Congressional Record, Volume 163 Issue 126 (Wednesday, July 26, 2017)

[Congressional Record Volume 163, Number 126 (Wednesday, July 26, 2017)]
[House]
[Pages H6335-H6428]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2018

General Leave

Mr. FRELINGHUYSEN. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days within which to revise and extend
their remarks and include extraneous material in the consideration of
H.R. 3219, and that I may include tabular material on the same.
The SPEAKER pro tempore (Ms. Ros-Lehtinen). Is there objection to the
request of the gentleman from New Jersey?
There was no objection.
The SPEAKER pro tempore. Pursuant to House Resolution 473 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the state of the Union for the consideration of the bill, H.R. 3219.
The Chair appoints the gentleman from Illinois (Mr. Bost) to preside
over the Committee of the Whole.

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In the Committee of the Whole

Accordingly, the House resolved itself into the Committee of the
Whole House on the state of the Union for the consideration of the bill
(H.R. 3219) making appropriations for the Department of Defense for the
fiscal year ending September 30, 2018, and for other purposes, with Mr.
Bost in the chair.
The Clerk read the title of the bill.
The CHAIR. Pursuant to the rule, the bill is considered read the
first time. General debate shall be confined to the bill and not exceed
2 hours equally divided and controlled by the chair and ranking
minority member of the Committee on Appropriations.
The gentleman from New Jersey (Mr. Frelinghuysen) and the gentlewoman
from New York (Mrs. Lowey) each will control 60 minutes.
The Chair recognizes the gentleman from New Jersey.
Mr. FRELINGHUYSEN. Mr. Chairman, I yield myself 6 minutes.
Mr. Chairman, I rise today to present an amendment to H.R. 3219, the
Make America Secure Appropriations Act. This legislative package
provides critical appropriations for national security, including for
the Department of Defense, the Department of Veterans Affairs, the
Department of Energy's nuclear programs, and the Legislative Branch
bill.
My colleagues, this is the primary constitutional duty of the
Congress: to ensure the safety of the homeland and the American people.
This legislation is carefully crafted to meet that responsibility:
funding our critical military priorities, supporting veterans, and
making our borders more secure.
The core of this package is full-year funding for the Department of
Defense and the intelligence community. I thank Chairwoman Granger for
her leadership.
In total, the Defense portion of the bill provides $658.1 billion for
these functions, an increase of $68.1 billion in base discretionary
funding above the fiscal year 2017 enacted levels.
There is no doubt that this is a significant increase from the
current spending levels, and certainly from the last 8 years. But this
increase is vitally important to continue the process we started this
spring: to rebuild, repair, and re-equip our Armed Forces that we
started in the 2017 appropriations package.

{time} 1515

Mr. Chairman, Secretary of Defense Mattis has quite correctly made
readiness and modernization of our forces his top priorities.
It is a fact today that we have too many aircraft that cannot fly,
too many ships that cannot sail, and too many troops who cannot deploy
either because they are not properly trained or there are not enough of
them.
So how did we get there? Because in recent years, we have been just
getting by--reducing investments in our military as the world becomes
more dangerous, and avoiding tough choices.
The package before us today will sustain a much-needed rebuilding of
our military after a half decade of cuts, while our troops remained in
constant combat, as they do today.
We provided prioritized funding to necessary but unfunded equipment
and weapons platforms. We have boosted missile defense, a program that
has taken on critical importance as North Korea, unabatedly, tries to
marry its nuclear warheads with new ballistic missiles.
We increased funding for the vital training that prepares our
warfighter for any contingency. This legislation also supports our
military families. After all, they serve, too. We included a 2.4
percent pay increase for our servicemen and -women, the largest such
raise in 8 years, and they deserve it.
Within the Military Construction and Veterans portion of this bill--
and I thank Chairman Dent for his leadership--military infrastructure
funding has increased by 25 percent above current levels. We continue
our efforts to rebuild our Armed Forces by ensuring that our
warfighters have the support they need.
We cannot forget those who have served. This measure increases
funding to the Department of Veterans Affairs to 5 percent over current
levels to provide veterans and their families with access to medical
care and other benefits they have earned and deserve.
Within the Energy and Water section of this legislation--I thank
Chairman Simpson for his leadership--funding is prioritized for
critical nuclear programs that will help strengthen our security and
deter threats around the globe.
We also support the maintenance of our Nation's waterways and support
the work of the Army Corps to also ensure the resilience and security
of our electricity infrastructure.
We recommit to opening Yucca Mountain as a safe and secure location
to permanently store the Nation's nuclear fuel and high-level
radioactive wastes, and we promote basic science programs, which lay
the foundation for new energy technologies.
Finally, Mr. Chairman, this package also includes funding for
important legislative branch functions--and I thank Chairman Yoder for
his leadership--improving security to ensure

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that our Members, our staffs, and visitors to this wonderful Capitol
complex are always well protected.
Mr. Chairman, before I close, I offer thanks to members of the
Appropriations Committee for their hard work and tough decisions over
the past few months producing two appropriations bills, fiscal year
2017 and 2018, in less than 3 months.
As you know, we received the President's budget on May 23, just over
2 months ago, and since then, we have worked nonstop to put all 12
bills through the committee in record time. Each and every one of these
bills deserves to be sent to the President's desk. I look forward to
completing our work on all of our bills.
I also would like to extend my personal thanks to the entire
committee and to our remarkable staff for their hard work on these
bills and the eight yet to come.
Mr. Chairman, I reserve the balance of my time.

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Mrs. LOWEY. Mr. Chair, I yield myself 4 minutes.
Typically, the Legislative Branch, Military Construction and Veterans
Affairs, Energy and Water, and Defense bills would be debated and
amended by the full House individually. Regrettably, we are debating
this $790 billion so-called security minibus in only 2 hours for some
reason other than necessity. Substantive amendments chosen at the
discretion of the chairman of the Rules Committee will be debated for
10 minutes. We also expect $1.6 billion in border wall funding to be
added through a rules gimmick meant to prevent an up-or-down vote on
the wall.
The undemocratic maneuver by the Rules Committee to unilaterally
remove Congresswoman Barbara Lee's amendment to debate a new AUMF,
which received bipartisan support in the committee, is simply
outrageous. All the promises of Republican leadership of returning to
regular order have been broken.
I do, however, want to thank Chairman Frelinghuysen for conducting
business in the Appropriations Committee markups fairly and
collegially, as the minority offered amendments late into the night.
On top of the many procedural inequities, however, the majority's
increased defense spending is a mirage. Shattering budget control caps
would trigger automatic, across-the-board cuts of 13 percent to every
defense account. Yet, the majority pretends the sequester, which would
cut $72 billion in defense funding in this bill, isn't real.
I want to make it very clear that Democrats are ready to work with
our Republican colleagues to raise the caps on defense, but we must
also raise the caps on important domestic priorities. Playing politics
with the bill that funds the troops by inserting the toxic border wall
into it is really beyond the pale.
Why not include the FBI, or the entire Homeland Security bill? If the
intention is to pass security-related bills, securing our homeland goes
beyond the Department of Defense and our own budgets in the legislative
branch.
The Republican approach to funding our government for FY18 all but
guarantees a short-term, if not a full-year, continuing resolution--
just like every year. Democratic votes will be needed to enact
appropriation law, and I really do hope we will soon start to work
together again to invest responsibly in both defense and nondefense
priorities to grow the economy, create jobs, and secure the country.
As I conclude, I want to thank our distinguished chairman, Mr.
Frelinghuysen, and his outstanding staff, as well as my outstanding
staff.
The CHAIR. The time of the gentlewoman has expired.
Mrs. LOWEY. Mr. Chair, I yield myself an additional 1 minute.
However, I urge my colleagues to vote ``no'' on this bill which would
waste $1.6 billion on Trump's border wall, use fraudulent defense
numbers, gut critical investments in clean energy, include poison-pill
riders, and leave the remaining spending bills with no path forward.
Mr. Chair, I reserve the balance of my time.
Mr. FRELINGHUYSEN. Mr. Chair, I am pleased to yield 4 minutes to the
gentleman from Kentucky (Mr. Rogers), the former chairman of the full
committee and now the chairman of the State, Foreign Operations, and
Related Programs Subcommittee.
Mr. ROGERS of Kentucky. Mr. Chairman, thank you for yielding the
time. Congratulations to you on your maiden voyage in this role that
you are occupying--very expertly, I might add. During the forced march
that we undertook in the committee for the last 3 weeks, clearing all
12 bills through the full committee in a historically record time, we
had a good drill sergeant, Mr. Frelinghuysen. Thank you for doing a
great job.
We held 74 oversight and budget hearings, heard from over 400
witnesses, with the overarching goal that each of the 12 bills we
passed out of our committee addressed the needs of our constituents. I
am proud to say that these bills do just that--advance our national
defense and secure our borders, take care of our veterans, provide
critical infrastructure funding, increase resources to combat the
opioid epidemic, maintain our presence as a leader in global
diplomacy--all the while maintaining fiscal discipline.
I am disappointed that we won't consider all 12 of these bills before
the August recess, but this security package is an important step
forward. It will ensure that we, as the Congress, uphold our most
sacred responsibility to provide for our Nation's common defense.
Under the previous administration, our Department of Defense faced
needless uncertainty. I am proud that we are now turning the tide,
providing our troops and their commanders with the necessary resources
to respond to threats from countries like Russia, China, and Iran, as
well as crush the violent extremists who wish to do us harm.
As promised to the American people, we are rebuilding and modernizing
our military as an international powerhouse by better equipping our
troops, strengthening counterterrorism efforts, and reestablishing
confidence with our allies. At a time when our enemies continue to
advance around the globe, the U.S. must remain at the forefront of
military readiness and advanced technology to strengthen national
defense at home and abroad.
This bill also maintains our commitment to those brave men and women
after their service has come to a close, providing for greater
oversight and accountability at the VA and modernizing electronic
health records to help our veterans receive the high quality of care
they deserve.
I am also pleased that this legislation includes the Energy and Water
Appropriations bill, which funds many of our national security
interests and builds upon our country's essential infrastructure needs.
In particular, this bill protects the Appalachian Regional Commission,
ARC, from proposed elimination, and ensures that its critical programs
will continue in our hardest hit Appalachian coal communities.
Since 1965, ARC has led efforts to innovate, partner, and invest in
the region to build community capacity and strengthen economic growth.
These investments have led to the creation of thousands of new jobs. It
has improved local water and sewer systems, improved our schools,
increased access to healthcare, and provided critical assistance to
emerging businesses. After 8 years of strangulation by regulation in
the Obama administration's war on coal, Appalachia needs the ARC now
more than ever.
Mr. Chairman, thank you again for allowing me to speak on behalf of
this bill. Is it everything we wanted? No. It is critical that we
prioritize our national security, and that is what this bill does.
Mr. Chairman, the motto of our Appropriations Committee is this: ``A
vision without funding is a hallucination.'' Now we have got a
visionary leader in our chairman, but we have got to provide the
funding to make the dreams that we have come true, and that is what
Appropriations does.
Mrs. LOWEY. Mr. Chairman, I am pleased to yield 6 minutes to the
gentlewoman from Ohio (Ms. Kaptur).
Ms. KAPTUR. Mr. Chairman, I thank Ranking Member Lowey for the time,
and I also thank Chairman Frelinghuysen on his maiden voyage--not his
first voyage, but his first as chair of the full committee--and the
members of our fine subcommittee, and especially the staff.
I want to thank Chairman Simpson for his fine leadership and value
the hard work that he put into this bill and his congeniality
throughout the process.
I also want to thank our staff on both sides of the aisle for the
many hours of hard work and dedication: Taunja Berquam on our side,
Donna Shahbaz for the majority, and TJ Lowdermilk on my own staff.
I appreciate that the chairman has allowed robust funding to the
Corps of Engineers, which translates into real jobs from coast to
coast.

{time} 1530

I also am pleased that this bill restores the more than $900 million
that the administration proposed to cut from the science account and
provides reasonable funding for energy-saving weatherization in both
cold and hot climates across our Nation.
Unfortunately, the artificially low allocation has forced the
chairman to make deep cuts to some of the most

[[Page H6361]]

important programs in the bill, most notably the Office of Energy
Efficiency & Renewable Energy.
Too many here in Washington have been fooled by the rhetoric that
poses a false choice between the environment and the economy. But,
today, 288,000 Americans work in auto industry supply chain jobs
manufacturing the parts that make vehicles cleaner and more fuel
efficient. In addition, 360,000 people work in the solar industry. The
single fastest growing job in America is wind turbine technician. An
investment in clean energy is an investment in American jobs and our
future.
The response of this bill?
An 83 percent cut from the Vehicle Technologies Office--now that is a
backwards move;
A 60 percent cut to the Advanced Manufacturing Office--and this
Member is unwilling to see that turn to the Chinese;
A 57 percent cut to solar energy--one of the fastest growing job
sectors in our country;
A 65 percent cut to wind energy; and
ARPA-E, the most complex new energy technologies, zero; the program
is eliminated.
These cuts cede the future to offshore competitors who are hacking
into our intellectual property and the bank accounts of firms involved
in these industries hundreds of times a month trying to coopt their
energy technology that American taxpayers have helped to develop.
In an era where Wall Street chases short-term quarterly profits and
ever-improving earnings reports, we owe it to our constituents and to
our progeny to play the long game--making investments that may take
decades to pay off, but they will. The longtime horizon in large
initial capital investments of the energy sector for America means
that, more than any other, path-breaking energy research needs Federal
support until it becomes commercially viable because energy research is
complex.
Though energy is an overlooked ingredient in economic supremacy,
those nations that master its dimensions are leading in economic
growth.
For decades, American Presidents have made statements targeting
energy independence. That makes national security sense. But this year,
that target is finally in sight. A recent Energy Information
Administration report expects the United States to be a net energy
exporter by 2026. The Department of Energy deserves great credit for
bringing us to this point.
Beginning back in the old 1970s and eighties when this all got
started, it took 30 years of Department of Energy support in concert
with the private sector to unleash the fracking revolution that has
helped change our world dramatically. Where was that technology
developed? At the Department of Energy, and it didn't happen in a year
or 2. It took years. The next revolution will be the clean energy
revolution. We must not forfeit that game.
Finally, I would like to raise my concerns over the controversial
riders that threaten not only the ultimate enactment of this bill, but
also our most precious resource: water. Exempting the repeal of the
Clean Water Rule from the Administrative Procedure Act cedes far too
much authority to the executive branch and is something that I cannot
support.
For that reason, and for the draconian cuts to clean energy, I must
urge my colleagues to oppose the Energy and Water portion of this
spending package. When those concerns are rolled together with busting
the spending caps and building an expensive border wall that doesn't
keep us safe or solve our immigration needs, I believe that there is no
excuse for any Democrat to support the overall bill before us.
Mr. FRELINGHUYSEN. Mr. Chairman, I am pleased to yield 5 minutes to
the gentlewoman from Texas (Ms. Granger) who is the chair of the
Defense Subcommittee.
Ms. GRANGER. Mr. Chairman, today we consider the Make America Secure
Appropriations Act which includes the Defense Appropriations bill for
fiscal year 2018. I ask all Members for their support of this very
important legislation.
Congress' number one responsibility is to provide for the defense of
this Nation. It is this bill that fulfills that most fundamental
constitutional duty. This is urgent because the world is more dangerous
and unstable than any time in recent history.
North Korea is increasing the frequency of their missile tests,
threatening American soil and our allies. On the Fourth of July, they
launched an intercontinental ballistic missile.
Russia continues to create instability in Ukraine, the Baltics, and
the Balkans. They recklessly support and protect President Assad, the
tyrant who has murdered thousands of Syrian men, women, and children.
These actions hinder our fight against ISIS.
China is militarizing the South China Sea and modernizing their
military at an alarming pace. Just this week, Chinese fighter jets flew
close to a U.S. reconnaissance aircraft in an aggressive and dangerous
manner.
Iran is increasing its influence in Iraq, Syria, and Yemen, and they
remain hostile. Just yesterday, an Iranian vessel pursued a U.S. Navy
ship at a high speed in the Persian Gulf, forcing our ship to fire
warning shots to halt the aggression.
Meanwhile, ISIS and al-Qaida terrorists continue to spread their
perverted version of Islam across Europe, Africa, Asia, and the Middle
East.
All of our adversaries are acting in an aggressive and emboldened
manner. We must ensure that the U.S. military is prepared to confront
anyone who threatens us. This can only be done by reversing the years
of budget instability, sequestration, and continuous cuts.
Since becoming chair, I have made it my priority to listen first and
foremost to our defense and intelligence experts, and this bill before
you reflects their expert advice. This bill provides Secretary of
Defense Mattis the resources he needs to rebuild our military and form
a new national defense strategy.
It has been an honor to work with my ranking member, Mr. Visclosky,
who has played a valuable role in this process. I want to thank Mr.
Frelinghuysen, Ranking Member Lowey, and all the members of the Defense
Subcommittee for their involvement and their contributions.
I would also like to thank the staff of the Defense Subcommittee:
Jennifer Miller, Sherry Young, Walter Hearne, Brooke Boyer, B.G.
Wright, Adrienne Ramsay, Allison Deters, Cornell Teaugue, Collin Lee,
and Matt Bower; as well as Rebecca Leggieri, Jennifer Chartrand, and
Chris Bigelow on the minority staff.
From the personal staff, I thank Johnnie Kaberle, Jason Schenck, Joe
DeVooght, and Adam Kahnke.
In closing, I must remind the House of Joint Chief of Staff Chairman
Dunford's words when he told us that ``without sustained, sufficient,
and predictable funding, I assess that within 5 years we will lose our
ability to project power; the basis of how we defend the homeland,
advance U.S. interests, and meet our alliance commitments.''
To ensure this doesn't happen, the bill includes $28.6 billion above
the President's request for a National Defense Restoration Fund. We
must keep this funding intact.
We need to heed Secretary Mattis' warning and give our military what
it needs--no less. This is not a partisan issue. Again, I ask all my
colleagues for their support.
Mrs. LOWEY. Mr. Chairman, I am pleased to yield 6 minutes to the
distinguished gentlewoman from California (Ms. Roybal-Allard) who is
the ranking member of the Subcommittee on Homeland Security.
Ms. ROYBAL-ALLARD. Mr. Chairman, it is difficult to understand how a
Make America Secure Appropriations minibus does not include the bill
for the Department of Homeland Security which is responsible for
security at our borders, security in the coastal maritime environment,
security for air and surface transportation, security of cyber networks
and critical infrastructure, and helping State and local jurisdictions
prepare for, prevent, and respond to terrorist attacks and natural
disasters.
Instead of including the entire DHS funding bill in the minibus, the
majority is expected to use a second rule to insert just one part of
that bill--funding for the President's border wall--ignoring much more
pressing and immediate security needs.
Furthermore, because the Department has failed to submit to Congress
a required report laying out the long-term plan and justification for
border

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infrastructure, Members of Congress are unable to responsibly evaluate
the long-term border security strategy and comprehensively assess its
costs, benefits, and trade-offs.
Given this enormous $1.6 billion initial price tag, Members should,
at a minimum, have the opportunity to vote on it separately and in the
context of the entire Homeland Security bill. I submitted an amendment
to prohibit the use of funds for border wall construction, and I hope
the Rules Committee will make it in order.
While I do not support the DHS bill in its current form, I firmly
believe the House would be in a stronger position to make a more
informed and responsible decision on how best to invest these $1.6
billion in the context of debating and amending the entire Department
of Homeland Security funding bill.
For example, instead of using $1.6 billion of taxpayer money for just
74 miles of border wall, we could pay for the first two heavy Coast
Guard icebreakers which are critically needed to help the United States
better counter the ever-increasing Russian presence in the Arctic.
Or we could invest in additional technology and hire thousands of new
customs officers at every air, land, and sea port of entry in the
United States, reducing wait times for travelers, better facilitating
the flow of commerce and contributing to economic growth.
This would also enhance our ability to intercept more illegal
narcotics and other contraband because, contrary to what some may
think, the vast majority of the worst illicit drugs flowing into our
country arrive through the ports of entry, not between the ports. In
2016, 86 percent of the heroin and 81 percent of the cocaine and
methamphetamine came through the ports of entry. In other words, more
physical barriers at the border--in addition to the 654 miles of
fencing already in place--is a misguided and ineffective strategy to
address drug smuggling.
In addition to the fact that we could be using these $1.6 billion for
more pressing security needs, I am concerned that, by including only
border wall funding from the DHS Appropriations bill, we would be
sending a terrible message to frontline homeland security personnel--
many of whom routinely put their personal safety at risk to serve our
country--that the President's border wall is more important than all
the work they do.

Mr. Chairman, when it comes to the security of our Nation and the
American people, we in Congress have an obligation to act in their best
interests and to invest their tax dollars wisely. If the only homeland
security item in this bill is funding for 74 miles of border wall, we
will fail to meet that obligation.
This bill should not include funding for a border wall, and the House
should have an opportunity to vote on this funding in the context of
the entire Homeland Security funding bill.
Mr. Chairman, I urge a ``no'' vote on this bill.
Mr. FRELINGHUYSEN. Mr. Chairman I am pleased to yield 5 minutes to
the gentleman from Idaho (Mr. Simpson) who is the chair of the Energy
and Water Development and Related Agencies Subcommittee on
Appropriations.
Mr. SIMPSON. Mr. Chairman, it is my distinct honor to bring the
fiscal year 2018 Energy and Water bill before you today.
Before I go into the details, I would like to recognize Chairman
Frelinghuysen. It is because of his leadership and unswerving
commitment to the appropriations process that our committee has managed
to bring 12 bills through the full committee process and have them
ready for consideration by the House.
I would also like to thank Ranking Members Lowey and Kaptur. As
always, their thoughtful approach to issues has made this a better
bill.
The bill totals $37.6 billion, which is $209 million less than last
year's level and $3.2 billion above the request.

{time} 1545

Increases over last year are targeted to those areas where they are
needed most: to provide for our Nation's defense and support our
Nation's infrastructure.
The bill provides strong support for the Department of Energy's
national defense programs. Weapons activities is funded at $10.24
billion, up $921 million from last year's level, to keep our Nation's
nuclear deterrent reliable and effective.
This increase will fully fund the ongoing stockpile life extension
programs and will make substantial progress toward addressing the
continued deterioration of infrastructure across the enterprise. The
recommendations for Naval Reactors is $1.49 billion, and includes full
funding for the Columbia-class ballistic missile submarine, formerly
referred to as the Ohio-class replacement.
Additionally, the bill provides funding increases across the
Department of Energy to defend against cyber attacks and, within
Electricity Delivery and Energy Reliability, to strengthen energy
sector cybersecurity preparedness, response, and recovery.
This bill addresses the critical infrastructure work of the Army
Corps of Engineers, providing a total of $6.2 billion, an increase of
$120 million more than last year.
This recommendation makes full use of all annual revenues from the
Inland Waterways Trust Fund.
The harbor maintenance trust fund activities are funded at $1.34
billion, which is $40 million more than fiscal year 2017, an increase
of $375 million above the budget request, and the same as the WRDA
target.
The bill provides $74 million more than last year for flood and storm
damage reduction activities.
This is a responsibile bill, one that makes some difficult choices in
order to prioritize the most critical Federal programs. As a result, as
has been mentioned already, this bill eliminates the Advanced Research
Projects Agency-Energy--or ARPA-E, as it is known--and the title 17
loan guarantee program of the Department of Energy, as proposed by the
President.
I realized some people are concerned about that. These are programs
that I happen to like also. But this is what happens when you are $20
trillion in debt: you have to make tough choices. And that is what the
Appropriations Committee is doing: making some of the difficult choices
that we have to make.
This bill includes a number of targeted investments above the budget
request to ensure a secure, independent, and prosperous energy future.
Mr. Chairman, this is a strong bill that will protect our national
security interests, address our most pressing infrastructure needs, and
advance our economy. I urge everyone to support it.
I would like to thank the staff of the Energy and Water Committee,
both ranking and minority members, and of the full committee, for the
work they have done in making sure we can get this bill to the floor.
Again, I urge Members to support this bill.
Mrs. LOWEY. Mr. Chairman, I yield 6 minutes to the gentleman from
Ohio (Mr. Ryan), the distinguished ranking member of the Subcommittee
on the Legislative Branch.
Mr. RYAN of Ohio. Mr. Chairman, while I rise to oppose this
appropriations package, even though the Legislative Branch division of
this package is worthy of our support, I commend Chairman Yoder both
for the product and for the way he reached across the aisle to work
with me and other members of our committee and the minority in this
process.
For all of their hard work, I would also like to thank Liz Dawson,
who is on their team; Jenny Panone and Tim Monahan from the Legislative
Branch minority staff; Joe Eannello from Chairman Yoder's office; Adam
Berg on the minority staff; and Anne Sokolov and Ryan Keating on my
team.
This year's Legislative Branch appropriations bill would, among other
things, allow us to catch up on some deferred maintenance in our
buildings; invest in information technology to modernize the Library of
Congress, Congressional Research Service, and Copyright Office; and
adjust to the new cybersecurity environment faced here in the United
States Congress.
I am also pleased to see that this bill provides additional funds for
the Sergeant at Arms and the Capitol Police to increase congressional
security in the wake of the tragic shooting at our congressional
baseball practice several months back.
Our goal is to give them the resources they need to maintain the
security on the Capitol campus and increase their coverage of Members
and

[[Page H6363]]

gatherings of Members that might be targeted. It is the responsibility
of the House to look out for our safety and the safety of our
constituents and staff, and the funding included in this bill is a step
in the right direction.
There are things I hope we can improve on as the bill moves forward.
For example, I would like to see more money for personnel at the
Library and CRS, not just for information technology; and more for the
Government Accountability Office, which is flat-funded in this budget.
Because of inflation, GAO will have 200 fewer employees than expected
at the end of the year.
GAO's audits and investigations root out waste, fraud, and abuse in
government, something that we all agree upon here should be done. With
the Trump administration resisting all of this oversight, GAO is more
important today than it ever has been.
While I would support the Legislative Branch bill if it came to the
floor on its own, unfortunately, we are not considering it on its own.
I oppose tying $1.6 billion of wasted taxpayer money for President
Trump's border wall to the Legislative Branch bill. We need bipartisan,
comprehensive immigration reform, which would include smarter, more
effective enforcement of our laws.
A few years ago, the nonpartisan Congressional Budget Office said
immigration reform would reduce our deficit by $900 billion and
increase real GDP growth by over 3 percent. But simply building a
ridiculous wall that faces opposition from both Democrats and
Republicans won't do anything for our economy, and it isn't even a
cost-effective way to strengthen enforcement.
Besides, we were told repeatedly over the course of the last 18
months that Mexico would pay for the wall. They would ask the
President: Who is going to pay for the wall? Mexico is going to pay for
the wall.
Why is there a single dime of American taxpayer money for a border
wall that President Trump promised Mexico would finance?
I oppose the Republicans' partisan budget strategy. By refusing to
work with Democrats on a bipartisan budget deal that raises the Budget
Control Act caps, Republicans are seriously risking some combination of
sequestration, stopgap funding bills, government shutdown, and a
catastrophic default on our national debt.
Nondefense discretionary spending is one-sixth of the Federal budget.
Having already cut it to the bone, they are now sawing off the limbs.
The Labor, Health and Human Services, and Education Appropriations
bill; the Transportation bill; and the Financial Services bill that
funds consumer protections and regulation of big banks will all see big
cuts because of the draconian spending caps.
Today's package will squeeze out investments in our infrastructure,
jobs programs, early childhood education, scientific research, and all
the things that need to be priorities. We are turning our backs on
working families across the country who depend on these programs every
day.
We all believe in the free market system. We all believe in
capitalism. We all want to reward risk-takers and provide a good
environment for growth for those men and women who will make the
investments to hire the workers. But capitalism is not a perfect
system.
It is these programs in this bill that we need to fund to make sure
that we grow the entire economy, that we have sustained growth, we
invest in education, we invest in research, and we invest in
transportation infrastructure, in order for us to grow the economy.
As former Appropriations Chairman David Obey used to say, those
programs were about ``knocking the rough edges off of capitalism.'' On
this side of the aisle, we believe making those investments is best for
the economy. That is what is at stake.
Yes, we must adequately fund defense, veterans programs, and the
legislative branch of government. But that can't come at the expense of
everything else.
Mr. FRELINGHUYSEN. Mr. Chairman, I yield 5 minutes to the gentleman
from Pennsylvania (Mr. Dent), chairman of the Military Construction,
Veterans Affairs, and Related Agencies Subcommittee on Appropriations.
Mr. DENT. Mr. Chairman, the Appropriations Act before you today
includes, in division C, appropriations for Military Construction,
Veterans Affairs, and Related Agencies for Fiscal Year 2018. Division C
is exactly the same as the MILCON-VA bill reported favorably out of the
full committee on June 15.
Thanks to the leadership of Chairman Rodney Frelinghuysen from New
Jersey, Ranking Member Nita Lowey from New York, and the partnership of
Ranking Member Debbie Wasserman Schultz from Florida, this will provide
necessary funding for the Department of Veterans Affairs and military
construction projects. We were able to include the vast majority of the
subcommittee's over 1,000 Member requests.
This division demonstrates our firm commitment to fully supporting
our Nation's veterans and servicemembers. The total investment is $89
billion for Military Construction, VA, and Related Agencies, which is
$6 billion above last year's level.
This division provides comprehensive support for servicemembers,
military families, and veterans. We must make infrastructure
investments if we value readiness. This bill increases military
construction by 25 percent over last year's level, delivering on our
promise to the troops in line with the President's focus on national
defense.
It supports our troops with the facilities and services necessary to
maintain readiness and morale at bases here in the States and overseas.
It provides for Defense Department schools and health clinics that take
care of our military families.
This division funds our veteran healthcare systems to ensure that our
promise to care for those who have sacrificed in defense of this great
Nation continues as those men and women return home. We owe this to our
veterans, and we are committed to sustained oversight so that programs
deliver what they promise and taxpayers are well-served by the
investments we make.
The staff deserves credit for the sustained work and very long hours.
I would like to recognize Sue Quantius, Sarah Young, Tracey Russell,
Maureen Holohan, and Matt Washington on the committee staff, and Sean
Snyder on my personal staff.
On the military construction piece, this division provides a total of
$10.2 billion for military construction projects and family housing,
including base and overseas contingency operations funding, an
increase over last year's level and $197 million below the President's
request.

This funding meets DOD's most critical needs, including priority
projects for the combatant commanders and funding new mission
requirements.
It provide $737 million for military medical facilities. It provides
$249 million for Department of Defense education facilities for
construction of renovation of four schools. It supports our Guard and
Reserves through $575 million for facilities in 22 States.
It also funds military family housing at $1.4 billion. It provides
$178 million for the NATO Security Investment Program, which is $24
million over the President's request, to deal with increasing threats
and necessary investments overseas. Given all that is happening by
Russia's very bad behavior in Eastern Europe and elsewhere, this
investment is absolutely essential.
We were able to also include an additional $439 million in the
services' unfunded priorities, which are priority projects that were
not included in the budget request. It is very important to many
Members of this body.
On Veterans Affairs, the legislation includes a total of $78.3
billion in discretionary funding for the Department of Veterans
Affairs. That is a $3.9 billion increase, or 5 percent, above fiscal
year 2017 level. It is the highest level of VA funding ever provided.
On VA medical care, the bill funds it at $69 billion, the full
request, including an additional $2.6 billion beyond the advanced
appropriations to cover unanticipated needs. Many Members expressed
concerns about medical care issues, and were able to fully fund the
budget request for mental health services at $8.4 billion; suicide
prevention outreach at $186 million; homeless veterans treatment,
services, housing, and job training at $7.3 billion; opioid abuse
prevention at $50 million--we began that in the omnibus last year--
rural health initiatives at $250 million; and caregiver stipends at
$604 million.

[[Page H6364]]

{time} 1600

We repeat last year's bill language regarding improved standards for
the suicide prevention hotline. For disability claims processing, again
another issue very important to so many Members in this body, but
particularly to our veterans who are seeking services from the VA, or
benefits, we provide $2.9 billion, which is $50 million over the
request. As the number of disability applications increases, we need to
be vigilant to be sure that the claims backlog doesn't reappear.
The Acting CHAIR (Mr. Smith of Nebraska). The time of the gentleman
has expired.
Mr. FRELINGHUYSEN. Mr. Chairman, I yield an additional 30 seconds to
the gentleman.
Mr. DENT. Mr. Chair, this legislation also contains $65 million, as
requested, as VA switches gears and moves from modernizing its own
aging electronic health record to acquiring the record DOD is using.
The bill continues to include language restricting most of the funding
until the VA meets milestones and certifies interoperability to meet
statutory requirements.
Our bill increases the request for VA research funding by $58
million, to a total of $698 million, recognizing strong congressional
interest in the VA's research to combat devastating conditions like
PTSD and traumatic brain injury.
In major construction, we continue oversight of those projects,
holding back funding until it has contracted for outside management.
In closing, I ask Members to support this important piece of
legislation. It is very important to our servicemembers, our veterans,
and their families.
Mrs. LOWEY. Mr. Chairman, I yield 1 minute to the gentlewoman from
California (Ms. Pelosi), the Democratic leader.
Ms. PELOSI. Mr. Chair, I thank the gentlewoman from New York, the
distinguished ranking member of the Appropriations Committee, for
yielding, and more importantly, for her great leadership to advance the
values of our country in allocation of resources. And I always admire
the work of Mr. Frelinghuysen, our distinguished chairman, as well. We
may have a matter of disagreement here today, though.
Mr. Chair, all of us, Members of Congress, all elected officials,
people who serve in any office, take a solemn oath to support and
defend the Constitution, and that is an oath to protect the American
people.
Democrats, indeed all Americans, believe in a strong national
defense. We believe in strong investments in our defense and in our
brave men and women in uniform, in particular.
But far from strengthening our security, the falsely inflated numbers
in this spending bill will create uncertainty for our military and
hollow out America's communities at home.
We face serious threats in the world. We know that. Those threats
demand serious consideration in Congress. We should be making serious
decisions about our national security mission. What is our mission?
What are the resources that we need?
We don't want to spend more than we need, but we don't want to spend
less, and we should not be posturing in the Defense bill with false
numbers and no real answers about the mission that these dollars would
fund.
We do not give certainty to our defense or confidence to our troops
when we legislate with phony numbers when we refuse to make honest
choices about our Defense budget.
Instead of giving certainty to our heroes in uniform, this bill would
breach the sequester spending limit by more than $70 billion, forcing a
mandatory 13 percent cut to all Defense accounts.
These phony numbers in this bill not only do violence to our Defense
budget, they starve the strength of America by ransacking our domestic
investments.
In order to be the strongest possible America, we must measure our
strength not only in our military might, but in the health, education,
and well-being of the American people.
And that is what the problem is, that we are stealing from the
domestic budget with phony numbers for the Defense budget, which will
be because of the sequester cut to the Defense accounts by 13 percent
as we starve our domestic investments.
Besides the direct danger this bill poses to our military, it is
laden with poison pills. It would squander billions of taxpayer dollars
on President Trump's immoral, ineffective, and expensive border wall.
The President said, during the campaign, he said: ``I promise a
wall.'' No. He promised a wall that Mexico would pay for. He said it
would cost $4 billion to $6 billion. The fact is it could cost as much
as $30 billion, $40 billion, and he wants a down payment for that wall
in this bill--one poison pill.
It also eliminates ARPA-E, the advanced energy research vital to our
energy independence and to our national security to keep America the
innovation superpower of the 21st century.
Democrats will continue to demand real leadership to strengthen our
national defense.
Mr. Chair, on this day, July 26, 1948, President Harry Truman signed
the executive order desegregating the U.S. military. How great that was
for America. How great it is for our country to benefit from the
service of so many people who had been serving all along but now with
dignity and respect, which was justified.
So how sad it is on this same day that the President of the United
States, 69 years ago, recognized the value of respecting our men and
women in uniform, that the Commander in Chief, the President of the
United States, fired 15,000 courageous men and women in uniform in a
vile, hateful tweet. His actions regarding transgenders in the military
were unworthy of their bravery and unworthy of the American people.
Let us be thankful for the blessings of all of our men and women in
uniform, our veterans who have served us, and our military families to
whom we owe so much. Their courage, their service and leadership, and
their sacrifice are what truly makes us the land of the free and the
home of the brave, and it insists that we be serious and real and
evidence-based as we make decisions about how we invest in the security
of our country.

Mr. Chair, I urge a ``no'' vote.
Mr. FRELINGHUYSEN. Mr. Chairman, I yield 5 minutes to the gentleman
from Kansas (Mr. Yoder), the chairman of the Legislative Branch
Subcommittee on Appropriations.
Mr. YODER. Mr. Chairman, I rise today to speak in favor of the bill
before us, paying particular attention to the work of the Legislative
Branch Subcommittee.
I first want to thank my colleagues, Chairman Frelinghuysen and
Ranking Member Lowey, for their leadership; and Ranking Member Ryan,
who has been a gentleman and a scholar, for working with me to develop
this product, a great example of how representatives from opposite
sides of the line can work together and create a model bipartisanship
to build great legislation for the American people.
Our total recommendation for the fiscal year 2018 Legislative Branch
is $3.58 billion. In this bill, we focused on Capitol improvements,
better security, more transparency and accountability all in a fiscally
responsible manner.
First and foremost, Mr. Chairman, the House continues to lead by
example in its frugal operations. With this bill, we will be spending
12 percent below the 2010 levels, showing the American people fiscal
discipline starts here in our House operations first.
We also continue the policy of denying pay increases to Members of
Congress for the eighth fiscal year in a row. This Republican Congress
has tightened its belt since taking the majority, and we have never
allowed a pay increase for Members of Congress, and we aren't allowing
one today, saving taxpayers over $68 million since 2011.
In light of the recent shooting where Republican Members of Congress
were targeted for their beliefs and our colleague and majority whip,
Steve Scalise, was seriously wounded, this bill takes new focus on the
security related to Congress, and I would like to recognize the United
States Capitol Police Special Agents Crystal Griner and David Bailey.
As we all know in this body, the U.S. Capitol Police protect us, our
staff, and the more than 9 million visitors we get here each year with
bravery, putting their lives on the line each and every day to keep us
safe.
Special Agents Griner and Bailey put that heroism on display for the
country and the world when they saved numerous Members of Congress from
an

[[Page H6365]]

attack at practice where some 25 of our colleagues were preparing for
the Congressional Baseball Game for Charity. Their courage under fire
saved the lives of countless Members of Congress, staff, and innocent
bystanders, and both of them were wounded while carrying out their
duties.
Steve Scalise, Matt Mika, and Zack Barth, who were also injured that
day, and everyone else on that baseball field, are alive today because
of those Capitol Police officers, and we continue to wish a speedy
recovery to everyone who has been injured.
We, as a Congress, owe it to the Capitol Police to ensure they have
the necessary resources to meet their mission in an increasingly
polarized climate. And after working with Mr. Ryan, we believe we have
appropriately prioritized those needs, taking a comprehensive approach
to ensuring the safety and security of not only Members of Congress,
but our staff, visitors, and the constituents we serve.
We provide resources and make structural changes that will address
security concerns both here at the Capitol and in our home districts,
including $29 million in new resources to the Capitol Police for
increased security, $5 million to the House Sergeant at Arms for
district office security, and support for House Administration's
authorization to increase $25,000 per MRA account to address Members'
physical security when they are away from the Capitol complex. We also
invest new resources in cybersecurity measures to protect attacks on
our digital information.
After more than 20 hearings, briefings, and tours of various portions
of the Capitol complex since January, we have included $581 million in
total for the Architect of the Capitol. We recognize the continuing
challenge of preserving and maintaining our infrastructure and
prioritizing critical projects in the current fiscal climate.
We have included funding to restore and renovate House office
buildings, upgrade the Capitol Power Plant, and several other projects.
We fund a Revitalization Fund to finance major repairs and renovations
to facilities in the House for future years, and we are planning ahead
to try and save costs.
Overall, we provided $648 million for the Library of Congress, with
new funding going to IT improvements library-wide, as well as specific
copyright modernization initiatives.
In total, we provided $48.5 million for the CBO. Members of this body
on both sides of the aisle have their differences in opinion with CBO
estimates and how it arrives at those conclusions. In some cases,
frankly, the CBO is wrong, but, at the end of the day, it serves an
important purpose and needs the appropriate resources to do its job.
We also increased funding for the Government Accountability Office to
ensure that they root out fraud, waste, and abuse in government.
Mr. Chair, in crafting this project, Ranking Member Ryan and I sought
the thoughtful feedback of Members throughout this committee and this
body. There are various initiatives we can all be proud of, initiatives
that serve our constituents and produce efficiencies and transparency
in the way that Congress operates, including increasing openness and
transparency and producing efficiencies by publishing nonconfidential
CRS reports online, expanding the Wounded Warrior Project, which helps
Members hire veterans. We increased total slots by more than 57
percent.
In conclusion, in all, this bill represents a frugal approach at
funding the basic operations of Congress. We do so in a fiscally
responsible manner, keeping House budgets historically low and
prohibiting pay increases in Congress. We are improving transparency
and accountability at the same time.

