision.
The agreement retains a provision proposed by the House
which prohibits funds from being used for the purchase or
manufacture of a United States flag unless such flags are
treated as covered items under section 2533a(b) of title 10,
U.S.C. The Senate bill contained no similar provision.
The agreement retains a provision proposed by the House
that requires the Secretary of Defense to post grant awards
on a public website in a searchable format. The Senate bill
contained no similar provision.
The agreement retains a provision proposed by the House
regarding funding for flight demonstration teams at locations
outside the United States. The Senate bill contained no
similar provision.
The agreement retains a provision proposed by the House
which prohibits the use of funds by the National Security
Agency to target United States persons under authorities
granted in the Foreign Intelligence Surveillance Act of 1978.
The Senate bill contained no similar provision.
The agreement retains a provision proposed by the House
which prohibits the use of funds to implement the Arms Trade
Treaty until the treaty is ratified by the Senate. The Senate
bill contained no similar provision.
The agreement retains a provision proposed by the House
which limits the availability of funds authorized for
counterterrorism support to foreign partners. The Senate bill
contained no similar provision.
The agreement retains a provision proposed by the House
which prohibits introducing armed forces into Iraq in
contravention of the War Powers Act. The Senate bill
contained no similar provision.
The agreement retains a provision proposed by the House
which prohibits the use of funds to retire the A-10 fleet.
The Senate bill contained no similar provision.
The agreement retains a provision proposed by the House
which limits the use of funds for the T-AO(X) program. The
Senate bill contained a similar provision.
The agreement modifies a provision proposed by the House
which reduces Working Capital Funds to reflect excess cash
balances. The Senate bill contained a similar provision.
The agreement modifies a provision proposed by the House
which reduces the total amount appropriated to reflect lower
than anticipated fuel costs. The Senate bill contained a
similar provision.
The agreement retains a provision proposed by the House
which prohibits the use of funds to retire the KC-10 fleet.
The Senate bill contained no similar provision.
The agreement retains a provision proposed by the House
which prohibits the retirement of EC-130H aircraft. The
Senate bill contained no similar provision.
The agreement retains a provision proposed by the House
which prohibits the use of funds for gaming or entertainment
that involves nude entertainers. The Senate bill contained no
similar provision.
The agreement retains a provision proposed by the House
which prohibits the use of funds for Base Realignment and
Closure. The Senate bill contained no similar provision.
The agreement modifies a provision proposed by the House
which grants the Secretary of Defense the authority to use
funds for Office of Personnel and Management background
investigations. The Senate bill contained a similar
provision.
The agreement modifies a provision proposed by the House
which restricts the use of funds for the Joint Surveillance
Target Attack Radar System recapitalization program for pre-
milestone B activities after March 31, 2018. The Senate bill
contained no similar provision.
The agreement modifies a provision proposed by the House
which prohibits the use of funds to close or transfer from
the jurisdiction of the Department of Defense the United
States Naval Station Guantanamo Bay. The Senate bill
contained no similar provision.
The agreement retains a provision proposed by the House
which provides authority to use readiness funds for Zika
related activities. The Senate bill contained no similar
provision.
The agreement modifies a provision proposed by the House
which restricts the use of funds to maintain or establish a
computer network unless it blocks pornography. The Senate
bill contained no similar provision.
(RESCISSION)
The agreement adds a provision which terminates the Ship
Modernization, Operations and Sustainment Fund and rescinds
unobligated balances. The House and Senate bills contained no
similar provisions.
The agreement retains a provision proposed by the House
which prohibits the use of funds to provide arms, training,
or other assistance to the Azov Battalion. The Senate bill
contained no similar provision.
The agreement adds a provision which provides reprogramming
authority for the Global Engagement Center. The House and
Senate bills contained no similar provisions.
The agreement adds a provision addressing the transfer of
funds out of the Defense Acquisition Workforce Development
Fund. The House and Senate bills contained no similar
provisions.
The agreement adds a provision which provides that the
explanatory statement regarding this Act shall have the same
effect with respect to allocation of funds and implementation
of this Act as if it were a Report of the Committee on
Appropriations. The House and Senate bills contained no
similar provisions.
The agreement retains a provision proposed by the Senate
which prohibits the use of funds to impede certain
investigations conducted by Inspectors General funded under
this Act. The House bill contained no similar provision.
TITLE IX--OVERSEAS CONTINGENCY
OPERATIONS/GLOBAL WAR ON
TERRORISM
The agreement provides $61,822,000,000 in Title IX,
Overseas Contingency Operations/Global War on Terrorism.
REPORTING REQUIREMENTS
The agreement includes a number of reporting requirements
related to contingency operations and building capacity
efforts. The Secretary of Defense is directed to continue to
report incremental costs for all named operations in the
Central Command Area of Responsibility on a quarterly basis
and to submit, also on a quarterly basis, commitment,
obligation, and expenditure data for the Afghanistan Security
Forces Fund, the Counter- Islamic State of Iraq and the
Levant Train and Equip Fund, and for all security cooperation
programs funded under the Defense Security Cooperation Agency
in the Operation and Maintenance, Defense-Wide account.
The agreement eliminates the Cost of War reporting
requirement for detailed monthly obligation and expenditure
data by appropriation account. This reporting requirement is
burdensome for the Department of Defense and the information
provided is either duplicative of information available
through other means or is unnecessary for effective budget
oversight.
MILITARY PERSONNEL
The agreement on items addressed by either the House or the
Senate is as follows:
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OPERATION AND MAINTENANCE
The agreement on items addressed by either the House or the
Senate is as follows:
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COMMANDERS' EMERGENCY RESPONSE PROGRAM
The agreement recommends $5,000,000 for the Commanders'
Emergency Response Program (CERP) in Afghanistan for fiscal
year 2017. As directed in section 9005 of this Act, not later
than 30 days after the end of each fiscal quarter, the Army
shall submit commitment, obligation, and expenditure data for
the CERP to the congressional defense committees.