I would like to thank Ranking Member Ryan and his staff, Anne Sokolov
and Adam Berg, as well as my staff, Tim Monahan, Liz Dawson, Jenny
Panone, and Joe Eannello, and to all the members of the subcommittee
for their work and participation in the process this year.
Mr. Chair, I urge this body support this legislation.
Mrs. LOWEY. Mr. Chairman, I yield 3 minutes to the gentleman from
Maryland (Mr. Hoyer), the Democratic whip.
Mr. HOYER. Mr. Chairman, I served actively on the Appropriations
Committee for 23 years. I am still a member on leave. Never, in the 36
years that I have been here, have I seen an omnibus appropriation bill
or a minibus appropriation bill brought to the floor before the August
break.
Regular order is to bring each bill to the floor, debate each bill on
its merit, have the opportunity to offer amendments, and debate the
merits of the amendments and of that particular bill. However, the
majority party has not done its job, and I do not hold accountable the
members of the Appropriations Committee. I want to make that clear.
But, for whatever reasons, regular order has not been followed, and
so each Member of the Congress of the United States is confronted with
either voting for all of the bill with component parts, the Legislative
bill, Energy and Water, MILCON-VA, Defense bill, that they may not
like, but if they vote ``no,'' they will be accused of being against
the security of the United States. That, my friends, is baloney.
In their pledge to America, Republicans said: ``We will advance major
legislation one issue at a time.''
This belies that representation. The sponsors of this minibus
package, Mr. Chair, claim it will make America more secure. I reject
that argument.
Senior military leaders have said that the greatest long-term threat
to our national security is the growing national debt and the impact of
interest payments on the debt as they crowd out our ability to invest
in defense and domestic priorities.

{time} 1615

It is incumbent upon us, Mr. Chairman, to work together to pass a
fiscally responsible budget agreement that lifts the sequester caps in
a way consistent with the principle of parity between defense and
nondefense spending.
Mr. Chairman, we were supposed to pass a budget on or before April
15. It is now July 26. We have passed no budget. There is no plan for
overall spending. This, therefore, is a pig in a poke, and nobody on
this House floor or in this country knows the ramifications of the
passage of this bill on the eight domestic spending bills that remain
unattended.
The Acting CHAIR. The time of the gentleman has expired.
Mrs. LOWEY. I yield an additional 2 minutes to the gentleman.
Mr. HOYER. It is incumbent upon us, Mr. Chairman, to work together to
pass a fiscally responsible budget agreement that lifts the sequester
caps. We cannot simply skip to appropriations without determining what
our budget priorities are first. It is as critical for our national
defense as it is for our ability to support economic growth.
Moreover, this is the earliest, as I have said before, that I can
ever remember that the House considered either an omnibus or minibus
appropriations bill. It is an acknowledgement by the majority that the
House will not be able to move these bills through under regular order,
given Republicans' internal divisions over spending bills. So instead
of working with Democrats to craft individual appropriations bills that
can pass the House, they are resorting to legislative tactics to push
them through on partisan votes.
I will remind my friends across the aisle that they have been unable
to enact a single funding bill in the past 7 years without ultimately
appealing to Democratic votes. So I urge my colleagues to reject this
minibus package and make it clear that we first ought to negotiate a
budget agreement that provides certainty and clarity to the entire
Federal Government, not just a handful of agencies. And we ought to do
it through an open and transparent process, with Members permitted to
offer amendments that can shape a budget and appropriations bills truly
reflective of the Nation's priority as a whole.
Mr. Chairman, I urge my colleagues to vote ``no'' so that we can get
on with an appropriations process that is in regular order, that makes
common sense, that is transparent, and that will give the American
public the best product that we can produce.
Mr. FRELINGHUYSEN. Mr. Chairman, I am pleased to yield 3 minutes to
the gentleman from California (Mr. Calvert), the chairman of the
Interior, Environment, and Related Agencies Subcommittee on
Appropriations.

[[Page H6366]]

Mr. CALVERT. Mr. Chairman, I rise in strong support of H.R. 3219, the
Make America Secure Appropriations Act.
First, I would like to commend Chairman Frelinghuysen for his
tireless work to report out all 12 appropriations bills in the
Appropriations Committee. He did it in record time and deserves a great
deal of credit for getting us to this point today. The four bills
included in H.R. 3219 reflect hours of hearings, staff work, Member
input, and bipartisan cooperation.
I would also like to express my gratitude to the chairs and ranking
members of the Defense; Energy and Water Development, and Related
Agencies; Military Construction, Veterans Affairs, and Related
Agencies; and Legislative Branch Subcommittees.
In particular, the Energy and Water division provides robust funding
for water infrastructure--over $67 million--to create needed water
storage in the West. I want to thank Chairman Simpson and his staff for
their hard work.
As a member of the Defense Subcommittee on Appropriations, I thank
Chairwoman Kay Granger for her leadership and her unwavering support of
our men and women in uniform.
I also would be remiss if I did not mention the professional staff of
the subcommittee, who dedicated countless hours to craft a bill that
meets the needs of the Department of Defense and reflects the will of
Congress.
Our greatest responsibility as Members of Congress is to provide for
the resources necessary to the men and women of our Armed Forces. This
bill includes $584.2 billion in base defense funding and $73.9 billion
for overseas contingency operations. It provides for a 2.4 percent
military pay raise and additional funding to increase end strength.
The bill provides robust funding for shipbuilding, aviation, combat
vehicles, and more. It invests in our greatest assets, the men and
women who wear the uniform, through increased funds through training,
equipment, and the best healthcare.
We are at a crossroads. Right now, our military continues to operate
at high tempo to carry out the national security interests of the
United States. However, in order to meet the next challenge, whatever
that may be, we must invest now. We know the situation we are in.
National Security Advisor McMaster has stated that the U.S. is
outranged and outgunned by potential adversaries. Out of the 58 brigade
combat teams, the Army only has 3 that are combat ready.
We have the lowest number of ships since World War I. And while
capability is important, the vast oceans of the world desperately need
our presence.
Only 7 out of 10 aircraft in the Air Force are ready to fly, and the
average age of aircraft across the service is 27 years. Airmen are
flying the same planes as their grandfathers.
Only 43 percent of the Marine Corps total aircraft inventory is
considered flyable. Our marines deserve better.
Today we have a chance to correct the course we have been on for the
last 8 years. The U.S. Constitution creates a government of the people
to ``establish justice, insure domestic tranquility, provide for the
common defense.'' This bill fulfills the promise enshrined in our
Constitution to secure the blessings of liberty by providing for the
defense of our Nation.

Mrs. LOWEY. Mr. Chairman, I am delighted to yield 6 minutes to the
gentlewoman from Florida (Ms. Wasserman Schultz), the ranking member of
the Subcommittee on Military Construction, Veterans Affairs, and
Related Agencies.
Ms. WASSERMAN SCHULTZ. Mr. Chairman, I thank the distinguished
ranking member for yielding me time and for her hard work during this
arduous process. And I would also like to thank Chairman Frelinghuysen
and Chairman Dent for their hard work as well.
As we all know, the Military Construction, Veterans Affairs, and
Related Agencies bill has a strong reputation for common ground and
bipartisanship. Chairman Dent, like always, set a cooperative tone and
was inclusive throughout this process. He has worked tirelessly to
address many Members' concerns, and I joined him in that effort, as
well as critical issues impacting our veterans and Active and Reserve
servicemembers.
The Military Construction portion of this minibus provides adequate
funding for both the Active and Reserve components. In addition, the
bill funds the NATO Security Investment Program at the FY17 level,
sending a strong message to our Nation's allies that we stand with them
as we continue to face evolving international threats.
For the Department of Veterans Affairs, this bill provides $3.9
billion, which is a 5.3 percent increase over FY 2017.
I am also pleased that this bill will address the issue of breast
cancer awareness and prevention and provides almost $700 million for
medical research, which will fund essential efforts, such as those to
address TBI and PTSD, develop state-of-the-art prosthetics, care for
victims of military sexual trauma, and treat veterans suffering from
mental illness.
The bill also continues to fund important programs to combat veteran
homelessness, provide our vets with effective and timely healthcare,
and improve the veteran benefits application process and appeals
process.
I am also extremely grateful for Chairman Dent's support for in vitro
fertilization and coverage for assisted reproductive technologies for
veterans who have sustained a service-connected injury that impacts
their fertility. This issue is very important to me and to so many
servicemembers. All veterans deserve to be able to start families.
Moreover, providing access to IVF is consistent with the VA's goals to
support veterans and improve their quality of life.
On a personal note, this bill will also address the issue of breast
cancer awareness and prevention.
This past spring, our subcommittee visited the Washington VA Medical
Center. We learned that the VA was relying on the controversial USPSTF
guidance for mammography in making coverage decisions.
Last Congress, we passed a law that barred private insurers from
making coverage decisions based on these guidelines through 2018.
However, the moratorium did not apply, we learned in that visit to the
VA, and so women in their forties who were veterans could be denied
coverage for mammograms. To its credit, the VA changed its guideline
regarding screening, and with Chairman Dent's support, language is
included to hold the VA to this better standard.
As I stated during my testimony before the Rules Committee, Mr.
Chairman, it is my sincere belief that if the MILCON-VA bill were being
considered as a stand-alone, as is tradition, under an open rule, it
would receive strong bipartisan support. But, unfortunately, that is
not what we are doing here today.
Instead of following regular order, we, instead, are taking up four
bills at once and adding funds to begin construction on President
Trump's irresponsible border wall that he promised Mexico would pay
for, and now taxpayers are being stuck with the bill. This fiscally and
morally irresponsible expenditure leaves the nondefense appropriations
bills grossly underfunded.
Furthermore, contrary to popular belief, this bill isn't even great
for defense. All this talk about making sure that we provide adequate
resources for our defense and our national security ignores the fact
that the Budget Control Act provides additional funds that would
ultimately be sequestered without a cap adjustment. This minibus would
breach this cap by more than $72 billion, resulting in a mandatory 13.2
percent sequester of all defense accounts, including the Military
Construction title.
And, by the way, I have said this repeatedly each time I have spoken
on this legislation, and never once has anyone in the majority
countered what I am suggesting. That is deeply troubling.
So even if this bill is signed into law, which it will not be, DOD
would not receive one dollar of this increase.
Secretary Mattis testified ``sequestration and the continued use of
continuing resolutions would result in a steady erosion of military
readiness.'' That is the only outcome this bill guarantees. By taking
up this minibus today, we are setting ourselves up for failure, and we
have set ourselves up

[[Page H6367]]

for an early fall with no real progress to be made on the FY 2018
appropriations bills.
Mr. Chairman, we cannot continue to govern in this fashion. I believe
it is time that we stop listening to the most extreme voices and get
past these unrealistic beliefs that we can cut our way to prosperity.
We cannot. If this failed philosophy persists, our work will only get
more difficult.
It is clear that passing any appropriations bill that will be signed
into law will require a bipartisan majority of both Houses. As a result
of this irresponsible posture, I will sadly be voting against the
minibus, and I look forward to working towards an appropriations
product that both parties can work on together in true bipartisan
tradition.
Mr. Chairman, lastly, before I close, I thank our staff in the
MILCON-VA bill on both the majority and the minority side: Maureen
Holohan, Sarah Young, Sue Quantius, Sean Snyder, and Tracey Russell
with the majority; and Matt Washington, Rosalyn Kumar, and Jonathan
Steinberg with the minority.

Mr. FRELINGHUYSEN. Mr. Chairman, I am pleased to yield 2 minutes to
the gentleman from Mississippi (Mr. Palazzo), a valuable member of the
committee.
Mr. PALAZZO. Mr. Chairman, I rise in strong support of the Make
America Secure Appropriations Act.
As a member of the Appropriations Committee, I have witnessed
firsthand the hard work that Chairman Frelinghuysen and his
subcommittee chairmen have put into crafting this bill. They all should
be congratulated for their work on this legislation, and so should
their staffs.
I firmly believe that the number one constitutional responsibility of
Congress is to provide for the common defense of this Nation against
all enemies, both domestic and foreign. That commitment, by increasing
defense funding and restoring the cuts and budget shortfalls that
threaten our military readiness and our ability to project force around
the globe, is honored here today.
Our bill also honors those who serve our country in the Armed Forces
by giving them a much-deserved 2.4 percent pay raise and making
critical investments in equipment and training that help them perform
the missions we give them and, most importantly, help them return home
safely to their loved ones and their families and communities. This
includes 11 Navy ships, including two destroyers for our Navy and a new
LHA for our Marines. And I am proud to say that some of these ships
will be built in my district by the greatest shipbuilders on Earth.
The bill also honors the service of our veterans. Our commitment
doesn't stop when our men and women in uniform stop serving. We must
continue to support them after they leave service, and this bill does
just that, funding mental healthcare, care for our homeless veterans,
and other national priorities.
In addition, this bill makes critical investments in our Nation's
border security, including fully funding the President's request for a
physical barrier construction along our southern border. The President
has promised this funding, the American people want this funding, and
today the House is making good on that promise--after all, border
security is national security.
Mr. Chairman, this is a solid bill. It honors our commitments, it
keeps Americans safe and fulfills our obligation to all those who serve
this great country.
Mr. Chairman, I urge my colleagues to support the underlying
legislation.

{time} 1630

Mrs. LOWEY. Mr. Chairman, I yield 6 minutes to the gentleman from
Indiana (Mr. Visclosky), the ranking member of the Subcommittee on
Defense.
(Mr. VISCLOSKY asked and was given permission to revise and extend
his remarks.)
Mr. VISCLOSKY. Mr. Chairman, I thank the ranking member for yielding
to me.
Mr. Chairman, I, first of all, thank Chairwoman Granger. This is her
first time leading the Defense Appropriations bill on the floor. She
has done so under very difficult circumstances, with a steadfast
commitment to maintaining the tradition of cooperative bipartisanship
on our subcommittee, maintaining transparency, and taking a thoughtful
approach to solving problems.
Mr. Chairman, I would also like to express my immense gratitude to
Chairman Frelinghuysen, Ranking Member Lowey, the members of our
subcommittee, and our exceptional staff for all of their hard work.
Mr. Chairman, we have a duty to provide predictable and timely
appropriations to the Department of Defense and the rest of the Federal
Government. This is a consistent request by our senior Defense leaders.
However, the House bills exceed the cap of fiscal year 2018 defense
spending established under the Budget Control Act of 2011 by $72.5
billion.
If enacted as written and the budget control caps remain in place,
the Department of Defense would face a sequestration of roughly 13
percent. The Department has still not recovered from the rash of
problems caused the last time it was forced to deal with sequestration
in 2013. In the second half of that fiscal year, the Department savaged
its operations and maintenance accounts to continue ongoing contingency
operations and to protect military personnel accounts. This resulted in
the Navy idling an aircraft carrier at a pier in Norfolk, the Army
canceling training rotations, and the Air Force reducing flight times
for its combat aircraft, and widespread civilian furloughs. We simply
cannot allow that to happen again in fiscal year 2018.
We have avoided sequestration in the last 4 fiscal years by adjusting
the budget caps for both defense and nondefense appropriations. Those
modest adjustments, done in a bipartisan and bicameral fashion,
provided needed funding for our military, but also for our country's
economic and physical infrastructure, scientific research, public
health systems, and veterans' care.
Besides my frustration with the process, I have concerns about the
significant increase in funding that this bill will provide to the
Department: $60 billion more than last year and $29 billion more than
requested by the administration.
I support providing additional funds to the Department, as I believe
we are asking too much of our brave servicemembers and their families,
but, putting it mildly, the world is also an unsettled place and not
trending towards stability. But that being said, I believe that the
Department will have great difficulty spending so many additional
dollars in a timely and efficient manner.
Vacancies continue in important leadership positions. Hiring
restrictions on civilian employees and a handful of ongoing strategic
reviews will all slow the decisionmaking process. It is also unlikely
that Congress will complete its work in a timely manner by October 1,
and that any dollars provided will have to be spent in a compressed
time period.
Additionally, I am not convinced that the administration evaluates
dollars being spent on the military with the same criteria as it does
with the rest of the Federal Government.
In the Office of Management and Budget's Major Savings and Reform
document for fiscal year 2018, it was a page-turner. With 150 proposals
to allegedly save billions in discretionary programs, there was only
one recommendation in 150--one--for the Department of Defense, with a
potential to save only $2 billion by 2027. With a budget of roughly
$600 billion a year, representing nearly half the discretionary
spending, it is beyond the pale that OMB could only come up with a
single savings point for the Department of Defense.
One final point is that I am highly disappointed that the Republican
leadership has watered down language during committee markup regarding
the Authorization for Use of Military Force. Representative Barbara
Lee's language would have established an eminently reasonable approach
to updating 2001 legislation in authorization.
Congress must stop hiding from the debate, and carry out its
constitutional responsibilities to support our troops in uniform and
the civilian support staff that helps them out.
Mr. Chairman, in closing, I would like, again, simply to reiterate my
thanks to the members of our subcommittee and committee, and for our
sterling staff who have done a superb job under the most difficult
circumstances that I could imagine.

[[Page H6368]]

Mr. FRELINGHUYSEN. Mr. Chairman, I yield 2 minutes to the gentleman
from New Jersey (Mr. Lance), a strong supporter of national defense.
Mr. LANCE. Mr. Chairman, I thank Chairman Frelinghuysen for yielding
to me, and I thank him for his tremendous leadership as chairman of the
Appropriations Committee. New Jersey and, indeed, the entire Nation are
fortunate to have Mr. Frelinghuysen as chairman of this critical
committee.
Under the chairman's leadership, all spending bills have advanced out
of the committee, and now, today, we consider a package that affirms
one of Congress' most important responsibilities: to provide for the
common defense.
Included in this legislative package is an important measure that
opens reports by the Congressional Research Service and opens those
reports to the public. I have been involved in this issue for some
time. Mr. Chairman, I thank Chairman Frelinghuysen and subcommittee
Chairman Yoder for their support of this measure.
American taxpayers spend more than $100 million a year supporting the
work of the Congressional Research Service. Their findings, reports,
and analyses should be public information. It is good public policy to
allow educators, students, members of the news media, and everyday
citizens across the Nation to have access to CRS's nonpartisan,
taxpayer-funded reports.

By providing public access to CRS reports, we can elevate our
national discourse and make it easier for citizens to cut through the
misinformation that is too often involved in the national debate.
Citizens should have full access to the same neutral, unbiased
information that many of us in Congress use to help us make important
decisions.
CRS is governed by requirements for accuracy, objectivity, balance,
and nonpartisanship--the very sort of analysis sought and valued by
engaged constituents.
Mr. Chairman, I, again, commend the chairman for including this
measure in the Legislative Branch title. This is one of many victories
for taxpayers in this important bill.
Mrs. LOWEY. Mr. Chairman, I yield 3 minutes to the gentlewoman from
Connecticut (Ms. DeLauro), the ranking member of the Subcommittee on
Labor, HHS.
Ms. DeLAURO. Mr. Chairman, I rise in opposition to this bill.
What does this bill do?
It would force the Office of Management and Budget to issue an
across-the-board budget cut for defense spending come January.
Why?
Because the House appropriations bills exceed the defense budget
spending cap by more than $72 billion. I might add that both Democrats
and Republicans voted for these spending caps for defense spending and
for nondefense spending.
So the defense funding in the bill, their numbers are, in essence,
fake. These are fake numbers. Republicans have no plan to raise both
our need to support our national security and military readiness and
our need to support hardworking middle class families who are
struggling to get by.
So if these bills are enacted, the only way to avoid this across-the-
board defense spending cut is if we had another budget deal to revise
the bipartisan Budget Control Act, which established spending caps for
defense spending and for nondefense spending.
Now, add to that, since military pay is usually exempt from budget
cuts, if this bill and the other House appropriations bills are signed
into law, the Office of Management and Budget, by law, would be
required to cut defense spending by more than 13 percent, or $72
billion. We would need a new budget agreement so that we can increase
both defense spending and nondefense spending to meet the needs of our
country.
My friends, this is not going to happen; hardly likely.
The biggest economic challenge of our time is that too many people
are in jobs that do not pay them enough to live on. We must invest in
programs that provide opportunities for hardworking Americans to be
able to improve themselves and for our economy to grow. We need a
country that works for the middle class and for the vulnerable, not
just the wealthy and those with the most lobbyists.
This budget process is irresponsible, and our military and our
hardworking families will all be shortchanged. This is unacceptable.
Congress needs to negotiate another budget deal that increases both
the defense and the nondefense spending caps. The spending levels in
the Defense bill are impossible to achieve unless there is a new budget
deal and it is reached.
So, again, the numbers are fake. If you vote ``yes'' on this, you are
voting for a pig in a poke. I urge my colleagues to vote against this
bill.
Mr. FRELINGHUYSEN. Mr. Chairman, I yield 4 minutes to the gentleman
from Idaho (Mr. Simpson) for the purpose of a colloquy.
Mr. SIMPSON. Mr. Chairman, I yield to the gentleman from Alaska (Mr.
Young) for the purpose of a colloquy.
Mr. YOUNG of Alaska. Mr. Chairman, I thank both Chairman Simpson and
Chairman Frelinghuysen for their work on this legislation, but I would
like to engage in this colloquy about the Denali Commission in Alaska.
My proposal would have restored funding for the Denali Commission to
its fiscal year 2017 level to continue the great work that it does to
support the constituents of the rural areas of Alaska. My proposal
would also restore the 2017 funding levels for the Appalachian Regional
Commission, the Delta Regional Authority, and the Northern Border
Regional Commission.
The Denali Commission started in 1998 with Senator Stevens as an
independent Federal agency designed to provide critical utilities,
infrastructure, and economic support throughout Alaska. With the
creation of the Denali Commission, Congress acknowledged the need for
increased interagency cooperation and a focus on Alaska's remote
communities.
The Denali Commission operates in the most geographically diverse and
challenging area in America, twice the size of Texas. In fact, this
area would encompass both the Delta Regional Authority and the
Appalachian Regional Commission. I continue to believe the Denali
Commission is a model of efficient and innovative government. The
Commission has also improved the living conditions of rural areas of
Alaska.
Mr. Chairman, Mr. Simpson has done the best he can, and you cannot
believe all the programs that the Denali Commission provides for the
State of Alaska and my constituents. I would appreciate Mr. Simpson
looking at maybe a future time that we could fund it at the level that
we were in 2017.
Mr. Chairman, I do urge Mr. Simpson, as the chairman, to understand
how important the Denali Commission is to Alaska.
Mr. SIMPSON. Mr. Chairman, reclaiming my time, I appreciate my
colleague's statement on the Denali Commission. He is a strong advocate
for Alaska and the important work that the Denali Commission conducts
in the State.
The House mark this year supports the Denali Commission and its
efforts rather than the administration's request to terminate the
agency.
The elimination of the Denali Commission would have deprived many
communities of essential infrastructure and economic development
projects.
In a time of economic change, these communities can scarcely afford
to lose the millions of dollars in private investment leveraged by the
Commission annually.
In the event the subcommittee receives additional funding in
conference, I would be happy to work with my colleague to ensure the
Denali Commission is provided sufficient funds to support their efforts
in his State.
Mr. YOUNG of Alaska. Will the gentleman yield?
Mr. SIMPSON. I yield to the gentleman.
Mr. YOUNG of Alaska. Mr. Chairman, I appreciate the fact that Mr.
Simpson just mentioned it was eliminated by the administration, and he
did restore some of the money. I am just requesting that, if he gets
any more money, we would look for it in the Denali Commission so that
the work it has done is well rewarded.
Mr. Chairman, I thank both the chairmen for the work they have done
establishing the Denali Commission in past years, and let's go forth.
Mr. SIMPSON. Mr. Chairman, I look forward to working with the
gentleman from Alaska.

[[Page H6369]]

{time} 1645

Mrs. LOWEY. Mr. Chairman, I am delighted to yield 3 minutes to the
distinguished gentleman from Washington (Mr. Kilmer), the distinguished
vice ranking member of the committee.
Mr. KILMER. Mr. Chair, I want to thank the chairman and our ranking
member. I have great respect for both of them.
Mr. Chair, the most important responsibility we have is to keep our
Nation and our citizens safe. In order to fulfill that responsibility,
we have a commitment to those who serve, that they will have the
training and equipment and support that they need to be the most
capable fighting force the world has ever seen.
We also have a commitment to the men and women who serve that we will
have their back, not only when they are on duty, but when they come
home.
This Congress should support a pay raise for our Nation's troops.
This Congress should support a cutting-edge Naval fleet. This Congress
should make sure that we can say that every veteran will get the care
that he or she has earned.
But this Congress should also be opposed to a bill that puts the
Department of Defense right in the path of the across-the-board
spending cuts known as sequestration.
Now, I admit, I had not heard of sequestration until I first ran for
this job. It turns out it is a Latin word for stupid, because when you
face our military leaders, even in my district, they have implored this
Congress to do away with the bind that sequestration threatens to put
them in. They think this is a bad idea.
But what we are doing this week ignores the advice of our top
commanders and our military experts. Instead, it would put the
Department of Defense on a collision course with sequestration. That
would mean harmful cuts, across-the-board cuts to our military,
regardless of priority.
The failure of this Congress to pass a legitimate budget is a
disservice to our Armed Forces and to every man and woman who serves in
it. We should be giving those in uniform certainty that their paychecks
will arrive on time, that their gear will be the best, that they will
get the training that they need, and that cuts won't hurt their
readiness.
So let's get serious about a budget. Let's vote down this bill and do
better. Pass a responsible bill.
Listen, a majority of the Members in this Chamber are willing to
support a plan that not only funds our military, but also makes sure we
don't approach yet another government shutdown. That is what the
American people sent us here to do, Mr. Chair. Let's listen to their
voices.
Mr. FRELINGHUYSEN. Mr. Chairman, I am pleased to yield 4 minutes to
the gentleman from Texas (Mr. Smith), the distinguished chairman of the
Science, Space, and Technology Committee.
Mr. SMITH of Texas. Mr. Chairman, I thank the chairman of the
Appropriations Committee for yielding me time.
I am very pleased to support H.R. 3219, the Make America Secure
Appropriations Act of 2018, especially because it includes H.R. 3266,
which provides appropriations for the energy programs within the
Science, Space, and Technology Committee's jurisdiction.
Chairman Simpson, who is on the floor behind me, has worked closely
with us on the Science, Space, and Technology Committee to include
responsible, pro-science funding levels for the Department of Energy.
Chairman Simpson, your leadership and cooperation have been
exceptional and are much appreciated. Thank you for your leadership in
passing this legislation that sets America on a path to remain the
world's leader in innovation.
The appropriations included in this legislation are consistent with
the America COMPETES Reauthorization Act, which passed the House last
Congress. This bill also funds programs authorized in H.R. 589, the DOE
Research and Innovation Act, which passed the House earlier this year
and was the product of over 3 years of work by the Science, Space, and
Technology Committee to advance basic research and set clear science
priorities for the Department of Energy.
American industry relies on Federal support for basic research to
produce the scientific breakthroughs that fuel technological
innovation, new industries, economic growth, and good jobs.
Around the country, scientists at our National Labs and universities
are conducting groundbreaking, basic science research that provides the
foundation for next generation technology in energy, medicine, and
manufacturing.
This legislation provides strong support for the Department of
Energy's Office of Science at $5.4 billion for fiscal year 2018. The
Office of Science will get increased funding for research in basic
energy sciences, high-performance computing, nuclear physics, high-
energy physics, and fusion energy.
The strong support for the Office of Science in the appropriations
bill will prioritize the basic research programs that are the core
mission of the Department and the National Labs and lead to scientific
discoveries that can provide benefits across the economy.
This legislation also includes responsible funding for DOE's applied
programs, prioritizing early-stage research in electricity, energy
efficiency, renewables, fossil, and nuclear.
An example of such critical early-stage energy research involves
nuclear energy where the bill's funding supports the priorities
outlined in the Nuclear Energy Innovation Capabilities Act, which
passed the House as a part of H.R. 589. That legislation, sponsored by
Energy Subcommittee Chairman Randy Weber of Texas, combines the
strengths of the National Labs, universities, and the private sector to
develop advanced nuclear technology. This technology is our best
opportunity to provide reliable, emission-free electricity.
The Acting CHAIR. The time of the gentleman has expired.
Mr. FRELINGHUYSEN. Mr. Chairman, I yield the gentleman an additional
1 minute.

Mr. SMITH of Texas. I thank the chairman of the committee for
yielding me an additional minute.
This appropriations bill also includes funding to begin design and
construction for the research reactor authorized in H.R. 589, which
will provide access to the fast neutrons necessary to enable the next
generation of nuclear energy technology.
As we shape the future of the Department of Energy, our priority must
be basic and early-stage research that only the Federal Government has
the incentives and resources to support and pursue. This will empower
private sector innovators to develop and demonstrate resulting new
capabilities that will attract the capital investments needed to take
energy technology to the marketplace, creating jobs and expanding our
economy.
Mr. Chairman, I strongly encourage my colleagues to support this pro-
science bill, pro-energy appropriations bill.
Mrs. LOWEY. Mr. Chairman, I am very pleased to yield 5 minutes to the
gentleman from Texas (Mr. Cuellar).
Mr. CUELLAR. Mr. Chairman, I thank the ranking member for yielding.
I also want to thank the Appropriations chair from New Jersey and the
staff, and also the ranking young lady from New York and the staff for
being a bipartisan committee. The Appropriations Committee has been
bipartisan.
While this bill before us is a step toward getting the job done of
passing the appropriations bill before the end of the fiscal year, we
know this is only the first step. We still have a lot more work to do.
I regret that the rule that we will take up tomorrow will likely
include $1.6 billion for a wall. We who live on the border, we
understand and we believe in border security, border security that is
strong, sensible, common sense, and effective for the border. The wall
is a 14th century solution to a 21st century challenge that we have.
The border wall is not the right solution for border security. Why?
Number one, private property rights. We believe in private property
rights. In fact, there are some people that, for generations, have
owned land along the border. I have several veterans that own land. In
fact, there is one veteran in particular that buried his father--his
father who served in World War II--and his family right along the
riverbank. So if you put a wall, what is he going to do? Once you put
the wall, how is he going to go visit the cemetery, the family cemetery
along the border?

[[Page H6370]]

What about cattle, livestock? How are they going to have access to
water along the river?
Number two, we have natural barriers along the Texas border. We have
the rivers. You can see how the river snakes around. And what about the
cliffs? Are you going to put a wall on top of this cliff? It just
doesn't make sense.
Number three, what about taxpayers' dollars? Mexico is not going to
pay for this wall. We know that the American taxpayer is going to pay
for this, $1.6 billion for 74 miles out of the 1,954 miles that we
have. That is $21.2 million per mile for this wall, compared to $1
million of technology we wanted to put, technology cameras, sensors,
aerostats for border security.
And, oh, by the way, so $1.6 billion; all I need is $100, buy myself
a good ladder, and we will take care of that wall. So, again, we have
got to be smart about border security.
Number four, environmental concerns, we have concerns with regard to
wildlife refuges.
What about the 40 percent out of the 11 million people that we have
here who did visa overstays?
So you can put the biggest wall, but people are going to fly, are
going to drive across the bridge, are going to get a boat into Houston
and just stay over their time.
What about a cap analysis so we know what are the real needs that we
have? That is number six.
What about number seven, Mexico is an ally? It is not an enemy. Every
day we have $1.3 billion of trade with our friends to the south--every
day, 1.3. That is over $1 million of trade every single minute, 6
million American jobs that we have because of the trade that we have
with our friends to the south.
We need strong, commonsense border security, and I know this because
I live on the border. I drink the water. I breathe the air. I
understand this very well.
The border area is very safe. Use FBI stats. The murder rate in my
hometown of Laredo is three murders per 100,000. Here in Washington,
D.C., it is 24.5 murders per 100,000. So if you want to talk about
dangerous, when I leave the border to fly over to Washington, this is
the most dangerous thing about my job.
So the wall is a 14th century solution to a 21st century problem. I
ask you to vote ``no'' on the border wall.
Again, I want to thank the Appropriations Committee for being
bipartisan. This is only the first step.
Mr. FRELINGHUYSEN. Mr. Chairman, I am pleased to yield 2 minutes to
the gentleman from Texas (Mr. Weber).
Mr. WEBER of Texas. Mr. Chairman, I rise today in support of the Make
America Secure Appropriations Act of 2018. I am particularly pleased to
support language from H.R. 3266, which provides appropriations for
energy programs within the Science, Space, and Technology Committee's
jurisdiction.
For years, the Energy Subcommittee, which I chair, has listened to
experts and gathered data to determine appropriate priorities for the
DOE. The bill brought before the House floor reflects the findings of
the committee. It funds basic and early-stage research, and it does so
all the while reducing spending.
Importantly, this bill includes specific appropriations for programs
authorized in my bill, the Nuclear Energy Innovation Capabilities Act,
which establishes a clear timeline and parameters for DOE to complete a
research reactor. This type of research requires access to fast
neutrons currently only available in Russia.

The completion of our own research reactor is crucial, Mr. Chairman,
in ensuring materials and nuclear fuels R&D takes place in these United
States of America. The versatile neutron source, or fast test reactor,
authorized in my legislation will provide the United States with this
vital capability.
I want to thank Chairman Frelinghuysen for specifically including $35
million in funding, and Chairman Simpson, to begin the design and
construction of vital research infrastructure in this appropriations
bill.
America must maintain our nuclear capabilities and continue to
develop cutting-edge technology here at home. This bill provides
direction and robust funding for early-stage nuclear energy research.
Without it, we will fall behind.
It is vital that we ensure this important research and development is
fully funded. We cannot afford to miss the economic opportunities
provided by next generation nuclear technology. I encourage my
colleagues to support this pro-science, fiscally responsible
legislation.
Mrs. LOWEY. Mr. Chairman, I am very pleased to yield 2 minutes to the
gentleman from Texas (Mr. Gene Green).
Mr. GENE GREEN of Texas. Mr. Chairman, I want to thank our ranking
member for yielding to me.
I rise in opposition to funding for President Trump's border wall. I
have visited the border of Texas and Mexico many times. Communities all
along and beyond the border in my home State of Texas are opposed to
this border wall.
Texas has deep and historic ties with our neighbor to the south,
Mexico. The people of Texas and Mexico share a pride. A clear majority
of our communities believe that the close ties between Texas and
Mexico--cultural, economic, linguistic--benefit both Texas and Mexico.
The construction of this ``big, fat, beautiful wall,'' to quote
President Trump, along a 2,000-mile-long U.S.-Mexico border is not only
unnecessary, but would be harmful to our border communities and
wildlife and natural habitats along the border, and become a symbol of
spite and division toward Mexico and its people.

{time} 1700

Much of the border between the United States and Mexico is already
separated by the Rio Grande River, a clear natural obstacle between the
two countries. High traffic areas along our Southern border are further
separated by over 650 miles of pedestrian and vehicle fencing currently
on the border.
Congress has provided the Department of Homeland Security with robust
funding since the Department's creation to sharply increase the number
of Border Patrol officers and surveillance tools, including aerial
drones along the border.
As a result of these substantial investments by the American people,
the number of immigrants without authorization has steadily declined,
while the number of border apprehensions are near a 40-year low.
The $1.6 billion funded by taxpayer dollars included in this
legislation for the President's border wall should be directed for
genuine needs, like expanding education opportunities for our children,
rebuilding our Nation's aging infrastructure.
Mr. Chairman, I ask my colleagues, if given the opportunity, to amend
the legislation before this Chamber to remove the border wall funding.
Otherwise, I urge my colleagues on both sides of the aisle to join me
in opposing the minibus appropriations bill.
Mrs. LOWEY. Mr. Chairman, in closing, I want to reiterate that this
bill is a departure from regular order, wastes $1.6 billion on Trump's
border wall, uses fraudulent defense numbers, guts critical investments
in clean energy, includes poison-pill riders, leaves the remaining
spending bills with no path forward.
Mr. Chairman, I urge my colleagues to vote ``no,'' and I yield back
the balance of my time.
Mr. FRELINGHUYSEN. Mr. Chairman, before I close, I just want to take
this opportunity to thank Mrs. Lowey for her work, and all of the staff
here for the remarkable things they have been doing over the last 3 or
4 weeks. While we may disagree strongly on some issues, our committee,
as Mr. Cuellar said a few minutes ago, works in a bipartisan way to get
our bills across the finish line.
To all the members of the committee and our staff and to the ranking
member, I thank them for the amicable way that all of us conduct
business. It is part of the history and tradition of our committee.
Mr. Chairman, I yield to the gentlewoman from New York.
Mrs. LOWEY. Mr. Chairman, I think I closed prematurely without
thanking you for your leadership. It has been really a pleasure working
with you. I do hope that as we move the process forward, we will be
able to have a final product that we can all be very proud of. Thank
you again. You have been a very delightful person to work with.
And I thank the chairman, all my staff that has been so hardworking
and

[[Page H6371]]

so cooperative. We couldn't do this without them on both sides of the
aisle. I thank the chairman.
Mr. FRELINGHUYSEN. Mr. Chairman, I thank the gentlewoman for her
comments.
Mr. Chairman, reclaiming my time, in closing, I would remind the
House that just yesterday we voted overwhelmingly in a bipartisan way
to impose tough new sanctions on three aggressor nations: Russia, Iran
and North Korea. Each pose their unique threats to our vital interests,
their neighbors, and to global stability.
But little in history would predict that sanction alone will change
the maligned behavior of these three regimes.
That is why we need to get this bill across the finish line, to
guarantee that our military is always prepared to meet any threat from
anyone anywhere, whether it be China in the Pacific; international
terrorist groups like ISIS, al-Qaida, Al-Nusra, al Shabaab, Hezbollah,
Hamas; and transnational drug smugglers and criminal gangs.
Mr. Chairman, I repeat: Congress' most important constitutional duty
is to provide for the common defense. This appropriations package
before us allows us to meet that solid responsibility.
I urge support of the bill, and I yield back the balance of my time.
Mr. GOWDY. Mr. Chair, the unique circumstances of the Waters of the
United States (WOTUS) rulemaking warrant an expedited repeal of the
rule. In November 2016, the Committee released a staff report titled
``Politicization of the Waters of the United States Rulemaking,''
detailing the findings of more than a year-long investigation in to the
Waters of the United States (WOTUS) rulemaking. The investigation
revealed widespread procedural violations, excessive unilateral and
politically driven decision-making, and persistent failures of
consultation and consideration of public comments.
The EPA's extraordinary efforts to push through this procedurally
deficient and roundly disliked rulemaking created an insurmountable
illegitimacy of the rulemaking that warrants immediate repeal. To
facilitate this necessary action, Congress is exercising its authority
to create exemptions to existing law in H.R. 3219, the Make America
Secure Appropriations Act, 2018. Section 108 of the bill provides a
single-use exemption from regulatory procedure and legal requirements
to allow EPA and the Secretary of the Army to immediately withdraw the
WOTUS rule. The immediate repeal of WOTUS will allow EPA and the Army
Corps of Engineers to start with a clean slate as they conduct a joint
rulemaking, between equal partners, with full consideration of the
comments and concerns raised by the American public.
In future rulemakings, including any WOTUS replacement, Congress
expects federal agencies to approach their mandate to consult with
state, local, and tribal governments and give full consideration to
public comments with a commitment to administrative procedure and
effective rulemaking.
Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Chair, I would like to state
my strong objection to the Energy and Water Development Appropriations
portion of H.R. 3219. It would completely eliminate ARPA-E, an agency
that has already demonstrated incredible success in advancing high-
risk, high-reward energy technology solutions that neither the public
nor the private sector had been willing or able to support in the past.
This accomplishment was highlighted in a Congressionally mandated
National Academies review of the agency released just last month. I
would also note that ARPA-E recently announced that a group of 74
project teams has attracted over $1.8 billion in private sector follow-
on funding since the agency's founding in 2009. In addition, the agency
announced that 56 projects have formed new companies and 68 projects
have partnered with other government agencies for further development.
Bipartisan industry leaders like Norm Augustine and Bill Gates have
repeatedly called for tripling this agency's budget given the unique
role that it is now playing in our energy innovation pipeline. And I'd
be remiss if I didn't refer my colleagues to DOE Secretary Perry's
March 8th tweet, issued just 8 days before the Trump Administration
proposed to eliminate the agency, which states, and I quote,
``Innovators like the ones supported by our ARPA-E program are key to
advancing America's energy economy.'' I couldn't have said it better
myself.
In addition, this bill would eliminate DOE's innovation technology
loan guarantee program. The Committee on Science, Space, and Technology
held a hearing on this programs a few months ago, and we learned that
its record of accomplishment more than justifies our continued support.
The DOE Loan Programs Office has been instrumental in launching the
utility-scale PV industry, Tesla Motors, and the construction of our
first new nuclear reactors in 30 years. In addition, it is now
supporting the commercialization of new carbon capture and reuse
technologies. Overall the Loan Office's losses are only about 2 percent
of its entire portfolio--a rate that is lower than many venture
capitalists achieve. And even after accounting for those losses, the
interest payments from these loans and loan guarantees have returned
over $1 billion to the Treasury. If we're aiming to create jobs and
reduce the deficit, this is exactly the type of program we should be
supporting.
Finally, this bill makes substantial cuts to many of the Department's
other critical energy technology offices for the grid, fossil energy,
and nuclear energy, as well as a massive 47 percent cut to the Office
of Energy Efficiency and Renewable Energy. Our national infrastructure
for clean energy research would be irreparably harmed if these cuts
were actually implemented.
Now, I am not going to tell you that every program the Department
currently implements is perfect, that reforms should never be
considered, or that reasonable people can't simply disagree on the best
way to allocate its resources even after a careful, rigorous review.
One of my largest concerns now, especially given the incredibly severe
damage that this bill would impose on our entire energy research
enterprise, is that such a thoughtful review never actually took place.
In closing, I hope that we can all take a step back and more
carefully consider the direction we want to move the Department in. I
look forward to working with my colleagues on both sides of the aisle
and in the Senate to restore federal support for these vital programs.
Mr. YOUNG of Iowa. Mr. Chair, I wanted to briefly discuss eating
disorders and how it affects our servicemembers and their families.
Eating disorders affects over 30 million Americans during their
lifetimes, and have the highest mortality rate of any psychiatric
illness. Studies show that eating disorders affect our servicemembers
and their families at a higher rate than the civilian population, with
34 percent of female active duty servicemembers and 20 percent of
children of sevicemembers scoring at risk for an eating disorder.
Additionally, a Military Medicine study of female military members
and veterans found significant relationships between eating disorders,
PTSD and sexual trauma. As we have much to learn on how eating
disorders affect our military members and their families, I would
encourage the House to start considering how we can address this issue
within our military.
The Acting CHAIR (Mr. Tipton). All time for general debate has
expired.
Pursuant to the rule, the bill shall be considered for amendment
under the 5-minute rule.
An amendment in the nature of a substitute consisting of the text of
Rules Committee Print 115-30 shall be considered as adopted and the
bill, as amended, shall be considered as an original bill for the
purpose of further amendment under the 5-minute rule and shall be
considered as read.
The text of the bill, as amended, is as follows:

H.R. 3219

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Defense, Military
Construction, Veterans Affairs, Legislative Branch, and
Energy and Water Development National Security Appropriations
Act, 2018''.