PROCUREMENT
The agreement on items addressed by either the House or the
Senate is as follows:
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national guard and reserve equipment
The agreement provides $750,000,000 for National Guard and
Reserve Equipment. Of that amount $247,500,000 is designated
for the Army National Guard, $247,500,000 for the Air
National Guard, $105,000,000 for the Army Reserve,
$105,000,000 for the Air Force Reserve, $37,500,000 for the
Navy Reserve, and $7,500,000 for the Marine Corps Reserve.
This funding will allow the reserve components to procure
high priority equipment that may be used for combat and
domestic response missions. Current reserve component
equipping levels are among the highest in recent history and
the funding provided by the agreement will help ensure
component interoperability and sustained reserve component
modernization.
The Secretary of Defense is directed to ensure that the
account be executed by the Chiefs of the National Guard and
reserve components with priority consideration given to the
following items: acoustic hailing devices including hail and
warning escalation of force systems, advanced cargo handling
systems for CH-47, air broadband for C-12, airborne sense and
avoid systems for remotely piloted aircraft, all-digital
radar warning receivers, chemical biological protective
shelters, combat uniforms and cold weather protective
clothing, common access card for remote access virtual
private network with pre-tunnel authentication, computer-
assisted language learning software, crashworthy
ballistically tolerant auxiliary fuel systems, integrated
facial protection components for standard issue helmets,
large aircraft infrared countermeasures, advanced targeting
pods, electromagnetic in-flight propeller balance systems,
electro-optical infrared sensors, frequency hopping
multiplexers, handheld and manpack and mid-tier networking
vehicular radios, handheld explosives and chemical weapons
detection capabilities, HMMWV rollover mitigation and control
technologies, lightweight wide-area motion imagery systems,
modular small arms and self-contained ranges, joint threat
emitters, mandible protection, Marine Corps tactical radio
digital communications, the mobile user objective system,
modular fuel systems, palletized loading systems, multi-
temperature refrigerated container systems, near infrared
aiming and illumination systems, out of band infrared pointer
and illuminator systems, radiac sets, semi-trailers,
unstabilized gunnery crew trainer and small arms simulation
trainers, and wireless mobile mesh self-healing network
systems.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
The agreement on items addressed by either the House or the
Senate is as follows:
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REVOLVING AND MANAGEMENT FUNDS
The agreement on items addressed by either the House or the
Senate is as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
------------------------------------------------------------------------
Budget
request Final bill
------------------------------------------------------------------------
WORKING CAPITAL FUND, ARMY.................... 46,833 46,833
WORKING CAPITAL FUND, DEFENSE-WIDE............ 93,800 93,800
-------------------------
TOTAL, DEFENSE WORKING CAPITAL FUNDS.......... 140,633 140,633
------------------------------------------------------------------------
OTHER DEPARTMENT OF DEFENSE PROGRAMS
DEFENSE HEALTH PROGRAM
The agreement on items addressed by either the House or the
Senate is as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
------------------------------------------------------------------------
Budget
request Final bill
------------------------------------------------------------------------
IN-HOUSE CARE................................. 95,366 95,366
PRIVATE SECTOR CARE........................... 233,073 233,073
CONSOLIDATED HEALTH SUPPORT................... 3,325 3,325
-------------------------
TOTAL, OPERATION AND MAINTENANCE.......... 331,764 331,764
------------------------------------------------------------------------
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE
The agreement provides $215,333,000 for Drug Interdiction
and Counter-drug Activities, Defense.
JOINT IMPROVISED-THREAT DEFEAT FUND
The agreement on items addressed by either the House or the
Senate is as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
------------------------------------------------------------------------
Budget
request Final bill
------------------------------------------------------------------------
RAPID ACQUISITION AND THREAT RESPONSE......... 345,472 339,472
Prior year carryover...................... ........... -6,000
MISSION ENABLERS.............................. 62,800 0
Transfer to title IX OM, DW............... ........... -62,800
-------------------------
TOTAL, JOINT IMPROVISED-THREAT FUND....... 408,272 339,472
------------------------------------------------------------------------
joint improvised-threat defeat fund
The fiscal year 2017 budget request includes $408,272,000
in Overseas Contingency Operations funding for the Joint
Improvised-Threat Defeat Fund. To preserve the essential
joint capabilities of the Joint Improvised-Threat Defeat
Organization (JIDO) and eliminate any duplication with
Service capabilities, the agreement recommends transferring
$62,800,000 to the Operation and Maintenance, Defense-Wide
account in title IX.
The budget request proposed consolidating the sub-accounts
under the appropriation into a single account titled Rapid
Acquisition and Threat Response. This flexibility would allow
for quick reaction changes in spending; however, it would
prevent the congressional defense committees from having any
insight into why or when these funding changes occur.
Therefore, the agreement provides the following funding
levels for JIDO programs: $101,286,000 for Rapid Capability
Delivery; $200,886,000 for Assist Situational Understanding;
and $37,300,000 for Enable Department of Defense
Responsiveness. The Director of the JIDO is directed to
provide quarterly reports to the congressional defense
committees should funding be shifted between the accounts not
later than 15 days after the end of the fiscal quarter.
OFFICE OF THE INSPECTOR GENERAL
The agreement provides $22,062,000 for the Office of the
Inspector General.
GENERAL PROVISIONS--THIS TITLE
The agreement for title IX incorporates general provisions
from the House and Senate versions of the bill which were not
amended. Those general provisions that were addressed in the
agreement are as follows:
The agreement retains a provision proposed by the Senate
which provides for special transfer authority within title
IX. The House bill contained a similar provision.
The agreement retains a provision proposed by the Senate
which provides funds for logistical support to allied forces
supporting military and stability operations in Afghanistan
and to counter the Islamic State of Iraq and the Levant. The
House bill contained a similar provision.
The agreement retains a provision proposed by the House
which provides funds for the Office of Security Cooperation
in Iraq. The Senate bill contained no similar provision.
The agreement modifies a provision proposed by the House
which provides security assistance to the Government of
Jordan. The Senate bill contained no similar provision.
The agreement modifies a provision proposed by the House
which prohibits the use of the Counter-ISIL Train and Equip
Fund to procure or transfer man-portable air defense systems.
The Senate bill contained no similar provision.
The agreement retains a provision proposed by the House
which provides assistance and sustainment to the military and
national security forces of Ukraine. The Senate bill
contained no similar provision.
The agreement retains a provision proposed by the House
related to the replacement of funds for items provided to the
Government of Ukraine. The Senate bill contained no similar
provision.
The agreement retains a provision proposed by the House
which prohibits the use of assistance and sustainment to the
military and national security forces of Ukraine to procure
or transfer man-portable air defense systems. The Senate bill
contained no similar provision.
The agreement retains a provision proposed by the House
which provides funds to the Department of Defense to improve
intelligence, surveillance, and reconnaissance capabilities.
The Senate bill contained no similar provision.
The agreement retains a provision proposed by the Senate
which prohibits the use of funds to transfer additional C-130
aircraft to Afghanistan until the Department of Defense
conducts a review of the country's medium airlift
requirements. The House bill contained no similar provision.
(rescissions)
The agreement modifies a provision proposed by the House
recommending rescissions and provides for the rescission of
$819,000,000. The Senate bill contained a similar provision.
The rescissions agreed to are:
2016 Appropriations:
Operation and Maintenance, Defense-Wide:
DSCA Coalition Support Fund................... $300,000,000
Counterterrorism Partnership Fund:
Counterterrorism Partnership Fund............. 200,000,000
Afghanistan Security Forces Fund:
Afghanistan Security Forces Fund.............. 150,000,000
Other Procurement, Air Force:
Classified adjustment......................... 169,000,000
(rescission)
The agreement modifies a provision proposed by the Senate
recommending rescissions and provides for the rescission of
$11,524,000. The House bill contained no similar provision.
The rescission agreed to is:
2011/XXXX Appropriation:
Operation and Maintenance, Defense-Wide:
DSCA Coalition Support Fund................... $11,524,000
The agreement adds a provision which terminates the Mine
Resistant Ambush Protected Vehicle Fund. The House and Senate
bills contained no similar provisions.
The agreement retains a provision proposed by the Senate
which requires the President to designate all Overseas
Contingency Operations/Global War on Terrorism funds as such.
The House bill contained a similar provision.
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[[Page H1936]]
Mr. VISCLOSKY. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I would like to begin by congratulating Chairman
Frelinghuysen on bringing his first full bill to the House floor as
chairman of the Appropriations Committee. I have greatly appreciated
his friendship and steady leadership of the Defense Subcommittee.
Further, I also thank our new subcommittee chairwoman, Kay Granger.
She has been a great partner in completing the work on the fiscal year
2017 conference report, and I look forward to working with her as we
proceed.
Finally, I thank the members of the subcommittee and our
extraordinary staff for their wisdom and for their long hours that they
have logged in putting this product together.
The chairman has well described H.R. 1301. I would add that this bill
includes strong positions countering Russian aggression, building
partnership capacity, and supporting readiness. Because it is a product
of bipartisan negotiation, this is a good bill, and I intend to support
it.
Despite my support for this legislation, I am extremely troubled that
we are still working on the fiscal year 2017 Defense bill 5 months and
8 days into the fiscal year.
For nearly 6 months, the Department of Defense has been operating
under two separate continuing resolutions, which wastes the time of
people's lives and leads to inefficiencies in spending. I would
emphasize this is not the fault of the committee. All that has been
absent is the lack of political will on behalf of the majority party.
Even more disconcerting is the fact that the Defense Appropriations
Act is just one of 11 fiscal year 2017 appropriations bills that need
to be completed by the end of next month. There is no excuse for them
remaining unfinished. The investments made through these bills are
vital to so many in our country, and they need equal attention from
Congress and the administration.
It is imperative that we strive every day to prioritize keeping
America safe and supporting our brave servicemembers, but we must also
prioritize educating our workforce, making improvements in public
health, in science, and in our economic and transportation
infrastructure.
If we neglect these investments in our future and in the well-being
and success of current families and future generations, then I am
deeply concerned that we will not have a country worth defending.
Confounding a confused fiscal situation, there is a $30 billion
supplemental request for fiscal year 2017 recently submitted to the
Office of Management and Budget by the Department of Defense, which
should make its way to Congress in the next few weeks. Additionally, as
the administration modifies its fiscal year 2018 budget request, they
are without a predictable base on which to build.
There is very little margin of error, given the few legislative days
remaining before the continuing resolution expires on April 28. I, and
I believe the chairman, do not view that date as another point for
negotiation. It is an absolute deadline, and the value of this bill and
every other appropriations bill diminishes the day they are not
enacted.
{time} 1545
In closing, I again appreciate the leadership and the management of
this wonderful work by our chairman, Mr. Frelinghuysen. Going forward,
I will work hard with the chairman. I will work hard with Chairwoman
Granger, with Ranking Member Lowey, and the other members of our full
committee to return the appropriations process to its normal schedule.
Mr. Speaker, I reserve the balance of my time.
Mr. FRELINGHUYSEN. Mr. Speaker, I yield such time as she may consume
to the gentlewoman from Texas (Ms. Granger), chairwoman of the Defense
Subcommittee of the Committee on Appropriations.
Ms. GRANGER. Mr. Speaker, I rise in strong support of H.R. 1301, the
FY17 Department of Defense Appropriations Act. The world is more
dangerous and unstable than any time in recent history. The U.S. and
our allies face constant threats from countries including Iran, Russia,
China, and North Korea. ISIS and other global terrorists threaten our
very way of life.