SEC. 2. ADDITIONAL REFERENCE.

This Act may also be referred to as the ``Make America
Secure Appropriations Act, 2018''.

DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2018

The following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2018, 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, $41,427,054,000.

Military Personnel, Navy

[[Page H6372]]

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, $28,707,918,000.

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,
$13,165,714,000.

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, $28,738,320,000.

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,
$4,721,128,000.

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, $1,987,662,000.

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, $762,793,000.

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,
$1,808,434,000.

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, $8,252,426,000.

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, $3,406,137,000.

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,
$38,483,846,000: 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, $45,980,133,000: 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, $6,885,884,000.

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, $38,592,745,000: Provided, That not to exceed
$7,699,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the
Secretary of the Air Force, and payments may be made on his
certificate of necessity for confidential military purposes.

Operation and Maintenance, Defense-Wide

(including transfer of funds)

For expenses, not otherwise provided for, necessary for the
operation and maintenance of activities and agencies of the
Department of Defense (other than the military departments),
as authorized by law, $33,771,769,000: 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 $38,458,000 shall be made available
for the Procurement Technical Assistance Cooperative
Agreement Program, of which not less than $3,600,000 shall be
available for centers defined in 10 U.S.C. 2411(1)(D):
Provided further, That none of the funds appropriated or
otherwise made available by this Act may be used to plan or
implement the consolidation of a budget or appropriations
liaison office of the Office of the Secretary of Defense, the
office of the Secretary of a military department, or the
service headquarters of one of the Armed Forces into a
legislative affairs or legislative liaison office: Provided
further, That $9,385,000, 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, $415,000,000, of which
$100,000,000 to remain available until September 30, 2019,
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,
$2,870,163,000.

Operation and Maintenance, Navy Reserve

For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Navy Reserve; repair of facilities
and equipment; hire of passenger motor vehicles; travel and
transportation; care of the dead; recruiting; procurement of
services, supplies, and equipment; and communications,
$1,038,507,000.

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, $282,337,000.

[[Page H6373]]

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, $3,233,745,000.

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), $7,275,820,000.

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, $6,735,930,000.

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, $14,538,000, 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, $215,809,000, 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, $288,915,000, 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, $308,749,000, 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, $9,002,000, to remain
available until transferred: Provided, That the Secretary of
Defense shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of
the Department of Defense, or for similar purposes, transfer
the funds made available by this appropriation to other
appropriations made available to the Department of Defense,
to be merged with and to be available for the same purposes
and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination
that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided
herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority
provided under this heading is in addition to any other
transfer authority provided elsewhere in this Act.

Environmental Restoration, Formerly Used Defense Sites

(including transfer of funds)

For the Department of the Army, $233,673,000, to remain
available until transferred: Provided, That the Secretary of
the Army shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris at
sites formerly used by the Department of Defense, transfer
the funds made available by this appropriation to other
appropriations made available to the Department of the Army,
to be merged with and to be available for the same purposes
and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination
that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided
herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority
provided under this heading is in addition to any other
transfer authority provided elsewhere in this Act.

Overseas Humanitarian, Disaster, and Civic Aid

For expenses relating to the Overseas Humanitarian,
Disaster, and Civic Aid programs of the Department of Defense
(consisting of the programs provided under sections 401, 402,
404, 407, 2557, and 2561 of title 10, United States Code),
$107,900,000, 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, $324,600,000, to remain available until September 30,
2019.

Operation and Maintenance, National Defense Restoration Fund

(including transfer of funds)

In addition to amounts provided elsewhere in this Act,
there is appropriated $5,000,000,000, for the ``Operation and
Maintenance, National Defense Restoration Fund'': Provided,
That such funds provided under this heading shall only be
available for programs, projects and activities necessary to
implement the 2018 National Defense Strategy: Provided
further, That such funds shall not be available for transfer
until 30 days after the Secretary has submitted, and the
congressional defense committees have approved, the proposed
allocation plan for the use of such funds to implement such
strategy: Provided further, That such allocation plan shall
include a detailed justification for the use of such funds
and a description of how such investments are necessary to
implement the strategy: Provided further, That the Secretary
of Defense may transfer these funds only to operation and
maintenance accounts: Provided further, That the funds
transferred shall be merged with and shall be available for
the same purposes and for the same time period, as the
appropriation to which transferred: Provided further, That
none of the funds made available under this heading may be
transferred to any program, project, or activity specifically
limited or denied by this Act: Provided further, That the
transfer authority provided under this heading is in addition
to any other transfer authority available to the Department
of Defense.

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,
$4,456,533,000, to remain available for obligation until
September 30, 2020.

Missile Procurement, Army

For construction, procurement, production, modification,
and modernization of missiles, equipment, including ordnance,
ground handling equipment, spare parts, and accessories

[[Page H6374]]

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,
$2,581,600,000, to remain available for obligation until
September 30, 2020.

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, $3,556,175,000, to remain available for
obligation until September 30, 2020.

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,
$1,811,808,000, to remain available for obligation until
September 30, 2020.

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,
$6,356,044,000, to remain available for obligation until
September 30, 2020.

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, $17,908,270,000, to remain available
for obligation until September 30, 2020.

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,
$3,387,826,000, to remain available for obligation until
September 30, 2020.

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,
$735,651,000, to remain available for obligation until
September 30, 2020.

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), $842,853,000;
Carrier Replacement Program, $1,869,646,000;
Carrier Replacement Program (AP), $2,561,058,000;
Virginia Class Submarine, $3,305,315,000;
Virginia Class Submarine (AP), $1,920,596,000;
CVN Refueling Overhauls, $1,569,669,000;
CVN Refueling Overhauls (AP), $75,897,000;
DDG-1000 Program, $164,976,000;
DDG-51 Destroyer, $3,499,079,000;
DDG-51 Destroyer (AP), $90,336,000;
Littoral Combat Ship, $1,566,971,000;
Expeditionary Sea Base, $635,000,000;
LHA Replacement, $1,695,077,000;
TAO Fleet Oiler, $449,415,000;
TAO Fleet Oiler (AP), $75,068,000;
Ship to Shore Connector, $390,554,000;
Service Craft, $23,994,000;
Towing, Salvage, and Rescue Ship, $76,204,000;
LCU 1700, $31,850,000;
For outfitting, post delivery, conversions, and first
destination transportation, $542,626,000; and
Completion of Prior Year Shipbuilding Programs,
$117,542,000.
In all: $21,503,726,000, to remain available for obligation
until September 30, 2022: Provided, That additional
obligations may be incurred after September 30, 2022, 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 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,
$7,852,952,000, to remain available for obligation until
September 30, 2020.

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,
$1,818,846,000, to remain available for obligation until
September 30, 2020.

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,
$16,553,196,000, to remain available for obligation until
September 30, 2020.

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, $2,203,101,000, to remain available
for obligation until September 30, 2020.

[[Page H6375]]

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, $3,210,355,000, to remain available
for obligation until September 30, 2020.

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,
$1,316,977,000, to remain available for obligation until
September 30, 2020.

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, $19,318,814,000, to remain available for obligation
until September 30, 2020.

Procurement, Defense-Wide

For expenses of activities and agencies of the Department
of Defense (other than the military departments) necessary
for procurement, production, and modification of equipment,
supplies, materials, and spare parts therefor, not otherwise
provided for; the purchase of passenger motor vehicles for
replacement only; expansion of public and private plants,
equipment, and installation thereof in such plants, erection
of structures, and acquisition of land for the foregoing
purposes, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to
approval of title; reserve plant and Government and
contractor-owned equipment layaway, $5,239,239,000, to remain
available for obligation until September 30, 2020.

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), $67,401,000,
to remain available until expended.

Procurement, National Defense Restoration Fund

(including transfer of funds)

In addition to amounts provided elsewhere in this Act,
there is appropriated $12,622,931,000, for the ``Procurement,
National Defense Restoration Fund'': Provided, That such
funds provided under this heading shall only be available for
programs, projects and activities necessary to implement the
2018 National Defense Strategy: Provided further, That such
funds shall not be available for transfer until 30 days after
the Secretary has submitted, and the congressional defense
committees have approved, the proposed allocation plan for
the use of such funds to implement such strategy: Provided
further, That such allocation plan shall include a detailed
justification for the use of such funds and a description of
how such investments are necessary to implement the strategy:
Provided further, That the Secretary of Defense may transfer
these funds only to procurement accounts: Provided further,
That the funds transferred shall be merged with and shall be
available for the same purposes and for the same time period,
as the appropriation to which transferred: Provided further,
That none of the funds made available under this heading may
be transferred to any program, project, or activity
specifically limited or denied by this Act: Provided further,
That the transfer authority provided under this heading is in
addition to any other transfer authority available to the
Department of Defense.

TITLE IV

RESEARCH, DEVELOPMENT, TEST AND EVALUATION

Research, Development, Test and Evaluation, Army

Research, Development, Test and Evaluation, Navy

For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of
facilities and equipment, $17,196,521,000, to remain
available for obligation until September 30, 2019: 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

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, $20,698,353,000, to
remain available for obligation until September 30, 2019:
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, $210,900,000, to remain available for obligation
until September 30, 2019.

Research, Development, Test and Evaluation, National Defense
Restoration Fund

(including transfer of funds)

In addition to amounts provided elsewhere in this Act,
there is appropriated $1,000,000,000, for the ``Research,
Development, Test and Evaluation, National Defense
Restoration Fund'': Provided, That such funds provided under
this heading shall only be available for programs, projects
and activities necessary to implement the 2018 National
Defense Strategy: Provided further, That such funds shall not
be available for transfer until 30 days after the Secretary
has submitted, and the congressional defense committees have
approved, the proposed allocation plan for the use of such
funds to implement such strategy: Provided further, That such
allocation plan shall include a detailed justification for
the use of such funds and a description of how such
investments are necessary to implement the strategy: Provided
further, That the Secretary of Defense may transfer these
funds only to research, development, test and evaluation
accounts: Provided further, That the funds transferred shall
be merged with and shall be available for the same purposes
and for the same time period, as the appropriation to which
transferred: Provided further, That none of the funds made
available under this heading may be transferred to any
program, project, or activity specifically limited or denied
by this Act; Provided further, That the transfer authority
provided under this heading is in addition to any other
transfer authority available to the Department of Defense.

TITLE V

REVOLVING AND MANAGEMENT FUNDS

Defense Working Capital Funds

For the Defense Working Capital Funds, $1,586,596,000.

TITLE VI

OTHER DEPARTMENT OF DEFENSE PROGRAMS

Defense Health Program

For expenses, not otherwise provided for, for medical and
health care programs of the Department of Defense as
authorized by law, $33,931,566,000; of which $31,735,923,000
shall be for operation and maintenance, of which not to
exceed one percent shall remain available for obligation
until September 30, 2019, and of which up to $15,349,700,000
may be available for contracts entered into under the TRICARE
program; of which $895,328,000, to remain available for
obligation until September 30, 2020, shall be for
procurement; and of which $1,300,315,000, to remain available
for obligation until September 30, 2019, 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

[[Page H6376]]

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 $627,100,000 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, $961,732,000, of which $104,237,000 shall
be for operation and maintenance, of which no less than
$49,401,000 shall be for the Chemical Stockpile Emergency
Preparedness Program, consisting of $21,045,000 for
activities on military installations and $28,356,000, to
remain available until September 30, 2019, to assist State
and local governments; $18,081,000 shall be for procurement,
to remain available until September 30, 2020, of which
$18,081,000 shall be for the Chemical Stockpile Emergency
Preparedness Program to assist State and local governments;
and $839,414,000, to remain available until September 30,
2019, shall be for research, development, test and
evaluation, of which $750,700,000 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, $854,814,000, of which $532,648,000
shall be for counter-narcotics support; $120,813,000 shall be
for the drug demand reduction program; and $201,353,000 shall
be for the National Guard counter-drug program: Provided,
That the funds appropriated under this heading shall be
available for obligation for the same time period and for the
same purpose as the appropriation to which transferred:
Provided further, That upon a determination that all or part
of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may
be transferred back to this appropriation: Provided further,
That the transfer authority provided under this heading is in
addition to any other transfer authority contained elsewhere
in this Act.

Office of the Inspector General

For expenses and activities of the Office of the Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, as amended, $336,887,000, of which
$334,087,000 shall be for operation and maintenance, of which
not to exceed $700,000 is available for emergencies and
extraordinary expenses to be expended on the approval or
authority of the Inspector General, and payments may be made
on the Inspector General's certificate of necessity for
confidential military purposes; and of which $2,800,000, to
remain available until September 30, 2019, 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, $522,100,000.

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 2018: Provided, That the report
shall include--
(1) a table for each appropriation with a separate column
to display the President's budget request, adjustments made
by Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation both
by budget activity and program, project, and activity as
detailed in the Budget Appendix; and
(3) an identification of items of special congressional
interest.
(b) Notwithstanding section 8005 of this Act, none of the
funds provided in this Act shall be available for
reprogramming or transfer until the report identified in
subsection (a) is submitted to the congressional defense
committees, unless the Secretary of Defense certifies in
writing to the congressional defense committees that such
reprogramming or transfer is necessary as an emergency
requirement: 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

[[Page H6377]]

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,
subject to section 2306b of title 10 , United States Code,
for multiyear procurement contracts as follows: V-22 Osprey
aircraft variants; SSN Virginia Class Submarine and
Government-furnished equipment; and up to 10 DDG-51 Arleigh
Burke class Flight III guided missile destroyers, the MK 41
Vertical Launching Systems, and associated Government-
furnished systems and subsystems.
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 the current fiscal year, 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 2019 budget request for the Department
of Defense as well as all justification material and other
documentation supporting the fiscal year 2019 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 2019.
(c) As required by section 1107 of the National Defense
Authorization Act for Fiscal Year 2014 (Public Law 113-66; 10
U.S.C. 2358 note) civilian personnel at the Department of
Army Science and Technology Reinvention Laboratories may not
be managed on the basis of the Table of Distribution and
Allowances, and the management of the workforce strength
shall be done in a manner consistent with the budget
available with respect to such Laboratories.
(d) Nothing in this section shall be construed to apply to
military (civilian) technicians.
Sec. 8013. None of the funds made available by this Act
shall be used in any way, directly or indirectly, to
influence congressional action on any legislation or
appropriation matters pending before the Congress.
Sec. 8014. None of the funds appropriated by this Act
shall be available for the basic pay and allowances of any
member of the Army participating as a full-time student and
receiving benefits paid by the Secretary of Veterans Affairs
from the Department of Defense Education Benefits Fund when
time spent as a full-time student is credited toward
completion of a service commitment: Provided, That this
section shall not apply to those members who have reenlisted
with this option prior to October 1, 1987: Provided further,
That this section applies only to active components of the
Army.

(transfer of funds)

Sec. 8015. Funds appropriated in title III of this Act for
the Department of Defense Pilot Mentor-Protege Program may be
transferred to any other appropriation contained in this Act
solely for the purpose of implementing a Mentor-Protege
Program developmental assistance agreement pursuant to
section 831 of the National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note),
as amended, under the authority of this provision or any
other transfer authority contained in this Act.
Sec. 8016. None of the funds in this Act may be available
for the purchase by the Department of Defense (and its
departments and agencies) of welded shipboard anchor and
mooring chain 4 inches in diameter and under unless the
anchor and mooring chain are manufactured in the United
States from components which are substantially manufactured
in the United States: Provided, That for the purpose of this
section, the term ``manufactured'' shall include cutting,
heat treating, quality control, testing of chain and welding
(including the forging and shot blasting process): Provided
further, That for the purpose of this section substantially
all of the components of anchor and mooring chain shall be
considered to be produced or manufactured in the United
States if the aggregate cost of the components produced or
manufactured in the United States exceeds the aggregate cost
of the components produced or manufactured outside the United
States: Provided further, That when adequate domestic
supplies are not available to meet Department of Defense
requirements on a timely basis, the Secretary of the service
responsible for the procurement may waive this restriction on
a case-by-case basis by certifying in writing to the
Committees on Appropriations that such an acquisition must be
made in order to acquire capability for national security
purposes.
Sec. 8017. None of the funds available to the Department
of Defense may be used to demilitarize or dispose of M-1
Carbines, M-1 Garand rifles, M-14 rifles, .22 caliber rifles,
.30 caliber rifles, or M-1911 pistols, or to demilitarize or
destroy small arms ammunition or ammunition components that
are not otherwise prohibited from commercial sale under
Federal law, unless the small arms ammunition or ammunition
components are certified by the Secretary of the Army or
designee as unserviceable or unsafe for further use.
Sec. 8018. No more than $500,000 of the funds appropriated
or made available in this Act shall be used during a single
fiscal year for any single relocation of an organization,
unit, activity or function of the Department of Defense into
or within the National Capital Region: Provided, That the
Secretary of Defense may waive this restriction on a case-by-
case basis by certifying in writing to the congressional
defense committees that such a relocation is required in the
best interest of the Government.
Sec. 8019. Of the funds made available in this Act,
$20,000,000 shall be available for incentive payments
authorized by section 504 of the Indian Financing Act of 1974
(25 U.S.C. 1544): Provided, That a prime contractor or a
subcontractor at any tier that makes a subcontract award to
any subcontractor or supplier as defined in section 1544 of
title 25, United States Code, or a small business owned and
controlled by an individual or individuals defined under
section 4221(9) of title 25, United States Code, shall be
considered a contractor for the purposes of being allowed
additional compensation under section 504 of the Indian
Financing Act of 1974 (25 U.S.C. 1544) whenever the prime
contract or subcontract amount is over $500,000 and involves
the expenditure of funds appropriated by an Act making
appropriations for the Department of Defense with respect to
any fiscal year: Provided further, That notwithstanding
section 1906 of title 41, United States Code, this section
shall be applicable to any Department of Defense acquisition
of supplies or services, including any contract and any
subcontract at any tier for acquisition of commercial items
produced or manufactured, in whole or in part, by any
subcontractor or supplier defined in section 1544 of title
25, United States Code, or a small business owned and
controlled by an individual or individuals defined under
section 4221(9) of title 25, United States Code.
Sec. 8020. Funds appropriated by this Act for the Defense
Media Activity shall not be used for any national or
international political or psychological activities.
Sec. 8021. During the current fiscal year, the Department
of Defense is authorized to incur obligations of not to
exceed $350,000,000 for purposes specified in section
2350j(c) of title 10, United States Code, in anticipation of
receipt of contributions, only from the Government of Kuwait,
under that section: Provided, That, upon

[[Page H6378]]

receipt, such contributions from the Government of Kuwait
shall be credited to the appropriations or fund which
incurred such obligations.
Sec. 8022. (a) Of the funds made available in this Act, not
less than $43,100,000 shall be available for the Civil Air
Patrol Corporation, of which--
(1) $30,800,000 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) $10,600,000 shall be available from ``Aircraft
Procurement, Air Force''; and
(3) $1,700,000 shall be available from ``Other Procurement,
Air Force'' for vehicle procurement.
(b) The Secretary of the Air Force should waive
reimbursement for any funds used by the Civil Air Patrol for
counter-drug activities in support of Federal, State, and
local government agencies.
Sec. 8023. (a) None of the funds appropriated in this Act
are available to establish a new Department of Defense
(department) federally funded research and development center
(FFRDC), either as a new entity, or as a separate entity
administrated by an organization managing another FFRDC, or
as a nonprofit membership corporation consisting of a
consortium of other FFRDCs and other nonprofit entities.
(b) No member of a Board of Directors, Trustees, Overseers,
Advisory Group, Special Issues Panel, Visiting Committee, or
any similar entity of a defense FFRDC, and no paid consultant
to any defense FFRDC, except when acting in a technical
advisory capacity, may be compensated for his or her services
as a member of such entity, or as a paid consultant by more
than one FFRDC in a fiscal year: Provided, That a member of
any such entity referred to previously in this subsection
shall be allowed travel expenses and per diem as authorized
under the Federal Joint Travel Regulations, when engaged in
the performance of membership duties.
(c) Notwithstanding any other provision of law, none of the
funds available to the department from any source during 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 2018,
not more than 6,000 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 1,180 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 2019 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 $210,000,000.
Sec. 8024. None of the funds appropriated or made
available in this Act shall be used to procure carbon, alloy,
or armor steel plate for use in any Government-owned facility
or property under the control of the Department of Defense
which were not melted and rolled in the United States or
Canada: Provided, That these procurement restrictions shall
apply to any and all Federal Supply Class 9515, American
Society of Testing and Materials (ASTM) or American Iron and
Steel Institute (AISI) specifications of carbon, alloy or
armor steel plate: Provided further, That the Secretary of
the military department responsible for the procurement may
waive this restriction on a case-by-case basis by certifying
in writing to the Committees on Appropriations of the House
of Representatives and the Senate that adequate domestic
supplies are not available to meet Department of Defense
requirements on a timely basis and that such an acquisition
must be made in order to acquire capability for national
security purposes: Provided further, That these restrictions
shall not apply to contracts which are in being as of the
date of the enactment of this Act.
Sec. 8025. For the purposes of this Act, the term
``congressional defense committees'' means the Armed Services
Committee of the House of Representatives, the Armed Services
Committee of the Senate, the Subcommittee on Defense of the
Committee on Appropriations of the Senate, and the
Subcommittee on Defense of the Committee on Appropriations of
the House of Representatives.
Sec. 8026. During the current fiscal year, the Department
of Defense may acquire the modification, depot maintenance
and repair of aircraft, vehicles and vessels as well as the
production of components and other Defense-related articles,
through competition between Department of Defense depot
maintenance activities and private firms: Provided, That the
Senior Acquisition Executive of the military department or
Defense Agency concerned, with power of delegation, shall
certify that successful bids include comparable estimates of
all direct and indirect costs for both public and private
bids: Provided further, That Office of Management and Budget
Circular A-76 shall not apply to competitions conducted under
this section.
Sec. 8027. (a)(1) If the Secretary of Defense, after
consultation with the United States Trade Representative,
determines that a foreign country which is party to an
agreement described in paragraph (2) has violated the terms
of the agreement by discriminating against certain types of
products produced in the United States that are covered by
the agreement, the Secretary of Defense shall rescind the
Secretary's blanket waiver of the Buy American Act with
respect to such types of products produced in that foreign
country.
(2) An agreement referred to in paragraph (1) is any
reciprocal defense procurement memorandum of understanding,
between the United States and a foreign country pursuant to
which the Secretary of Defense has prospectively waived the
Buy American Act for certain products in that country.
(b) The Secretary of Defense shall submit to the Congress a
report on the amount of Department of Defense purchases from
foreign entities in fiscal year 2018. Such report shall
separately indicate the dollar value of items for which the
Buy American Act was waived pursuant to any agreement
described in subsection (a)(2), the Trade Agreement Act of
1979 (19 U.S.C. 2501 et seq.), or any international agreement
to which the United States is a party.
(c) For purposes of this section, the term Buy American Act
means chapter 83 of title 41, United States Code.
Sec. 8028. During the current fiscal year, amounts
contained in the Department of Defense Overseas Military
Facility Investment Recovery Account established by section
2921(c)(1) of the National Defense Authorization Act of 1991
(Public Law 101-510; 10 U.S.C. 2687 note) shall be available
until expended for the payments specified by section
2921(c)(2) of that Act.
Sec. 8029. (a) Notwithstanding any other provision of law,
the Secretary of the Air Force may convey at no cost to the
Air Force, without consideration, to Indian tribes located in
the States of Nevada, Idaho, North Dakota, South Dakota,
Montana, Oregon, Minnesota, and Washington relocatable
military housing units located at Grand Forks Air Force Base,
Malmstrom Air Force Base, Mountain Home Air Force Base,
Ellsworth Air Force Base, and Minot Air Force Base that are
excess to the needs of the Air Force.
(b) The Secretary of the Air Force shall convey, at no cost
to the Air Force, military housing units under subsection (a)
in accordance with the request for such units that are
submitted to the Secretary by the Operation Walking Shield
Program on behalf of Indian tribes located in the States of
Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon,
Minnesota, and Washington. Any such conveyance shall be
subject to the condition that the housing units shall be
removed within a reasonable period of time, as determined by
the Secretary.
(c) The Operation Walking Shield Program shall resolve any
conflicts among requests of Indian tribes for housing units
under subsection (a) before submitting requests to the
Secretary of the Air Force under subsection (b).
(d) In this section, the term Indian tribe means any
recognized Indian tribe included on the current list
published by the Secretary of the Interior under section 104
of the Federally Recognized Indian Tribe Act of 1994 (Public
Law 103-454; 108 Stat. 4792; 25 U.S.C. 479a-1).
Sec. 8030. During the current fiscal year, appropriations
which are available to the Department of Defense for
operation and maintenance may be used to purchase items
having an investment item unit cost of not more than
$250,000.
Sec. 8031. None of the funds made available by this Act
may be used to--
(1) disestablish, or prepare to disestablish, a Senior
Reserve Officers' Training Corps program in accordance with
Department of Defense Instruction Number 1215.08, dated June
26, 2006; or
(2) close, downgrade from host to extension center, or
place on probation a Senior Reserve Officers' Training Corps
program in accordance with the information paper of the
Department of the Army titled ``Army Senior Reserve Officers'
Training Corps (SROTC) Program Review and Criteria'', dated
January 27, 2014.
Sec. 8032. 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. 8033. (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 2019 budget request for the Department
of Defense as well as all justification material and other
documentation supporting the fiscal year 2019 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 2019 procurement appropriation and not in the
supply management business area or any other area or category
of the Department of Defense Working Capital Funds.

[[Page H6379]]

Sec. 8034. 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, 2019: 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, 2019.
Sec. 8035. 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. 8036. 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. 8037. (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. 8038. (a) Except as provided in subsections (b) and
(c), none of the funds made available by this Act may be
used--
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the Armed Forces or
civilian employee of the department who is transferred or
reassigned from a headquarters activity if the member or
employee's place of duty remains at the location of that
headquarters.
(b) The Secretary of Defense or Secretary of a military
department may waive the limitations in subsection (a), on a
case-by-case basis, if the Secretary determines, and
certifies to the Committees on Appropriations of the House of
Representatives and the Senate that the granting of the
waiver will reduce the personnel requirements or the
financial requirements of the department.
(c) This section does not apply to--
(1) field operating agencies funded within the National
Intelligence Program;
(2) an Army field operating agency established to
eliminate, mitigate, or counter the effects of improvised
explosive devices, and, as determined by the Secretary of the
Army, other similar threats;
(3) an Army field operating agency established to improve
the effectiveness and efficiencies of biometric activities
and to integrate common biometric technologies throughout the
Department of Defense; or
(4) an Air Force field operating agency established to
administer the Air Force Mortuary Affairs Program and
Mortuary Operations for the Department of Defense and
authorized Federal entities.
Sec. 8039. (a) None of the funds appropriated by this Act
shall be available to convert to contractor performance an
activity or function of the Department of Defense that, on or
after the date of the enactment of this Act, is performed by
Department of Defense civilian employees unless--
(1) the conversion is based on the result of a public-
private competition that includes a most efficient and cost
effective organization plan developed by such activity or
function;
(2) the Competitive Sourcing Official determines that, over
all performance periods stated in the solicitation of offers
for performance of the activity or function, the cost of
performance of the activity or function by a contractor would
be less costly to the Department of Defense by an amount that
equals or exceeds the lesser of--
(A) 10 percent of the most efficient organization's
personnel-related costs for performance of that activity or
function by Federal employees; or
(B) $10,000,000; and
(3) the contractor does not receive an advantage for a
proposal that would reduce costs for the Department of
Defense by--
(A) not making an employer-sponsored health insurance plan
available to the workers who are to be employed in the
performance of that activity or function under the contract;
or
(B) offering to such workers an employer-sponsored health
benefits plan that requires the employer to contribute less
towards the premium or subscription share than the amount
that is paid by the Department of Defense for health benefits
for civilian employees under chapter 89 of title 5, United
States Code.
(b)(1) The Department of Defense, without regard to
subsection (a) of this section or subsection (a), (b), or (c)
of section 2461 of title 10, United States Code, and
notwithstanding any administrative regulation, requirement,
or policy to the contrary shall have full authority to enter
into a contract for the performance of any commercial or
industrial type function of the Department of Defense that--
(A) is included on the procurement list established
pursuant to section 2 of the Javits-Wagner-O'Day Act (section
8503 of title 41, United States Code);
(B) is planned to be converted to performance by a
qualified nonprofit agency for the blind or by a qualified
nonprofit agency for other severely handicapped individuals
in accordance with that Act; or
(C) is planned to be converted to performance by a
qualified firm under at least 51 percent ownership by an
Indian tribe, as defined in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450b(e)), or a Native Hawaiian Organization, as defined in
section 8(a)(15) of the Small Business Act (15 U.S.C.
637(a)(15)).
(2) This section shall not apply to depot contracts or
contracts for depot maintenance as provided in sections 2469
and 2474 of title 10, United States Code.
(c) The conversion of any activity or function of the
Department of Defense under the authority provided by this
section shall be credited toward any competitive or
outsourcing goal, target, or measurement that may be
established by statute, regulation, or policy and is deemed
to be awarded under the authority of, and in compliance with,
subsection (h) of section 2304 of title 10, United States
Code, for the competition or outsourcing of commercial
activities.

(rescissions)

Sec. 8040. Of the funds appropriated in Department of
Defense Appropriations Acts, the following funds are hereby
rescinded from the following accounts and programs in the
specified amounts: Provided, That no amounts may be
rescinded from amounts that were designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism
or as an emergency requirement pursuant to the Concurrent
Resolution on the Budget or the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended:
``Aircraft Procurement, Navy'', 2016/2018, $274,000,000;
``Aircraft Procurement, Air Force'', 2016/2018,
$82,700,000;
``Missile Procurement, Army'', 2017/2019, $19,319,000;
``Procurement of Weapons and Tracked Combat Vehicles,
Army'', 2017/2019, $9,764,000;
``Other Procurement, Army'', 2017/2019, $10,000,000;
``Aircraft Procurement, Navy'', 2017/2019, $105,600,000;
``Weapons Procurement, Navy'', 2017/2019, $54,122,000;
``Shipbuilding and Conversion, Navy'', 2017/2021,
$45,116,000;
``Aircraft Procurement, Air Force'', 2017/2019,
$63,293,000;
``Missile Procurement, Air Force'', 2017/2019, $31,639,000;
``Space Procurement, Air Force'', 2017/2019, $15,000,000;
``Other Procurement, Air Force'', 2017/2019, $105,000,000;
``Research, Development, Test and Evaluation, Navy'', 2017/
2018, $34,128,000;
``Research, Development, Test and Evaluation, Air Force'',
2017/2018, $41,700,000;
Sec. 8041. None of the funds available in this Act may be
used to reduce the authorized positions for military
technicians (dual status) of the Army National Guard, Air
National Guard, Army Reserve and Air Force Reserve for the
purpose of applying any administratively imposed civilian
personnel ceiling, freeze, or reduction on military
technicians (dual status), unless such reductions are a
direct result of a reduction in military force structure.
Sec. 8042. None of the funds appropriated or otherwise
made available in this Act may be obligated or expended for
assistance to the Democratic People's Republic of Korea
unless specifically appropriated for that purpose.
Sec. 8043. Funds appropriated in this Act for operation
and maintenance of the Military Departments, Combatant
Commands and Defense Agencies shall be available for
reimbursement of pay, allowances and other expenses which
would otherwise be incurred against appropriations for the
National Guard and Reserve when members of the National Guard
and Reserve provide intelligence or counterintelligence
support to Combatant Commands, Defense Agencies and Joint
Intelligence Activities, including the activities and
programs included within the National Intelligence Program
and the Military Intelligence Program: Provided, That
nothing in this section authorizes deviation from established
Reserve and National Guard personnel and training procedures.
Sec. 8044. (a) None of the funds available to the
Department of Defense for any fiscal year for drug
interdiction or counter-drug activities may be transferred to
any other department or agency of the United States except as
specifically provided in an appropriations law.
(b) None of the funds available to the Central Intelligence
Agency for any fiscal year for drug interdiction or counter-
drug activities may be transferred to any other department or
agency of the United States except as specifically provided
in an appropriations law.

[[Page H6380]]

Sec. 8045. None of the funds appropriated by this Act may
be used for the procurement of ball and roller bearings other
than those produced by a domestic source and of domestic
origin: Provided, That the Secretary of the military
department responsible for such procurement may waive this
restriction on a case-by-case basis by certifying in writing
to the Committees on Appropriations of the House of
Representatives and the Senate, that adequate domestic
supplies are not available to meet Department of Defense
requirements on a timely basis and that such an acquisition
must be made in order to acquire capability for national
security purposes: Provided further, That this restriction
shall not apply to the purchase of ``commercial items'', as
defined by section 103 of title 41, United States Code,
except that the restriction shall apply to ball or roller
bearings purchased as end items.
Sec. 8046. 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. 8047. 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. 8048. 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. 8049. 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. 8050. 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. 8051. During the current fiscal year, no more than
$30,000,000 of appropriations made in this Act under the
heading ``Operation and Maintenance, Defense-Wide'' may be
transferred to appropriations available for the pay of
military personnel, to be merged with, and to be available
for the same time period as the appropriations to which
transferred, to be used in support of such personnel in
connection with support and services for eligible
organizations and activities outside the Department of
Defense pursuant to section 2012 of title 10, United States
Code.
Sec. 8052. 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. 8053. (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. 8054. 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. 8055. 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. 8056. 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. 8057. (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. 8058. None of the funds appropriated or otherwise
made available by this or other Department of Defense
Appropriations Acts may be obligated or expended for the
purpose of performing repairs or maintenance to military
family housing units of the Department of Defense, including
areas in such military family housing units that may be used
for the purpose of conducting official Department of Defense
business.
Sec. 8059. Notwithstanding any other provision of law,
funds appropriated in this Act under the heading ``Research,
Development, Test and Evaluation, Defense-Wide'' for any new
start advanced concept technology demonstration project or
joint capability demonstration project may only be obligated
45 days after a report, including a description of the
project, the planned acquisition and transition strategy and
its estimated annual and total cost, has been provided in
writing to the congressional defense committees: Provided,
That the Secretary of Defense may waive this restriction on a
case-by-case basis by certifying to the congressional defense
committees that it is in the national interest to do so.
Sec. 8060. The Secretary of Defense shall 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. 8061. Notwithstanding section 12310(b) of title 10,
United States Code, a Reserve who is a member of the National
Guard serving on full-time National Guard duty under section
502(f) of title 32, United States Code, may perform duties in
support of the ground-based elements of the National
Ballistic Missile Defense System.
Sec. 8062. None of the funds provided in this Act may be
used to transfer to any nongovernmental entity ammunition
held by the Department of Defense that has a center-fire
cartridge and a United States military nomenclature
designation of ``armor penetrator'', ``armor piercing (AP)'',
``armor piercing incendiary (API)'', or ``armor-piercing
incendiary tracer (API-T)'', except to an entity performing
demilitarization

[[Page H6381]]

services for the Department of Defense under a contract that
requires the entity to demonstrate to the satisfaction of the
Department of Defense that armor piercing projectiles are
either:
(1) rendered incapable of reuse by the demilitarization
process; or
(2) used to manufacture ammunition pursuant to a contract
with the Department of Defense or the manufacture of
ammunition for export pursuant to a License for Permanent
Export of Unclassified Military Articles issued by the
Department of State.
Sec. 8063. Notwithstanding any other provision of law, the
Chief of the National Guard Bureau, or his designee, may
waive payment of all or part of the consideration that
otherwise would be required under section 2667 of title 10,
United States Code, in the case of a lease of personal
property for a period not in excess of 1 year to any
organization specified in section 508(d) of title 32, United
States Code, or any other youth, social, or fraternal
nonprofit organization as may be approved by the Chief of the
National Guard Bureau, or his designee, on a case-by-case
basis.

(including transfer of funds)

Sec. 8064. Of the amounts appropriated in this Act under
the heading ``Operation and Maintenance, Army'', $66,881,780
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. 8065. (a) None of the funds appropriated in this or
any other Act may be used to take any action to modify--
(1) the appropriations account structure for the National
Intelligence Program budget, including through the creation
of a new appropriation or new appropriation account;
(2) how the National Intelligence Program budget request is
presented in the unclassified P-1, R-1, and O-1 documents
supporting the Department of Defense budget request;
(3) the process by which the National Intelligence Program
appropriations are apportioned to the executing agencies; or
(4) the process by which the National Intelligence Program
appropriations are allotted, obligated and disbursed.
(b) Nothing in section (a) shall be construed to prohibit
the merger of programs or changes to the National
Intelligence Program budget at or below the Expenditure
Center level, provided such change is otherwise in accordance
with paragraphs (a)(1)-(3).
(c) The Director of National Intelligence and the Secretary
of Defense may jointly, only for the purposes of achieving
auditable financial statements and improving fiscal
reporting, study and develop detailed proposals for
alternative financial management processes. Such study shall
include a comprehensive counterintelligence risk assessment
to ensure that none of the alternative processes will
adversely affect counterintelligence.
(d) Upon development of the detailed proposals defined
under subsection (c), the Director of National Intelligence
and the Secretary of Defense shall--
(1) provide the proposed alternatives to all affected
agencies;
(2) receive certification from all affected agencies
attesting that the proposed alternatives will help achieve
auditability, improve fiscal reporting, and will not
adversely affect counterintelligence; and
(3) not later than 30 days after receiving all necessary
certifications under paragraph (2), present the proposed
alternatives and certifications to the congressional defense
and intelligence committees.
Sec. 8066. 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. 8067. Of the amounts appropriated in this Act under
the headings ``Procurement, Defense-Wide'' and ``Research,
Development, Test and Evaluation, Defense-Wide'',
$705,800,000 shall be for the Israeli Cooperative Programs:
Provided, That of this amount, $92,000,000 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;
$221,500,000 shall be for the Short Range Ballistic Missile
Defense (SRBMD) program, including cruise missile defense
research and development under the SRBMD program, of which
$120,000,000 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, subject to the U.S.-Israeli co-
production agreement for SRBMD, as amended; $205,000,000
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, subject to the U.S.-Israeli co-production
agreement for Arrow 3 Upper Tier, as amended; $105,000,000
shall be for testing of the upper-tier component to the
Israeli Missile Defense Architecture in the United States;
and $82,300,000 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. 8068. Of the amounts appropriated in this Act under
the heading ``Shipbuilding and Conversion, Navy'',
$117,542,000 shall be available until September 30, 2018, 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'', 2012/2018: Carrier Replacement Program $20,000,000;
(2) Under the heading ``Shipbuilding and Conversion,
Navy'', 2008/2018: DDG-51 Destroyer $19,436,000;
(3) Under the heading ``Shipbuilding and Conversion,
Navy'', 2012/2018: Littoral Combat Ship $6,394,000;
(4) Under the heading ``Shipbuilding and Conversion,
Navy'', 2012/2018: LHA Replacement $14,200,000;
(5) Under the heading ``Shipbuilding and Conversion,
Navy'', 2013/2018: DDG-51 Destroyer $31,941,000;
(6) Under the heading ``Shipbuilding and Conversion,
Navy'', 2014/2018: Litoral Combat Ship $20,471,000; and
(7) Under the heading ``Shipbuilding and Conversion,
Navy'', 2015/2018: LCAC $5,100,000.
Sec. 8069. 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 2018 until the enactment of the Intelligence
Authorization Act for Fiscal Year 2018.
Sec. 8070. 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. 8071. 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. 8072. 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. 8073. 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 $289,000,000.
Sec. 8074. 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. 8075. 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. 8076. (a) None of the funds appropriated by this Act
may be used to transfer research and

[[Page H6382]]

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. 8077. 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, 2019.
Sec. 8078. For purposes of section 1553(b) of title 31,
United States Code, any subdivision of appropriations made in
this Act under the heading ``Shipbuilding and Conversion,
Navy'' shall be considered to be for the same purpose as any
subdivision under the heading ``Shipbuilding and Conversion,
Navy'' appropriations in any prior fiscal year, and the 1
percent limitation shall apply to the total amount of the
appropriation.
Sec. 8079. (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 2018:
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. 8080. 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. 8081. 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 the
Department of Defense Acquisition Workforce Development Fund:
From ``Department of Defense Acquisition Workforce
Development Fund, Defense'', $10,000,000.
Sec. 8082. None of the funds made available by this Act
for excess defense articles, assistance under section 333 of
title 10, United States Code, 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. 8083. (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. 8084. 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. 8085. 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. 8086. 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. 8087. Not to exceed $500,000,000 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. 8088. (a) Any agency receiving funds made available in
this Act, shall, subject to subsections (b) and (c), post on
the public website of that agency any report required to be
submitted by the Congress in this or any other Act, upon the
determination by the head of the agency that it shall serve
the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the
requesting Committee or Committees of Congress for no less
than 45 days.
Sec. 8089. (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. 8090. From within the funds appropriated for
operation and maintenance for the Defense Health Program in
this Act, up to $115,519,000, 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

[[Page H6383]]

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. 8091. 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. 8092. 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. 8093. 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. 8094. 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. 8095. (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. 8096. 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. 8097. 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. 8098. (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. 8099. 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. 8100. (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. 8101. 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. 8102. The Secretary of Defense shall post grant
awards on a public Website in a searchable format.
Sec. 8103. 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. 8104. None of the funds made available by this Act
may be used by the National Security Agency to--
(1) conduct an acquisition pursuant to section 702 of the
Foreign Intelligence Surveillance Act of 1978 for the purpose
of targeting a United States person; or
(2) acquire, monitor, or store the contents (as such term
is defined in section 2510(8) of title 18, United States
Code) of any electronic communication of a United States
person from a provider of electronic communication services
to the public pursuant to section 501 of the Foreign
Intelligence Surveillance Act of 1978.
Sec. 8105. 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. 8106. 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 unless explicity provided for
in a Defense Appropriations Act: 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. 8107. 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

[[Page H6384]]

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. 8108. 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. 8109. None of the funds provided in this Act for the
T-AO Fleet Oiler or the Towing, Salvage, and Rescue Ship
programs 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. 8110. The amount appropriated in title II of this Act
for ``Operation and Maintenance, Army'' is hereby reduced by
$75,000,000 to reflect excess cash balances in Department of
Defense Working Capital Funds.
Sec. 8111. 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 $1,007,267,000.
Sec. 8112. 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. 8113. 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. 8114. Of the amounts appropriated in this Act for
``Operation and Maintenance, Navy'', $289,255,000, 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.
Sec. 8115. 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, except for
source selection and other activities necessary to enter the
engineering and manufacturing development phase.
Sec. 8116. 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. 8117. 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. 8118. (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.
Sec. 8119. 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. 8120. 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).