Our number one responsibility as Members of Congress is to provide
for the defense of this Nation. I commend Chairman Frelinghuysen for
the outstanding job he did drafting the FY17 bill. He deserves our
thanks for producing such a significant and meaningful bill.
Since becoming the chairwoman of the Defense Subcommittee of the
Committee on Appropriations, I have spent a lot of time talking to
senior defense leaders to find out what they need to combat these
threats. They have unanimously stated that the only thing our
adversaries respect is strength, and they need this bill passed to
ensure our military is as strong and effective as possible.
Sequestration and reduced budget requests have caused the military to
be underfunded for too long. This bill begins a process of rebuilding
our military and giving our warfighters the resources they need to
counter the numerous complex threats around the world. This bill
reverses the drawdown of end strength and instead increases it by
36,000 troops above the FY17 budget request. This bill reverses steep
cuts to procurement by funding additional ships and aircraft to
modernize our weapons systems and address shortfalls. This is important
because we have the smallest number of ships in the Navy since 1916,
and the average age of an Air Force aircraft is 27 years old. Marine
aviation squadrons have been forced to salvage parts from museums in
order to keep our planes flying.
In every meeting I have had with defense leadership, they emphasize
the devastating impact both sequestration and operating under a
continuing resolution have on our security. When asked about the impact
of a full year CR, General Goldfein, chief of staff of the Air Force,
said: ``There is no enemy on the planet that can do more damage to the
United States Air Force than us not getting a budget.''
Our military is counting on us to pass this bill now. It is the only
way to ensure the United States will be strong and able to lead in this
very dangerous world. I strongly urge a ``yes'' vote.
Mr. VISCLOSKY. Mr. Speaker, I yield 4 minutes to the gentlewoman from
New York (Mrs. Lowey), the ranking member of the full committee.
Mrs. LOWEY. Mr. Speaker, I want to thank Chairman Frelinghuysen,
Chairwoman Granger, and Ranking Member Visclosky for their hard work
and cooperation. Today's bill is the product of good faith bipartisan
and bicameral negotiation.
Each Member of this body will need to determine whether positive
aspects of this bill outweigh uncertainty about the prospects of 10
other critical funding bills languishing without a clear path forward.
Unlike the Defense Appropriations bill passed by the House last June,
this bill keeps faith with existing caps on discretionary spending. It
does not use a budget gimmick to create a mid-year shortfall in
funding, which would have affected salaries and mission support for men
and women serving bravely in harm's way.
I thank the chairman for increasing cybersecurity operations by
nearly $1 billion; fully funding the European Reassurance Initiative in
response to Russian aggression; investing in the intelligence,
surveillance, and reconnaissance resources combatant commanders clamor
for; and assisting men and women in uniform by increasing pay by 2.1
percent, adding $25 million for sexual assault prevention and response,
and providing $33.8 billion for the Defense Health Program.
Despite these positive attributes, I would be remiss not to remind
this body that the 2017 appropriations process can be described as
nothing but a failure that continues to this day, more than 5 months
into the fiscal year. The Defense bill that we consider today could
have and should have been finished in September 2016. The majority
chose to punt the deadline for this and 10 other appropriations bills
until April for entirely political reasons.
All Americans know we must ensure our Armed Forces are staffed,
trained, and equipped to meet the challenges they face. We must fulfill
that responsibility without neglecting the critical services and
investments funded through the 10 other unfinished appropriations
bills.
I am very concerned that the House Republican leadership is proposing
to
[[Page H1937]]
move one bill forward without any indication that the other 10 will see
the light of day.
Mr. FRELINGHUYSEN. Mr. Speaker, I am pleased to yield 3 minutes to
the gentleman from Texas (Mr. Thornberry), the chairman of the
Committee on Armed Services.
Mr. THORNBERRY. Mr. Speaker, I thank the distinguished chairman for
yielding time and commend him for his continuing leadership on national
security. I also thank the chairwoman of this subcommittee, Ms.
Granger, and the ranking member, Mr. Visclosky, for their continuing
work on national security.
Mr. Speaker, it is important that we pass this bill now. The
Department of Defense is currently operating under a continuing
resolution, which means you have got to spend the same money this year
that you spent last year, and you have to spend it on the same things.
Even if you don't need to spend money on something this year that you
spent last year, you have to. So it is wasteful. But you also can't
spend money on new things, even though new threats arise. It is not
good for any part of government. It is particularly bad for the
Department of Defense. It is important to pass this bill now to remove
this continuing resolution and have a regular appropriation bill.
Secondly, this bill is consistent with the Defense Authorization
Conference Report which passed this House in December. All but four
Republicans and all but 30 Democrats in the House voted for that
measure in December. This is very consistent with that, and I hope it
gets at least as much support as that bill did in December.
There are a few differences. We are further into the fiscal year, so
the committee was able to fund some additional priorities that were in
the House-passed authorization bill that we were not able to put in the
conference report. I just think it is important for all of us to
remember, Mr. Speaker, that the only answer to some of the readiness
problems we are facing is modernization. We have had testimony that it
takes twice as long to maintain an old F-18 aircraft, for example, as
it does a new one. Well, this bill has some additional F-18s, and that
is good for the pilots, good for the services that receive them. It
also frees up maintenance to work on other things.
Finally, it is important also to remember that this bill is just a
first step in repairing and rebuilding the military. I am afraid all of
us have underestimated the deep damage that has been done through
sequestration, budget cuts, and a high tempo of operations. Just
yesterday, I was out at Fort Campbell to see some of this and hear
about some of this firsthand from the Army.
This is an important essential first step, but shortly we should
receive a supplemental appropriation to do more of the work of repair,
and then we need to move toward an FY18 bill that really begins the
rebuilding that, I think, on a bipartisan basis, most all of us in this
Chamber would support. Remember, Mr. Speaker, the first job of the
Federal Government is to defend the country. This is an important first
step to help us fulfill that responsibility.