(including transfer fund)

Sec. 8121. In addition to amounts provided elsewhere in
this Act for military personnel pay, including active duty,
reserve and National Guard personnel, $206,400,000 is hereby
appropriated to the Department of Defense and made available
for transfer only to military personnel accounts: Provided,
That the transfer authority provided under this heading is in
addition to any other transfer authority provided elsewhere
in this Act.
Sec. 8122. In addition to amounts provided elsewhere in
this Act, there is appropriated $235,000,000, for an
additional amount for ``Operation and Maintenance, Defense-
Wide'', to remain available until expended: Provided, That
such funds shall only be available to the Secretary of
Defense, acting through the Office of Economic Adjustment of
the Department of Defense, or for transfer to the Secretary
of Education, notwithstanding any other provision of law, to
make grants, conclude cooperative agreements, or supplement
other Federal funds to construct, renovate, repair, or expand
elementary and secondary public schools on military
installations in order to address capacity or facility
condition deficiencies at such schools: Provided further,
That in making such funds available, the Office of Economic
Adjustment or the Secretary of Education shall give priority
consideration to those military installations with schools
having the most serious capacity or facility condition
deficiencies as determined by the Secretary of Defense:
Provided further, That as a condition of receiving funds
under this section a local educational agency or State shall
provide a matching share as described in the notice titled
``Department of Defense Program for Construction, Renovation,
Repair or Expansion of Public Schools Located on Military
Installations'' published by the Department of Defense in the
Federal Register on September 9, 2011 (76 Fed. Reg. 55883 et
seq.): Provided further, That these provisions apply to funds
provided under this section, and to funds previously provided
by Congress to construct, renovate, repair, or expand
elementary and secondary public schools on military
installations in order to address capacity or facility
condition deficiencies at such schools to the extent such
funds remain unobligated on the date of enactment of this
section.
Sec. 8123. None of the funds made available by this Act
may be used to carry out the changes to the Joint Travel
Regulations of the Department of Defense described in the
memorandum of the Per Diem Travel and Transportation
Allowance Committee titled ``UTD/CTD for MAP 118-13/CAP 118-
13 - Flat Rate Per Diem for Long Term TDY'' and dated October
1, 2014.
Sec. 8124. In carrying out the program described in the
memorandum on the subject of ``Policy for Assisted
Reproductive Services for the Benefit of Seriously or
Severely Ill/Injured (Category II or III) Active Duty Service
Members'' issued by the Assistant Secretary of Defense for
Health Affairs on April 3, 2012, and the guidance issued to
implement such memorandum, the Secretary of Defense shall
apply such policy and guidance, except that--
(1) the limitation on periods regarding embryo
cryopreservation and storage set forth in part III(G) and in
part IV(H) of such memorandum shall not apply; and
(2) the term ``assisted reproductive technology'' shall
include embryo cryopreservation and storage without
limitation on the duration of such cryopreservation and
storage.

TITLE IX

OVERSEAS CONTINGENCY OPERATIONS/GLOBAL WAR ON TERRORISM

MILITARY PERSONNEL

Military Personnel, Army

For an additional amount for ``Military Personnel, Army'',
$2,635,317,000: 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'',
$377,857,000: 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'', $103,800,000: 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'', $912,779,000: Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.

Reserve Personnel, Army

For an additional amount for ``Reserve Personnel, Army'',
$24,942,000: 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.

[[Page H6385]]

Reserve Personnel, Navy

For an additional amount for ``Reserve Personnel, Navy'',
$9,091,000: 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'', $2,328,000: 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'', $20,569,000: 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'', $184,589,000: 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'', $5,004,000: 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, National Defense Restoration Fund

(including transfer of funds)

In addition to amounts provided elsewhere in this Act,
there is appropriated $1,000,000,000, for the ``Military
Personnel, National Defense Restoration Fund'': Provided,
That such funds provided under this heading shall only be
available for programs, projects and activities necessary to
implement the 2018 National Defense Strategy: Provided
further, That such funds shall not be available for transfer
until 30 days after the Secretary has submitted, and the
congressional defense committees have approved, the proposed
allocation plan for the use of such funds to implement such
strategy: Provided further, That such allocation plan shall
include a detailed justification for the use of such funds
and a description of how such investments are necessary to
implement the strategy: Provided further, That the Secretary
of Defense may transfer these funds only to military
personnel accounts: Provided further, That the funds
transferred shall be merged with and shall be available for
the same purposes and for the same time period, as the
appropriation to which transferred: Provided further, That
none of the funds made available under this heading may be
transferred to any program, project, or activity specifically
limited or denied by this Act: Provided further, That the
transfer authority provided under this heading is in addition
to any other transfer authority available to the Department
of Defense: 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

Operation and Maintenance, Army

For an additional amount for ``Operation and Maintenance,
Army'', $16,126,403,000: 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'', $5,875,015,000, of which up to $161,885,000 may be
transferred to the Coast Guard ``Operating Expenses''
account: 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'', $1,116,640,000: 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'', $10,266,295,000: 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'', $6,944,201,000: Provided, That of the funds
provided under this heading, not to exceed $900,000,000, to
remain available until September 30, 2019, 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 funds
provided under this heading 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 funds provided under this heading 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, 2019, 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
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'', $24,699,000: 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'', $23,980,000: 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'', $3,367,000: 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'', $58,523,000: 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'', $108,111,000: 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'', $15,400,000: 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, National Defense Restoration Fund

(including transfer of funds)

In addition to amounts provided elsewhere in this Act,
there is appropriated $2,000,000,000, for the ``Operation and
Maintenance, National Defense Restoration Fund'': Provided,
That such funds provided under this heading shall only be
available for programs, projects and activities necessary to
implement the 2018 National Defense Strategy: Provided
further, That such funds shall not be available for transfer
until 30 days after the Secretary has submitted, and the
congressional defense committees have approved, the proposed
allocation plan for the use of such funds to implement such
strategy: Provided further, That such allocation plan shall
include a detailed justification for the use of such funds
and a description of how such investments are necessary to
implement the strategy: Provided further, That the Secretary
of Defense may transfer these funds only to operation and
maintenance accounts: Provided further, That the funds
transferred shall be merged with and shall be available for
the same purposes and for the same time period, as the
appropriation to which transferred: Provided further, That
none of the funds made available under this heading may be
transferred to any program, project, or activity specifically
limited or denied

[[Page H6386]]

by this Act: Provided further, That the transfer authority
provided under this heading is in addition to any other
transfer authority available to the Department of Defense:
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.

Afghanistan Security Forces Fund

For the ``Afghanistan Security Forces Fund'',
$4,937,515,000, 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 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'', $1,769,000,000, to remain available
until September 30, 2019: 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, Lebanon, Egypt, and Tunisia 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'', $424,686,000, to remain available until September 30,
2020: 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'',
$557,583,000, to remain available until September 30, 2020:
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'', $1,191,139,000, to remain
available until September 30, 2020: 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'', $193,436,000, to remain available until September 30,
2020: 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'',
$405,575,000, to remain available until September 30, 2020:
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'', $157,300,000, to remain available until September 30,
2020: 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'',
$130,994,000, to remain available until September 30, 2020:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War

[[Page H6387]]

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'', $223,843,000, to remain available
until September 30, 2020: 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'',
$207,984,000, to remain available until September 30, 2020:
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'',
$64,071,000, to remain available until September 30, 2020:
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'', $510,836,000, to remain available until September
30, 2020: 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'', $381,700,000, to remain available until September
30, 2020: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.

Space Procurement, Air Force

For an additional amount for "Space Procurement, Air Force
", $2,256,000, to remain available until September 30, 2020:
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'', $501,509,000, to remain available until
September 30, 2020: 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'', $3,998,887,000, to remain available until September
30, 2020: 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'',
$510,741,000, to remain available until September 30, 2020:
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,
$1,000,000,000, to remain available for obligation until
September 30, 2020: 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.

Procurement, National Defense Restoration Fund

(including transfer of funds)

In addition to amounts provided elsewhere in this Act,
there is appropriated $6,000,000,000, for the ``Procurement,
National Defense Restoration Fund'': Provided, That such
funds provided under this heading shall only be available for
programs, projects and activities necessary to implement the
2018 National Defense Strategy: Provided further, That such
funds shall not be available for transfer until 30 days after
the Secretary has submitted, and the congressional defense
committees have approved, the proposed allocation plan for
the use of such funds to implement such strategy: Provided
further, That such allocation plan shall include a detailed
justification for the use of such funds and a description of
how such investments are necessary to implement the strategy:
Provided further, That the Secretary of Defense may transfer
these funds only to procurement accounts: Provided further,
That the funds transferred shall be merged with and shall be
available for the same purposes and for the same time period,
as the appropriation to which transferred: Provided further,
That none of the funds made available under this heading may
be transferred to any program, project, or activity
specifically limited or denied by this Act: Provided further,
That the transfer authority provided under this heading is in
addition to any other transfer authority available to the
Department of Defense: 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'', $119,368,000, 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.

Research, Development, Test and Evaluation, Navy

For an additional amount for ``Research, Development, Test
and Evaluation, Navy'', $124,865,000, 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.

Research, Development, Test and Evaluation, Air Force

For an additional amount for ``Research, Development, Test
and Evaluation, Air Force'', $144,508,000, 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.

Research, Development, Test and Evaluation, Defense-Wide

For an additional amount for ``Research, Development, Test
and Evaluation, Defense-Wide'', $226,096,000, 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.

Research, Development, Test and Evaluation, National Defense
Restoration Fund

(including transfer of funds)

In addition to amounts provided elsewhere in this Act,
there is appropriated $1,000,000,000, for the ``Research,
Development, Test and Evaluation, National Defense
Restoration Fund'': Provided, That such funds provided under
this heading shall only be available for programs, projects
and activities necessary to implement the 2018 National
Defense Strategy: Provided further, That such funds shall not
be available for transfer until 30 days after the Secretary
has submitted, and the congressional defense committees have
approved, the proposed allocation plan for the use of such
funds to implement such strategy: Provided further, That such
allocation plan shall include a detailed justification for
the use of such funds and a description of how such
investments are necessary to implement the strategy: Provided
further, That the Secretary of Defense may transfer these
funds only to research, development, test and evaluation
accounts: Provided further, That the funds transferred shall
be merged with and shall be available for the same purposes
and for the same time period, as the appropriation to which
transferred: Provided further, That none of the funds made
available under this heading may be transferred to any
program, project, or activity specifically limited or denied
by this Act: Provided further, That the transfer authority
provided under this heading is in addition to any other
transfer authority available to the Department of Defense:
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.

REVOLVING AND MANAGEMENT FUNDS

Defense Working Capital Funds

For an additional amount for ``Defense Working Capital
Funds'', $148,956,000: 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'',
$395,805,000, 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)

[[Page H6388]]

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'', $196,300,000: Provided,
That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985.

Joint Improvised-Threat Defeat Fund

(including transfer of funds)

For the ``Joint Improvised-Threat Defeat Fund'',
$483,058,000, to remain available until September 30, 2020:
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'', $24,692,000: 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 2018.

(including transfer of funds)

Sec. 9002. Upon the determination of the Secretary of
Defense that such action is necessary in the national
interest, the Secretary may, with the approval of the Office
of Management and Budget, transfer up to $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. 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. 9012. 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. 9013. For the ``Ukraine Security Assistance
Initiative'', $150,000,000 is hereby appropriated, 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; 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 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

[[Page H6389]]

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. 9014. 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 9013 of
this Act.
Sec. 9015. None of the funds made available by this Act
under section 9013 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. 9016. (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. 9017. 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, 2018.
Sec. 9018. None of the funds made available by this Act
may be used with respect to Syria in contravention of the War
Powers Resolution (50 U.S.C. 1541 et seq.), including for the
introduction of United States armed or military forces into
hostilities in Syria, into situations in Syria where imminent
involvement in hostilities is clearly indicated by the
circumstances, or into Syrian territory, airspace, or waters
while equipped for combat, in contravention of the
congressional consultation and reporting requirements of
sections 3 and 4 of that law (50 U.S.C. 1542 and 1543).

(rescissions)

Sec. 9019. 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:
``Other Procurement, Air Force'', 2017/2019, $25,100,000;
``Afghanistan Security Forces Fund'', 2017/2018,
$100,000,000; and
``Counter-ISIL Train and Equip Fund'', 2017/2018,
$112,513,000.
``Operation and Maintenance, Defense-Wide, DSCA Coalition
Support Fund'', 2017/2018, $350,000,000.
Sec. 9020. Each amount designated in this Act by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985
shall be available only if the President subsequently so
designates all such amounts and transmits such designations
to the Congress.
Sec. 9021. (a) Not later than 30 days after the date of the
enactment of this Act, the President shall submit to Congress
a report on the United States strategy to defeat Al-Qaeda,
the Taliban, the Islamic State of Iraq and Syria (ISIS), and
their associated forces and co-belligerents.
(b) The report required under subsection (a) shall include
the following:
(1) An analysis of the adequacy of the existing legal
framework to accomplish the strategy described in subsection
(a), particularly with respect to the Authorization for Use
of Military Force (Public Law 107-40; 50 U.S.C. 1541 note)
and the Authorization for Use of Military Force Against Iraq
Resolution of 2002 (Public Law 107-243; 50 U.S.C. 1541 note).
(2) An analysis of the budgetary resources necessary to
accomplish the strategy described in subsection (a).
(c) Not later than 30 days after the date on which the
President submits to the appropriate congressional committees
the report required by subsection (a), the Secretary of State
and the Secretary of Defense shall testify at any hearing
held by any of the appropriate congressional committees on
the report and to which the Secretary is invited.
(d) In this section, the term ``appropriate congressional
committees'' means--
(1) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate; and
(2) the Committee on Foreign Affairs and the Committee on
Armed Services of the House of Representatives.

TITLE X--ADDITIONAL GENERAL PROVISIONS

references to act

Sec. 10001. Except as expressly provided otherwise, any
reference to ``this Act'' contained in this division shall be
treated as referring only to the provisions of this division.

references to report

Sec. 10002. Any reference to a ``report accompanying this
Act'' contained in this division shall be treated as a
reference to House Report 115-219. The effect of such Report
shall be limited to this division and shall apply for
purposes of determining the allocation of funds provided by,
and the implementation of, this division.

spending reduction account

Sec. 10003. $0.
This division may be cited as the ``Department of Defense
Appropriations Act, 2018''.

DIVISION B--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2018

The following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the Legislative
Branch for the fiscal year ending September 30, 2018, and for
other purposes, namely:

TITLE I

LEGISLATIVE BRANCH

HOUSE OF REPRESENTATIVES

Salaries and Expenses

For salaries and expenses of the House of Representatives,
$1,194,050,766, as follows:

House Leadership Offices

For salaries and expenses, as authorized by law,
$22,278,891, including: Office of the Speaker, $6,645,417,
including $25,000 for official expenses of the Speaker;
Office of the Majority Floor Leader, $2,180,048, including
$10,000 for official expenses of the Majority Leader; Office
of the Minority Floor Leader, $7,114,471, including $10,000
for official expenses of the Minority Leader; Office of the
Majority Whip, including the Chief Deputy Majority Whip,
$1,886,632, including $5,000 for official expenses of the
Majority Whip; Office of the Minority Whip, including the
Chief Deputy Minority Whip, $1,459,639, including $5,000 for
official expenses of the Minority Whip; Republican
Conference, $1,505,426; Democratic Caucus, $1,487,258:
Provided, That such amount for salaries and expenses shall
remain available from January 3, 2018 until January 2, 2019.

Members' Representational Allowances

Including Members' Clerk Hire, Official Expenses of Members, and
Official Mail

For Members' representational allowances, including
Members' clerk hire, official expenses, and official mail,
$562,632,498.

Committee Employees

Standing Committees, Special and Select

For salaries and expenses of standing committees, special
and select, authorized by House resolutions, $127,053,373:
Provided, That such amount shall remain available for such
salaries and expenses until December 31, 2018, except that
$3,150,200 of such amount shall remain available until
expended for committee room upgrading.

Committee on Appropriations

For salaries and expenses of the Committee on
Appropriations, $23,226,000, including studies

[[Page H6390]]

and examinations of executive agencies and temporary personal
services for such committee, to be expended in accordance
with section 202(b) of the Legislative Reorganization Act of
1946 and to be available for reimbursement to agencies for
services performed: Provided, That such amount shall remain
available for such salaries and expenses until December 31,
2018.

Salaries, Officers and Employees

For compensation and expenses of officers and employees, as
authorized by law, $198,156,000, including: for salaries and
expenses of the Office of the Clerk, including the positions
of the Chaplain and the Historian, and including not more
than $25,000 for official representation and reception
expenses, of which not more than $20,000 is for the Family
Room and not more than $2,000 is for the Office of the
Chaplain, $27,945,000; for salaries and expenses of the
Office of the Sergeant at Arms, including the position of
Superintendent of Garages and the Office of Emergency
Management, and including not more than $3,000 for official
representation and reception expenses, $20,505,000 of which
$6,696,000 shall remain available until expended; for
salaries and expenses of the Office of the Chief
Administrative Officer including not more than $3,000 for
official representation and reception expenses, $127,165,000,
of which $2,108,000 shall remain available until expended;
for salaries and expenses of the Office of the Inspector
General, $4,968,000; for salaries and expenses of the Office
of General Counsel, $1,492,000; for salaries and expenses of
the Office of the Parliamentarian, including the
Parliamentarian, $2,000 for preparing the Digest of Rules,
and not more than $1,000 for official representation and
reception expenses, $2,037,000; for salaries and expenses of
the Office of the Law Revision Counsel of the House,
$3,209,000; for salaries and expenses of the Office of the
Legislative Counsel of the House, $9,437,000; for salaries
and expenses of the Office of Interparliamentary Affairs,
$814,000; for other authorized employees, $584,000.

Allowances and Expenses

For allowances and expenses as authorized by House
resolution or law, $260,704,004, including: supplies,
materials, administrative costs and Federal tort claims,
$3,625,000; official mail for committees, leadership offices,
and administrative offices of the House, $190,000; Government
contributions for health, retirement, Social Security, and
other applicable employee benefits, $233,540,004, to remain
available until March 31, 2019; Business Continuity and
Disaster Recovery, $16,186,000 of which $5,000,000 shall
remain available until expended; transition activities for
new members and staff, $2,273,000, to remain available until
expended; Wounded Warrior Program $2,500,000, to remain
available until expended; Office of Congressional Ethics,
$1,670,000; and miscellaneous items including purchase,
exchange, maintenance, repair and operation of House motor
vehicles, interparliamentary receptions, and gratuities to
heirs of deceased employees of the House, $720,000.

Administrative Provisions

requiring amounts remaining in members' representational allowances to
be used for deficit reduction or to reduce the federal debt

Sec. 101. (a) Notwithstanding any other provision of law,
any amounts appropriated under this Act for ``HOUSE OF
REPRESENTATIVES--Salaries and Expenses--Members'
Representational Allowances'' shall be available only for
fiscal year 2018. Any amount remaining after all payments are
made under such allowances for fiscal year 2018 shall be
deposited in the Treasury and used for deficit reduction (or,
if there is no Federal budget deficit after all such payments
have been made, for reducing the Federal debt, in such manner
as the Secretary of the Treasury considers appropriate).
(b) Regulations.--The Committee on House Administration of
the House of Representatives shall have authority to
prescribe regulations to carry out this section.
(c) Definition.--As used in this section, the term ``Member
of the House of Representatives'' means a Representative in,
or a Delegate or Resident Commissioner to, the Congress.

delivery of bills and resolutions

Sec. 102. None of the funds made available in this Act may
be used to deliver a printed copy of a bill, joint
resolution, or resolution to the office of a Member of the
House of Representatives (including a Delegate or Resident
Commissioner to the Congress) unless the Member requests a
copy.

delivery of congressional record

Sec. 103. None of the funds made available by this Act may
be used to deliver a printed copy of any version of the
Congressional Record to the office of a Member of the House
of Representatives (including a Delegate or Resident
Commissioner to the Congress).

limitation on amount available to lease vehicles

Sec. 104. None of the funds made available in this Act may
be used by the Chief Administrative Officer of the House of
Representatives to make any payments from any Members'
Representational Allowance for the leasing of a vehicle,
excluding mobile district offices, in an aggregate amount
that exceeds $1,000 for the vehicle in any month.

limitation on printed copies of u.s. code to house

Sec. 105. None of the funds made available by this Act may
be used to provide an aggregate number of more than 50
printed copies of any edition of the United States Code to
all offices of the House of Representatives.

delivery of reports of disbursements

Sec. 106. None of the funds made available by this Act may
be used to deliver a printed copy of the report of
disbursements for the operations of the House of
Representatives under section 106 of the House of
Representatives Administrative Reform Technical Corrections
Act (2 U.S.C. 5535) to the office of a Member of the House of
Representatives (including a Delegate or Resident
Commissioner to the Congress).

delivery of daily calendar

Sec. 107. None of the funds made available by this Act may
be used to deliver to the office of a Member of the House of
Representatives (including a Delegate or Resident
Commissioner to the Congress) a printed copy of the Daily
Calendar of the House of Representatives which is prepared by
the Clerk of the House of Representatives.

delivery of congressional pictorial directory

Sec. 108. None of the funds made available by this Act may
be used to deliver a printed copy of the Congressional
Pictorial Directory to the office of a Member of the House of
Representatives (including a Delegate or Resident
Commissioner to the Congress).

amending the house services revolving fund

Sec. 109. (a) Collection of Certain Service Fees.--Section
105(a) of the Legislative Branch Appropriations Act, 2005 (2
U.S.C. 5545(a)) is amended by adding at the end the following
new paragraph:
``(7) The collection of a service fee from vendors of the
Master Web Services Agreement or the Technology Services
Contract for failure to abide by and maintain House of
Representatives security policies.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on the date of the enactment of this Act.

adjustments to compensation

Sec. 110. Not withstanding any other provision of law, no
adjustment shall be made under section 601(a) of the
Legislative Reorganization Act of 1946 (2 U.S.C. 4501)
(relating to cost of living adjustments for Members of
Congress) during fiscal year 2018.

JOINT ITEMS

For Joint Committees, as follows:

Joint Economic Committee

For salaries and expenses of the Joint Economic Committee,
$4,203,000, to be disbursed by the Secretary of the Senate.

Joint Committee on Taxation

For salaries and expenses of the Joint Committee on
Taxation, $10,455,000, to be disbursed by the Chief
Administrative Officer of the House of Representatives.
For other joint items, as follows:

Office of the Attending Physician

For medical supplies, equipment, and contingent expenses of
the emergency rooms, and for the Attending Physician and his
assistants, including:
(1) an allowance of $2,175 per month to the Attending
Physician;
(2) an allowance of $1,300 per month to the Senior Medical
Officer;
(3) an allowance of $725 per month each to three medical
officers while on duty in the Office of the Attending
Physician;
(4) an allowance of $725 per month to 2 assistants and $580
per month each not to exceed 11 assistants on the basis
heretofore provided for such assistants; and
(5) $2,780,000 for reimbursement to the Department of the
Navy for expenses incurred for staff and equipment assigned
to the Office of the Attending Physician, which shall be
advanced and credited to the applicable appropriation or
appropriations from which such salaries, allowances, and
other expenses are payable and shall be available for all the
purposes thereof, $3,838,000, to be disbursed by the Chief
Administrative Officer of the House of Representatives.

Office of Congressional Accessibility Services

Salaries and Expenses

For salaries and expenses of the Office of Congressional
Accessibility Services, $1,444,000, to be disbursed by the
Secretary of the Senate.

Administrative Provision

Sec. 1001. (a) Establishment of Senior Level Positions.--
Notwithstanding any order issued by the Speaker of the House
of Representatives pursuant to paragraph (1) of section
311(d) of the Legislative Branch Appropriations Act, 1988 (2
U.S.C. 4532(1)), the chair of the Joint Committee on Taxation
may establish and fix the compensation of senior level
positions in the staff of the Joint Committee to meet
critical scientific, technical, professional, or executive
needs of the Joint Committee.
(b) Limitation on Compensation.--The annual rate of pay for
any position established under this section may not exceed
the annual rate of pay for level II of the Executive
Schedule.
(c) Conforming Amendment.-- Subsection (e) of section 214
of the Postal Revenue and Federal Salary Act of 1967 (2
U.S.C. 4302) is repealed.
(d) Effective Date.--This section shall apply with respect
to fiscal year 2018 and each succeeding fiscal year.

CAPITOL POLICE

Salaries

For salaries of employees of the Capitol Police, including
overtime, hazardous duty pay, and Government contributions
for health, retirement, social security, professional
liability insurance, and other applicable employee benefits,
$347,700,000 of which overtime shall not exceed $45,000,000
unless the Committee on Appropriations of the House and
Senate are notified, to be disbursed by the Chief of the
Capitol Police or his designee.

General Expenses

For necessary expenses of the Capitol Police, including
motor vehicles, communications and

[[Page H6391]]

other equipment, security equipment and installation,
uniforms, weapons, supplies, materials, training, medical
services, forensic services, stenographic services, personal
and professional services, the employee assistance program,
the awards program, postage, communication services, travel
advances, relocation of instructor and liaison personnel for
the Federal Law Enforcement Training Center, and not more
than $5,000 to be expended on the certification of the Chief
of the Capitol Police in connection with official
representation and reception expenses, $74,800,000, to be
disbursed by the Chief of the Capitol Police or his designee:
Provided, That, notwithstanding any other provision of law,
the cost of basic training for the Capitol Police at the
Federal Law Enforcement Training Center for fiscal year 2018
shall be paid by the Secretary of Homeland Security from
funds available to the Department of Homeland Security.

OFFICE OF COMPLIANCE

Salaries and Expenses

For salaries and expenses of the Office of Compliance, as
authorized by section 305 of the Congressional Accountability
Act of 1995 (2 U.S.C. 1385), $3,959,000, of which $450,000
shall remain available until September 30, 2019: Provided,
That not more than $500 may be expended on the certification
of the Executive Director of the Office of Compliance in
connection with official representation and reception
expenses.

CONGRESSIONAL BUDGET OFFICE

Salaries and Expenses

For salaries and expenses necessary for operation of the
Congressional Budget Office, including not more than $6,000
to be expended on the certification of the Director of the
Congressional Budget Office in connection with official
representation and reception expenses, $48,500,000.

ARCHITECT OF THE CAPITOL

Capital Construction and Operations

For salaries for the Architect of the Capitol, and other
personal services, at rates of pay provided by law; for all
necessary expenses for surveys and studies, construction,
operation, and general and administrative support in
connection with facilities and activities under the care of
the Architect of the Capitol including the Botanic Garden;
electrical substations of the Capitol, Senate and House
office buildings, and other facilities under the jurisdiction
of the Architect of the Capitol; including furnishings and
office equipment; including not more than $5,000 for official
reception and representation expenses, to be expended as the
Architect of the Capitol may approve; for purchase or
exchange, maintenance, and operation of a passenger motor
vehicle, $93,000,000.

Capitol Building

For all necessary expenses for the maintenance, care and
operation of the Capitol, $45,300,000, of which $19,458,000
shall remain available until September 30, 2022.

Capitol Grounds

For all necessary expenses for care and improvement of
grounds surrounding the Capitol, the Senate and House office
buildings, and the Capitol Power Plant, $13,333,000, of which
$3,195,000 shall remain available until September 30, 2022.

House Office Buildings

For all necessary expenses for the maintenance, care and
operation of the House office buildings, $169,294,000, of
which $45,130,000 shall remain available until September 30,
2022, and of which $62,000,000 shall remain available until
expended for the restoration and renovation of the Cannon
House Office Building.
In addition, for a payment to the House Historic Buildings
Revitalization Trust Fund, $10,000,000, to remain available
until expended.

Capitol Power Plant

For all necessary expenses for the maintenance, care and
operation of the Capitol Power Plant; lighting, heating,
power (including the purchase of electrical energy) and water
and sewer services for the Capitol, Senate and House office
buildings, Library of Congress buildings, and the grounds
about the same, Botanic Garden, Senate garage, and air
conditioning refrigeration not supplied from plants in any of
such buildings; heating the Government Publishing Office and
Washington City Post Office, and heating and chilled water
for air conditioning for the Supreme Court Building, the
Union Station complex, the Thurgood Marshall Federal
Judiciary Building and the Folger Shakespeare Library,
expenses for which shall be advanced or reimbursed upon
request of the Architect of the Capitol and amounts so
received shall be deposited into the Treasury to the credit
of this appropriation, $106,694,000, of which $28,057,000
shall remain available until September 30, 2022: Provided,
That not more than $9,000,000 of the funds credited or to be
reimbursed to this appropriation as herein provided shall be
available for obligation during fiscal year 2018.

Library Buildings and Grounds

For all necessary expenses for the mechanical and
structural maintenance, care and operation of the Library
buildings and grounds, $76,097,000, of which $48,724,000
shall remain available until September 30, 2022.

Capitol Police Buildings, Grounds and Security

For all necessary expenses for the maintenance, care and
operation of buildings, grounds and security enhancements of
the United States Capitol Police, wherever located, the
Alternate Computer Facility, and Architect of the Capitol
security operations, $33,249,000, of which $12,300,000 shall
remain available until September 30, 2022.

Botanic Garden

For all necessary expenses for the maintenance, care and
operation of the Botanic Garden and the nurseries, buildings,
grounds, and collections; and purchase and exchange,
maintenance, repair, and operation of a passenger motor
vehicle; all under the direction of the Joint Committee on
the Library, $13,400,000, of which $2,600,000 shall remain
available until September 30, 2022: Provided, That, of the
amount made available under this heading, the Architect of
the Capitol may obligate and expend such sums as may be
necessary for the maintenance, care and operation of the
National Garden established under section 307E of the
Legislative Branch Appropriations Act, 1989 (2 U.S.C. 2146),
upon vouchers approved by the Architect of the Capitol or a
duly authorized designee.

Capitol Visitor Center

For all necessary expenses for the operation of the Capitol
Visitor Center, $21,470,000.

Administrative Provisions

no bonuses for contractors behind schedule or over budget

Sec. 1101. None of the funds made available in this Act
for the Architect of the Capitol may be used to make
incentive or award payments to contractors for work on
contracts or programs for which the contractor is behind
schedule or over budget, unless the Architect of the Capitol,
or agency-employed designee, determines that any such
deviations are due to unforeseeable events, government-driven
scope changes, or are not significant within the overall
scope of the project and/or program.

scrims

Sec. 1102. None of the funds made available by this Act
may be used for scrims containing photographs of building
facades during restoration or construction projects performed
by the Architect of the Capitol.

LIBRARY OF CONGRESS

Salaries and Expenses

For all necessary expenses of the Library of Congress not
otherwise provided for, including development and maintenance
of the Library's catalogs; custody and custodial care of the
Library buildings; special clothing; cleaning, laundering and
repair of uniforms; preservation of motion pictures in the
custody of the Library; operation and maintenance of the
American Folklife Center in the Library; preparation and
distribution of catalog records and other publications of the
Library; hire or purchase of one passenger motor vehicle; and
expenses of the Library of Congress Trust Fund Board not
properly chargeable to the income of any trust fund held by
the Board, $464,209,234, of which not more than $6,000,000
shall be derived from collections credited to this
appropriation during fiscal year 2018, and shall remain
available until expended, under the Act of June 28, 1902
(chapter 1301; 32 Stat. 480; 2 U.S.C. 150) and not more than
$350,000 shall be derived from collections during fiscal year
2018 and shall remain available until expended for the
development and maintenance of an international legal
information database and activities related thereto:
Provided, That the Library of Congress may not obligate or
expend any funds derived from collections under the Act of
June 28, 1902, in excess of the amount authorized for
obligation or expenditure in appropriations Acts: Provided
further, That the total amount available for obligation shall
be reduced by the amount by which collections are less than
$6,350,000: Provided further, That, of the total amount
appropriated, not more than $12,000 may be expended, on the
certification of the Librarian of Congress, in connection
with official representation and reception expenses for the
Overseas Field Offices: Provided further, That, of the total
amount appropriated, $8,653,000 shall remain available until
expended for the digital collections and educational
curricula program: Provided further, That, of the total
amount appropriated, $1,300,000 shall remain available until
expended for upgrade of the Legislative Branch Financial
Management System.

salaries and expenses

For all necessary expenses of the Copyright Office,
$72,011,000, of which not more than $35,218,000, to remain
available until expended, shall be derived from collections
credited to this appropriation during fiscal year 2018 under
section 708(d) of title 17, United States Code: Provided,
That the Copyright Office may not obligate or expend any
funds derived from collections under such section, in excess
of the amount authorized for obligation or expenditure in
appropriations Acts: Provided further, That not more than
$6,087,000 shall be derived from collections during fiscal
year 2018 under sections 111(d)(2), 119(b)(3), 803(e), 1005,
and 1316 of such title: Provided further, That the total
amount available for obligation shall be reduced by the
amount by which collections are less than $41,305,000:
Provided further, That not more than $100,000 of the amount
appropriated is available for the maintenance of an
``International Copyright Institute'' in the Copyright Office
of the Library of Congress for the purpose of training
nationals of developing countries in intellectual property
laws and policies: Provided further, That $2,260,000 shall be
derived from prior year unobligated balances: Provided
further, That not more than $6,500 may be expended, on the
certification of the Librarian of Congress, in connection
with official representation and reception expenses for
activities of the International Copyright Institute and for
copyright delegations, visitors, and seminars: Provided
further, That, notwithstanding any provision of chapter 8 of
title 17, United States Code, any amounts made available
under this heading which are attributable to royalty fees and
payments received by the Copyright Office pursuant

[[Page H6392]]

to sections 111, 119, and chapter 10 of such title may be
used for the costs incurred in the administration of the
Copyright Royalty Judges program, with the exception of the
costs of salaries and benefits for the Copyright Royalty
Judges and staff under section 802(e).

Congressional Research Service

salaries and expenses

For all necessary expenses to carry out the provisions of
section 203 of the Legislative Reorganization Act of 1946 (2
U.S.C. 166) and to revise and extend the Annotated
Constitution of the United States of America, $111,474,000:
Provided, That no part of such amount may be used to pay any
salary or expense in connection with any publication, or
preparation of material therefor (except the Digest of Public
General Bills), to be issued by the Library of Congress
unless such publication has obtained prior approval of either
the Committee on House Administration of the House of
Representatives or the Committee on Rules and Administration
of the Senate.

Books for the Blind and Physically Handicapped

salaries and expenses

For all necessary expenses to carry out the Act of March 3,
1931 (chapter 400; 46 Stat. 1487; 2 U.S.C. 135a),
$50,248,000: Provided, That, of the total amount
appropriated, $650,000 shall be available to contract to
provide newspapers to blind and physically handicapped
residents at no cost to the individual.

Administrative Provision

reimbursable and revolving fund activities

Sec. 1201. (a) In General.--For fiscal year 2018, the
obligational authority of the Library of Congress for the
activities described in subsection (b) may not exceed
$190,642,000.
(b) Activities.--The activities referred to in subsection
(a) are reimbursable and revolving fund activities that are
funded from sources other than appropriations to the Library
in appropriations Acts for the legislative branch.

GOVERNMENT PUBLISHING OFFICE

Congressional Publishing

(including transfer of funds)

For authorized publishing of congressional information and
the distribution of congressional information in any format;
publishing of Government publications authorized by law to be
distributed to Members of Congress; and publishing, and
distribution of Government publications authorized by law to
be distributed without charge to the recipient, $79,528,000:
Provided, That this appropriation shall not be available for
paper copies of the permanent edition of the Congressional
Record for individual Representatives, Resident Commissioners
or Delegates authorized under section 906 of title 44, United
States Code: Provided further, That this appropriation shall
be available for the payment of obligations incurred under
the appropriations for similar purposes for preceding fiscal
years: Provided further, That notwithstanding the 2-year
limitation under section 718 of title 44, United States Code,
none of the funds appropriated or made available under this
Act or any other Act for printing and binding and related
services provided to Congress under chapter 7 of title 44,
United States Code, may be expended to print a document,
report, or publication after the 27-month period beginning on
the date that such document, report, or publication is
authorized by Congress to be printed, unless Congress
reauthorizes such printing in accordance with section 718 of
title 44, United States Code: Provided further, That any
unobligated or unexpended balances in this account or
accounts for similar purposes for preceding fiscal years may
be transferred to the Government Publishing Office Business
Operations Revolving Fund for carrying out the purposes of
this heading, subject to the approval of the Committees on
Appropriations of the House of Representatives and Senate:
Provided further, That notwithstanding sections 901, 902, and
906 of title 44, United States Code, this appropriation may
be used to prepare indexes to the Congressional Record on
only a monthly and session basis.

Public Information Programs of the Superintendent of Documents

salaries and expenses

(including transfer of funds)

For expenses of the public information programs of the
Office of Superintendent of Documents necessary to provide
for the cataloging and indexing of Government publications
and their distribution to the public, Members of Congress,
other Government agencies, and designated depository and
international exchange libraries as authorized by law,
$29,000,000: Provided, That amounts of not more than
$2,000,000 from current year appropriations are authorized
for producing and disseminating Congressional serial sets and
other related publications for fiscal years 2016 and 2017 to
depository and other designated libraries: Provided further,
That any unobligated or unexpended balances in this account
or accounts for similar purposes for preceding fiscal years
may be transferred to the Government Publishing Office
Business Operations Revolving Fund for carrying out the
purposes of this heading, subject to the approval of the
Committees on Appropriations of the House of Representatives
and Senate.

Government Publishing Office Business Operations Revolving Fund

For payment to the Government Publishing Office Business
Operations Revolving Fund, $8,540,000, to remain available
until expended, for information technology development and
facilities repair: Provided, That the Government Publishing
Office is hereby authorized to make such expenditures, within
the limits of funds available and in accordance with law, and
to make such contracts and commitments without regard to
fiscal year limitations as provided by section 9104 of title
31, United States Code, as may be necessary in carrying out
the programs and purposes set forth in the budget for the
current fiscal year for the Government Publishing Office
Business Operations Revolving Fund: Provided further, That
not more than $7,500 may be expended on the certification of
the Director of the Government Publishing Office in
connection with official representation and reception
expenses: Provided further, That the business operations
revolving fund shall be available for the hire or purchase of
not more than 12 passenger motor vehicles: Provided further,
That expenditures in connection with travel expenses of the
advisory councils to the Director of the Government
Publishing Office shall be deemed necessary to carry out the
provisions of title 44, United States Code: Provided further,
That the business operations revolving fund shall be
available for temporary or intermittent services under
section 3109(b) of title 5, United States Code, but at rates
for individuals not more than the daily equivalent of the
annual rate of basic pay for level V of the Executive
Schedule under section 5316 of such title: Provided further,
That activities financed through the business operations
revolving fund may provide information in any format:
Provided further, That the business operations revolving fund
and the funds provided under the heading ``Public Information
Programs of the Superintendent of Documents'' may not be used
for contracted security services at the Government Publishing
Office's passport facility in the District of Columbia.

GOVERNMENT ACCOUNTABILITY OFFICE

Salaries and Expenses

For necessary expenses of the Government Accountability
Office, including not more than $12,500 to be expended on the
certification of the Comptroller General of the United States
in connection with official representation and reception
expenses; temporary or intermittent services under section
3109(b) of title 5, United States Code, but at rates for
individuals not more than the daily equivalent of the annual
rate of basic pay for level IV of the Executive Schedule
under section 5315 of such title; hire of one passenger motor
vehicle; advance payments in foreign countries in accordance
with section 3324 of title 31, United States Code; benefits
comparable to those payable under sections 901(5), (6), and
(8) of the Foreign Service Act of 1980 (22 U.S.C. 4081(5),
(6), and (8)); and under regulations prescribed by the
Comptroller General of the United States, rental of living
quarters in foreign countries, $544,505,919: Provided, That,
in addition, $23,800,000 of payments received under sections
782, 791, 3521, and 9105 of title 31, United States Code,
shall be available without fiscal year limitation: Provided
further, That this appropriation and appropriations for
administrative expenses of any other department or agency
which is a member of the National Intergovernmental Audit
Forum or a Regional Intergovernmental Audit Forum shall be
available to finance an appropriate share of either Forum's
costs as determined by the respective Forum, including
necessary travel expenses of non-Federal participants:
Provided further, That payments hereunder to the Forum may be
credited as reimbursements to any appropriation from which
costs involved are initially financed.