Mr. VISCLOSKY. Mr. Speaker, I yield 2 minutes to the gentlewoman from
Minnesota (Ms. McCollum), who is a member of the Subcommittee on
Defense.
Ms. McCOLLUM. Mr. Speaker, I rise in support of the Department of
Defense Appropriations Act of 2017. Last year, I was unable to vote for
this legislation, but the bill before us today is improved, and it is
one that I can support.
I was unable to vote for the previous bill because it included budget
gimmicks that would have jeopardized a full year of funding for our
troops and threatened readiness. I am very pleased to see this problem
has been resolved. This bill provides the funding for the remainder of
the 2017 fiscal year without breaking the budget caps. It also includes
a much-needed pay raise for our servicemembers and ensures that they
will have the equipment that they need to complete their missions and
come home.
What is disappointing is that we are voting on this legislation
today, halfway through the fiscal year. This work should have been
finished months ago. Instead, a stalled appropriations process has left
the Defense Department and our troops operating under a damaging
continuing resolution. Right now it doesn't appear that the FY18
process will go any smoother.
President Trump's proposed $54 billion increase for defense will come
at the expense of essential domestic programs that our servicemen and -
women and their families depend upon: education for their children,
quality healthcare for their families, safe roads to drive on,
protection of our clean air and drinking water. The list goes on and
on.
Mr. Speaker, I am voting for this bill today, but I want to make it
clear that I am very concerned about President Trump's proposed cuts
that would pit our national security against the domestic needs of all
Americans.
Mr. FRELINGHUYSEN. Mr. Speaker, I am pleased to yield 2 minutes to
the gentleman from Kentucky (Mr. Rogers), my predecessor. He is a
member of the Subcommittee on Defense of the Committee on
Appropriations and a chairman in his own right.
Mr. ROGERS of Kentucky. Mr. Speaker, I congratulate the chairman on
his assumption of the chairmanship of the full committee and for
putting this bill together when he chaired the Subcommittee on Defense.
This bill certainly represents the outcome of many hard choices. It
prioritizes funding where our troops need it the most. It wisely
invests in readiness, training, maintenance, and procurement, and
ensures that our troops are prepared for the tasks before them. This
bill also supports our efforts to defeat ISIL alongside our allies in
the region as well as our continued focus on deterring Russian
aggression.
I am also pleased, Mr. Speaker, that this bill takes care of the
troops and their families, granting them a long-awaited 2.1 percent pay
raise. Time and again, our servicemembers put themselves in harm's way
and respond to the myriad threats facing the Nation. This pay raise is
one small way for us to honor their dedication and willingness to
serve.
As the threats we face continue to become more unpredictable, we must
provide our troops with the tools that they need to win in uncertain
times. This bill goes a long way toward restoring the shortfalls in
manpower and readiness that our military has endured in recent years.
In closing, Mr. Speaker, let me call attention again to Will Smith,
who has been a clerk of this committee for 6 years and served as my
chief of staff in my private office for many years before. This is
likely his last appropriations bill on the floor to help manage and put
together, and so I want to say to Will and all of you in behalf of
saying something good about Will, what a great amount of service he
rendered the Nation with a true Kentucky attitude, which he has.
Will, we owe you a lot. Thank you for your service. You have been
great. We wish you Godspeed.
{time} 1600
Mr. VISCLOSKY. Mr. Speaker, I would simply follow up on the
chairman's remarks, and I also want to congratulate Mr. Smith on his
life of service to his country. Mr. Pomerantz on our side was also
mentioned. Again, both gentlemen and their service to this country are
a reflection on public service, and I appreciate it very much on behalf
of all of us in this Chamber.
Mr. Speaker, I yield 2 minutes to the gentleman from Maryland (Mr.
Ruppersberger), who is also a member of the Defense Subcommittee.
Mr. RUPPERSBERGER. Mr. Speaker, I rise today to support the
Department of Defense Appropriations Act.
I thank Chairwoman Granger and Ranking Member Visclosky for bringing
this bill to the floor.
This bill helps to close gaps in readiness while making investments
in research and development. These investments are critically important
because I guarantee our adversaries know where we have work to do.
Mr. Speaker, I represent a congressional district home to two Army
bases, the NSA, several National Guard facilities, and dozens of our
private sector partners. I serve on the board of the United States
Naval Academy, and I co-chair the Army Caucus.
My experience tells me we are living in a world that has changed
since our Armed Forces entered the Middle East 16 years ago. While our
men and women
[[Page H1938]]
in uniform fought asymmetric foes, our near-peer adversaries such as
Russia and China made advancements in technology that threaten to
degrade our military qualitative advantage.
This appropriations bill ensures our troops are ready and that we
have enough of them to get the job done. It fully funds the new end
strength number and allows for a 2.1 percent pay raise for our troops.
This is the least we can do for the brave men and women who sacrifice
for our country.
This bill also deters Russian aggression by fully funding the
European Reassurance Initiative, and makes critical investments in
missile defense technology.
This bill is a solid start, and I encourage all of my colleagues to
support it, but there is still work to be done. Our troops should trust
that elected officials will support them and do their job to fund the
government, just as we trust them to accomplish the mission assigned to
them. Band-Aid budgets are bad for everyone--our partners in industry,
the American taxpayers, and especially our Armed Forces.
Now is not the time to argue over partisan issues. Congress should
create a frontline of support for our Armed Forces that is just as
strong as the frontline our soldiers have created to protect us.
I call on all of my colleagues to work in a bipartisan fashion to
pass this and the other FY17 appropriation bills as quickly as
possible.
Mr. FRELINGHUYSEN. Mr. Speaker, I am pleased to yield 1 minute to the
gentleman from Texas (Mr. Carter).