OPEN WORLD LEADERSHIP CENTER TRUST FUND

For a payment to the Open World Leadership Center Trust
Fund for financing activities of the Open World Leadership
Center under section 313 of the Legislative Branch
Appropriations Act, 2001 (2 U.S.C. 1151), $5,600,000:
Provided, That funds made available to support Russian
participants shall only be used for those engaging in free
market development, humanitarian activities, and civic
engagement, and shall not be used for officials of the
central government of Russia.

John C. Stennis Center for Public Service Training and Development

For payment 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), $430,000.

TITLE II

GENERAL PROVISIONS

maintenance and care of private vehicles

Sec. 201. No part of the funds appropriated in this Act
shall be used for the maintenance or care of private
vehicles, except for emergency assistance and cleaning as may
be provided under regulations relating to parking facilities
for the House of Representatives issued by the Committee on
House Administration and for the Senate issued by the
Committee on Rules and Administration.

fiscal year limitation

Sec. 202. No part of the funds appropriated in this Act
shall remain available for obligation beyond fiscal year 2018
unless expressly so provided in this Act.

rates of compensation and designation

Sec. 203. Whenever in this Act any office or position not
specifically established by the Legislative Pay Act of 1929
(46 Stat. 32 et seq.) is appropriated for or the rate of
compensation or designation of any office or position
appropriated for is different from that specifically
established by such Act, the rate of compensation and the
designation in this Act shall be the permanent law with
respect thereto: Provided, That the provisions in this Act
for the various items of official expenses of Members,
officers, and committees of the Senate and House of
Representatives, and clerk hire for Senators and Members of
the House of Representatives shall be the permanent law with
respect thereto.

[[Page H6393]]

consulting services

Sec. 204. The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
under section 3109 of title 5, United States Code, shall be
limited to those contracts where such expenditures are a
matter of public record and available for public inspection,
except where otherwise provided under existing law, or under
existing Executive order issued under existing law.

costs of lbfmc

Sec. 205. Amounts available for administrative expenses of
any legislative branch entity which participates in the
Legislative Branch Financial Managers Council (LBFMC)
established by charter on March 26, 1996, shall be available
to finance an appropriate share of LBFMC costs as determined
by the LBFMC, except that the total LBFMC costs to be shared
among all participating legislative branch entities (in such
allocations among the entities as the entities may determine)
may not exceed $2,000.

limitation on transfers

Sec. 206. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this Act
or any other appropriation Act.

guided tours of the capitol

Sec. 207. (a) Except as provided in subsection (b), none of
the funds made available to the Architect of the Capitol in
this Act may be used to eliminate or restrict guided tours of
the United States Capitol which are led by employees and
interns of offices of Members of Congress and other offices
of the House of Representatives and Senate.
(b) At the direction of the Capitol Police Board, or at the
direction of the Architect of the Capitol with the approval
of the Capitol Police Board, guided tours of the United
States Capitol which are led by employees and interns
described in subsection (a) may be suspended temporarily or
otherwise subject to restriction for security or related
reasons to the same extent as guided tours of the United
States Capitol which are led by the Architect of the Capitol.

references to act

Sec. 208. Except as expressly provided otherwise, any
reference to ``this Act'' contained in this division shall be
treated as referring only to the provisions of this division.

references to report

Sec. 209. Any reference to a ``report accompanying this
Act'' contained in this division shall be treated as a
reference to House Report 115-199. The effect of such Report
shall be limited to this division and shall apply for
purposes of determining the allocation of funds provided by,
and the implementation of, this division.

spending reduction account

Sec. 210. $0.
This division may be cited as the ``Legislative Branch
Appropriations Act, 2018''.

DIVISION C--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2018

The following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for military
construction, the Department of Veterans Affairs, and related
agencies for the fiscal year ending September 30, 2018, and
for other purposes, namely:

TITLE I

DEPARTMENT OF DEFENSE

Military Construction, Army

For acquisition, construction, installation, and equipment
of temporary or permanent public works, military
installations, facilities, and real property for the Army as
currently authorized by law, including personnel in the Army
Corps of Engineers and other personal services necessary for
the purposes of this appropriation, and for construction and
operation of facilities in support of the functions of the
Commander in Chief, $923,994,000, to remain available until
September 30, 2022: Provided, That, of this amount, not to
exceed $101,470,000 shall be available for study, planning,
design, architect and engineer services, and host nation
support, as authorized by law, unless the Secretary of the
Army determines that additional obligations are necessary for
such purposes and notifies the Committees on Appropriations
of both Houses of Congress of the determination and the
reasons therefor.

Military Construction, Navy and Marine Corps

For acquisition, construction, installation, and equipment
of temporary or permanent public works, naval installations,
facilities, and real property for the Navy and Marine Corps
as currently authorized by law, including personnel in the
Naval Facilities Engineering Command and other personal
services necessary for the purposes of this appropriation,
$1,558,085,000, to remain available until September 30, 2022:
Provided, That, of this amount, not to exceed $219,069,000
shall be available for study, planning, design, and architect
and engineer services, as authorized by law, unless the
Secretary of the Navy determines that additional obligations
are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the
determination and the reasons therefor.

Military Construction, Air Force

For acquisition, construction, installation, and equipment
of temporary or permanent public works, military
installations, facilities, and real property for the Air
Force as currently authorized by law, $1,540,474,000, to
remain available until September 30, 2022: Provided, That,
of this amount, not to exceed $97,852,000 shall be available
for study, planning, design, and architect and engineer
services, as authorized by law, unless the Secretary of the
Air Force determines that additional obligations are
necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the
determination and the reasons therefor.

Military Construction, Defense-Wide

(including transfer of funds)

For acquisition, construction, installation, and equipment
of temporary or permanent public works, installations,
facilities, and real property for activities and agencies of
the Department of Defense (other than the military
departments), as currently authorized by law, $2,791,272,000,
to remain available until September 30, 2022: Provided, That
such amounts of this appropriation as may be determined by
the Secretary of Defense may be transferred to such
appropriations of the Department of Defense available for
military construction or family housing as the Secretary may
designate, 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 further, That, of the
amount, not to exceed $185,717,000 shall be available for
study, planning, design, and architect and engineer services,
as authorized by law, unless the Secretary of Defense
determines that additional obligations are necessary for such
purposes and notifies the Committees on Appropriations of
both Houses of Congress of the determination and the reasons
therefor.

Military Construction, Army National Guard

For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Army National Guard, and contributions
therefor, as authorized by chapter 1803 of title 10, United
States Code, and Military Construction Authorization Acts,
$210,652,000, to remain available until September 30, 2022:
Provided, That, of the amount, not to exceed $16,271,000
shall be available for study, planning, design, and architect
and engineer services, as authorized by law, unless the
Director of the Army National Guard determines that
additional obligations are necessary for such purposes and
notifies the Committees on Appropriations of both Houses of
Congress of the determination and the reasons therefor.

Military Construction, Air National Guard

For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Air National Guard, and contributions
therefor, as authorized by chapter 1803 of title 10, United
States Code, and Military Construction Authorization Acts,
$161,491,000, to remain available until September 30, 2022:
Provided, That, of the amount, not to exceed $18,000,000
shall be available for study, planning, design, and architect
and engineer services, as authorized by law, unless the
Director of the Air National Guard determines that additional
obligations are necessary for such purposes and notifies the
Committees on Appropriations of both Houses of Congress of
the determination and the reasons therefor.

Military Construction, Army Reserve

For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Army Reserve as authorized by chapter
1803 of title 10, United States Code, and Military
Construction Authorization Acts, $73,712,000, to remain
available until September 30, 2022: Provided, That, of the
amount, not to exceed $6,887,000 shall be available for
study, planning, design, and architect and engineer services,
as authorized by law, unless the Chief of the Army Reserve
determines that additional obligations are necessary for such
purposes and notifies the Committees on Appropriations of
both Houses of Congress of the determination and the reasons
therefor.

Military Construction, Navy Reserve

For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the reserve components of the Navy and
Marine Corps as authorized by chapter 1803 of title 10,
United States Code, and Military Construction Authorization
Acts, $65,271,000, to remain available until September 30,
2022: Provided, That, of the amount, not to exceed
$4,430,000 shall be available for study, planning, design,
and architect and engineer services, as authorized by law,
unless the Secretary of the Navy determines that additional
obligations are necessary for such purposes and notifies the
Committees on Appropriations of both Houses of Congress of
the determination and the reasons therefor.

Military Construction, Air Force Reserve

For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Air Force Reserve as authorized by
chapter 1803 of title 10, United States Code, and Military
Construction Authorization Acts, $63,535,000, to remain
available until September 30, 2022: Provided, That, of the
amount, not to exceed $4,725,000 shall be available for
study, planning, design, and architect and engineer services,
as authorized by law, unless the Chief of the Air Force
Reserve determines that additional obligations are necessary
for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the
determination and the reasons therefor: Provided further,
That, the Chief of the Air Force Reserve shall take immediate
action to address unfunded military construction requirements
for access control points and security issues at Air Force
Reserve facilities.

[[Page H6394]]

North Atlantic Treaty Organization

Security Investment Program

For the United States share of the cost of the North
Atlantic Treaty Organization Security Investment Program for
the acquisition and construction of military facilities and
installations (including international military headquarters)
and for related expenses for the collective defense of the
North Atlantic Treaty Area as authorized by section 2806 of
title 10, United States Code, and Military Construction
Authorization Acts, $177,932,000, to remain available until
expended.

Department of Defense Base Closure Account

For deposit into the Department of Defense Base Closure
Account, established by section 2906(a) of the Defense Base
Closure and Realignment Act of 1990 (10 U.S.C. 2687 note),
$290,867,000, to remain available until expended.

Family Housing Construction, Army

For expenses of family housing for the Army for
construction, including acquisition, replacement, addition,
expansion, extension, and alteration, as authorized by law,
$182,662,000, to remain available until September 30, 2022.

Family Housing Operation and Maintenance, Army

For expenses of family housing for the Army for operation
and maintenance, including debt payment, leasing, minor
construction, principal and interest charges, and insurance
premiums, as authorized by law, $346,625,000.

Family Housing Construction, Navy and Marine Corps

For expenses of family housing for the Navy and Marine
Corps for construction, including acquisition, replacement,
addition, expansion, extension, and alteration, as authorized
by law, $83,682,000, to remain available until September 30,
2022.

Family Housing Operation and Maintenance, Navy and Marine Corps

For expenses of family housing for the Navy and Marine
Corps for operation and maintenance, including debt payment,
leasing, minor construction, principal and interest charges,
and insurance premiums, as authorized by law, $328,282,000.

Family Housing Construction, Air Force

For expenses of family housing for the Air Force for
construction, including acquisition, replacement, addition,
expansion, extension, and alteration, as authorized by law,
$85,062,000, to remain available until September 30, 2022.

Family Housing Operation and Maintenance, Air Force

For expenses of family housing for the Air Force for
operation and maintenance, including debt payment, leasing,
minor construction, principal and interest charges, and
insurance premiums, as authorized by law, $318,324,000.

Family Housing Operation and Maintenance, Defense-Wide

For expenses of family housing for the activities and
agencies of the Department of Defense (other than the
military departments) for operation and maintenance, leasing,
and minor construction, as authorized by law, $59,169,000.

Department of Defense Family Housing Improvement Fund

For the Department of Defense Family Housing Improvement
Fund, $2,726,000, to remain available until expended, for
family housing initiatives undertaken pursuant to section
2883 of title 10, United States Code, providing alternative
means of acquiring and improving military family housing and
supporting facilities.

Department of Defense Military Unaccompanied Housing Improvement Fund

For the Department of Defense Military Unaccompanied
Housing Improvement Fund, $623,000, to remain available until
expended, for unaccompanied housing initiatives undertaken
pursuant to section 2883 of title 10, United States Code,
providing alternative means of acquiring and improving
military unaccompanied housing and supporting facilities.

Administrative Provisions

Sec. 101. None of the funds made available in this title
shall be expended for payments under a cost-plus-a-fixed-fee
contract for construction, where cost estimates exceed
$25,000, to be performed within the United States, except
Alaska, without the specific approval in writing of the
Secretary of Defense setting forth the reasons therefor.
Sec. 102. Funds made available in this title for
construction shall be available for hire of passenger motor
vehicles.
Sec. 103. Funds made available in this title for
construction may be used for advances to the Federal Highway
Administration, Department of Transportation, for the
construction of access roads as authorized by section 210 of
title 23, United States Code, when projects authorized
therein are certified as important to the national defense by
the Secretary of Defense.
Sec. 104. None of the funds made available in this title
may be used to begin construction of new bases in the United
States for which specific appropriations have not been made.
Sec. 105. None of the funds made available in this title
shall be used for purchase of land or land easements in
excess of 100 percent of the value as determined by the Army
Corps of Engineers or the Naval Facilities Engineering
Command, except: (1) where there is a determination of value
by a Federal court; (2) purchases negotiated by the Attorney
General or the designee of the Attorney General; (3) where
the estimated value is less than $25,000; or (4) as otherwise
determined by the Secretary of Defense to be in the public
interest.
Sec. 106. None of the funds made available in this title
shall be used to: (1) acquire land; (2) provide for site
preparation; or (3) install utilities for any family housing,
except housing for which funds have been made available in
annual Acts making appropriations for military construction.
Sec. 107. None of the funds made available in this title
for minor construction may be used to transfer or relocate
any activity from one base or installation to another,
without prior notification to the Committees on
Appropriations of both Houses of Congress.
Sec. 108. None of the funds made available in this title
may be used for the procurement of steel for any construction
project or activity for which American steel producers,
fabricators, and manufacturers have been denied the
opportunity to compete for such steel procurement.
Sec. 109. None of the funds available to the Department of
Defense for military construction or family housing during
the current fiscal year may be used to pay real property
taxes in any foreign nation.
Sec. 110. None of the funds made available in this title
may be used to initiate a new installation overseas without
prior notification to the Committees on Appropriations of
both Houses of Congress.
Sec. 111. None of the funds made available in this title
may be obligated for architect and engineer contracts
estimated by the Government to exceed $500,000 for projects
to be accomplished in Japan, in any North Atlantic Treaty
Organization member country, or in countries bordering the
Arabian Gulf, unless such contracts are awarded to United
States firms or United States firms in joint venture with
host nation firms.
Sec. 112. None of the funds made available in this title
for military construction in the United States territories
and possessions in the Pacific and on Kwajalein Atoll, or in
countries bordering the Arabian Gulf, may be used to award
any contract estimated by the Government to exceed $1,000,000
to a foreign contractor: Provided, That this section shall
not be applicable to contract awards for which the lowest
responsive and responsible bid of a United States contractor
exceeds the lowest responsive and responsible bid of a
foreign contractor by greater than 20 percent: Provided
further, That this section shall not apply to contract awards
for military construction on Kwajalein Atoll for which the
lowest responsive and responsible bid is submitted by a
Marshallese contractor.
Sec. 113. The Secretary of Defense shall inform the
appropriate committees of both Houses of Congress, including
the Committees on Appropriations, of plans and scope of any
proposed military exercise involving United States personnel
30 days prior to its occurring, if amounts expended for
construction, either temporary or permanent, are anticipated
to exceed $100,000.
Sec. 114. Funds appropriated to the Department of Defense
for construction in prior years shall be available for
construction authorized for each such military department by
the authorizations enacted into law during the current
session of Congress.
Sec. 115. For military construction or family housing
projects that are being completed with funds otherwise
expired or lapsed for obligation, expired or lapsed funds may
be used to pay the cost of associated supervision,
inspection, overhead, engineering and design on those
projects and on subsequent claims, if any.
Sec. 116. Notwithstanding any other provision of law, any
funds made available to a military department or defense
agency for the construction of military projects may be
obligated for a military construction project or contract, or
for any portion of such a project or contract, at any time
before the end of the fourth fiscal year after the fiscal
year for which funds for such project were made available, if
the funds obligated for such project: (1) are obligated from
funds available for military construction projects; and (2)
do not exceed the amount appropriated for such project, plus
any amount by which the cost of such project is increased
pursuant to law.

(including transfer of funds)

Sec. 117. Subject to 30 days prior notification, or 14
days for a notification provided in an electronic medium
pursuant to sections 480 and 2883 of title 10, United States
Code, to the Committees on Appropriations of both Houses of
Congress, such additional amounts as may be determined by the
Secretary of Defense may be transferred to: (1) the
Department of Defense Family Housing Improvement Fund from
amounts appropriated for construction in ``Family Housing''
accounts, to be merged with and to be available for the same
purposes and for the same period of time as amounts
appropriated directly to the Fund; or (2) the Department of
Defense Military Unaccompanied Housing Improvement Fund from
amounts appropriated for construction of military
unaccompanied housing in ``Military Construction'' accounts,
to be merged with and to be available for the same purposes
and for the same period of time as amounts appropriated
directly to the Fund: Provided, That appropriations made
available to the Funds shall be available to cover the costs,
as defined in section 502(5) of the Congressional Budget Act
of 1974, of direct loans or loan guarantees issued by the
Department of Defense pursuant to the provisions of
subchapter IV of chapter 169 of title 10, United States Code,
pertaining to alternative means of acquiring and improving
military family housing, military unaccompanied housing, and
supporting facilities.

(including transfer of funds)

Sec. 118. In addition to any other transfer authority
available to the Department of Defense, amounts may be
transferred from the Department of Defense Base Closure
Account to the fund established by section 1013(d) of the
Demonstration Cities and Metropolitan Development

[[Page H6395]]

Act of 1966 (42 U.S.C. 3374) to pay for expenses associated
with the Homeowners Assistance Program incurred under 42
U.S.C. 3374(a)(1)(A). Any amounts transferred shall be merged
with and be available for the same purposes and for the same
time period as the fund to which transferred.
Sec. 119. Notwithstanding any other provision of law,
funds made available in this title for operation and
maintenance of family housing shall be the exclusive source
of funds for repair and maintenance of all family housing
units, including general or flag officer quarters: Provided,
That not more than $15,000 per unit may be spent annually for
the maintenance and repair of any general or flag officer
quarters without 30 days prior notification, or 14 days for a
notification provided in an electronic medium pursuant to
sections 480 and 2883 of title 10, United States Code, to the
Committees on Appropriations of both Houses of Congress,
except that an after-the-fact notification shall be submitted
if the limitation is exceeded solely due to costs associated
with environmental remediation that could not be reasonably
anticipated at the time of the budget submission.
Sec. 120. Amounts contained in the Ford Island Improvement
Account established by subsection (h) of section 2814 of
title 10, United States Code, are appropriated and shall be
available until expended for the purposes specified in
subsection (i)(1) of such section or until transferred
pursuant to subsection (i)(3) of such section.

(including transfer of funds)

Sec. 121. During the 5-year period after appropriations
available in this Act to the Department of Defense for
military construction and family housing operation and
maintenance and construction have expired for obligation,
upon a determination that such appropriations will not be
necessary for the liquidation of obligations or for making
authorized adjustments to such appropriations for obligations
incurred during the period of availability of such
appropriations, unobligated balances of such appropriations
may be transferred into the appropriation ``Foreign Currency
Fluctuations, Construction, Defense'', to be merged with and
to be available for the same time period and for the same
purposes as the appropriation to which transferred.
Sec. 122. (a) Except as provided in subsection (b), none of
the funds made available in this Act may be used by the
Secretary of the Army to relocate a unit in the Army that--
(1) performs a testing mission or function that is not
performed by any other unit in the Army and is specifically
stipulated in title 10, United States Code; and
(2) is located at a military installation at which the
total number of civilian employees of the Department of the
Army and Army contractor personnel employed exceeds 10
percent of the total number of members of the regular and
reserve components of the Army assigned to the installation.
(b) Exception.--Subsection (a) shall not apply if the
Secretary of the Army certifies to the congressional defense
committees that in proposing the relocation of the unit of
the Army, the Secretary complied with Army Regulation 5-10
relating to the policy, procedures, and responsibilities for
Army stationing actions.
Sec. 123. Amounts appropriated or otherwise made available
in an account funded under the headings in this title may be
transferred among projects and activities within the account
in accordance with the reprogramming guidelines for military
construction and family housing construction contained in
Department of Defense Financial Management Regulation
7000.14-R, Volume 3, Chapter 7, of March 2011, as in effect
on the date of enactment of this Act.
Sec. 124. None of the funds made available in this title
may be obligated or expended for planning and design and
construction of projects at Arlington National Cemetery.
Sec. 125. For an additional amount for the accounts and in
the amounts specified, to remain available until September
30, 2022:
``Military Construction, Army'', $43,800,000;
``Military Construction, Navy and Marine Corps'',
$126,900,000;
``Military Construction, Air Force'', $70,300,000;
``Military Construction, Army National Guard'',
$56,000,000;
``Military Construction, Army Reserve'', $56,000,000
``Military Construction, Air National Guard'', $41,900,000;
and
``Military Construction, Air Force Reserve'', $44,100,000:
Provided, That such funds may only be obligated to carry
out construction projects identified in the respective
military department's unfunded priority list for fiscal year
2018 submitted to Congress by the Secretary of Defense:
Provided further, That such projects are subject to
authorization prior to obligation and expenditure of funds to
carry out construction: Provided further, That not later
than 30 days after enactment of this Act, the Secretary of
the military department concerned, or his or her designee,
shall submit to the Committees on Appropriations of both
Houses of Congress an expenditure plan for funds provided
under this section.

(rescissions of funds)

Sec. 126. Of the unobligated balances available to the
Department of Defense from prior appropriation Acts, the
following funds are hereby rescinded from the following
accounts in the amounts specified:
``Military Construction, Army'', $10,000,000;
``Military Construction, Navy and Marine Corps'',
$10,000,000
``Military Construction, Defense-Wide'', $27,440,000;
``North Atlantic Treaty Organization Security Investment
Program'', $25,000,000;
``Family Housing Construction, Army'', $18,000,000;
``Family Housing Construction, Navy and Marine Corps'',
$8,000,000; and
``Family Housing Construction, Air Force'', $20,000,000:
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 a concurrent resolution on the budget
or the Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
Sec. 127. For the purposes of this Act, the term
``congressional defense committees'' means the Committees on
Armed Services of the House of Representatives and the
Senate, the Subcommittee on Military Construction and
Veterans Affairs of the Committee on Appropriations of the
Senate, and the Subcommittee on Military Construction and
Veterans Affairs of the Committee on Appropriations of the
House of Representatives.
Sec. 128. 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.

TITLE II

DEPARTMENT OF VETERANS AFFAIRS

Veterans Benefits Administration

compensation and pensions

(including transfer of funds)

For the payment of compensation benefits to or on behalf of
veterans and a pilot program for disability examinations as
authorized by section 107 and chapters 11, 13, 18, 51, 53,
55, and 61 of title 38, United States Code; pension benefits
to or on behalf of veterans as authorized by chapters 15, 51,
53, 55, and 61 of title 38, United States Code; and burial
benefits, the Reinstated Entitlement Program for Survivors,
emergency and other officers' retirement pay, adjusted-
service credits and certificates, payment of premiums due on
commercial life insurance policies guaranteed under the
provisions of title IV of the Servicemembers Civil Relief Act
(50 U.S.C. App. 541 et seq.) and for other benefits as
authorized by sections 107, 1312, 1977, and 2106, and
chapters 23, 51, 53, 55, and 61 of title 38, United States
Code, $95,768,462,000, to remain available until expended and
to become available on October 1, 2018: Provided, That not
to exceed $17,882,000 of the amount made available for fiscal
year 2019 under this heading shall be reimbursed to ``General
Operating Expenses, Veterans Benefits Administration'', and
``Information Technology Systems'' for necessary expenses in
implementing the provisions of chapters 51, 53, and 55 of
title 38, United States Code, the funding source for which is
specifically provided as the ``Compensation and Pensions''
appropriation: Provided further, That such sums as may be
earned on an actual qualifying patient basis, shall be
reimbursed to ``Medical Care Collections Fund'' to augment
the funding of individual medical facilities for nursing home
care provided to pensioners as authorized.

readjustment benefits

For the payment of readjustment and rehabilitation benefits
to or on behalf of veterans as authorized by chapters 21, 30,
31, 33, 34, 35, 36, 39, 41, 51, 53, 55, and 61 of title 38,
United States Code, $11,832,175,000, to remain available
until expended and to become available on October 1, 2018:
Provided, That expenses for rehabilitation program services
and assistance which the Secretary is authorized to provide
under subsection (a) of section 3104 of title 38, United
States Code, other than under paragraphs (1), (2), (5), and
(11) of that subsection, shall be charged to this account.

veterans insurance and indemnities

For military and naval insurance, national service life
insurance, servicemen's indemnities, service-disabled
veterans insurance, and veterans mortgage life insurance as
authorized by chapters 19 and 21, title 38, United States
Code, $121,529,000, which shall be in addition to remain
available until expended, which shall be in addition to funds
previously appropriated under this heading that became
available on October 1, 2017, of which $109,090,000 shall
become available on October 1, 2018.

veterans housing benefit program fund

For the cost of direct and guaranteed loans, such sums as
may be necessary to carry out the program, as authorized by
subchapters I through III of chapter 37 of title 38, United
States Code: Provided, That such costs, including the cost
of modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974: Provided further,
That, during fiscal year 2018, within the resources
available, not to exceed $500,000 in gross obligations for
direct loans are authorized for specially adapted housing
loans.
In addition, for administrative expenses to carry out the
direct and guaranteed loan programs, $178,626,000.

vocational rehabilitation loans program account

For the cost of direct loans, $30,000, as authorized by
chapter 31 of title 38, United States Code: Provided, That
such costs, including the cost of modifying such loans, shall
be as defined in section 502 of the Congressional Budget Act
of 1974: Provided further, That funds made available under
this heading are available to subsidize gross obligations for
the principal amount of direct loans not to exceed
$2,356,000.
In addition, for administrative expenses necessary to carry
out the direct loan program, $395,000, which may be paid to
the appropriation for ``General Operating Expenses, Veterans
Benefits Administration''.

[[Page H6396]]

native american veteran housing loan program account

For administrative expenses to carry out the direct loan
program authorized by subchapter V of chapter 37 of title 38,
United States Code, $1,163,000.

general operating expenses, veterans benefits administration

For necessary operating expenses of the Veterans Benefits
Administration, not otherwise provided for, including hire of
passenger motor vehicles, reimbursement of the General
Services Administration for security guard services, and
reimbursement of the Department of Defense for the cost of
overseas employee mail, $2,894,000,000: Provided, That
expenses for services and assistance authorized under
paragraphs (1), (2), (5), and (11) of section 3104(a) of
title 38, United States Code, that the Secretary of Veterans
Affairs determines are necessary to enable entitled veterans:
(1) to the maximum extent feasible, to become employable and
to obtain and maintain suitable employment; or (2) to achieve
maximum independence in daily living, shall be charged to
this account: Provided further, That, of the funds made
available under this heading, not to exceed 5 percent shall
remain available until September 30, 2019.

Veterans Health Administration

medical services

For necessary expenses for furnishing, as authorized by
law, inpatient and outpatient care and treatment to
beneficiaries of the Department of Veterans Affairs and
veterans described in section 1705(a) of title 38, United
States Code, including care and treatment in facilities not
under the jurisdiction of the Department, and including
medical supplies and equipment, bioengineering services, food
services, and salaries and expenses of healthcare employees
hired under title 38, United States Code, aid to State homes
as authorized by section 1741 of title 38, United States
Code, assistance and support services for caregivers as
authorized by section 1720G of title 38, United States Code,
loan repayments authorized by section 604 of the Caregivers
and Veterans Omnibus Health Services Act of 2010 (Public Law
111-163; 124 Stat. 1174; 38 U.S.C. 7681 note), and hospital
care and medical services authorized by section 1787 of title
38, United States Code; $1,031,808,000, which shall be in
addition to funds previously appropriated under this heading
that became available on October 1, 2017; and, in addition,
$49,161,165,000, plus reimbursements, shall become available
on October 1, 2018, and shall remain available until
September 30, 2019: Provided, That, of the amount made
available on October 1, 2018, under this heading,
$1,400,000,000 shall remain available until September 30,
2020: Provided further, That, notwithstanding any other
provision of law, the Secretary of Veterans Affairs shall
establish a priority for the provision of medical treatment
for veterans who have service-connected disabilities, lower
income, or have special needs: Provided further, That,
notwithstanding any other provision of law, the Secretary of
Veterans Affairs shall give priority funding for the
provision of basic medical benefits to veterans in enrollment
priority groups 1 through 6: Provided further, That,
notwithstanding any other provision of law, the Secretary of
Veterans Affairs may authorize the dispensing of prescription
drugs from Veterans Health Administration facilities to
enrolled veterans with privately written prescriptions based
on requirements established by the Secretary: Provided
further, That the implementation of the program described in
the previous proviso shall incur no additional cost to the
Department of Veterans Affairs.

medical community care

For necessary expenses for furnishing health care to
individuals pursuant to chapter 17 of title 38, United States
Code, at non-Department facilities, $254,000,000, which shall
be in addition to funds previously appropriated under this
heading that became available on October 1, 2017; and, in
addition, $8,384,704,000, plus reimbursements, shall become
available on October 1, 2018, and shall remain available
until September 30, 2019: Provided, That of the amount made
available on October 1, 2018, under this heading,
$2,000,000,000 shall remain available until September 30,
2022.

medical support and compliance

For necessary expenses in the administration of the
medical, hospital, nursing home, domiciliary, construction,
supply, and research activities, as authorized by law;
administrative expenses in support of capital policy
activities; and administrative and legal expenses of the
Department for collecting and recovering amounts owed the
Department as authorized under chapter 17 of title 38, United
States Code, and the Federal Medical Care Recovery Act (42
U.S.C. 2651 et seq.), $284,397,000, which shall be in
addition to funds previously appropriated under this heading
that became available on October 1, 2017; and, in addition,
$7,239,156,000, plus reimbursements, shall become available
on October 1, 2018, and shall remain available until
September 30, 2019: Provided, That, of the amount made
available on October 1, 2018, under this heading,
$100,000,000 shall remain available until September 30, 2020.

medical facilities

For necessary expenses for the maintenance and operation of
hospitals, nursing homes, domiciliary facilities, and other
necessary facilities of the Veterans Health Administration;
for administrative expenses in support of planning, design,
project management, real property acquisition and
disposition, construction, and renovation of any facility
under the jurisdiction or for the use of the Department; for
oversight, engineering, and architectural activities not
charged to project costs; for repairing, altering, improving,
or providing facilities in the several hospitals and homes
under the jurisdiction of the Department, not otherwise
provided for, either by contract or by the hire of temporary
employees and purchase of materials; for leases of
facilities; and for laundry services; $1,079,795,000, which
shall be in addition to funds previously appropriated under
this heading that became available on October 1, 2017; and,
in addition, $5,914,288,000, plus reimbursements, shall
become available on October 1, 2018, and shall remain
available until September 30, 2019: Provided, That, of the
amount made available on October 1, 2018, under this heading,
$250,000,000 shall remain available until September 30, 2020.

medical and prosthetic research

For necessary expenses in carrying out programs of medical
and prosthetic research and development as authorized by
chapter 73 of title 38, United States Code, $698,228,000,
plus reimbursements, shall remain available until September
30, 2019.

National Cemetery Administration

For necessary expenses of the National Cemetery
Administration for operations and maintenance, not otherwise
provided for, including uniforms or allowances therefor;
cemeterial expenses as authorized by law; purchase of one
passenger motor vehicle for use in cemeterial operations;
hire of passenger motor vehicles; and repair, alteration or
improvement of facilities under the jurisdiction of the
National Cemetery Administration, $306,193,000, of which not
to exceed 10 percent shall remain available until September
30, 2019.

Departmental Administration

general administration

(including transfer of funds)

For necessary operating expenses of the Department of
Veterans Affairs, not otherwise provided for, including
administrative expenses in support of Department-wide capital
planning, management and policy activities, uniforms, or
allowances therefor; not to exceed $25,000 for official
reception and representation expenses; hire of passenger
motor vehicles; and reimbursement of the General Services
Administration for security guard services, $346,891,000, of
which not to exceed 5 percent shall remain available until
September 30, 2019: Provided, That funds provided under this
heading may be transferred to ``General Operating Expenses,
Veterans Benefits Administration''.

board of veterans appeals

For necessary operating expenses of the Board of Veterans
Appeals, $156,096,000, of which not to exceed 10 percent
shall remain available until September 30, 2019.

information technology systems

(including transfer of funds)

For necessary expenses for information technology systems
and telecommunications support, including developmental
information systems and operational information systems; for
pay and associated costs; and for the capital asset
acquisition of information technology systems, including
management and related contractual costs of said
acquisitions, including contractual costs associated with
operations authorized by section 3109 of title 5, United
States Code, $4,135,500,000, plus reimbursements: Provided,
That $1,230,320,000 shall be for pay and associated costs, of
which not to exceed $36,000,000 shall remain available until
September 30, 2019: Provided further, That $2,486,650,000
shall be for operations and maintenance, of which not to
exceed $174,000,000 shall remain available until September
30, 2019: Provided further, That $418,530,000 shall be for
information technology systems development, modernization,
and enhancement, and shall remain available until September
30, 2019: Provided further, That amounts made available for
information technology systems development, modernization,
and enhancement may not be obligated or expended until the
Secretary of Veterans Affairs or the Chief Information
Officer of the Department of Veterans Affairs submits to the
Committees on Appropriations of both Houses of Congress a
certification of the amounts, in parts or in full, to be
obligated and expended for each development project:
Provided further, That amounts made available for salaries
and expenses, operations and maintenance, and information
technology systems development, modernization, and
enhancement may be transferred among the three subaccounts
after the Secretary of Veterans Affairs requests from the
Committees on Appropriations of both Houses of Congress the
authority to make the transfer and an approval is issued:
Provided further, That amounts made available for the
``Information Technology Systems'' account for development,
modernization, and enhancement may be transferred among
projects or to newly defined projects: Provided further,
That no project may be increased or decreased by more than
$1,000,000 of cost prior to submitting a request to the
Committees on Appropriations of both Houses of Congress to
make the transfer and an approval is issued, or absent a
response, a period of 30 days has elapsed: Provided further,
That funds under this heading may be used by the Interagency
Program Office through the Department of Veterans Affairs to
define data standards, code sets, and value sets used to
enable interoperability: Provided further, That, of the
funds made available for information technology systems
development, modernization, and enhancement for the
development of an electronic health record, not more than 25
percent may be obligated or expended until the Secretary of
Veterans Affairs submits to the Committees on Appropriations
of both Houses of Congress:
(1) a detailed explanation of the solicitation submitted to
Cerner Corporation for development of an electronic health
record for the Department of Veterans Affairs;

[[Page H6397]]

(2) an explanation of how the electronic health record
would replicate the Military Health System (MHS) Genesis
record developed by Cerner for the Department of Defense, as
well as the enhanced capabilities the Department of Veterans
Affairs requires to achieve complete interoperability with
the Department of Defense system and non-Department of
Veterans Affairs providers who participate in the Department
of Veterans Affairs healthcare system;
(3) a strategic plan for development of the electronic
health record system, an associated implementation plan
including timelines and performance milestones, a master
schedule and annual and life-cycle cost estimates;
(4) information on plans to maintain current functionality
and integration with Department of Defense records during the
transition to MHS Genesis; and
(5) Department of Veterans Affairs plans to manage the
transition process to MHS Genesis, including possible pilot
programs, training for users, and use of change management
tools:
Provided further, That the funds made available under this
heading for information technology systems development,
modernization, and enhancement, shall be for the projects,
and in the amounts, specified under this heading in the
report accompanying this Act.

office of inspector general

For necessary expenses of the Office of Inspector General,
to include information technology, in carrying out the
provisions of the Inspector General Act of 1978 (5 U.S.C.
App.), $160,106,000, of which not to exceed 10 percent shall
remain available until September 30, 2019.

construction, major projects

For constructing, altering, extending, and improving any of
the facilities, including parking projects, under the
jurisdiction or for the use of the Department of Veterans
Affairs, or for any of the purposes set forth in sections
316, 2404, 2406 and chapter 81 of title 38, United States
Code, not otherwise provided for, including planning,
architectural and engineering services, construction
management services, maintenance or guarantee period services
costs associated with equipment guarantees provided under the
project, services of claims analysts, offsite utility and
storm drainage system construction costs, and site
acquisition, where the estimated cost of a project is more
than the amount set forth in section 8104(a)(3)(A) of title
38, United States Code, or where funds for a project were
made available in a previous major project appropriation,
$410,530,000, of which $372,000,000 shall remain available
until September 30, 2022, and of which $38,530,000 shall
remain available until expended: Provided, That except for
advance planning activities, including needs assessments
which may or may not lead to capital investments, and other
capital asset management related activities, including
portfolio development and management activities, and
investment strategy studies funded through the advance
planning fund and the planning and design activities funded
through the design fund, including needs assessments which
may or may not lead to capital investments, and salaries and
associated costs of the resident engineers who oversee those
capital investments funded through this account and
contracting officers who manage specific major construction
projects, and funds provided for the purchase, security, and
maintenance of land for the National Cemetery Administration
through the land acquisition line item, none of the funds
made available under this heading shall be used for any
project that has not been notified to Congress through the
budgetary process or that has not been approved by the
Congress through statute, joint resolution, or in the
explanatory statement accompanying such Act and presented to
the President at the time of enrollment: Provided further,
That funds made available under this heading for fiscal year
2018, for each approved project shall be obligated: (1) by
the awarding of a construction documents contract by
September 30, 2018; and (2) by the awarding of a construction
contract by September 30, 2019: Provided further, That the
Secretary of Veterans Affairs shall promptly submit to the
Committees on Appropriations of both Houses of Congress a
written report on any approved major construction project for
which obligations are not incurred within the time
limitations established above: Provided further, That, of
the amount made available under this heading, $117,300,000
for Veterans Health Administration major construction
projects shall not be available until the Department of
Veterans Affairs--
(1) enters into an agreement with an appropriate non-
Department of Veterans Affairs Federal entity to serve as the
design and/or construction agent for any Veterans Health
Administration major construction project with a Total
Estimated Cost of $100,000,000 or above by providing full
project management services, including management of the
project design, acquisition, construction, and contract
changes, consistent with section 502 of Public Law 114-58;
and
(2) certifies in writing that such an agreement is executed
and intended to minimize or prevent subsequent major
construction project cost overruns and provides a copy of the
agreement entered into and any required supplementary
information to the Committees on Appropriations of both
Houses of Congress.

construction, minor projects

For constructing, altering, extending, and improving any of
the facilities, including parking projects, under the
jurisdiction or for the use of the Department of Veterans
Affairs, including planning and assessments of needs which
may lead to capital investments, architectural and
engineering services, maintenance or guarantee period
services costs associated with equipment guarantees provided
under the project, services of claims analysts, offsite
utility and storm drainage system construction costs, and
site acquisition, or for any of the purposes set forth in
sections 316, 2404, 2406 and chapter 81 of title 38, United
States Code, not otherwise provided for, where the estimated
cost of a project is equal to or less than the amount set
forth in section 8104(a)(3)(A) of title 38, United States
Code, $342,570,000, to remain available until September 30,
2022, along with unobligated balances of previous
``Construction, Minor Projects'' appropriations which are
hereby made available for any project where the estimated
cost is equal to or less than the amount set forth in such
section: Provided, That funds made available under this
heading shall be for: (1) repairs to any of the nonmedical
facilities under the jurisdiction or for the use of the
Department which are necessary because of loss or damage
caused by any natural disaster or catastrophe; and (2)
temporary measures necessary to prevent or to minimize
further loss by such causes.

grants for construction of state extended care facilities

For grants to assist States to acquire or construct State
nursing home and domiciliary facilities and to remodel,
modify, or alter existing hospital, nursing home, and
domiciliary facilities in State homes, for furnishing care to
veterans as authorized by sections 8131 through 8137 of title
38, United States Code, $90,000,000, to remain available
until expended.

grants for construction of veterans cemeteries

For grants to assist States and tribal organizations in
establishing, expanding, or improving veterans cemeteries as
authorized by section 2408 of title 38, United States Code,
$45,000,000, to remain available until expended.

Administrative Provisions

(including transfer of funds)

Sec. 201. Any appropriation for fiscal year 2018 for
``Compensation and Pensions'', ``Readjustment Benefits'', and
``Veterans Insurance and Indemnities'' may be transferred as
necessary to any other of the mentioned appropriations:
Provided, That, before a transfer may take place, the
Secretary of Veterans Affairs shall request from the
Committees on Appropriations of both Houses of Congress the
authority to make the transfer and such Committees issue an
approval, or absent a response, a period of 30 days has
elapsed.

(including transfer of funds)

Sec. 202. Amounts made available for the Department of
Veterans Affairs for fiscal year 2018, in this or any other
Act, under the ``Medical Services'', ``Medical Community
Care'', ``Medical Support and Compliance'', and ``Medical
Facilities'' accounts may be transferred among the accounts:
Provided, That any transfers among the ``Medical Services'',
``Medical Community Care'', and ``Medical Support and
Compliance'' accounts of 1 percent or less of the total
amount appropriated to the account in this or any other Act
may take place subject to notification from the Secretary of
Veterans Affairs to the Committees on Appropriations of both
Houses of Congress of the amount and purpose of the transfer:
Provided further, That any transfers among the ``Medical
Services'', ``Medical Community Care'', and ``Medical Support
and Compliance'' accounts in excess of 1 percent, or
exceeding the cumulative 1 percent for the fiscal year, may
take place only after the Secretary requests from the
Committees on Appropriations of both Houses of Congress the
authority to make the transfer and an approval is issued:
Provided further, That any transfers to or from the ``Medical
Facilities'' account may take place only after the Secretary
requests from the Committees on Appropriations of both Houses
of Congress the authority to make the transfer and an
approval is issued.
Sec. 203. Appropriations available in this title for
salaries and expenses shall be available for services
authorized by section 3109 of title 5, United States Code;
hire of passenger motor vehicles; lease of a facility or land
or both; and uniforms or allowances therefore, as authorized
by sections 5901 through 5902 of title 5, United States Code.
Sec. 204. No appropriations in this title (except the
appropriations for ``Construction, Major Projects'', and
``Construction, Minor Projects'') shall be available for the
purchase of any site for or toward the construction of any
new hospital or home.
Sec. 205. No appropriations in this title shall be
available for hospitalization or examination of any persons
(except beneficiaries entitled to such hospitalization or
examination under the laws providing such benefits to
veterans, and persons receiving such treatment under sections
7901 through 7904 of title 5, United States Code, or the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.)), unless reimbursement of the
cost of such hospitalization or examination is made to the
``Medical Services'' account at such rates as may be fixed by
the Secretary of Veterans Affairs.
Sec. 206. Appropriations available in this title for
``Compensation and Pensions'', ``Readjustment Benefits'', and
``Veterans Insurance and Indemnities'' shall be available for
payment of prior year accrued obligations required to be
recorded by law against the corresponding prior year accounts
within the last quarter of fiscal year 2017.
Sec. 207. Appropriations available in this title shall be
available to pay prior year obligations of corresponding
prior year appropriations accounts resulting from sections
3328(a), 3334, and 3712(a) of title 31, United States Code,
except that if such obligations are from trust fund accounts
they shall be payable only from ``Compensation and
Pensions''.

(including transfer of funds)

Sec. 208. Notwithstanding any other provision of law,
during fiscal year 2018, the Secretary of

[[Page H6398]]

Veterans Affairs shall, from the National Service Life
Insurance Fund under section 1920 of title 38, United States
Code, the Veterans' Special Life Insurance Fund under section
1923 of title 38, United States Code, and the United States
Government Life Insurance Fund under section 1955 of title
38, United States Code, reimburse the ``General Operating
Expenses, Veterans Benefits Administration'' and
``Information Technology Systems'' accounts for the cost of
administration of the insurance programs financed through
those accounts: Provided, That reimbursement shall be made
only from the surplus earnings accumulated in such an
insurance program during fiscal year 2018 that are available
for dividends in that program after claims have been paid and
actuarially determined reserves have been set aside:
Provided further, That if the cost of administration of such
an insurance program exceeds the amount of surplus earnings
accumulated in that program, reimbursement shall be made only
to the extent of such surplus earnings: Provided further,
That the Secretary shall determine the cost of administration
for fiscal year 2018 which is properly allocable to the
provision of each such insurance program and to the provision
of any total disability income insurance included in that
insurance program.
Sec. 209. Amounts deducted from enhanced-use lease
proceeds to reimburse an account for expenses incurred by
that account during a prior fiscal year for providing
enhanced-use lease services, may be obligated during the
fiscal year in which the proceeds are received.

(including transfer of funds)

Sec. 210. Funds available in this title or funds for
salaries and other administrative expenses shall also be
available to reimburse the Office of Resolution Management,
the Office of Employment Discrimination Complaint
Adjudication, the Office of Accountability Review, the
Central Whistleblower Office, the Office of Diversity and
Inclusion, and the Office of the Executive Director of
Accountability and Whistleblower Protection, for all services
provided at rates which will recover actual costs but not to
exceed $47,668,000 for the Office of Resolution Management,
$3,932,000 for the Office of Employment Discrimination
Complaint Adjudication, $10,057,000 for the Office of
Accountability Review, $6,646,000 for the Central
Whistleblower Office, $2,973,000 for the Office of Diversity
and Inclusion, and $917,000 for the Office of the Executive
Director of Accountability and Whistleblower Protection:
Provided, That payments may be made in advance for services
to be furnished based on estimated costs: Provided further,
That amounts received shall be credited to the ``General
Administration'' and ``Information Technology Systems''
accounts for use by the office that provided the service.
Sec. 211. No funds of the Department of Veterans Affairs
shall be available for hospital care, nursing home care, or
medical services provided to any person under chapter 17 of
title 38, United States Code, for a non-service-connected
disability described in section 1729(a)(2) of such title,
unless that person has disclosed to the Secretary of Veterans
Affairs, in such form as the Secretary may require, current,
accurate third-party reimbursement information for purposes
of section 1729 of such title: Provided, That the Secretary
may recover, in the same manner as any other debt due the
United States, the reasonable charges for such care or
services from any person who does not make such disclosure as
required: Provided further, That any amounts so recovered
for care or services provided in a prior fiscal year may be
obligated by the Secretary during the fiscal year in which
amounts are received.

(including transfer of funds)

Sec. 212. Notwithstanding any other provision of law,
proceeds or revenues derived from enhanced-use leasing
activities (including disposal) may be deposited into the
``Construction, Major Projects'' and ``Construction, Minor
Projects'' accounts and be used for construction (including
site acquisition and disposition), alterations, and
improvements of any medical facility under the jurisdiction
or for the use of the Department of Veterans Affairs. Such
sums as realized are in addition to the amount provided for
in ``Construction, Major Projects'' and ``Construction, Minor
Projects''.
Sec. 213. Amounts made available under ``Medical
Services'' are available--
(1) for furnishing recreational facilities, supplies, and
equipment; and
(2) for funeral expenses, burial expenses, and other
expenses incidental to funerals and burials for beneficiaries
receiving care in the Department.

(including transfer of funds)

Sec. 214. Such sums as may be deposited to the Medical
Care Collections Fund pursuant to section 1729A of title 38,
United States Code, may be transferred to the ``Medical
Services'' and ``Medical Community Care'' accounts to remain
available until expended for the purposes of these accounts.
Sec. 215. The Secretary of Veterans Affairs may enter into
agreements with Federally Qualified Health Centers in the
State of Alaska and Indian tribes and tribal organizations
which are party to the Alaska Native Health Compact with the
Indian Health Service, to provide healthcare, including
behavioral health and dental care, to veterans in rural
Alaska. The Secretary shall require participating veterans
and facilities to comply with all appropriate rules and
regulations, as established by the Secretary. The term
``rural Alaska'' shall mean those lands which are not within
the boundaries of the municipality of Anchorage or the
Fairbanks North Star Borough.

(including transfer of funds)

Sec. 216. Such sums as may be deposited to the Department
of Veterans Affairs Capital Asset Fund pursuant to section
8118 of title 38, United States Code, may be transferred to
the ``Construction, Major Projects'' and ``Construction,
Minor Projects'' accounts, to remain available until expended
for the purposes of these accounts.
Sec. 217. Not later than 30 days after the end of each
fiscal quarter, the Secretary of Veterans Affairs shall
submit to the Committees on Appropriations of both Houses of
Congress a report on the financial status of the Department
of Veterans Affairs for the preceding quarter: Provided,
That, at a minimum, the report shall include the direction
contained in the paragraph entitled ``Quarterly reporting'',
under the heading ``General Administration'' in the joint
explanatory statement accompanying Public Law 114-223.

(including transfer of funds)

Sec. 218. Amounts made available under the ``Medical
Services'', ``Medical Community Care'', ``Medical Support and
Compliance'', ``Medical Facilities'', ``General Operating
Expenses, Veterans Benefits Administration'', ``Board of
Veterans Appeals'', ``General Administration'', and
``National Cemetery Administration'' accounts for fiscal year
2018 may be transferred to or from the ``Information
Technology Systems'' account: Provided, That such transfers
may not result in a more than 10 percent aggregate increase
in the total amount made available by this Act for the
``Information Technology Systems'' account: Provided
further, That, before a transfer may take place, the
Secretary of Veterans Affairs shall request from the
Committees on Appropriations of both Houses of Congress the
authority to make the transfer and an approval is issued.

(including transfer of funds)

Sec. 219. Of the amounts appropriated to the Department of
Veterans Affairs for fiscal year 2018 for ``Medical
Services'', ``Medical Community Care'', ``Medical Support and
Compliance'', ``Medical Facilities'', ``Construction, Minor
Projects'', and ``Information Technology Systems'', up to
$297,137,000, plus reimbursements, may be transferred to the
Joint Department of Defense-Department of Veterans Affairs
Medical Facility Demonstration Fund, established by section
1704 of the National Defense Authorization Act for Fiscal
Year 2010 (Public Law 111-84; 123 Stat. 3571) and may be used
for operation of the facilities designated as combined
Federal medical facilities as described by section 706 of the
Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 (Public Law 110-417; 122 Stat. 4500): Provided,
That additional funds may be transferred from accounts
designated in this section to the Joint Department of
Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund upon written notification by the Secretary
of Veterans Affairs to the Committees on Appropriations of
both Houses of Congress: Provided further, That section 222
of title II of division A of Military Construction, Veterans
Affairs, and Related Agencies Appropriations Act, 2017 (
Public Law 114-223) is repealed.

(including transfer of funds)

Sec. 220. Of the amounts appropriated to the Department of
Veterans Affairs which become available on October 1, 2018,
for ``Medical Services'', ``Medical Community Care'',
``Medical Support and Compliance'', and ``Medical
Facilities'', up to $306,378,000, plus reimbursements, may be
transferred to the Joint Department of Defense-Department of
Veterans Affairs Medical Facility Demonstration Fund,
established by section 1704 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84;
123 Stat. 3571) and may be used for operation of the
facilities designated as combined Federal medical facilities
as described by section 706 of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public Law
110-417; 122 Stat. 4500): Provided, That additional funds
may be transferred from accounts designated in this section
to the Joint Department of Defense-Department of Veterans
Affairs Medical Facility Demonstration Fund upon written
notification by the Secretary of Veterans Affairs to the
Committees on Appropriations of both Houses of Congress.

(including transfer of funds)

Sec. 221. Such sums as may be deposited to the Medical
Care Collections Fund pursuant to section 1729A of title 38,
United States Code, for healthcare provided at facilities
designated as combined Federal medical facilities as
described by section 706 of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public Law
110-417; 122 Stat. 4500) shall also be available: (1) for
transfer to the Joint Department of Defense-Department of
Veterans Affairs Medical Facility Demonstration Fund,
established by section 1704 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84;
123 Stat. 3571); and (2) for operations of the facilities
designated as combined Federal medical facilities as
described by section 706 of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public Law
110-417; 122 Stat. 4500).

(including transfer of funds)

Sec. 222. Of the amounts available in this title for
``Medical Services'', ``Medical Community Care'', ``Medical
Support and Compliance'', and ``Medical Facilities'', a
minimum of $15,000,000 shall be transferred to the DOD-VA
Health Care Sharing Incentive Fund, as authorized by section
8111(d) of title 38, United States Code, to remain available
until expended, for any purpose authorized by section 8111 of
title 38, United States Code.
Sec. 223. None of the funds available to the Department of
Veterans Affairs, in this or any other Act, may be used to
replace the current system by which the Veterans Integrated
Service Networks select and contract for diabetes monitoring
supplies and equipment.

[[Page H6399]]

Sec. 224. The Secretary of Veterans Affairs shall notify
the Committees on Appropriations of both Houses of Congress
of all bid savings in a major construction project that total
at least $5,000,000, or 5 percent of the programmed amount of
the project, whichever is less: Provided, That such
notification shall occur within 14 days of a contract
identifying the programmed amount: Provided further, That
the Secretary shall notify the Committees on Appropriations
of both Houses of Congress 14 days prior to the obligation of
such bid savings and shall describe the anticipated use of
such savings.
Sec. 225. None of the funds made available for
``Construction, Major Projects'' may be used for a project in
excess of the scope specified for that project in the
original justification data provided to the Congress as part
of the request for appropriations unless the Secretary of
Veterans Affairs receives approval from the Committees on
Appropriations of both Houses of Congress.
Sec. 226. Not later than 30 days after the end of each
fiscal quarter, the Secretary of Veterans Affairs shall
submit to the Committees on Appropriations of both Houses of
Congress a quarterly report containing performance measures
and data from each Veterans Benefits Administration Regional
Office: Provided, That, at a minimum, the report shall
include the direction contained in the section entitled
``Disability claims backlog'', under the heading ``General
Operating Expenses, Veterans Benefits Administration'' in the
joint explanatory statement accompanying Public Law 114-223:
Provided further, That the report shall also include
information on the number of appeals pending at the Veterans
Benefits Administration as well as the Board of Veterans
Appeals on a quarterly basis.
Sec. 227. Of the amounts made available for fiscal year
2018 for the ``Medical Services'' and ``Medical Support and
Compliance'' accounts, not more than $226,012,000 shall be
available to develop an electronic health record: Provided,
That not more than 25 percent of the amount made available
for such purpose may be obligated or expended until the
Secretary of Veterans Affairs submits to the Committees on
Appropriations of both House of Congress a detailed
explanation of the activities to develop the Military Health
System Genesis electronic health record to be funded by the
Veterans Health Administration rather than the Office of
Information Technology, a timeline for completion, master
schedule, performance milestones, and annual and life-cycle
Veterans Health Administration cost estimates.
Sec. 228. The Secretary of Veterans Affairs shall provide
written notification to the Committees on Appropriations of
both Houses of Congress 15 days prior to organizational
changes which result in the transfer of 25 or more full-time
equivalents from one organizational unit of the Department of
Veterans Affairs to another.
Sec. 229. The Secretary of Veterans Affairs shall provide
on a quarterly basis to the Committees on Appropriations of
both Houses of Congress notification of any single national
outreach and awareness marketing campaign in which
obligations exceed $2,000,000.

(including transfer of funds)

Sec. 230. The Secretary of Veterans Affairs, upon
determination that such action is necessary to address needs
of the Veterans Health Administration, may transfer to the
``Medical Services'' account any discretionary appropriations
made available for fiscal year 2018 in this title (except
appropriations made to the ``General Operating Expenses,
Veterans Benefits Administration'' account) or any
discretionary unobligated balances within the Department of
Veterans Affairs, including those appropriated for fiscal
year 2018, that were provided in advance by appropriations
Acts: Provided, That transfers shall be made only with the
approval of the Office of Management and Budget: Provided
further, That the transfer authority provided in this section
is in addition to any other transfer authority provided by
law: Provided further, That no amounts may be transferred
from amounts that were designated by Congress as an emergency
requirement pursuant to a concurrent resolution on the budget
or the Balanced Budget and Emergency Deficit Control Act of
1985: Provided further, That such authority to transfer may
not be used unless for higher priority items, based on
emergent healthcare requirements, than those for which
originally appropriated and in no case where the item for
which funds are requested has been denied by Congress:
Provided further, That, upon determination that all or part
of the funds transferred from an appropriation are not
necessary, such amounts may be transferred back to that
appropriation and shall be available for the same purposes as
originally appropriated: Provided further, That before a
transfer may take place, the Secretary of Veterans Affairs
shall request from the Committees on Appropriations of both
Houses of Congress the authority to make the transfer and
receive approval of that request.

(including transfer of funds)

Sec. 231. Amounts made available for the Department of
Veterans Affairs for fiscal year 2018, under the ``Board of
Veterans Appeals'' and the ``General Operating Expenses,
Veterans Benefits Administration'' accounts may be
transferred between such accounts: Provided, That before a
transfer may take place, the Secretary of Veterans Affairs
shall request from the Committees on Appropriations of both
Houses of Congress the authority to make the transfer and
receive approval of that request.
Sec. 232. The Secretary of Veterans Affairs may not
reprogram funds among major construction projects or programs
if such instance of reprogramming will exceed $5,000,000,
unless such reprogramming is approved by the Committees on
Appropriations of both Houses of Congress.

(rescissions of funds)

Sec. 233. Of the discretionary funds made available in
Public Law 114-223 for the Department of Veterans Affairs for
fiscal year 2018, $313,730,000 are rescinded from ``Medical
Services'', $63,282,000 are rescinded from ``Medical Support
and Compliance'', and $22,960,000 are rescinded from
``Medical Facilities''.
Sec. 234. The amounts otherwise made available by this Act
for the following accounts of the Department of Veterans
Affairs are hereby reduced by the following amounts:
(1) ``Veterans Health Administration--Medical and
Prosthetic Research'', $6,823,000.
(2) ``National Cemetery Administration'', $3,003,000.
(3) ``Departmental Administration--General
Administration'', $3,600,000.
(4) ``Departmental Administration--Board of Veterans
Appeals'', $1,579,000.
(5) ``Departmental Administration--General Operating
Expenses, Veterans Benefits Administration'', $35,470,000.
(6) ``Departmental Administration--Information Technology
Systems'', $18,997,000.
(7)``Departmental Administration--Office of Inspector
General'', $1,716,000.
Sec. 235. (a) The Secretary of Veterans Affairs shall
ensure that the toll-free suicide hotline under section
1720F(h) of title 38, United States Code--
(1) provides to individuals who contact the hotline
immediate assistance from a trained professional; and
(2) adheres to all requirements of the American Association
of Suicidology.
(b)(1) None of the funds made available by this Act may be
used to enforce or otherwise carry out any Executive action
that prohibits the Secretary of Veterans Affairs from
appointing an individual to occupy a vacant civil service
position, or establishing a new civil service position, at
the Department of Veterans Affairs with respect to such a
position relating to the hotline specified in subsection (a).
(2) In this subsection--
(A) the term ``civil service'' has the meaning given such
term in section 2101(1) of title 5, United States Code; and
(B) the term ``Executive action'' includes--
(i) any Executive order, presidential memorandum, or other
action by the President; and
(ii) any agency policy, order, or other directive.
Sec. 236. None of the funds in this or any other Act may
be used to close Department of Veterans Affairs (VA)
hospitals, domiciliaries, or clinics, conduct an
environmental assessment, or to diminish healthcare services
at existing Veterans Health Administration medical facilities
located in Veterans Integrated Service Network 8 or 23 as
part of a planned realignment of VA services until the
Secretary provides to the Committees on Appropriations of
both Houses of Congress a report including the following
elements:
(1) a national realignment strategy that includes a
detailed description of realignment plans within each
Veterans Integrated Services Network (VISN), including an
updated Long Range Capital Plan to implement realignment
requirements;
(2) an explanation of the process by which those plans were
developed and coordinated within each VISN;
(3) a cost versus benefit analysis of each planned
realignment, including the cost of replacing Veterans Health
Administration services with contract care or other
outsourced services;
(4) an analysis of how any such planned realignment of
services will impact access to care for veterans living in
rural or highly rural areas, including travel distances and
transportation costs to access a VA medical facility and
availability of local specialty and primary care;
(5) an inventory of VA buildings with historic designation
and the methodology used to determine the buildings'
condition and utilization;
(6) a description of how any realignment will be consistent
with requirements under the National Historic Preservation
Act; and
(7) consideration given for reuse of historic buildings
within newly identified realignment requirements: Provided,
That, this provision shall not apply to capital projects in
VISN 23, or any other VISN, which have been authorized or
approved by Congress.
Sec. 237. Section 8109(b) of title 38, United States Code,
is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period and inserting
``; and''; and
(3) by adding at the end the following new paragraph:
``(4) notwithstanding subsection (a) of section 1344 of
title 31, may use a passenger carrier (as such term is
defined in subsection (h)(1) of such section) to transport
such an employee between a parking facility and the medical
facility of the Department at which the employee works.''.
Sec. 238. None of the funds made available to the
Secretary of Veterans Affairs by this or any other Act may be
obligated or expended in contravention of the ``Veterans
Health Administration Clinical Preventive Services Guidance
Statement on the Veterans Health Administration's Screening
for Breast Cancer Guidance'' published on May 10, 2017, as
issued by the Veterans Health Administration National Center
for Health Promotion and Disease Prevention.
Sec. 239. (a) Notwithstanding any other provision of law,
the amounts appropriated or otherwise made available to the
Department of Veterans Affairs for the ``Medical Services''
account may be used to provide--
(1) fertility counseling and treatment using assisted
reproductive technology to a covered veteran or the spouse of
a covered veteran; or
(2) adoption reimbursement to a covered veteran.

[[Page H6400]]

(b) In this section:
(1) The term ``service-connected'' has the meaning given
such term in section 101 of title 38, United States Code.
(2) The term ``covered veteran'' means a veteran, as such
term is defined in section 101 of title 38, United States
Code, who has a service-connected disability that results in
the inability of the veteran to procreate without the use of
fertility treatment.
(3) The term ``assisted reproductive technology'' means
benefits relating to reproductive assistance provided to a
member of the Armed Forces who incurs a serious injury or
illness on active duty pursuant to section 1074(c)(4)(A) of
title 10, United States Code, as described in the memorandum
on the subject of ``Policy for Assisted Reproductive Services
for the Benefit of Seriously or Severely Ill/Injured
(Category II or III) Active Duty Service Members'' issued by
the Assistant Secretary of Defense for Health Affairs on
April 3, 2012, and the guidance issued to implement such
policy, including any limitations on the amount of such
benefits available to such a member except that --
(A) the time periods regarding embryo cryopreservation and
storage set forth in part III(G) and in part IV(H) of such
memorandum shall not apply; and
(B) such term includes embryo cryopreservation and storage
without limitation on the duration of such cryopreservation
and storage.
(4) The term ``adoption reimbursement'' means reimbursement
for the adoption-related expenses for an adoption that is
finalized after the date of the enactment of this Act under
the same terms as apply under the adoption reimbursement
program of the Department of Defense, as authorized in
Department of Defense Instruction 1341.09, including the
reimbursement limits and requirements set forth in such
instruction.
(c) Amounts made available for the purposes specified in
subsection (a) of this section are subject to the
requirements for funds contained in section 508 of division H
of the Consolidated Appropriations Act, 2017 (Public Law 115-
31).

TITLE III

RELATED AGENCIES

American Battle Monuments Commission

salaries and expenses

For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, including the
acquisition of land or interest in land in foreign countries;
purchases and repair of uniforms for caretakers of national
cemeteries and monuments outside of the United States and its
territories and possessions; rent of office and garage space
in foreign countries; purchase (one-for-one replacement basis
only) and hire of passenger motor vehicles; not to exceed
$7,500 for official reception and representation expenses;
and insurance of official motor vehicles in foreign
countries, when required by law of such countries,
$75,100,000, to remain available until expended.

foreign currency fluctuations account

For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, such sums as may be
necessary, to remain available until expended, for purposes
authorized by section 2109 of title 36, United States Code.

United States Court of Appeals for Veterans Claims

salaries and expenses

(including transfer of funds)

For necessary expenses for the operation of the United
States Court of Appeals for Veterans Claims as authorized by
sections 7251 through 7298 of title 38, United States Code,
$33,600,000: Provided, That of the amount, $800,000 shall be
transferred to the General Services Administration for
planning and design of a courthouse: Provided further, That
$2,580,000 shall be available for the purpose of providing
financial assistance as described and in accordance with the
process and reporting procedures set forth under this heading
in Public Law 102-229.

Department of Defense--Civil

Cemeterial Expenses, Army

salaries and expenses

For necessary expenses for maintenance, operation, and
improvement of Arlington National Cemetery and Soldiers' and
Airmen's Home National Cemetery, including the purchase or
lease of passenger motor vehicles for replacement on a one-
for-one basis only, and not to exceed $1,000 for official
reception and representation expenses, $78,800,000, of which
not to exceed $15,000,000 shall remain available until
September 30, 2020. In addition, such sums as may be
necessary for parking maintenance, repairs and replacement,
to be derived from the ``Lease of Department of Defense Real
Property for Defense Agencies'' account.

Armed Forces Retirement Home

trust fund

For expenses necessary for the Armed Forces Retirement Home
to operate and maintain the Armed Forces Retirement Home--
Washington, District of Columbia, and the Armed Forces
Retirement Home--Gulfport, Mississippi, to be paid from funds
available in the Armed Forces Retirement Home Trust Fund,
$64,300,000, of which $1,000,000 shall remain available until
expended for construction and renovation of the physical
plants at the Armed Forces Retirement Home--Washington,
District of Columbia, and the Armed Forces Retirement Home--
Gulfport, Mississippi: Provided, That of the amounts made
available under this heading from funds available in the
Armed Forces Retirement Home Trust Fund, $22,000,000 shall be
paid from the general fund of the Treasury to the Trust Fund.

Administrative Provisions

Sec. 301. Funds appropriated in this Act under the heading
``Department of Defense--Civil, Cemeterial Expenses, Army'',
may be provided to Arlington County, Virginia, for the
relocation of the federally owned water main at Arlington
National Cemetery, making additional land available for
ground burials.
Sec. 302. Amounts deposited into the special account
established under 10 U.S.C. 4727 are appropriated and shall
be available until expended to support activities at the Army
National Military Cemeteries.

TITLE IV

OVERSEAS CONTINGENCY OPERATIONS

DEPARTMENT OF DEFENSE

Military Construction, Army

For an additional amount for ``Military Construction,
Army'', $147,158,000, to remain available until September 30,
2022, for projects outside of the United States: 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 Construction, Navy and Marine Corps

For an additional amount for ``Military Construction, Navy
and Marine Corps'', $31,890,000, to remain available until
September 30, 2022, for projects outside of the United
States: 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 Construction, Air Force

For an additional amount for ``Military Construction, Air
Force'' $434,652,000, to remain available until September 30,
2022, for projects outside of the United States: 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 Construction, Defense-Wide

For an additional amount for ``Military Construction,
Defense-Wide'', $24,300,000, to remain available until
September 30, 2022, for projects outside of the United
States: 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.

Administrative Provision

Sec. 401. Each amount designated in this Act by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985
shall be available only if the President subsequently so
designates all such amounts and transmits such designations
to the Congress.

TITLE V

GENERAL PROVISIONS

Sec. 501. 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. 502. None of the funds made available in this Act may
be used for any program, project, or activity, when it is
made known to the Federal entity or official to which the
funds are made available that the program, project, or
activity is not in compliance with any Federal law relating
to risk assessment, the protection of private property
rights, or unfunded mandates.
Sec. 503. All departments and agencies funded under this
Act are encouraged, within the limits of the existing
statutory authorities and funding, to expand their use of
``E-Commerce'' technologies and procedures in the conduct of
their business practices and public service activities.
Sec. 504. Unless stated otherwise, all reports and
notifications required by this Act shall be submitted to the
Subcommittee on Military Construction and Veterans Affairs,
and Related Agencies of the Committee on Appropriations of
the House of Representatives and the Subcommittee on Military
Construction and Veterans Affairs, and Related Agencies of
the Committee on Appropriations of the Senate.
Sec. 505. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government except pursuant to a transfer
made by, or transfer authority provided in, this or any other
appropriations Act.
Sec. 506. None of the funds made available in this Act may
be used for a project or program named for an individual
serving as a Member, Delegate, or Resident Commissioner of
the United States House of Representatives.
Sec. 507. (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 confidential or 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. 508. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network
unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State,

[[Page H6401]]

tribal, or local law enforcement agency or any other entity
carrying out criminal investigations, prosecution, or
adjudication activities.
Sec. 509. None of the funds made available in this Act may
be used by an agency of the executive branch to pay for
first-class travel by an employee of the agency in
contravention of sections 301-10.122 through 301-10.124 of
title 41, Code of Federal Regulations.
Sec. 510. None of the funds made available in this Act may
be used to execute a contract for goods or services,
including construction services, where the contractor has not
complied with Executive Order No. 12989.
Sec. 511. None of the funds made available by this Act may
be used by the Department of Defense or the Department of
Veterans Affairs to lease or purchase new light duty vehicles
for any executive fleet, or for an agency's fleet inventory,
except in accordance with Presidential Memorandum--Federal
Fleet Performance, dated May 24, 2011.
Sec. 512. (a) In General.--None of the funds appropriated
or otherwise made available to the Department of Defense in
this Act may be used to construct, renovate, or expand any
facility in the United States, its territories, or
possessions to house any individual detained at United States
Naval Station, Guantanamo Bay, Cuba, for the purposes of
detention or imprisonment in the custody or under the 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.

references to act

Sec. 513. Except as expressly provided otherwise, any
reference to ``this Act'' contained in this division shall be
treated as referring only to the provisions of this division.

reference to report

Sec. 514. Any reference to a ``report accompanying this
Act'' contained in this division shall be treated as a
reference to House Report 115-188. The effect of such Report
shall be limited to this division and shall apply for
purposes of determining the allocation of funds provided by,
and the implementation of, this division.

spending reduction account

Sec. 515. $0.
This division may be cited as the ``Military Construction,
Veterans Affairs, and Related Agencies Appropriations Act,
2018''.

DIVISION D--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
APPROPRIATIONS ACT, 2018

The following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for energy and water
development and related agencies for the fiscal year ending
September 30, 2018, and for other purposes, namely:

TITLE I

CORPS OF ENGINEERS--CIVIL

DEPARTMENT OF THE ARMY

Corps of Engineers--Civil

The following appropriations shall be expended under the
direction of the Secretary of the Army and the supervision of
the Chief of Engineers for authorized civil functions of the
Department of the Army pertaining to river and harbor, flood
and storm damage reduction, shore protection, aquatic
ecosystem restoration, and related efforts.

investigations

For expenses necessary where authorized by law for the
collection and study of basic information pertaining to river
and harbor, flood and storm damage reduction, shore
protection, aquatic ecosystem restoration, and related needs;
for surveys and detailed studies, and plans and
specifications of proposed river and harbor, flood and storm
damage reduction, shore protection, and aquatic ecosystem
restoration projects, and related efforts prior to
construction; for restudy of authorized projects; and for
miscellaneous investigations, and, when authorized by law,
surveys and detailed studies, and plans and specifications of
projects prior to construction, $105,000,000, to remain
available until expended: Provided, That the Secretary shall
initiate six new study starts during fiscal year 2018:
Provided further, That the new study starts shall consist of
five studies where the majority of the benefits are derived
from navigation transportation savings or from flood and
storm damage reduction and one study where the majority of
benefits are derived from environmental restoration: Provided
further, That the Secretary shall not deviate from the new
starts proposed in the work plan, once the plan has been
submitted to the Committees on Appropriations of both Houses
of Congress.

construction

For expenses necessary for the construction of river and
harbor, flood and storm damage reduction, shore protection,
aquatic ecosystem restoration, and related projects
authorized by law; for conducting detailed studies, and plans
and specifications, of such projects (including those
involving participation by States, local governments, or
private groups) authorized or made eligible for selection by
law (but such detailed studies, and plans and specifications,
shall not constitute a commitment of the Government to
construction); $1,697,000,000, to remain available until
expended; of which such sums as are necessary to cover the
Federal share of construction costs for facilities under the
Dredged Material Disposal Facilities program shall be derived
from the Harbor Maintenance Trust Fund as authorized by
Public Law 104-303; and of which such sums as are necessary
to cover one-half of the costs of construction, replacement,
rehabilitation, and expansion of inland waterways projects
shall be derived from the Inland Waterways Trust Fund, except
as otherwise specifically provided for in law: Provided, That
the Secretary may initiate up to, but not more than, two new
construction starts during fiscal year 2018: Provided
further, That the new construction starts shall consist of
two projects where the majority of the benefits are derived
from navigation transportation savings, flood and storm
damage reduction, or environmental restoration: Provided
further, That for new construction projects, project cost
sharing agreements shall be executed as soon as practicable
but no later than August 31, 2018: Provided further, That no
allocation for a new start shall be considered final and no
work allowance shall be made until the Secretary provides to
the Committees on Appropriations of both Houses of Congress
an out-year funding scenario demonstrating the affordability
of the selected new starts and the impacts on other projects:
Provided further, That the Secretary may not deviate from the
new starts proposed in the work plan, once the plan has been
submitted to the Committees on Appropriations of both Houses
of Congress.

mississippi river and tributaries

For expenses necessary for flood damage reduction projects
and related efforts in the Mississippi River alluvial valley
below Cape Girardeau, Missouri, as authorized by law,
$301,000,000, to remain available until expended, of which
such sums as are necessary to cover the Federal share of
eligible operation and maintenance costs for inland harbors
shall be derived from the Harbor Maintenance Trust Fund.

operation and maintenance

For expenses necessary for the operation, maintenance, and
care of existing river and harbor, flood and storm damage
reduction, aquatic ecosystem restoration, and related
projects authorized by law; providing security for
infrastructure owned or operated by the Corps, including
administrative buildings and laboratories; maintaining harbor
channels provided by a State, municipality, or other public
agency that serve essential navigation needs of general
commerce, where authorized by law; surveying and charting
northern and northwestern lakes and connecting waters;
clearing and straightening channels; and removing
obstructions to navigation, $3,519,000,000, to remain
available until expended, of which such sums as are necessary
to cover the Federal share of eligible operation and
maintenance costs for coastal harbors and channels, and for
inland harbors shall be derived from the Harbor Maintenance
Trust Fund; of which such sums as become available from the
special account for the Corps of Engineers established by the
Land and Water Conservation Fund Act of 1965 shall be derived
from that account for resource protection, research,
interpretation, and maintenance activities related to
resource protection in the areas at which outdoor recreation
is available; and of which such sums as become available from
fees collected under section 217 of Public Law 104-303 shall
be used to cover the cost of operation and maintenance of the
dredged material disposal facilities for which such fees have
been collected: Provided, That 1 percent of the total amount
of funds provided for each of the programs, projects, or
activities funded under this heading shall not be allocated
to a field operating activity prior to the beginning of the
fourth quarter of the fiscal year and shall be available for
use by the Chief of Engineers to fund such emergency
activities as the Chief of Engineers determines to be
necessary and appropriate, and that the Chief of Engineers
shall allocate during the fourth quarter any remaining funds
which have not been used for emergency activities
proportionally in accordance with the amounts provided for
the programs, projects, or activities.

regulatory program

For expenses necessary for administration of laws
pertaining to regulation of navigable waters and wetlands,
$200,000,000, to remain available until September 30, 2019.

formerly utilized sites remedial action program

For expenses necessary to clean up contamination from sites
in the United States resulting from work performed as part of
the Nation's early atomic energy program, $118,000,000, to
remain available until expended.

flood control and coastal emergencies

For expenses necessary to prepare for flood, hurricane, and
other natural disasters and support emergency operations,
repairs, and other activities in response to such disasters
as authorized by law, $32,000,000, to remain available until
expended.

expenses

For expenses necessary for the supervision and general
administration of the civil works program in the headquarters
of the Corps of Engineers and the offices of the Division
Engineers; and for costs of management and operation of the
Humphreys Engineer Center Support Activity, the Institute for
Water Resources, the United States Army Engineer Research and
Development Center, and the United States Army Corps of
Engineers Finance Center allocable to the civil works
program, $181,000,000, to remain available until September
30, 2019, of which not to exceed $5,000 may be used for
official reception and representation purposes and

[[Page H6402]]

only during the current fiscal year: Provided, That no part
of any other appropriation provided in this title shall be
available to fund the civil works activities of the Office of
the Chief of Engineers or the civil works executive direction
and management activities of the division offices: Provided
further, That any Flood Control and Coastal Emergencies
appropriation may be used to fund the supervision and general
administration of emergency operations, repairs, and other
activities in response to any flood, hurricane, or other
natural disaster.

office of the assistant secretary of the army for civil works

For the Office of the Assistant Secretary of the Army for
Civil Works as authorized by 10 U.S.C. 3016(b)(3),
$4,764,000, to remain available until September 30, 2019:
Provided, That not more than 75 percent of such amount may be
obligated or expended until the Assistant Secretary submits
to the Committees on Appropriations of both Houses of
Congress a work plan that allocates at least 95 percent of
the additional funding provided under each heading in this
title (as designated under such heading in the report of the
Committee on Appropriations accompanying this Act) to
specific programs, projects, or activities.

GENERAL PROVISIONS--CORPS OF ENGINEERS--CIVIL

(including transfer of funds)

Sec. 101. (a) None of the funds provided in this title
shall be available for obligation or expenditure through a
reprogramming of funds that--
(1) creates or initiates a new program, project, or
activity;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project,
or activity for which funds have been denied or restricted by
this Act;
(4) reduces funds that are directed to be used for a
specific program, project, or activity by this Act;
(5) increases funds for any program, project, or activity
by more than $2,000,000 or 10 percent, whichever is less; or
(6) reduces funds for any program, project, or activity by
more than $2,000,000 or 10 percent, whichever is less.
(b) Subsection (a)(1) shall not apply to any project or
activity authorized under section 205 of the Flood Control
Act of 1948, section 14 of the Flood Control Act of 1946,
section 208 of the Flood Control Act of 1954, section 107 of
the River and Harbor Act of 1960, section 103 of the River
and Harbor Act of 1962, section 111 of the River and Harbor
Act of 1968, section 1135 of the Water Resources Development
Act of 1986, section 206 of the Water Resources Development
Act of 1996, or section 204 of the Water Resources
Development Act of 1992.
(c) The Corps of Engineers shall submit reports on a
quarterly basis to the Committees on Appropriations of both
Houses of Congress detailing all the funds reprogrammed
between programs, projects, activities, or categories of
funding. The first quarterly report shall be submitted not
later than 60 days after the date of enactment of this Act.
Sec. 102. None of the funds made available in this title
may be used to award or modify any contract that commits
funds beyond the amounts appropriated for that program,
project, or activity that remain unobligated, except that
such amounts may include any funds that have been made
available through reprogramming pursuant to section 101.
Sec. 103. The Secretary of the Army may transfer to the
Fish and Wildlife Service, and the Fish and Wildlife Service
may accept and expend, up to $5,400,000 of funds provided in
this title under the heading ``Operation and Maintenance'' to
mitigate for fisheries lost due to Corps of Engineers
projects.
Sec. 104. None of the funds in this Act shall be used for
an open lake placement alternative for dredged material,
after evaluating the least costly, environmentally acceptable
manner for the disposal or management of dredged material
originating from Lake Erie or tributaries thereto, unless it
is approved under a State water quality certification
pursuant to section 401 of the Federal Water Pollution
Control Act (33 U.S.C. 1341); Provided further, That until an
open lake placement alternative for dredged material is
approved under a State water quality certification, the Corps
of Engineers shall continue upland placement of such dredged
material consistent with the requirements of section 101 of
the Water Resources Development Act of 1986 (33 U.S.C. 2211).
Sec. 105. None of the funds made available in this title
may be used for any acquisition that is not consistent with
48 CFR 225.7007.
Sec. 106. None of the funds made available by this Act may
be used to carry out any water supply reallocation study
under the Wolf Creek Dam, Lake Cumberland, Kentucky, project
authorized under the Act of July 24, 1946 (60 Stat. 636, ch.
595).
Sec. 107. Notwithstanding section 404(f)(2) of the Federal
Water Pollution Control Act (33 U.S.C. 1344(f)(2)), none of
the funds made available by this Act may be used to require a
permit for the discharge of dredged or fill material under
the Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.) for the activities identified in subparagraphs (A) and
(C) of section 404(f)(1) of the Act (33 U.S.C. 1344(f)(1)(A),
(C)).
Sec. 108. (a) Authorization.--The Administrator of the
Environmental Protection Agency and the Secretary of the Army
may withdraw the Waters of the United States rule without
regard to any provision of statute or regulation that
establishes a requirement for such withdrawal.
(b) Effect of Withdrawal.--Except as otherwise provided by
any Act or rule that takes effect after the date of enactment
of this Act, if the Administrator of the Environmental
Protection Agency and the Secretary of the Army withdraw the
Waters of the United States rule under subsection (a), the
Administrator and Secretary shall implement the provisions of
law under which such rule was issued in accordance with the
regulations and guidance in effect under such provisions
immediately before the effective date of such rule.
(c) Definitions.--In this section the term ``Waters of the
United States rule'' means the final rule issued by the
Administrator of the Environmental Protection Agency and the
Secretary of the Army entitled ``Clean Water Rule: Definition
of `Waters of the United States' '' on June 29, 2015 (80 Fed.
Reg. 37053).
Sec. 109. As of the date of enactment of this Act and each
fiscal year thereafter, the Secretary of the Army shall not
promulgate or enforce any regulation that prohibits an
individual from possessing a firearm, including an assembled
or functional firearm, at a water resources development
project covered under section 327.0 of title 36, Code of
Federal Regulations (as in effect on the date of enactment of
this Act), if--
(1) the individual is not otherwise prohibited by law from
possessing the firearm; and
(2) the possession of the firearm is in compliance with the
law of the State in which the water resources development
project is located.

TITLE II

DEPARTMENT OF THE INTERIOR

Central Utah Project

central utah project completion account

For carrying out activities authorized by the Central Utah
Project Completion Act, $8,983,000, to remain available until
expended, of which $898,000 shall be deposited into the Utah
Reclamation Mitigation and Conservation Account for use by
the Utah Reclamation Mitigation and Conservation Commission:
Provided, That of the amount provided under this heading,
$1,450,000 shall be available until September 30, 2019, for
expenses necessary in carrying out related responsibilities
of the Secretary of the Interior: Provided further, That for
fiscal year 2018, of the amount made available to the
Commission under this Act or any other Act, the Commission
may use an amount not to exceed $1,500,000 for administrative
expenses.