Mr. CARTER of Texas. Mr. Speaker, I am grateful that we are here
hoping to end the continuing resolution on the Department of Defense,
and I rise in support of the bill we are debating today.
We all know too well that continuing resolutions are unacceptable
burdens on the least and the greatest of our DOD assets, our Members,
and civilians at a time of unprecedented threats to our Nation. I thank
Chairman Frelinghuysen and Chairwoman Granger for bringing this bill to
the floor and for their unwavering commitment to the men and women in
uniform, which will continue under their leadership in the future.
I also thank this committee for fully funding an increase of Active,
Guard, and Reserve soldiers. I am also co-chair of the Army Caucus, and
providing them with the modern equipment and training necessary to keep
them alive and the greatest fighting force on Earth is very important
to the defense of our Nation.
We have more that we need to consider.
The SPEAKER pro tempore (Mr. McClintock). The time of the gentleman
has expired.
Mr. FRELINGHUYSEN. Mr. Speaker, I yield an additional 30 seconds to
the gentleman.
Mr. CARTER of Texas. Army Vice Chief of Staff Daniel Allyn recently
told the House Armed Services Committee that our Army requires
modernization equipment to win decisively, but today we are outraged,
outgunned, and outdated. At the present time, he says that only three
of the Army's 58 brigade combat teams are ready to fight. It is
crucial, and I urge my colleagues to support this appropriations bill
and fully fund our armed services.
Mr. VISCLOSKY. Mr. Speaker, I yield 2 minutes to the gentlewoman from
California (Ms. Lee), who is a member of the full Appropriations
Committee.
Ms. LEE. Mr. Speaker, first, let me thank Mr. Visclosky for yielding.
I also thank him for his tremendous leadership as our ranking member,
and giving us all an opportunity to really voice our opinions and put
our points of view forward in a very fair way.
I rise in opposition to this bill, however.
I offered two amendments to this bill, the fiscal year 2017 Defense
Appropriations bill, and I am really disappointed to once again see
that my amendments were not made in order. I want to explain these two
amendments because this is the only chance that we will have to talk
about this.
The first amendment, which I have offered several times on a
bipartisan basis, would prohibit the funding for the 2001 Authorization
for Use of Military Force, the AUMF, beginning on September 30, 2017.
And mind you, that 6-month window provides Congress ample opportunity
to draft and debate a new AUMF and to vote it up or down.
Clearly, Congress is required to act. This amendment would require
Congress to finally debate and vote on nearly a 3-year-long war that is
raging in the Middle East, a war that has already claimed the lives of
several brave servicemembers. The House simply cannot continue to
abdicate its constitutional responsibility to give the American people
a voice in matters of war and peace.
I offered another amendment, which would prohibit funding for United
States combat troops in Syria.
Mr. Speaker, this amendment was really simple, but, once again, I am
sad to say that it was not made in order. This amendment would use the
power of the purse to prevent funding for combat operations in Syria,
unless the purpose is to rescue or protect members of the Armed Forces
from danger.
We can all agree that ISIL must be degraded and dismantled, but
Congress continues to be missing in action from this debate.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mr. VISCLOSKY. Mr. Speaker, I yield an additional 1 minute to the
gentlewoman.
Ms. LEE. We know that the 2001 authorization was specific to 9/11.
And I voted against it because I knew it would be broadly interpreted,
which it has been. Sadly, it is a blank check for war. Actually, the
Congressional Research Service provided us a declassified report
saying--and this was last year--it had been used over 35 times. Nothing
related to 9/11. So this blank check needs to be repealed.
We also know that ISIL didn't even exist in 2001. Every day, more
bombs fall and the battlefield expands. We have already spent billions
of dollars against this unauthorized war.
Congress needs to show up for work, muster its courage, exercise its
constitutional responsibility for debate, and vote on the ongoing war
in Iraq and Syria. We owe nothing less to our brave men and women who
are in harm's way. It is past time to force a debate and vote on this
issue. Hopefully, one day we will make these amendments in order and,
hopefully, we will have bipartisan support to just move forward and do
our job as Members of Congress, which is what the Constitution
requires.
Mr. FRELINGHUYSEN. Mr. Speaker, I am pleased to yield 3 minutes to
the gentleman from Florida (Mr. Diaz-Balart), and thank him for his
service on the Defense Appropriations Committee.
Mr. DIAZ-BALART. Mr. Speaker, I rise in strong support of this bill.
I want to first start by commending the chairman of the full committee
and the former chairman of the subcommittee, Mr. Frelinghuysen, for his
unwavering commitment to the men and women in uniform, and also for
bringing this great bill forward.
I also want to recognize the good work and leadership of the new
subcommittee chairwoman, that titanium Texan, Ms. Granger.
Mr. Speaker, I have to also mention the ranking members, Mrs. Lowey
and Mr. Visclosky, because this, frankly, is a partnership in allowing
this bill to come forward.
Mr. Speaker, with this bill, Congress fulfills what I believe is an
essential part of what we are here to do and what government's
essential role is--to provide for the common defense.
This bill is essential for the men and women who serve our Nation
with distinction in the military.
This bill funds a 2.1 percent pay raise for the military, something
that they so deserve.
It also targets resources for the health care for our servicemembers
and their family members.
Throughout the year--and you have already heard it--we have heard
testimony time and time again from our service chiefs about the
necessity to address our military's alarming readiness shortfalls. This
bill, Mr. Speaker, addresses the readiness problems that are making it
more and more difficult for our troops. We devote resources to prepare
our troops both for combat and peacetime missions, including flight
time and training, to ensure that we maintain our military superiority.
Lastly, this bill provides the necessary essential equipment, weapon
systems, and platforms needed to
[[Page H1939]]
maintain and sustain our essential military superiority, whether it is
in the air, in the sea, or on the ground.
Mr. Speaker, I would just end with what I mentioned before: I believe
the principal job of the Federal Government is to defend and protect
our country. The Defense Appropriations bill before us does just that,
and it deserves all of our support.
Mr. VISCLOSKY. Mr. Speaker, I yield 3 minutes to the gentlewoman from
Ohio (Ms. Kaptur), a member of the Defense Appropriations Subcommittee.
Ms. KAPTUR. Mr. Speaker, I thank Ranking Member Visclosky very much.
Mr. Speaker, every year, our top responsibility as appropriators is
to finish the 12 spending bills that keep our government running by
October 1 of the year before that fiscal year is supposed to start. But
here we are today, March 8, halfway into fiscal year 2017, finally
voting on a compromise bill that closely reflects the request the last
administration delivered to us 1 year ago February.
Our service chiefs and Secretaries present a consistent, clear
message to Congress. They have pleaded for stability and predictability
in the budget so they could ensure complete readiness of America's
forces. Force readiness remains the defense community's top priority.
Funding the capabilities to provide this responsibility must remain our
top priority. We must approach Congress' appropriations responsibility
from the historic bipartisan process that has broken down once too many
times in recent years.
This political infighting harms the stability and predictability
necessary for our Armed Forces to properly plan. It left both our
adversaries and allies questioning our ability to defend or support the
multiple conflicts we are currently engaged with abroad.
This compromise worked out by our responsible colleagues, Chairwoman
Granger, Chairman Frelinghuysen, Ranking Member Visclosky, Ranking
Member Lowey; and their Senate counterparts are strong glimmers of hope
that we might actually finish the 2017 appropriations responsibilities.
But we have ten additional subcommittee bills that are equally
important and account for nearly half of our budget.
When will we vote on those compromised bills?
I could think of little that would be more irresponsible than to only
move this defense bill and leave the remaining departments and agencies
operating under a continuing resolution.
I have always supported our troops and our national defense. However,
we know the safety and well-being of the American people does not
merely rely on defense funding. It is rooted in the stability of the
Republic they are sworn to protect and defend. We have a responsibility
there, equally important.
Our financial commitments to energy independence, critical
infrastructure, homeland security, funding for first responders,
teachers, and healthcare programs are equally necessary to increase
America's security at home and abroad. I hope my colleagues alleviate
this concern and quickly package the remaining bills for a vote, as the
American people so richly deserve.
Mr. FRELINGHUYSEN. Mr. Speaker, I am pleased to yield 2 minutes to
the gentleman from Arkansas (Mr. Womack), and I thank him for his great
contributions to the Defense Subcommittee on Appropriations.
{time} 1615
Mr. WOMACK. Mr. Speaker, I consider it one of the great honors in
Congress to serve on the Defense Appropriations Committee with some
real champions for national security: guys like Rodney Frelinghuysen,
the overall chairman; Chairwoman Kay Granger from the Defense
Subcommittee; my friend Pete Visclosky, the ranking member. These are
all people that have a heart and a soul for what we are trying to do
here today, and that is to provide for the common defense. It is our
constitutional duty. And guys like Mac Thornberry, the chairman of the
House Armed Services Committee. A lot of champions here that believe in
a strong national defense.
Mr. Speaker, not only does this bill rebuild readiness by giving our
troops the equipment they need, but it also reverses Obama-era cuts to
the developing defense platforms, stops troop drawdowns, and perhaps
most importantly, gives our warfighters a much-deserved pay raise.
As a 30-year veteran of the Arkansas Army National Guard, I am
particularly pleased that this bill provides the funding necessary to
ensure the National Guard remains a fully operational force.
It is a good bill, Mr. Speaker, and with a willing partner in the
White House and a pledge to rebuild our military, it marks the first
step, an important first step our Congress has to take to complete our
business from last year; and it gives our defenders what they need and
deserve, and that is certainty.
Threats are growing. America must project strength. That starts with
creating a military so strong that we never send our men and women
downrange in a fair fight.
I call on my colleagues to stand strong against our enemies. Take
this first step today in projecting power with our financial
commitment.
I urge a ``yes'' vote on the bill.
Mr. VISCLOSKY. Mr. Speaker, I reserve the balance of my time.
Mr. FRELINGHUYSEN. Mr. Speaker, I am pleased to yield 3 minutes to
the gentlewoman from Alabama (Mrs. Roby), a new member of the Defense
Subcommittee on Appropriations.
Mrs. ROBY. Mr. Speaker, I appreciate the leadership of Chairman
Frelinghuysen at the full committee and Chairwoman Granger at the
Defense Subcommittee on this bill.
Providing for the common defense of our Nation is one of the most
fundamental duties of Congress under the Constitution.
Last week I appreciated the message that President Trump delivered in
his joint session address, and I was particularly encouraged by his
call to properly fund our military. For the last 6 years, we have been
in almost constant tension with an administration whose sequestration
policy threatened to hollow out our military.
Mr. Speaker, as a member of the Defense Appropriations Subcommittee,
I stand ready to work with the President and Secretary Mattis to make
sure our military is properly funded, well equipped, and ready for the
fight. That is why I am so proud to support this Defense Appropriations
bill.
Our bill rejects the Obama administration's proposed troop level
reductions that would have amounted to as many as 36,000 servicemen and
-women cut from the ranks. Instead, our bill provides funding for an
additional 1,000 Active-Duty Army soldiers, 1,000 Army National Guard
soldiers, 1,000 Army Reserve soldiers, and 1,000 Active-Duty marines.
The bill also fully funds a much-deserved 2.1 percent pay raise for
military personnel.
Mr. Speaker, I am proud to represent a district that is home to both
Fort Rucker, the home of Army aviation, and Maxwell-Gunter Air Force
Base, the intellectual center of the Air Force.
I am pleased to report that this bill contains a strong budget for
Army aviation, including $187 million for the 28 Lakota helicopters,
which are the primary aircraft used for training at Fort Rucker.