Bureau of Reclamation

The following appropriations shall be expended to execute
authorized functions of the Bureau of Reclamation:

water and related resources

(including transfers of funds)

For management, development, and restoration of water and
related natural resources and for related activities,
including the operation, maintenance, and rehabilitation of
reclamation and other facilities, participation in fulfilling
related Federal responsibilities to Native Americans, and
related grants to, and cooperative and other agreements with,
State and local governments, federally recognized Indian
tribes, and others, $1,091,790,000, to remain available until
expended, of which $67,693,000 shall be available for
transfer to the Upper Colorado River Basin Fund and
$5,551,000 shall be available for transfer to the Lower
Colorado River Basin Development Fund; of which such amounts
as may be necessary may be advanced to the Colorado River Dam
Fund: Provided, That such transfers may be increased or
decreased within the overall appropriation under this
heading: Provided further, That of the total appropriated,
the amount for program activities that can be financed by the
Reclamation Fund or the Bureau of Reclamation special fee
account established by 16 U.S.C. 6806 shall be derived from
that Fund or account: Provided further, That funds
contributed under 43 U.S.C. 395 are available until expended
for the purposes for which the funds were contributed:
Provided further, That funds advanced under 43 U.S.C. 397a
shall be credited to this account and are available until
expended for the same purposes as the sums appropriated under
this heading: Provided further, That of the amounts provided
herein, funds may be used for high-priority projects which
shall be carried out by the Youth Conservation Corps, as
authorized by 16 U.S.C. 1706.

central valley project restoration fund

For carrying out the programs, projects, plans, habitat
restoration, improvement, and acquisition provisions of the
Central Valley Project Improvement Act, $41,376,000, to be
derived from such sums as may be collected in the Central
Valley Project Restoration Fund pursuant to sections 3407(d),
3404(c)(3), and 3405(f) of Public Law 102-575, to remain
available until expended: Provided, That the Bureau of
Reclamation is directed to assess and collect the full amount
of the additional mitigation and restoration payments
authorized by section 3407(d) of Public Law 102-575: Provided
further, That none of the funds made available under this
heading may be used for the acquisition or leasing of water
for in-stream purposes if the water is already committed to
in-stream purposes by a court adopted decree or order.

california bay-delta restoration

(including transfers of funds)

For carrying out activities authorized by the Water Supply,
Reliability, and Environmental Improvement Act, consistent
with plans to be approved by the Secretary of the Interior,
$37,000,000, to remain available until expended, of which
such amounts as may be necessary to carry out such activities
may be transferred to appropriate accounts of other
participating Federal agencies to carry out authorized
purposes: Provided, That funds appropriated herein may be
used for the Federal share of the costs of CALFED Program
management: Provided further, That CALFED implementation
shall be carried out in a balanced manner with clear

[[Page H6403]]

performance measures demonstrating concurrent progress in
achieving the goals and objectives of the Program.

policy and administration

For expenses necessary for policy, administration, and
related functions in the Office of the Commissioner, the
Denver office, and offices in the five regions of the Bureau
of Reclamation, to remain available until September 30, 2019,
$59,000,000, to be derived from the Reclamation Fund and be
nonreimbursable as provided in 43 U.S.C. 377: Provided, That
no part of any other appropriation in this Act shall be
available for activities or functions budgeted as policy and
administration expenses.

administrative provision

Appropriations for the Bureau of Reclamation shall be
available for purchase of not to exceed five passenger motor
vehicles, which are for replacement only.

GENERAL PROVISIONS--DEPARTMENT OF THE INTERIOR

Sec. 201. (a) None of the funds provided in this title
shall be available for obligation or expenditure through a
reprogramming of funds that--
(1) creates or initiates a new program, project, or
activity;
(2) eliminates a program, project, or activity;
(3) increases funds for any program, project, or activity
for which funds have been denied or restricted by this Act;
(4) restarts or resumes any program, project or activity
for which funds are not provided in this Act, unless prior
approval is received from the Committees on Appropriations of
both Houses of Congress;
(5) transfers funds in excess of the following limits--
(A) 15 percent for any program, project or activity for
which $2,000,000 or more is available at the beginning of the
fiscal year; or
(B) $400,000 for any program, project or activity for which
less than $2,000,000 is available at the beginning of the
fiscal year;
(6) transfers more than $500,000 from either the Facilities
Operation, Maintenance, and Rehabilitation category or the
Resources Management and Development category to any program,
project, or activity in the other category; or
(7) transfers, where necessary to discharge legal
obligations of the Bureau of Reclamation, more than
$5,000,000 to provide adequate funds for settled contractor
claims, increased contractor earnings due to accelerated
rates of operations, and real estate deficiency judgments.
(b) Subsection (a)(5) shall not apply to any transfer of
funds within the Facilities Operation, Maintenance, and
Rehabilitation category.
(c) For purposes of this section, the term ``transfer''
means any movement of funds into or out of a program,
project, or activity.
(d) The Bureau of Reclamation shall submit reports on a
quarterly basis to the Committees on Appropriations of both
Houses of Congress detailing all the funds reprogrammed
between programs, projects, activities, or categories of
funding. The first quarterly report shall be submitted not
later than 60 days after the date of enactment of this Act.
Sec. 202. (a) None of the funds appropriated or otherwise
made available by this Act may be used to determine the final
point of discharge for the interceptor drain for the San Luis
Unit until development by the Secretary of the Interior and
the State of California of a plan, which shall conform to the
water quality standards of the State of California as
approved by the Administrator of the Environmental Protection
Agency, to minimize any detrimental effect of the San Luis
drainage waters.
(b) The costs of the Kesterson Reservoir Cleanup Program
and the costs of the San Joaquin Valley Drainage Program
shall be classified by the Secretary of the Interior as
reimbursable or nonreimbursable and collected until fully
repaid pursuant to the ``Cleanup Program--Alternative
Repayment Plan'' and the ``SJVDP--Alternative Repayment
Plan'' described in the report entitled ``Repayment Report,
Kesterson Reservoir Cleanup Program and San Joaquin Valley
Drainage Program, February 1995'', prepared by the Department
of the Interior, Bureau of Reclamation. Any future
obligations of funds by the United States relating to, or
providing for, drainage service or drainage studies for the
San Luis Unit shall be fully reimbursable by San Luis Unit
beneficiaries of such service or studies pursuant to Federal
reclamation law.
Sec. 203. None of the funds in this Act shall be available
to implement the Stipulation of Settlement (Natural Resources
Defense Council, et al. v. Kirk Rodgers, et al., Eastern
District of California, No. Civ. 9 S-88-1658 LKK/GGH) or
subtitle A of title X of Public Law 111-11.

TITLE III

DEPARTMENT OF ENERGY

ENERGY PROGRAMS

Energy Efficiency and Renewable Energy

For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment,
and other expenses necessary for energy efficiency and
renewable energy activities in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility
acquisition, construction, or expansion, $1,103,908,000, to
remain available until expended: Provided, That of such
amount, $125,849,000 shall be available until September 30,
2019, for program direction.

Electricity Delivery and Energy Reliability

For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment,
and other expenses necessary for electricity delivery and
energy reliability activities in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility
acquisition, construction, or expansion, $218,500,000, to
remain available until expended: Provided, That of such
amount, $27,500,000 shall be available until September 30,
2019, for program direction.

Nuclear Energy

For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment,
and other expenses necessary for nuclear energy activities in
carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction,
or expansion, $969,000,000, to remain available until
expended: Provided, That of such amount, $70,000,000 shall be
available until September 30, 2019, for program direction.

Fossil Energy Research and Development

For Department of Energy expenses necessary in carrying out
fossil energy research and development activities, under the
authority of the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the acquisition of interest,
including defeasible and equitable interests in any real
property or any facility or for plant or facility acquisition
or expansion, and for conducting inquiries, technological
investigations and research concerning the extraction,
processing, use, and disposal of mineral substances without
objectionable social and environmental costs (30 U.S.C. 3,
1602, and 1603), $634,600,000, to remain available until
expended: Provided, That of such amount $60,000,000 shall be
available until September 30, 2019, for program direction.

Naval Petroleum and Oil Shale Reserves

For Department of Energy expenses necessary to carry out
naval petroleum and oil shale reserve activities, $4,900,000,
to remain available until expended: Provided, That
notwithstanding any other provision of law, unobligated funds
remaining from prior years shall be available for all naval
petroleum and oil shale reserve activities.

Strategic Petroleum Reserve

For Department of Energy expenses necessary for Strategic
Petroleum Reserve facility development and operations and
program management activities pursuant to the Energy Policy
and Conservation Act (42 U.S.C. 6201 et seq.), $252,000,000,
to remain available until expended: Provided, That as
authorized by section 404 of the Bipartisan Budget Act of
2015 (Public Law 114-74; 42 U.S.C. 6239 note), the Secretary
of Energy shall draw down and sell not to exceed $350,000,000
of crude oil from the Strategic Petroleum Reserve in fiscal
year 2018: Provided further, That the proceeds from such
drawdown and sale shall be deposited into the ``Energy
Security and Infrastructure Modernization Fund'' during
fiscal year 2018 and shall be made available and shall remain
available until expended for necessary expenses in carrying
out the Life Extension II project for the Strategic Petroleum
Reserve.

Northeast Home Heating Oil Reserve

For Department of Energy expenses necessary for Northeast
Home Heating Oil Reserve storage, operation, and management
activities pursuant to the Energy Policy and Conservation Act
(42 U.S.C. 6201 et seq.), $6,500,000, to remain available
until expended.

Energy Information Administration

For Department of Energy expenses necessary in carrying out
the activities of the Energy Information Administration,
$118,000,000, to remain available until expended.

Non-Defense Environmental Cleanup

For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other expenses necessary for non-defense environmental
cleanup activities in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility
acquisition, construction, or expansion, $222,400,000, to
remain available until expended.

Uranium Enrichment Decontamination and Decommissioning Fund

For Department of Energy expenses necessary in carrying out
uranium enrichment facility decontamination and
decommissioning, remedial actions, and other activities of
title II of the Atomic Energy Act of 1954 and title X,
subtitle A, of the Energy Policy Act of 1992, $768,000,000,
to be derived from the Uranium Enrichment Decontamination and
Decommissioning Fund, to remain available until expended, of
which $32,959,000 shall be available in accordance with title
X, subtitle A, of the Energy Policy Act of 1992.

Science

For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment,
and other expenses necessary for science activities in
carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition or condemnation of any real property or facility
or for plant or facility acquisition, construction, or
expansion, and purchase of not more than 16 passenger motor
vehicles for replacement only, including one ambulance and
one bus, $5,392,000,000, to

[[Page H6404]]

remain available until expended: Provided, That of such
amount, $177,000,000 shall be available until September 30,
2019, for program direction.

Nuclear Waste Disposal

For Department of Energy expenses necessary for nuclear
waste disposal activities to carry out the purposes of the
Nuclear Waste Policy Act of 1982, Public Law 97-425, as
amended (hereinafter referred to as the ``NWPA''), including
the acquisition of any real property or facility
construction, or expansion, $90,000,000, to remain available
until expended, and to be derived from the Nuclear Waste
Fund: Provided, That of the funds made available in this Act
for nuclear waste disposal and defense nuclear waste disposal
activities, 1.62 percent shall be provided to the Office of
the Attorney General of the State of Nevada solely for
expenditures, other than salaries and expenses of State
employees, to conduct scientific oversight responsibilities
and participate in licensing activities pursuant to the NWPA:
Provided further, That of the funds made available in this
Act for nuclear waste disposal and defense nuclear waste
disposal activities, 2.91 percent shall be provided to
affected units of local government, as defined in the NWPA,
to conduct appropriate activities and participate in
licensing activities under Section 116(c) of the NWPA:
Provided further, That of the amounts provided to affected
units of local government, 7.5 percent of the funds provided
for the affected units of local government shall be made
available to affected units of local government in California
with the balance made available to affected units of local
government in Nevada for distribution as determined by the
Nevada affected units of local government: Provided further,
That of the funds made available in this Act for nuclear
waste disposal and defense nuclear waste disposal activities,
0.16 percent shall be provided to the affected Federally-
recognized Indian tribes, as defined in the NWPA, solely for
expenditures, other than salaries and expenses of tribal
employees, to conduct appropriate activities and participate
in licensing activities under section 118(b) of the NWPA:
Provided further, That of the funds made available in this
Act for nuclear waste disposal and defense nuclear waste
disposal activities, 3.0 percent shall be provided to Nye
County, Nevada, 0.05 percent shall be provided to Clark
County, Nevada, and 0.46 percent shall be provided to the
State of Nevada as payment equal to taxes under section
116(c)(3) of the NWPA: Provided further, That within 90 days
of the completion of each Federal fiscal year, the Office of
the Attorney General of the State of Nevada, each affected
Federally-recognized Indian tribe, and each of the affected
units of local government shall provide certification to the
Department of Energy that all funds expended from such
payments have been expended for activities authorized by the
NWPA and this Act: Provided further, That failure to provide
such certification shall cause such entity to be prohibited
from any further funding provided for similar activities:
Provided further, That none of the funds herein appropriated
may be: (1) used for litigation expenses; or (2) used for
interim storage activities; or (3) used to support multi-
State efforts or other coalition building activities
inconsistent with the restrictions contained in this Act:
Provided further, That all proceeds and recoveries realized
by the Secretary in carrying out activities authorized by the
NWPA, including but not limited to any proceeds from the sale
of assets, shall be credited to this account, to remain
available until expended, for carrying out the purposes of
this account.

Title 17 Innovative Technology Loan Guarantee Program

(including rescissions of funds)

Such sums as are derived from amounts received from
borrowers pursuant to section 1702(b) of the Energy Policy
Act of 2005 (42 U.S.C. 16512(b)) under this heading in prior
Acts, shall be collected in accordance with section 502(7) of
the Congressional Budget Act of 1974: Provided, That for
necessary administrative expenses to carry out this Loan
Guarantee program, $2,000,000 is appropriated, to remain
available until September 30, 2019: Provided further, That
$2,000,000 of the fees collected pursuant to section 1702(h)
of the Energy Policy Act of 2005 shall be credited as
offsetting collections to this account to cover
administrative expenses and shall remain available until
expended, so as to result in a final fiscal year 2018
appropriation from the general fund estimated at not more
than $0: Provided further, That fees collected under section
1702(h) in excess of the amount appropriated for
administrative expenses shall not be available until
appropriated: Provided further, That the Department of Energy
shall not subordinate any loan obligation to other financing
in violation of section 1702 of the Energy Policy Act of 2005
or subordinate any Guaranteed Obligation to any loan or other
debt obligations in violation of section 609.10 of title 10,
Code of Federal Regulations: Provided further, That of the
subsidy amounts provided by section 1425 of the Department of
Defense and Full-Year Continuing Appropriations Act, 2011
(Public Law 112-10; 125 Stat. 126), for the cost of loan
guarantees for renewable energy or efficient end-use energy
technologies under section 1703 of the Energy Policy Act of
2005 (42 U.S.C. 16513), $160,660,000 is hereby rescinded:
Provided further, That the authority provided in prior year
appropriations Acts for commitments to guarantee loans under
title XVII of the Energy Policy Act of 2005, excluding
amounts for commitments made by October 1, 2017, is hereby
rescinded.

Advanced Technology Vehicles Manufacturing Loan Program

For Department of Energy administrative expenses necessary
in carrying out the Advanced Technology Vehicles
Manufacturing Loan Program, $5,000,000, to remain available
until September 30, 2019.

Tribal Energy Loan Guarantee Program

For Department of Energy administrative expenses necessary
in carrying out the Tribal Energy Loan Guarantee Program,
$500,000, to remain available until September 30, 2019.

Departmental Administration

For salaries and expenses of the Department of Energy
necessary for departmental administration in carrying out the
purposes of the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), $281,693,000, to remain available until
September 30, 2019, including the hire of passenger motor
vehicles and official reception and representation expenses
not to exceed $30,000, plus such additional amounts as
necessary to cover increases in the estimated amount of cost
of work for others notwithstanding the provisions of the
Anti-Deficiency Act (31 U.S.C. 1511 et seq.): Provided, That
such increases in cost of work are offset by revenue
increases of the same or greater amount: Provided further,
That moneys received by the Department for miscellaneous
revenues estimated to total $96,000,000 in fiscal year 2018
may be retained and used for operating expenses within this
account, as authorized by section 201 of Public Law 95-238,
notwithstanding the provisions of 31 U.S.C. 3302: Provided
further, That the sum herein appropriated shall be reduced as
collections are received during the fiscal year so as to
result in a final fiscal year 2018 appropriation from the
general fund estimated at not more than $185,693,000.

Office of the Inspector General

For expenses necessary for the Office of the Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, $49,000,000, to remain available until
September 30, 2019.

ATOMIC ENERGY DEFENSE ACTIVITIES

NATIONAL NUCLEAR SECURITY ADMINISTRATION

Weapons Activities

For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other incidental expenses necessary for atomic energy
defense weapons activities in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility
acquisition, construction, or expansion, $10,239,344,000, to
remain available until expended: Provided, That of such
amount, $105,600,000 shall be available until September 30,
2019, for program direction.

Defense Nuclear Nonproliferation

(including rescission of funds)

For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other incidental expenses necessary for defense nuclear
nonproliferation activities, in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility
acquisition, construction, or expansion, $1,825,461,000, to
remain available until expended: Provided, That funds
provided by this Act for Project 99-D-143, Mixed Oxide Fuel
Fabrication Facility, and by prior Acts that remain
unobligated for such Project, may be made available only for
construction and project support activities for such Project:
Provided further, That of the unobligated balances from
prior year appropriations available under this heading,
$49,000,000 is hereby rescinded: Provided further, That no
amounts may be rescinded from amounts that were designated by
the Congress as an emergency requirement pursuant to a
concurrent resolution on the budget or the Balanced Budget
and Emergency Deficit Control Act of 1985.

Naval Reactors

(including transfer of funds)

For Department of Energy expenses necessary for naval
reactors activities to carry out the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition (by purchase, condemnation, construction, or
otherwise) of real property, plant, and capital equipment,
facilities, and facility expansion, $1,486,000,000, to remain
available until expended, of which, $82,500,000 shall be
transferred to ``Department of Energy--Energy Programs--
Nuclear Energy'', for the Advanced Test Reactor: Provided,
That of such amount, $46,651,000 shall be available until
September 30, 2019, for program direction.

Federal Salaries and Expenses

For expenses necessary for Federal Salaries and Expenses in
the National Nuclear Security Administration, $412,595,000,
to remain available until September 30, 2019, including
official reception and representation expenses not to exceed
$12,000.

ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

Defense Environmental Cleanup

For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other expenses necessary for atomic energy defense
environmental cleanup activities in carrying out the purposes
of the Department of Energy Organization Act (42 U.S.C. 7101
et seq.), including the acquisition or condemnation of any
real property or any facility or for plant or facility
acquisition, construction, or expansion, $5,405,000,000, to
remain available until expended: Provided, That of such
amount, $300,000,000 shall be available until September 30,
2019, for program direction.

[[Page H6405]]

Other Defense Activities

For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other expenses, necessary for atomic energy defense,
other defense activities, and classified activities, in
carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction,
or expansion, $825,000,000, to remain available until
expended: Provided, That of such amount, $284,400,000 shall
be available until September 30, 2019, for program direction.

Defense Nuclear Waste Disposal

For Department of Energy expenses necessary for nuclear
waste disposal activities to carry out the purposes of the
Nuclear Waste Policy Act of 1982, as amended, including the
acquisition of real property or facility construction or
expansion, $30,000,000, to remain available until expended.

POWER MARKETING ADMINISTRATIONS

Bonneville Power Administration Fund

Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93-454, are approved for
official reception and representation expenses in an amount
not to exceed $5,000: Provided, That during fiscal year 2018,
no new direct loan obligations may be made.

Operation and Maintenance, Southeastern Power Administration

For expenses necessary for operation and maintenance of
power transmission facilities and for marketing electric
power and energy, including transmission wheeling and
ancillary services, pursuant to section 5 of the Flood
Control Act of 1944 (16 U.S.C. 825s), as applied to the
southeastern power area, $6,379,000, including official
reception and representation expenses in an amount not to
exceed $1,500, to remain available until expended: Provided,
That notwithstanding 31 U.S.C. 3302 and section 5 of the
Flood Control Act of 1944, up to $6,379,000 collected by the
Southeastern Power Administration from the sale of power and
related services shall be credited to this account as
discretionary offsetting collections, to remain available
until expended for the sole purpose of funding the annual
expenses of the Southeastern Power Administration: Provided
further, That the sum herein appropriated for annual expenses
shall be reduced as collections are received during the
fiscal year so as to result in a final fiscal year 2018
appropriation estimated at not more than $0: Provided
further, That notwithstanding 31 U.S.C. 3302, up to
$51,000,000 collected by the Southeastern Power
Administration pursuant to the Flood Control Act of 1944 to
recover purchase power and wheeling expenses shall be
credited to this account as offsetting collections, to remain
available until expended for the sole purpose of making
purchase power and wheeling expenditures: Provided further,
That for purposes of this appropriation, annual expenses
means expenditures that are generally recovered in the same
year that they are incurred (excluding purchase power and
wheeling expenses).

Operation and Maintenance, Southwestern Power Administration

For expenses necessary for operation and maintenance of
power transmission facilities and for marketing electric
power and energy, for construction and acquisition of
transmission lines, substations and appurtenant facilities,
and for administrative expenses, including official reception
and representation expenses in an amount not to exceed $1,500
in carrying out section 5 of the Flood Control Act of 1944
(16 U.S.C. 825s), as applied to the Southwestern Power
Administration, $30,288,000, to remain available until
expended: Provided, That notwithstanding 31 U.S.C. 3302 and
section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s),
up to $18,888,000 collected by the Southwestern Power
Administration from the sale of power and related services
shall be credited to this account as discretionary offsetting
collections, to remain available until expended, for the sole
purpose of funding the annual expenses of the Southwestern
Power Administration: Provided further, That the sum herein
appropriated for annual expenses shall be reduced as
collections are received during the fiscal year so as to
result in a final fiscal year 2018 appropriation estimated at
not more than $11,400,000: Provided further, That
notwithstanding 31 U.S.C. 3302, up to $10,000,000 collected
by the Southwestern Power Administration pursuant to the
Flood Control Act of 1944 to recover purchase power and
wheeling expenses shall be credited to this account as
offsetting collections, to remain available until expended
for the sole purpose of making purchase power and wheeling
expenditures: Provided further, That for purposes of this
appropriation, annual expenses means expenditures that are
generally recovered in the same year that they are incurred
(excluding purchase power and wheeling expenses).

Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration

For carrying out the functions authorized by title III,
section 302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C.
7152), and other related activities including conservation
and renewable resources programs as authorized, $232,276,000,
including official reception and representation expenses in
an amount not to exceed $1,500, to remain available until
expended, of which $230,251,000 shall be derived from the
Department of the Interior Reclamation Fund: Provided, That
notwithstanding 31 U.S.C. 3302, section 5 of the Flood
Control Act of 1944 (16 U.S.C. 825s), and section 1 of the
Interior Department Appropriation Act, 1939 (43 U.S.C. 392a),
up to $138,904,000 collected by the Western Area Power
Administration from the sale of power and related services
shall be credited to this account as discretionary offsetting
collections, to remain available until expended, for the sole
purpose of funding the annual expenses of the Western Area
Power Administration: Provided further, That the sum herein
appropriated for annual expenses shall be reduced as
collections are received during the fiscal year so as to
result in a final fiscal year 2018 appropriation estimated at
not more than $93,372,000, of which $91,347,000 is derived
from the Reclamation Fund: Provided further, That
notwithstanding 31 U.S.C. 3302, up to $179,000,000 collected
by the Western Area Power Administration pursuant to the
Flood Control Act of 1944 and the Reclamation Project Act of
1939 to recover purchase power and wheeling expenses shall be
credited to this account as offsetting collections, to remain
available until expended for the sole purpose of making
purchase power and wheeling expenditures: Provided further,
That for purposes of this appropriation, annual expenses
means expenditures that are generally recovered in the same
year that they are incurred (excluding purchase power and
wheeling expenses).

Falcon and Amistad Operating and Maintenance Fund

For operation, maintenance, and emergency costs for the
hydroelectric facilities at the Falcon and Amistad Dams,
$4,176,000, to remain available until expended, and to be
derived from the Falcon and Amistad Operating and Maintenance
Fund of the Western Area Power Administration, as provided in
section 2 of the Act of June 18, 1954 (68 Stat. 255):
Provided, That notwithstanding the provisions of that Act and
of 31 U.S.C. 3302, up to $3,948,000 collected by the Western
Area Power Administration from the sale of power and related
services from the Falcon and Amistad Dams shall be credited
to this account as discretionary offsetting collections, to
remain available until expended for the sole purpose of
funding the annual expenses of the hydroelectric facilities
of these Dams and associated Western Area Power
Administration activities: Provided further, That the sum
herein appropriated for annual expenses shall be reduced as
collections are received during the fiscal year so as to
result in a final fiscal year 2018 appropriation estimated at
not more than $228,000: Provided further, That for purposes
of this appropriation, annual expenses means expenditures
that are generally recovered in the same year that they are
incurred: Provided further, That for fiscal year 2018, the
Administrator of the Western Area Power Administration may
accept up to $872,000 in funds contributed by United States
power customers of the Falcon and Amistad Dams for deposit
into the Falcon and Amistad Operating and Maintenance Fund,
and such funds shall be available for the purpose for which
contributed in like manner as if said sums had been
specifically appropriated for such purpose: Provided further,
That any such funds shall be available without further
appropriation and without fiscal year limitation for use by
the Commissioner of the United States Section of the
International Boundary and Water Commission for the sole
purpose of operating, maintaining, repairing, rehabilitating,
replacing, or upgrading the hydroelectric facilities at these
Dams in accordance with agreements reached between the
Administrator, Commissioner, and the power customers.

Federal Energy Regulatory Commission

salaries and expenses

For expenses necessary for the Federal Energy Regulatory
Commission to carry out the provisions of the Department of
Energy Organization Act (42 U.S.C. 7101 et seq.), including
services as authorized by 5 U.S.C. 3109, official reception
and representation expenses not to exceed $3,000, and the
hire of passenger motor vehicles, $367,600,000, to remain
available until expended: Provided, That notwithstanding any
other provision of law, not to exceed $367,600,000 of
revenues from fees and annual charges, and other services and
collections in fiscal year 2018 shall be retained and used
for expenses necessary in this account, and shall remain
available until expended: Provided further, That the sum
herein appropriated from the general fund shall be reduced as
revenues are received during fiscal year 2018 so as to result
in a final fiscal year 2018 appropriation from the general
fund estimated at not more than $0.

GENERAL PROVISIONS--DEPARTMENT OF ENERGY

(including transfer of funds)

Sec. 301. (a) No appropriation, funds, or authority made
available by this title for the Department of Energy shall be
used to initiate or resume any program, project, or activity
or to prepare or initiate Requests For Proposals or similar
arrangements (including Requests for Quotations, Requests for
Information, and Funding Opportunity Announcements) for a
program, project, or activity if the program, project, or
activity has not been funded by Congress.
(b)(1) Unless the Secretary of Energy notifies the
Committees on Appropriations of both Houses of Congress at
least 3 full business days in advance, none of the funds made
available in this title may be used to--
(A) make a grant allocation or discretionary grant award
totaling $1,000,000 or more;
(B) make a discretionary contract award or Other
Transaction Agreement totaling $1,000,000 or more, including
a contract covered by the Federal Acquisition Regulation;
(C) issue a letter of intent to make an allocation, award,
or Agreement in excess of the limits in subparagraph (A) or
(B); or
(D) announce publicly the intention to make an allocation,
award, or Agreement in excess of the limits in subparagraph
(A) or (B).

[[Page H6406]]

(2) The Secretary of Energy shall submit to the Committees
on Appropriations of both Houses of Congress within 15 days
of the conclusion of each quarter a report detailing each
grant allocation or discretionary grant award totaling less
than $1,000,000 provided during the previous quarter.
(3) The notification required by paragraph (1) and the
report required by paragraph (2) shall include the recipient
of the award, the amount of the award, the fiscal year for
which the funds for the award were appropriated, the account
and program, project, or activity from which the funds are
being drawn, the title of the award, and a brief description
of the activity for which the award is made.
(c) The Department of Energy may not, with respect to any
program, project, or activity that uses budget authority made
available in this title under the heading ``Department of
Energy--Energy Programs'', enter into a multiyear contract,
award a multiyear grant, or enter into a multiyear
cooperative agreement unless--
(1) the contract, grant, or cooperative agreement is funded
for the full period of performance as anticipated at the time
of award; or
(2) the contract, grant, or cooperative agreement includes
a clause conditioning the Federal Government's obligation on
the availability of future year budget authority and the
Secretary notifies the Committees on Appropriations of both
Houses of Congress at least 3 days in advance.
(d) Except as provided in subsections (e), (f), and (g),
the amounts made available by this title shall be expended as
authorized by law for the programs, projects, and activities
specified in the ``Bill'' column in the ``Department of
Energy'' table included under the heading ``Title III--
Department of Energy'' in the report of the Committee on
Appropriations accompanying this Act.
(e) The amounts made available by this title may be
reprogrammed for any program, project, or activity, and the
Department shall notify the Committees on Appropriations of
both Houses of Congress at least 30 days prior to the use of
any proposed reprogramming that would cause any program,
project, or activity funding level to increase or decrease by
more than $5,000,000 or 10 percent, whichever is less, during
the time period covered by this Act.
(f) None of the funds provided in this title shall be
available for obligation or expenditure through a
reprogramming of funds that--
(1) creates, initiates, or eliminates a program, project,
or activity;
(2) increases funds or personnel for any program, project,
or activity for which funds are denied or restricted by this
Act; or
(3) reduces funds that are directed to be used for a
specific program, project, or activity by this Act.
(g)(1) The Secretary of Energy may waive any requirement or
restriction in this section that applies to the use of funds
made available for the Department of Energy if compliance
with such requirement or restriction would pose a substantial
risk to human health, the environment, welfare, or national
security.
(2) The Secretary of Energy shall notify the Committees on
Appropriations of both Houses of Congress of any waiver under
paragraph (1) as soon as practicable, but not later than 3
days after the date of the activity to which a requirement or
restriction would otherwise have applied. Such notice shall
include an explanation of the substantial risk under
paragraph (1) that permitted such waiver.
(h) The unexpended balances of prior appropriations
provided for activities in this Act may be available to the
same appropriation accounts for such activities established
pursuant to this title. Available balances may be merged with
funds in the applicable established accounts and thereafter
may be accounted for as one fund for the same time period as
originally enacted.
Sec. 302. Funds appropriated by this or any other 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 2018 until the enactment of the Intelligence
Authorization Act for fiscal year 2018.
Sec. 303. None of the funds made available in this title
shall be used for the construction of facilities classified
as high-hazard nuclear facilities under 10 CFR Part 830
unless independent oversight is conducted by the Office of
Enterprise Assessments to ensure the project is in compliance
with nuclear safety requirements.
Sec. 304. None of the funds made available in this title
may be used to approve critical decision-2 or critical
decision-3 under Department of Energy Order 413.3B, or any
successive departmental guidance, for construction projects
where the total project cost exceeds $100,000,000, until a
separate independent cost estimate has been developed for the
project for that critical decision.
Sec. 305. (a) None of the funds made available in this or
any prior Act under the heading ``Defense Nuclear
Nonproliferation'' may be made available to enter into new
contracts with, or new agreements for Federal assistance to,
the Russian Federation.
(b) The Secretary of Energy may waive the prohibition in
subsection (a) if the Secretary determines that such activity
is in the national security interests of the United States.
This waiver authority may not be delegated.
(c) A waiver under subsection (b) shall not be effective
until 15 days after the date on which the Secretary submits
to the Committees on Appropriations of both Houses of
Congress, in classified form if necessary, a report on the
justification for the waiver.
Sec. 306. Notwithstanding section 161 of the Energy Policy
and Conservation Act (42 U.S.C. 6241), upon a determination
by the President in this fiscal year that a regional supply
shortage of refined petroleum product of significant scope
and duration exists, that a severe increase in the price of
refined petroleum product will likely result from such
shortage, and that a draw down and sale of refined petroleum
product would assist directly and significantly in reducing
the adverse impact of such shortage, the Secretary of Energy
may draw down and sell refined petroleum product from the
Strategic Petroleum Reserve. Proceeds from a sale under this
section shall be deposited into the SPR Petroleum Account
established in section 167 of the Energy Policy and
Conservation Act (42 U.S.C. 6247), and such amounts shall be
available for obligation, without fiscal year limitation,
consistent with that section.
Sec. 307. (a) Drawdown and Sale.--Notwithstanding section
161 of the Energy Policy and Conservation Act (42 U.S.C.
6241), and in addition to sales authorized in sections 403
and 404 of the Bipartisan Budget Act of 2015 (42 U.S.C. 6241;
42 U.S.C. 6239 note) and section 5010 of the 21st Century
Cures Act (42 U.S.C. 6241 note), the Secretary of Energy
shall draw down and sell up to $8,400,000 of crude oil from
the Strategic Petroleum Reserve during this fiscal year.
(b) Proceeds.--Proceeds from a sale under this section
shall be deposited into the SPR Petroleum Account during this
fiscal year and shall be available for the costs of crude oil
sales authorized in sections 403 and 404 of the Bipartisan
Budget Act of 2015 (42 U.S.C. 6241; 42 U.S.C. 6239 note) and
section 5010 of the 21st Century Cures Act (42 U.S.C. 6241
note), to remain available until expended.
(c) Emergency Protection.--The Secretary shall not draw
down and sell crude oil under this section in amounts that
would limit the authority to sell petroleum products under
section 161(h) of the Energy Policy and Conservation Act (42
U.S.C. 6241(h)) in the full amount authorized by that
subsection.
Sec. 308. (a) New Regional Reserves.--The Secretary of
Energy may not establish any new regional petroleum product
reserve unless funding for the proposed regional petroleum
product reserve is explicitly requested in advance in an
annual budget submission and approved by the Congress in an
appropriations Act.
(b) The budget request or notification shall include--
(1) the justification for the new reserve;
(2) a cost estimate for the establishment, operation, and
maintenance of the reserve, including funding sources;
(3) a detailed plan for operation of the reserve, including
the conditions upon which the products may be released;
(4) the location of the reserve; and
(5) the estimate of the total inventory of the reserve.
Sec. 309. Of the amounts made available under this title,
not more than $267,901,000 may be transferred to the working
capital fund established under section 653 of the Department
of Energy Organization Act (42 U.S.C. 7263).

TITLE IV

INDEPENDENT AGENCIES

Appalachian Regional Commission

For expenses necessary to carry out the programs authorized
by the Appalachian Regional Development Act of 1965, and for
expenses necessary for the Federal Co-Chairman and the
Alternate on the Appalachian Regional Commission, for payment
of the Federal share of the administrative expenses of the
Commission, including services as authorized by 5 U.S.C.
3109, and hire of passenger motor vehicles, $130,000,000, to
remain available until expended.

Defense Nuclear Facilities Safety Board

salaries and expenses

For expenses necessary for the Defense Nuclear Facilities
Safety Board in carrying out activities authorized by chapter
21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.),
$30,600,000, to remain available until September 30, 2019.

Delta Regional Authority

salaries and expenses

For expenses necessary for the Delta Regional Authority and
to carry out its activities, as authorized by the Delta
Regional Authority Act of 2000, notwithstanding sections
382C(b)(2), 382F(d), 382M, and 382N of said Act, $15,000,000,
to remain available until expended.

Denali Commission

For expenses necessary for the Denali Commission including
the purchase, construction, and acquisition of plant and
capital equipment as necessary and other expenses,
$11,000,000, to remain available until expended,
notwithstanding the limitations contained in section 306(g)
of the Denali Commission Act of 1998: Provided, That funds
shall be available for construction projects in an amount not
to exceed 80 percent of total project cost for distressed
communities, as defined by section 307 of the Denali
Commission Act of 1998 (division C, title III, Public Law
105-277), as amended by section 701 of appendix D, title VII,
Public Law 106-113 (113 Stat. 1501A-280), and an amount not
to exceed 50 percent for non-distressed communities: Provided
further, That notwithstanding any other provision of law
regarding payment of a non-Federal share in connection with a
grant-in-aid program, amounts under this heading shall be
available for the payment of such a non-Federal share for
programs undertaken to carry out the purposes of the
Commission.

Northern Border Regional Commission

For expenses necessary for the Northern Border Regional
Commission in carrying out activities authorized by subtitle
V of title 40, United States Code, $5,000,000, to remain
available until expended: Provided, That such amounts shall
be available for administrative expenses, notwithstanding
section 15751(b) of title 40, United States Code.

[[Page H6407]]

Southeast Crescent Regional Commission

For expenses necessary for the Southeast Crescent Regional
Commission in carrying out activities authorized by subtitle
V of title 40, United States Code, $250,000, to remain
available until expended.

Nuclear Regulatory Commission

salaries and expenses

For expenses necessary for the Commission in carrying out
the purposes of the Energy Reorganization Act of 1974 and the
Atomic Energy Act of 1954, $939,137,000, including official
representation expenses not to exceed $25,000, to remain
available until expended, of which $30,000,000 shall be
derived from the Nuclear Waste Fund: Provided, That of the
amount appropriated herein, not more than $9,500,000 may be
made available for salaries, travel, and other support costs
for the Office of the Commission, to remain available until
September 30, 2019, of which, notwithstanding section
201(a)(2)(c) of the Energy Reorganization Act of 1974 (42
U.S.C. 5841(a)(2)(c)), the use and expenditure shall only be
approved by a majority vote of the Commission: Provided
further, That revenues from licensing fees, inspection
services, and other services and collections estimated at
$779,829,000 in fiscal year 2018 shall be retained and used
for necessary salaries and expenses in this account,
notwithstanding 31 U.S.C. 3302, and shall remain available
until expended: Provided further, That of the amounts
appropriated under this heading, not less than $10,000,000
shall be for activities related to the development of
regulatory infrastructure for advanced nuclear technologies,
and $16,200,000 shall be for international activities, except
that the amounts provided under this proviso shall not be
derived from fee revenues, notwithstanding 42 U.S.C. 2214:
Provided further, That the sum herein appropriated shall be
reduced by the amount of revenues received during fiscal year
2018 so as to result in a final fiscal year 2018
appropriation estimated at not more than $159,308,000:
Provided further, That of the amounts appropriated under this
heading, $10,000,000 shall be for university research and
development in areas relevant to the Commission's mission,
and $5,000,000 shall be for a Nuclear Science and Engineering
Grant Program that will support multiyear projects that do
not align with programmatic missions but are critical to
maintaining the discipline of nuclear science and
engineering.

office of inspector general

For expenses necessary for the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, $12,859,000, to remain available until September 30,
2019: Provided, That revenues from licensing fees, inspection
services, and other services and collections estimated at
$10,555,000 in fiscal year 2018 shall be retained and be
available until September 30, 2019, for necessary salaries
and expenses in this account, notwithstanding section 3302 of
title 31, United States Code: Provided further, That the sum
herein appropriated shall be reduced by the amount of
revenues received during fiscal year 2018 so as to result in
a final fiscal year 2018 appropriation estimated at not more
than $2,304,000: Provided further, That of the amounts
appropriated under this heading, $1,131,000 shall be for
Inspector General services for the Defense Nuclear Facilities
Safety Board, which shall not be available from fee revenues.

Nuclear Waste Technical Review Board

salaries and expenses

For expenses necessary for the Nuclear Waste Technical
Review Board, as authorized by Public Law 100-203, section
5051, $3,600,000, to be derived from the Nuclear Waste Fund,
to remain available until September 30, 2019.

GENERAL PROVISIONS--INDEPENDENT AGENCIES

Sec. 401. The Nuclear Regulatory Commission shall comply
with the July 5, 2011, version of chapter VI of its Internal
Commission Procedures when responding to Congressional
requests for information.
Sec. 402. (a) The amounts made available by this title for
the Nuclear Regulatory Commission may be reprogrammed for any
program, project, or activity, and the Commission shall
notify the Committees on Appropriations of both Houses of
Congress at least 30 days prior to the use of any proposed
reprogramming that would cause any program funding level to
increase or decrease by more than $500,000 or 10 percent,
whichever is less, during the time period covered by this
Act.
(b)(1) The Nuclear Regulatory Commission may waive the
notification requirement in subsection (a) if compliance with
such requirement would pose a substantial risk to human
health, the environment, welfare, or national security.
(2) The Nuclear Regulatory Commission shall notify the
Committees on Appropriations of both Houses of Congress of
any waiver under paragraph (1) as soon as practicable, but
not later than 3 days after the date of the activity to which
a requirement or restriction would otherwise have applied.
Such notice shall include an explanation of the substantial
risk under paragraph (1) that permitted such waiver and shall
provide a detailed report to the Committees of such waiver
and changes to funding levels to programs, projects, or
activities.
(c) Except as provided in subsections (a), (b), and (d),
the amounts made available by this title for ``Nuclear
Regulatory Commission--Salaries and Expenses'' shall be
expended as directed in the report of the Committee on
Appropriations accompanying this Act.
(d) None of the funds provided for the Nuclear Regulatory
Commission shall be available for obligation or expenditure
through a reprogramming of funds that increases funds or
personnel for any program, project, or activity for which
funds are denied or restricted by this Act.
(e) The Commission shall provide a monthly report to the
Committees on Appropriations of both Houses of Congress,
which includes the following for each program, project, or
activity, including any prior year appropriations--
(1) total budget authority;
(2) total unobligated balances; and
(3) total unliquidated obligations.