It also contains an increase of almost $450 million for the Air
Force's cybersecurity efforts. Maxwell's Air Force Cyber College at Air
University plays a key part in cybersecurity, serving as an
intellectual hub for the Air Force in the emerging battlefield for
cyber warfare.
This appropriations bill also contains funding for the procurement of
74 F-35 Joint Strike Fighters. The Montgomery-based 187th Fighter Wing
is on the short list for being assigned this next generation fighter
jet, and our Alabama congressional delegation is working together to
make the case to the Air Force why this special unit is an ideal fit.
Mr. Speaker, I take our responsibility to craft sound military
spending plans very seriously. I am pleased the House is moving the
fiscal year 2017 Defense Appropriations bill this week, and I urge my
colleagues to support its passage.
Mr. FRELINGHUYSEN. Mr. Speaker, I am pleased to yield 2 minutes to
the gentleman from West Virginia (Mr. Jenkins). He is a great member of
the full committee.
Mr. JENKINS of West Virginia. Mr. Speaker, I want to say thank you to
[[Page H1940]]
Mr. Frelinghuysen for the outstanding work and effort that he has put
into this critically important piece of legislation, and I thank
Chairwoman Granger for her strong support in advancing this much-needed
legislation.
The people before me have talked so eloquently about our
responsibility as Members of Congress to defend and protect our Nation.
We have talked about national security. We have talked about troops. We
have talked about battling terrorism. And that is what this bill does.
I want to take a slightly different approach and say something about
what this bill does in all of our communities, not just distant lands
around the world, but in our home communities. I want to highlight one
area that will make a real difference in all of our communities, and
that is the National Guard's Counterdrug Program.
This program is essential in detecting, disrupting, and curtailing
drug trafficking. It provides resources to almost every State and
territory to help train personnel and run counterdrug missions. The
National Guard supports almost 60,000 requests a year for assistance
from local law enforcement agencies.
In fiscal year 2014, National Guard counterdrug programs took almost
$12 billion in illegal drugs off the street. This minor investment is
paying major dividends. During NDAA consideration, I helped secure an
amendment to increase funding for this account by $30 million because
this program works.
This legislation under consideration today also increases funding for
this vital program by $135 million more than the amount requested by
then-President Obama. This is a critical moment in combating the drug
crisis, and we must fully fund every program that will help us solve
it.
Mr. VISCLOSKY. Mr. Speaker, I reserve the balance of my time.
Mr. FRELINGHUYSEN. Mr. Speaker, I am pleased to yield 2 minutes to
the gentleman from Mississippi (Mr. Palazzo), a great member of the
full committee.
Mr. PALAZZO. Mr. Speaker, I thank Chairman Frelinghuysen for the
time.
I rise today in strong support of the fiscal year 2017 Defense
Appropriations bill. I have long said that the number one
constitutional responsibility of this body is the common defense of
this Nation, and today, the Appropriations Committee, under the
leadership of Chairman Frelinghuysen, has once again shown the
importance that we place on this most sacred duty.
After years of weak budget requests from our prior administration,
this bill contains over $5.2 billion over the 2016 level and $1.5
billion more than the Obama administration's request.
Included in this appropriations bill is the funding of 10 new ships
for our Navy, including an LPD, essential to our Marine Corps mission,
as well as 3 destroyers, 2 Virginia class submarines, 3 LCSs, and an
LHA, all ships desperately needed by our Navy and Marine Corps.
Funding these ships steadily is not only a key to keeping our
military strong, but also keeps our industrial base healthy and keeps
these ships affordable in the long run.
Finally, this appropriations bill takes the first steps toward
rebuilding our military, showing our allies that they can trust us, and
showing our enemies they should fear us.
Mr. Speaker, I thank the chairman for his work and his staff's work
on this fine bill, and I encourage all of my colleagues to support this
important legislation.
Mr. FRELINGHUYSEN. Mr. Speaker, I have no more speakers, and I
reserve the balance of my time.
Mr. VISCLOSKY. Mr. Speaker, I yield myself the balance of my time.
I will end where I began, and that is because I think this will be
the last time that the chair and I manage a Defense Appropriations bill
together on the floor. It has been a delightful relationship, and I
look forward to it continuing as you are chairman of the full
committee.
Again, I thank the staff and look forward to working with Chairwoman
Granger, and I also ask my colleagues to support the bill.
Mr. Speaker, I yield back the balance of my time.
Mr. FRELINGHUYSEN. Mr. Speaker, I urge Members to support the bill,
and I yield back the balance of my time.
Mr. CALVERT. Mr. Speaker, I rise in strong support of the FY2017
Defense Appropriations bill. I commend Chairman Frelinghuysen, Ranking
Member Lowey, our new Chairwoman Granger and Ranking Member Visclosky
for their leadership on this bill. I would also like to thank our
dedicated professional staff who have tirelessly worked on this
agreement.
I have served on the House Defense Appropriations Subcommittee for
many years and providing for our men and women in uniform is a
privilege and an honor. This bill provides vital funding for our Armed
Services, including a 2.1 percent pay raise and additional funding for
increased end strength.
As many of us have noted, our military is in a precarious position,
and this bill is an important first step to rebuild and restore our
military strength. It provides funding for necessary shipbuilding;
aircraft and vehicle procurement; and important research and
development to maintain our technological superiority. The bill also
provides vital Operations and Maintenance funding for facility
sustainment, restoration, and modernization programs.
I look forward to working with the new Administration and providing
the resources our military needs to maintain our position in the world
as well as continue to invest in our most important asset--the men and
women our United States Armed Forces.
The SPEAKER pro tempore. All time for debate has expired.
Pursuant to House Resolution 174, the previous question is ordered on
the bill.
The question is on the engrossment and third reading of the bill.
The bill was ordered to be engrossed and read a third time, and was
read the third time.
The SPEAKER pro tempore. The question is on the passage of the bill.
Pursuant to clause 10 of rule XX, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this question
are postponed.
____________________