TITLE V

GENERAL PROVISIONS

Sec. 501. None of the funds appropriated by this Act may
be used in any way, directly or indirectly, to influence
congressional action on any legislation or appropriation
matters pending before Congress, other than to communicate to
Members of Congress as described in 18 U.S.C. 1913.
Sec. 502. (a) None of the funds made available in title III
of this Act may be transferred to any department, agency, or
instrumentality of the United States Government, except
pursuant to a transfer made by or transfer authority provided
in this Act or any other appropriations Act for any fiscal
year, transfer authority referenced in the report of the
Committee on Appropriations accompanying this Act, or any
authority whereby a department, agency, or instrumentality of
the United States Government may provide goods or services to
another department, agency, or instrumentality.
(b) None of the funds made available for any department,
agency, or instrumentality of the United States Government
may be transferred to accounts funded in title III of this
Act, except pursuant to a transfer made by or transfer
authority provided in this Act or any other appropriations
Act for any fiscal year, transfer authority referenced in the
report of the Committee on Appropriations accompanying this
Act, or any authority whereby a department, agency, or
instrumentality of the United States Government may provide
goods or services to another department, agency, or
instrumentality.
(c) The head of any relevant department or agency funded in
this Act utilizing any transfer authority shall submit to the
Committees on Appropriations of both Houses of Congress a
semiannual report detailing the transfer authorities, except
for any authority whereby a department, agency, or
instrumentality of the United States Government may provide
goods or services to another department, agency, or
instrumentality, used in the previous 6 months and in the
year-to-date. This report shall include the amounts
transferred and the purposes for which they were transferred,
and shall not replace or modify existing notification
requirements for each authority.
Sec. 503. None of the funds made available by this Act may
be used in contravention of Executive Order No. 12898 of
February 11, 1994 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations).
Sec. 504. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network
unless such network blocks the viewing, downloading, and
exchanging of pornography.
(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.
Sec. 505. None of the funds made available by this Act may
be used to further implementation of the coastal and marine
spatial planning and ecosystem-based management components of
the National Ocean Policy developed under Executive Order No.
13547 of July 19, 2010.
Sec. 506. None of the funds made available by this Act may
be used for the removal of any federally owned or operated
dam unless the removal was previously authorized by Congress.
Sec. 507. None of the funds made available by this Act may
be used to conduct closure of adjudicatory functions,
technical review, or support activities associated with the
Yucca Mountain geologic repository license application, or
for actions that irrevocably remove the possibility that
Yucca Mountain may be a repository option in the future.

references to act

Sec. 508. Except as expressly provided otherwise, any
reference to ``this Act'' contained in this division shall be
treated as referring only to the provisions of this division.

reference to report

Sec. 509. Any reference to a ``report accompanying this
Act'' contained in this division shall be treated as a
reference to House Report 115-230. The effect of such Report
shall be limited to this division and shall apply for
purposes of determining the allocation of funds provided by,
and the implementation of, this division.

spending reduction account

Sec. 510. $0.
This Act may be cited as the ``Energy and Water Development
and Related Agencies Appropriations Act, 2018''.

The Acting CHAIR. No further amendment to the bill shall be in order
except those printed in House Report 115-259, amendments en bloc
described in section 3 of House Resolution 473, and pro forma
amendments described in section 4 of that resolution.
Each further amendment printed in the report shall be considered only
in the order printed in the report, may be offered only by a Member
designated in the report, shall be considered as read, shall be
debatable for the time specified in the report equally divided and
controlled by the proponent and an opponent, may be withdrawn by the
proponent at any time before action thereon, shall not be subject to
amendment except as provided by section 4 of

[[Page H6408]]

House Resolution 473, and shall not be subject to a demand for division
of the question.
It shall be in order at any time for the chair of the Committee on
Appropriations or his designee to offer amendments en bloc consisting
of amendments printed in the report not earlier disposed of. Amendments
en bloc shall be considered as read, shall be debatable for 20 minutes
equally divided and controlled by the chair and ranking minority member
of the Committee on Appropriations or their respective designees, shall
not be subject to amendment, except as provided by section 4 of House
Resolution 473, and shall not be subject to a demand for division of
the question.
During consideration of the bill for amendment, the chair and ranking
minority member of the Committee on Appropriations or their respective
designees may offer up to 20 pro forma amendments each at any point for
the purpose of debate.

Amendment No. 1 Offered by Mr. Connolly

The Acting CHAIR. It is now in order to consider amendment No. 1
printed in House Report 115-259.
Mr. CONNOLLY. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 163, line 25, after the dollar amount, insert
``(reduced by $1,022,250)''.
Page 164, line 23, after the dollar amount, insert
``(reduced by $1,022,250)''.
Page 189, line 19, after the dollar amount, insert
``(increased by $1,000,000)''.

The Acting CHAIR. Pursuant to House Resolution 473, the gentleman
from Virginia (Mr. Connolly) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Virginia.
Mr. CONNOLLY. Mr. Chairman, I rise today to offer an amendment that
would increase funding for the Government Accountability Office, offset
by a minor decrease in the funding for the MRA accounts here in the
House of Representatives.
I am offering the amendment for three reasons:
First, the bill significantly underfunds the GAO.
Second, the administration is actively thwarting congressional
oversight, which we need more of, not less of.
Finally, Congress, which struck an aggressive posture in oversight
during the previous administration, seems to have lost its way a bit in
its constitutional duty to oversee the activities of this executive
branch.
The GAO is a vital resource not only for congressional overseers, but
also anyone interested in studying or improving the effectiveness of
Federal agencies. The GAO is often referred to as the congressional
watchdog. I am sure every Member of Congress has supported or requested
a GAO report with the purpose of examining broad and discrete issues of
executive branch oversight at some point in their career. It is a vital
institution that saves taxpayer dollars.
Every dollar we invest in the GAO, Mr. Chairman, generates a $112
return for the Federal Government and for the taxpayer. This oversight
dividend amounted to $63 billion in financial benefits for the Federal
Government in fiscal year 2016 alone.
Unfortunately, the bill before us provides $46.2 million less than
the budget request for fiscal year 2018. This amendment would simply
restore a modest $1 million of it.
I know the lack of sufficient funding for the GAO has been a topic of
discussion and debate between the majority and minority on the
Appropriations Committee. I would note that the ranking member raised
the issue in the ``Additional Views'' section of the committee report.
In the report, Ranking Member Lowey and Representative Tim Ryan, who
is with us on the floor, stated it is irresponsible to underfund the
GAO, especially when administration officials have reportedly been
ordered not to comply with Democratic oversight requests.
Which brings me to my second reason for offering the amendment: the
indifferent and at times outright adversarial approach the Trump
administration has decided to take to normal routine congressional
oversight work. The administration has ignored the seven-member rule,
for example, an authority enacted into law in 1928, which delegates
authority to any seven members of my committee, the Committee on
Oversight and Government Reform, to require any executive branch agency
to submit any information requested of it relating to any matter within
the jurisdiction of our committee.
The Trump administration released an opinion issued by the Office of
Legal Counsel, arguing that agencies and departments could ignore
requests for documents and other information from Members of the
minority party.
On June 7, Republican Senator Chuck Grassley, who certainly knew the
benefit of getting information requests in the minority answered, wrote
a scathing letter to President Trump urging him to reject the opinion.
The opinion stated that only requests from committees or their chairs
are constitutionally authorized. Senator Grassley, Republican chairman
of the Judiciary Committee in the Senate, called the opinion nonsense.
In his letter to the President, he stated: ``For OLC to fundamentally
misunderstand and misstate such a simple fact exposes its shocking lack
of professionalism and objectivity.''
He also wrote: ``Oversight brings transparency, and transparency
brings accountability. And the opposite is true. Shutting down
oversight requests doesn't drain the swamp.''
Those are the words of Chuck Grassley.
As the vice ranking member of the Oversight and Government Reform
Committee, I have witnessed firsthand the committee's volte-face on
issues of oversight.
Whereas, during the Obama administration, one would have thought
that, like the British Empire, the Sun never set on the jurisdiction of
our committee. Now, suddenly, the majority advances a tortured and
narrow interpretation of the committee's role as the primary oversight
body for the House of Representatives.
If the administration is going to ignore the minority in Congress and
the majority is suddenly allergic to congressional oversight, the
demands on the GAO are going to grow.
With that greater responsibility should come greater resources. First
and foremost, the House should join Senator Grassley and demand that
this administration not impede congressional oversight activities.
In the absence of the administration acceding to this request, we
have got to send a clear message about the importance to the executive
branch of accountability by better funding the GAO.
This amendment will not solve the GAO funding created by this bill,
but it would send a message to our colleagues in the Senate about the
premium we place on the principle of robust oversight of the executive
branch.
Mr. Chair, I rise today to offer an amendment which would increase
funding for the Government Accountability Office (GAO) and offset that
increase with a reduction in funding for the salaries and expenses of
the House of Representatives.
I am offering this amendment for three reasons.
First, this bill significantly underfunds GAO.
Second, this administration is actively thwarting congressional
oversight.
And finally, Congress, which struck an aggressive posture on
oversight during the Obama Administration, seems to have forgotten its
Constitutional duty to oversee the activities of the Executive Branch.
GAO is a vital resource for not only Congressional overseers, but
also anyone interested in studying or improving the effectiveness of
federal agencies and the way in which they carry out their vital
missions.
GAO is often referred to as the ``congressional watchdog.''
I am sure nearly every Member of Congress has supported or requested
a GAO report with the purpose of examining broad and discrete issues of
Executive Branch oversight.
It is a vital institution that helps ensure taxpayer dollars are
invested wisely.
Every dollar we invest in GAO generates a $112 return for the federal
government. This oversight dividend amounted to $63 billion in
financial benefits for the federal government in fiscal year 2016.
Unfortunately, the bill before us provides $46.2 million less than
the budget request for FY 2018, which would result in the loss of 200
GAO staff by the end of the coming fiscal year.

[[Page H6409]]

I know the lack of sufficient funding for GAO has been a topic of
discussion and debate between the Majority and the Minority on the
Appropriations Committee.
I would note that the Ranking Member raised this issue in the
``Additional Views'' section of the Committee report for the
Legislative Branch Appropriations Bill.
In the report, Ranking Member Lowey and Representative Tim Ryan
stated, ``It is irresponsible to underfund the GAO, especially when
Administration officials have reportedly been ordered not to comply
with Democratic oversight requests.''
Which brings me to my second reason for offering this amendment--the
indifferent and, at times, hostile approach the Trump Administration
has decided to take to Congressional oversight work.
The administration has ignored the Seven Member Rule, an authority
that was enacted into law in 1928 which delegates authority to any
seven members of the Committee on Oversight and Government Reform to
require any Executive Branch agency to ``submit any information
requested of it relating to any matter within the jurisdiction of the
committee.''
The Trump Administration released an opinion issued by the Office of
Legal Counsel on May 1, 2017, arguing that agencies and departments
could ignore requests for documents and other information from Members
of Congress other than Republican Committee Chairmen.
On June 7, 2017, Republican Senator Chuck Grassley wrote a scathing
letter to President Trump urging him to reject the opinion issued by
Office of Legal Counsel.
The opinion stated that only requests from committees or their chairs
are ``constitutionally authorized.''
Senator Grassley called the opinion ``nonsense.''
In his letter to the president he stated, ``For OLC to so
fundamentally misunderstand and misstate such a simple fact exposes its
shocking lack of professionalism and objectivity. Indeed, OLC appears
to have utterly failed to live up to its own standards. You are being
ill-served and ill-advised.''
He also wrote, ``Oversight brings transparency, and transparency
brings accountability. And, the opposite is true. Shutting down
oversight requests doesn't drain the swamp, Mr. President. It floods
the swamp.''
And Congress is not blameless here.
As the Vice Ranking Member of the House Oversight and Government
Reform Committee, I have witnessed firsthand that Committee's volte-
face on issues of oversight.
Whereas, during the Obama Administration one would have thought that
like the British Empire the sun never set on the jurisdiction of the
Oversight Committee, now the Majority advances a tortured and narrow
interpretation of the Committee's role as the primary oversight body
for the House of Representatives.
If the Administration is going to ignore the Minority in Congress,
and the Majority is suddenly allergic to Congressional oversight, the
demands on GAO are only going to grow.
And with that greater responsibility should come greater resources.
First and foremost, the House should join Senator Grassley and demand
that this administration not impede Congressional oversight activities.
In the absence of the administration acceding to this demand, we must
send a clear message about the importance of Executive Branch
accountability by better funding GAO.
This amendment will not solve the GAO funding difficulties created by
this bill, but it would send a message to our colleagues in the Senate
about the premium we place on the principle of robust oversight of the
Executive Branch.
Mr. Chair, I yield back the balance of my time.
Mr. YODER. Mr. Chairman, I claim the time in opposition to the
amendment.
The Acting CHAIR. The gentleman from Kansas is recognized for 5
minutes.
Mr. YODER. Mr. Chairman, I thank the gentleman from Virginia for his
amendment to add $1 million to the already $545 million that we spend
on the Government Accountability Office.
The GAO plays an important role in being a government watchdog. They
are the sort of watchdog of what happens in this city. And we are all
certainly concerned, whether it is a Democrat or Republican President,
that we want a GAO that can do its work and to root out fraud, waste,
and abuse, provide economic data for Congress, help us to do our job in
holding our government accountable, and help the American people hold
our government accountable.
That is why we work on this bill, to keep funding steady for the GAO
and to help centralize IG reports to make them ultimately public and
online to increase transparency. But we have tight constraints on our
budget.
Even so, while we work to fund additional security needs, critical
infrastructure projects that need to be funded, and much-needed
cybersecurity improvements, reducing the amount of money that goes to
MRAs from our colleagues on both sides of the aisle would weaken our
ability to represent our constituents, weaken our ability to
effectively communicate with our constituents. I don't think that is
the gentleman's intent here, but that would be the ultimate result.
We actually have a slight increase in what the GAO can spend in our
budget, getting up to $545 million. So there is a slight increase here,
and that is at a time in which many budgets are being decreased across
Congress. Many of our constituents are tightening their belts and
learning how to do more with less in the challenges they face putting
food on the table for their families and really working in a family
budget. We have to do the same thing here in Congress, Mr. Chairman.
The GAO actually gets slightly more money this year, and they have
the ability to continue to carry out their function at $545 million.
And I don't believe going to $546 million is going to achieve the
significant changes that maybe Mr. Connolly would like to see.
Ultimately, we are not able to accommodate this request, Mr.
Chairman. Our Member budgets are already 12 percent below what they
were when the Republicans took over the House in 2010.

{time} 1715

We are 12 percent below, even with this expenditure, and many Members
are concerned that they don't have the resources to provide what they
need to for their constituents. So cutting these budgets by $1 million
more would only exacerbate those problems.
Mr. Chairman, we would have to oppose this amendment. We want the GAO
to remain strong, and that is why we slightly increased their funding,
but we can't really rob the MRA budgets to add to that with the many
challenges we have and many priorities in this Congress.
Mr. Chairman, I would oppose the amendment, and I yield back the
balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Virginia (Mr. Connolly).
The amendment was rejected.

Amendment No. 2 Offered by Mrs. Love

The Acting CHAIR. It is now in order to consider amendment No. 2
printed in House Report 115-259.
Mrs. LOVE. I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 164, line 23, after the dollar amount, insert
``(reduced by $11,025,000) (increased by $11,025,000)''.

The Acting CHAIR. Pursuant to House Resolution 473, the gentlewoman
from Utah (Mrs. Love) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentlewoman from Utah.
Mrs. LOVE. Mr. Chairman, I appreciate the opportunity to speak about
my proposed amendment to the Legislative Branch Appropriations bill. My
amendment will have zero budgetary impact, and the intent is to merely
advocate for the expansion of permissible uses of the MRA funds that
have already been designated for Member security.
Currently, the Appropriations Committee has provided MRA resources in
the amount of $25,000 per Member for providing Member security away
from the Capitol complex; however, this money may not be currently
spent on security at a Member's private residence.
In the current environment, however, many Members, myself included,
have faced threats that extend to our homes and our families. For me,
that included a person putting my address on Facebook and Twitter with
a statement that stated: ``We've signed your death certificate. You
won't see us coming.''
In fact, in recognition of this disturbing trend, a recent FEC
advisory opinion held that the campaign funds may be used, ``. . . to
install or upgrade residential security systems that do not constitute
structural improvements to a Members' homes.''
My amendment proposes that MRA funds for Member security may be used

[[Page H6410]]

in this same way. We do not face these threats because we are
candidates for office but because we are sitting Members of Congress.
Mr. Chair, I yield 1 minute to the gentleman from Louisiana (Mr.
Richmond), my colleague from Louisiana's Second Congressional District.
Mr. RICHMOND. Mr. Chair, I rise to support the gentlewoman from
Utah's amendment. I think that it is very appropriate, and,
unfortunately, we find ourselves in a time where this is needed. But we
have the awesome responsibility, and we have to remind ourselves
sometimes that we are the only 435 people in the country that will vote
on this country going to war and making decisions that impact this
country. Because of that, I think that we need to make sure that we
safeguard ourselves in this rising time of new threats and dangers.
Look, we all signed up for public service and to serve our country
and to make it a more perfect Union; however, a lot of our families and
our neighbors and our constituents that show up at our functions didn't
necessarily sign up for that. So for those reasons, I would just ask
that my colleagues support it. I think it is a very prudent piece of
legislation, amendment, at a very important time.
Mrs. LOVE. Mr. Chairman, I yield 1 minute to the gentleman from
Oklahoma (Mr. Bridenstine), my colleague from Oklahoma's First
Congressional District.
Mr. BRIDENSTINE. Mr. Chairman, I rise to thank the gentlewoman from
Utah for offering this very important amendment at this time in
American history. A lot of us have received threats, and I think this
is a good amendment. I would like to thank the gentleman from Louisiana
for stepping up to support it as well.
I would like to reiterate the point that this amendment could save
lives, and it doesn't add a single penny to the budget, to the debt, to
the deficit. This doesn't add a single penny, and yet it could be
responsible for saving the lives of our colleagues.
So I would like to thank the gentlewoman from Utah for offering it
and the gentleman from Louisiana for supporting it.
I would urge all of my colleagues to vote ``yes'' on this amendment.
Mrs. LOVE. Mr. Chair, I would like to go ahead and reiterate my
thanks to the Appropriations Committee and to my colleagues for all of
the support on this amendment.
Mr. Chair, I yield back the balance of my time.
Mr. YODER. Mr. Chairman, I claim the time in opposition to the
amendment, even though I am not opposed to it.
The Acting CHAIR. Without objection, the gentleman from Kansas is
recognized for 5 minutes.
There was no objection.
Mr. YODER. Mr. Chairman, I would like to thank Mrs. Love for her
eloquence and leadership on this issue. She has provided a very serious
proposal at a time in which, in light of the recent tragedy at a
baseball park here in the suburbs of Virginia and what we have seen
across the country, there are threats made daily against Members of
Congress, both Democratic and Republican. In fact, threats are up this
year over what they were all of last year combined.
We know many of these threats are simply just hot air or anger being
expressed in an overly vitriolic way. We have all seen it on social
media, on Twitter, on Facebook pages, things that are just really
shocking and lack the discourse and the civility that we need to solve
problems in this country. But it reaches a different level when Members
of Congress are put in threatening situations where they or their
families legitimately believe that someone may try to harm them. So we
must ensure that we do everything we can to protect this institution,
that we protect this government, that we protect democracy.
The idea that anyone in this body could be targeted based on their
political beliefs, like my friend and our colleague, our majority whip,
Steve Scalise, was when he was shot at a baseball practice by somebody
who was specifically targeting Republicans for their beliefs, that is
sort of new in the world of the shootings that we have seen around the
country, that someone would be specifically targeted for their beliefs.
It happened to Republicans now; it could happen to Democrats the next
time. So I think we stand unified as a Congress that we must improve
the security in order to protect democracy.
We signed up for this, of course, and as my colleague, Mr. Richmond,
said, our families didn't. Home security relates to our children, our
families, making sure there are cameras or whatever improvements need
to be made so that people know that, if someone were to try to attack
them at their home, they would be protected.

In this bill, we have addressed security here in Washington, D.C. We
have addressed security at our district offices at home. We have even
allowed personal security. But what we haven't done is allowed some
support for home security.
We have seen, in recent weeks, that the FEC has said you can spend
campaign dollars for this, and I think it is a reasonable request that
Mrs. Love is making, that others are standing up for, to allow the MRA
to be utilized for that.
So I think what the gentlewoman is raising will help with peace of
mind. It will help stem real attacks, is limited in its scope, and
ultimately protects democracy. Members of Congress should not be
intimidated or injured or worse because of what they believe in.
I ask the body to support this legislation, and I yield the balance
of my time to the gentleman from Ohio (Mr. Ryan), the ranking member of
the Legislative Branch Subcommittee.
Mr. RYAN of Ohio. Mr. Chairman, I just want to make it unanimous
here. I want to thank the gentlewoman from Utah for offering this
amendment and Mr. Richmond for coming here to support it.
Again, everything has been said. This is appropriate. We are in
unchartered waters here. We were at the baseball practices. We saw what
happened to our colleague.
We go out to events; we can have security. We go to our office; we
can have security. You come home, and you can't. So I think this is
appropriate.
I want to thank you for taking this issue up on behalf of the body.
We have so many Members today that will take opportunities to diminish
this body, and you stood up and showed some leadership in enhancing
this body. I want to support this amendment, and I thank the chairman
for allowing this to happen.
Mr. YODER. Mr. Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from Utah (Mrs. Love).
The amendment was agreed to.

Amendment No. 3 Offered by Mr. Kildee

The Acting CHAIR. It is now in order to consider amendment No. 3
printed in House Report 115-259.
Mr. KILDEE. Mr. Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 163, line 25, after the dollar amount insert the
following: ``(increased by $250,000)''.
Page 167, line 3, after the dollar amount insert the
following: ``(increased by $250,000)''.
Page 167, line 14, after the dollar amount insert the
following: ``(increased by $250,000)''.
Page 176, line 18, after the dollar amount insert the
following: ``(reduced by $250,000)''.

The Acting CHAIR. Pursuant to House Resolution 473, the gentleman
from Michigan (Mr. Kildee) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Michigan.
Mr. KILDEE. Mr. Chairman, this amendment is actually quite simple. It
would expand the House Wounded Warrior Fellowship Program to ensure
that even more wounded veterans have the opportunity to work here in
Congress and contribute their talents to our work here.
We need more veterans in public service. This amendment would provide
additional opportunities for veterans to continue to serve their
country here in the House of Representatives as legislative fellows.
I think we know that these veterans bring a particular perspective
and a particular set of experiences unlike anything else we hear, and
this perspective should inform the conversations, the discussions, and
the deliberations we have on all subjects, but particularly on subjects
related to their

[[Page H6411]]

experience and their particular perspective. We need these voices
especially now more than ever.
We do talk a lot about ways to help veterans transition from their
service to the world of work following their time in the military. This
would increase the number of veterans that are given the opportunity
to, right here, work alongside us and to provide us with their
perspective.
This amendment is budget neutral and provides additional
opportunities for veterans to help us in our work. I think it is the
right thing. I urge my colleagues to support it.
I yield 1 minute to the gentleman from Ohio (Mr. Ryan), the ranking
member of the subcommittee.
Mr. RYAN of Ohio. Mr. Chair, I thank the gentleman.
I think the Wounded Warrior Project we have going on here in the
House of Representatives is a great project. It is a great opportunity,
as you articulated, to get people into the legislative process, both in
our district offices and here in Washington, D.C., and I want to voice
my support for that.
Mr. YODER. Mr. Chair, I ask unanimous consent to claim the time in
opposition, even though I do not oppose the amendment.
The Acting CHAIR. Is there objection to the request of the gentleman
from Kansas?
There was no objection.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. YODER. Mr. Chair, I want to thank Mr. Kildee for his leadership
in bringing this to this body's attention.
I think the work of our men and women in service defending our Nation
is the highest priority for this Congress, and our support for them in
services, in healthcare, in helping them find work, in education, in
training, all the things they need when they come home, I think we are
unified in our support that they should be recognized as the heroes
they are when they come back and leave service.
Some of these men and women, in putting themselves in the field of
battle have become wounded, and sometimes very severely. They have
stood in the field of battle. They have stood up to our enemies. They
have protected freedom around the globe and here at home, keeping us
and our allies, our children, our families safe, keeping freedom and
democracy safe; yet, when they come home, all too often, they don't
have everything they need. All too often, they don't feel that the
promises this government has made have been kept. So each and every day
I think we are working on legislation to improve that.
We have passed bills in recent weeks here to continue and improve
veterans' programs, but the House Wounded Warrior Program is a great
example of how this Congress is leading by example by creating 2-year
fellowships for disabled veterans.
The unemployment rate is higher for these men and women than it is
for nonveterans, and disabled veterans in particular, and so this
fellowship program provides a valuable job, a valuable experience, an
opportunity for these men and women to help serve their country, which
is in their DNA. It is who they are.
When they are done serving on the battlefield, they can come serve in
our congressional offices, and it provides a great service for us. They
provide the opportunity for us to have an expert on not only veterans'
issues and military issues, but many issues. They can cover a whole
range of things, providing better services for us and our constituents.
In our legislation, the underlying bill, we increased the total
number of fellowships to 85 from 54 because there is a waiting list.
This is a 57 percent increase over the previous number. And 79 Member
offices are on the waiting list right now to participate in this
program, so the demand is there.
We certainly know that there are many veterans who would love to
serve in this capacity, and so we are excited to support this amendment
putting more resources into this program, and we are going to work with
the gentleman from Michigan to make sure that we can open up slots in a
timely manner to help make sure we get these men and women into the
offices so they can serve.
Mr. Chairman, we support this amendment, and I yield back the balance
of my time.

{time} 1730

Mr. KILDEE. Mr. Chairman, I would just like to express my
appreciation to Chairman Yoder for his support and for Ranking Member
Ryan for their bipartisan support of this effort. It is the right thing
to do. It will make a difference in the work that we do and especially
will make a difference for those returning wounded warriors to give
them a chance to start a career perhaps.
Mr. Chairman, I urge my colleagues to support this amendment, and I
yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Michigan (Mr. Kildee).
The amendment was agreed to.

Amendment No. 4 offered by Mr. Perry

The Acting CHAIR. It is now in order to consider amendment No. 4
printed in House Report 115-259.
Mr. PERRY. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 176, line 2, after the dollar amount, insert
``(reduced by $25,436,000)''.

The Acting CHAIR. Pursuant to House Resolution 473, the gentleman
from Pennsylvania (Mr. Perry) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Pennsylvania.
Mr. PERRY. Mr. Chairman, our Nation is $20 trillion in debt, and
there might be $100 trillion or $200 trillion in unfunded liabilities.
I am not sure we really know what the answer is there. But we have got
to find a way to reduce our spending and make sure that the things we
are paying for are worthy and that we are getting something--we are
actually getting what we are paying for.
I am offering an amendment to H.R. 3219 to reduce the appropriations
to the Congressional Budget Office by 50.4 percent.
We all know and agree the Congressional Budget Office is tasked with
determining the budget and economic impacts of proposed legislation
which are critical to our everyday decisions. Oftentimes, they are
late, and, unfortunately, too often they are woefully incorrect.
I don't mean to impugn the fine people who work at the CBO, but
something is amiss. If we keep on accepting it, how are we ever going
to get our policy right?
The CBO's fiscal analysis is consistently incorrect, and, as a
result, has detrimental implications on a variety of policies.
This amendment reduces the CBO's fiscal year '18 appropriations by
50.4 percent which just happens to be the exact same percentage that
the CBO was off when it predicted the enrollment numbers for the
Affordable Care Act exchanges in 2016.
In 2010, the CBO projected that 21 million people would enroll in the
exchange plans by 2016. The actual enrollment was about 10.4 million
people. That is an error of 50.4 percent, Mr. Chairman.
Now, maybe the CBO's projections would have improved as the ACA
continued to take shape after 2010, and that seems reasonable. That is
not correct. That is wrong. It didn't improve. Four years later, the
CBO predicted that, from 2016, between 23 and 25 million people would
receive coverage through the exchanges. In 2014, the updated CBO
analysis projected that 24 million people would receive coverage
through the exchange in 2016. However, the actual 2016 enrollment in
the ACA exchanges was 10.4 million people.
So it is less than half. They always predict about twice as much, or
costs twice as much, and the numbers always seem to be half as much.
That is a big deal.
We passed the American Health Care Act in here, and I went to my
townhall, and CBO is saying: well, 23 to 24 million people are going to
lose their insurance because of the American Health Care Act.
Well, yes, if you use the CBO's numbers which based the analysis on
what they projected.
They don't even look at reality. We have got the reality right now.
The reality is 10.4 million people, not 23 and 25 million--10.4. But
that is how they view this thing, and that is what we vote on here.
That is a problem.

[[Page H6412]]

I also want to highlight the failure of the CBO to forecast the cost
of the Medicaid expansion. In 2013, the CBO projected that 34 million
people would be on Medicaid or CHIP in 2016; however, in 2016, the CBO
doubled, once again, they doubled their earlier estimates to 68 million
people.
I mean, who gets to be off by that much and still receive--it is not
like there is no accountability; there isn't any accountability, Mr.
Chairman.
As a result, in March of 2016, the CBO increased its projection of
Federal spending for Medicaid by $146 billion. These are figures that
we make decisions on around here.
Mr. Chairman, the CBO simply must be held accountable for its
consistent failure to accurately or even reasonably predict budget and
economic impacts of legislation. CBO is a critical contribution to our
discussion and decisionmaking. We simply need to be able to depend on
it as such.
Mr. Chairman, I reserve the balance of my time.
Mr. RYAN of Ohio. Mr. Chairman, I rise in opposition to the
amendment.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. RYAN of Ohio. Mr. Chairman, I have been here long enough to
recognize that, at times, the majority party will come to some level of
disagreement with the Congressional Budget Office. We were here during
the healthcare debate, we were here during tax cuts and all kinds of
different things that happened in the last 15 years that I have been
here.
They are not perfect, and they sometimes annoy us. As I can tell from
my good friend on the other side, he is in the annoyance period with
the Congressional Budget Office. But this is an essential component to
what we do here.
The Congressional Budget Office sincerely attempts to give us the
best, most accurate information that they could possibly provide us,
and those estimates change over time as circumstances change over time.
When you are talking about one-sixth of the entire United States
economy, it is going to be difficult to give you entirely accurate
information.
But not having this essential service here, I think, would be
detrimental to this Congress, detrimental to our ability to even gauge
and forecast into the future, and so I oppose this amendment strongly
and vigorously.
Mr. Chairman, I yield 3 minutes to the gentleman from Kentucky (Mr.
Yarmuth) who I know also has a strong opinion on this matter.
Mr. YARMUTH. Mr. Chairman, I rise today in strong opposition to this
amendment and urge my colleagues to reject it.
Some Republicans in Congress and the Trump administration are engaged
in a steadily escalating campaign to tear down the Congressional Budget
Office and anyone else who does not tell them what they want to hear.
This amendment is a direct assault eliminating half of CBO's budget.
The CBO is our impartial referee. Its vigorous work has been
indispensable for Congress as we consider legislation that impacts the
lives of the American people. This amendment is not good for democracy,
and it is not consistent with the principles of good government.

Republicans claim to care about fiscal responsibility, but this
amendment would destroy the office we rely on to help us meet that
standard.
My Republican colleagues are willing to compromise the integrity of
this House solely because they cannot defend the bill repealing the
Affordable Care Act. They cannot effectively explain to their
constituents why they voted to leave more than 20 million Americans
uninsured and dramatically increase the cost of insurance for millions
more.
They are unable to justify cutting $1 trillion from Medicaid and
jeopardizing care for seniors in nursing homes, children, and families
struggling to make ends meet. What they are doing in all of this is to
provide cuts for the wealthiest Americans.
This amendment is a clear attempt to divert attention from that
reality and to hide the truth from the American people. It will set a
dangerous precedent.
As students, we would all like to grade our own papers, but we can't
do that in Congress. We have to have somebody impartial who will grade
them for us and tell us what this means to our budget and to the
American people.
Congress created CBO to give us our own sense of budgetary
information and expertise so we would not have to rely on
administration estimates. CBO improves our ability to protect the power
of the purse. For more than 40 years, the CBO has steadfastly fulfilled
its mission providing impartial analysis and expertise to inform our
decisionmaking.
The CBO Director and all personnel are appointed to their positions
without regard to their political affiliation, solely based on their
ability and qualifications. They show no allegiance or deference to any
political ideology or party when preparing their analyses.
It is all too easy these days to take refuge in information that
tells us only what we want to hear. But that does not lead to sound
policy. CBO does not exist to give us the information that we want to
hear. Its job is to give us the information that we need to make
informed, responsible decisions. It is one of few institutions in
Washington that serves that role.
It is beneath the Congress to attack the CBO which is only doing its
job. It should be embarrassing to my Republican colleagues that they
are launching these attacks simply because they do not have the courage
to defend the damaging effects of their plan to repeal the Affordable
Care Act. This needs to stop.
Mr. RYAN of Ohio. Mr. Chairman, I yield back the balance of my time.
Mr. PERRY. Mr. Chairman, may I inquire of the time remaining.
The Acting CHAIR. The gentleman from Pennsylvania has 1 minute
remaining.
Mr. PERRY. Mr. Chairman, I don't disagree with my colleagues on the
other side. I said that. We need the CBO. We created the CBO. Congress
needs to have reliable information.
The problem is, it is not reliable. It is not reliable on the
testimony that was just given against this amendment. That is the
problem.
The CBO--right now where there are 10.4 enrollees--is telling us, in
2 years, there are going to be 25 million enrollees. Meanwhile, there
are less exchanges open, and there are fewer insurers available. It is
not going up; it is going down.
The CBO, when we say that they would reflect the current time, they
absolutely don't. That is the problem. They don't even reflect reality
when reality is right in front of them. The CBO needs to wake up. Who
among us works for half the time and gets it doubly wrong and gets the
same paycheck? The CBO.
Mr. Chairman, I urge my colleagues to vote for this amendment, and I
yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Pennsylvania (Mr. Perry).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. RYAN of Ohio. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Pennsylvania
will be postponed.

Amendment Number 5 offered by Mr. Griffith

The Acting CHAIR. It is now in order to consider amendment No. 5
printed in House Report 115-259.
Mr. GRIFFITH. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

At the end of division B (before the short title), insert
the following:
Sec. ___. The Budget Analysis Division of the
Congressional Budget Office, comprising 89 employees with
annual salaries aggregating $15,000,000, is hereby abolished.
The duties imposed by law and regulation upon the employees
of that Division are hereby transferred to the Office of the
Director of the Congressional Budget Office.

The Acting CHAIR. Pursuant to House Resolution 473, the gentleman
from Virginia (Mr. Griffith) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Virginia.
Mr. GRIFFITH. Mr. Chairman, I yield myself such time as I may
consume.

[[Page H6413]]

Mr. Chairman, I would like to read the amendment because I think
there must be some confusion on this, and it will become important
later in the debate:
``The Budget Analysis Division of the Congressional Budget Office,
comprising 89 employees with annual salaries aggregating $15 million is
hereby abolished. The duties''--underlined duties, because it is only
duties--``imposed by law and regulation upon the employees of that
division are hereby transferred to the Office of the Director of the
Congressional Budget Office.''
That is the simple amendment, Mr. Chairman.
Mr. Chairman, I yield 1 minute to the gentleman from North Carolina
(Mr. Meadows).
Mr. MEADOWS. Mr. Chairman, I thank my esteemed colleagues for raising
the issue, but it is more an issue of accuracy than anything else.
As we look at this, Mr. Chairman, it is real easy to look at CBO and
realize that they are the one group that makes a weatherman's 10-day
forecast look accurate. They consistently miss it all the time.
When you look at the 2002 farm bill, they missed it by $137 billion.
The 2008 farm bill, they missed by $309 billion. Eventually, it adds up
to real money.
But even with that, let's look at the sale of 64 million barrels of
oil from the Strategic Oil Reserve. They actually said that there is no
income from that and that it costs the government to get rid of 64
million barrels of oil. What kind of analysis does that?
So if my friend opposite wants to debate this over the accuracy, I
welcome it.
Mr. Chair, it is time that we deal with this.
Mr. GRIFFITH. Mr. Chairman, I yield myself 2 minutes.
Mr. Chairman, we have heard some of the problems with CBO from Mr.
Meadows. We heard from Mr. Perry immediately before on his amendment.
The CBO is meant to help Congress evaluate legislation. But I do not
believe the agency, as currently constituted, has or can do so
effectively.

{time} 1745

Too often, predictions made by CBO turn out to be far off the mark.
We heard about the 2002 farm bill and the 2008 farm bill from Mr.
Meadows. That is true, but people back home may not realize that, in
fact, we don't do a farm bill every year. We do one roughly every 5
years, sometimes a little later than that, so there have not been so
many to score.
One of our favorites on the Energy and Commerce Committee, on which I
am pleased to serve, is the fact that, in 2015, we decided we would
push forward and sell, as a nation, some broadband spectrum. CBO said
zero dollars would be yielded from that sale.
Now, I use this all the time when I am talking to high school
students, because you don't have to be a CBO person living in the ivory
tower that they must live in to understand that broadband spectrum has
value in today's society, and zero is not the right score. In the end,
it brought in $44 billion. When you take away the costs, it brought in
a net $40 billion. CBO was wrong.
CBO has overestimated on a number of things. Mr. Perry talked about
ObamaCare. But time after time after time, they have gotten things
wrong. They said it cost more or didn't save as much.
In fact, I just saw, today, a report put out by Xcenda that the per-
patient oncology drug costs were 0.06 to 2.3 times lower than what CBO
said they were going to be from roughly 2003 to 2013, according to that
study.
Mr. Chairman, I reserve the balance of my time.
Mr. RYAN of Ohio. Mr. Chairman, I rise in opposition to the
amendment.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. RYAN of Ohio. Mr. Chairman, this amendment is breathtaking in its
completely overt vindictiveness. Some Members don't like the calls the
refs have made in games. You can have your opposition and your opinion.
Here, we are trying to get the referee fired. We cannot function as a
group here if we are going to continue to try to demean and criticize
this very group that is trying to help us do our job.
As I said a few minutes ago, the Democrats have had a long list of
frustrations with the CBO, but did we have the President, the leader of
our party, and a significant number of Members of the United States
Congress start bad-mouthing the CBO? We did not.
We had our complaints, in all fairness, but we think that this group
of professionals is essential to how this body functions.
Mr. Chairman, I yield 2 minutes to the gentlewoman from Tennessee
(Mrs. Black), the distinguished chairman of the Budget Committee, if
you are not going to just believe Democrats on this issue.
Mrs. BLACK. Mr. Chairman, I thank the gentleman for yielding.
Mr. Chairman, I rise to voice my concerns about this amendment.
I think everyone in this House has a lot of issues, as has already
been talked about, with the current modeling that is used by the
Congressional Budget Office, and I am certainly one of these people,
but this amendment is not the best way to accomplish our goal of
obtaining better information and analysis from CBO.
The CBO is an important organization that provides vital information
that Congress does need to make the best decisions. However, the
modeling and scoring methods they currently are using need to be
scrutinized, especially their behavioral predictions.
For example, in 2010, the CBO projected that 21 million Americans
would be covered by ObamaCare in 2016, when, in reality, less than 13
million Americans have actually obtained coverage. In fact, during
their scoring of the House Republican healthcare plan, CBO described
their own estimates, which rely on behavioral predictions, as extremely
uncertain.
That is why the House Budget Committee plans to hold a series of
hearings this fall on CBO to gain a better understanding of their
methods and how we can work to improve their ability to give Congress
better information, which we obviously need. As chairman of the Budget
Committee, I take this responsibility very seriously, and we will
approach these hearings in the pursuit of truth and accuracy so we can
make laws that better serve the American people.
We all realize that CBO has room for improvement, but this amendment
being offered tonight is not the best way to achieve that. Instead, we
need to have a deliberative discussion in the Budget Committee and
amongst everyone in the House, and I look forward to doing exactly that
in the coming weeks and months.
Mr. RYAN of Ohio. Mr. Chairman, may I inquire how much time is
remaining.
The Acting CHAIR. The gentleman has 2 minutes remaining.
Mr. RYAN of Ohio. Mr. Chairman, I yield 2 minutes to the gentleman
from Massachusetts (Mr. Neal), the distinguished ranking member on the
House Ways and Means Committee.
Mr. NEAL. Mr. Chairman, the previous speaker said: How could a group
be so far off in their analysis? Well, they were that far off with the
Bush tax cuts in 2001 and 2003. Alan Greenspan was certainly off. In
his commentary about economic growth, we had the slowest growth since
Herbert Hoover was President, based upon $2.3 trillion worth of tax
cuts.
So this is analysis. It is an economic forecast. It is not an
algorithm. When you pick up the computer, you push a button, and all of
a sudden you get a score.
I am in opposition to this amendment because they play a vital role
every single day, even when they are not entirely accurate, in keeping
a scorecard. Members and staff on both sides, particularly at the Ways
and Means Committee, rely much upon their hardworking and nonpartisan
analysis for what they do every day.
I have never, in 29 years in this House, said to a member of CBO: Are
you a Republican or are you a Democrat?
When we demean professional achievement from economists who try and
strive every single day to come up with an accurate forecast, we do
this institution no good. We should have a high regard for what these
people do every single day--and let me say this, by the way, more
accurate than the Office of Management and Budget, in my recollection,
who work for Presidents and who, generally, didn't come up

[[Page H6414]]

with forecasts that Presidents might or might not like.

The CBO is an independent agency and we need to keep it here.
Congress could not do its work without the CBO. As Tim Ryan said a few
moments ago, this is the equivalent of let's beat up the referee after
we don't like the outcome of the soccer game. Let's jump the referee
and tell him: You better go back in and change the score so that we
might meet, perhaps, popular polling forecasts, which I also might tell
you, based on what happened in November, weren't so good, either, for
all of us.
Regardless of what political party we are Members of, we should have
regard for this House of Representatives and the independent role that
CBO offers. Chairman Kevin Brady stands with me on this. Leave the CBO
alone.
The Acting CHAIR. The time of the gentleman from Ohio has expired.
Mr. RYAN of Ohio. Mr. Chair, as the designee of Ranking Member Lowey,
I move to strike the last word.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. RYAN of Ohio. Mr. Chairman, I yield to the gentleman from
California (Mr. Costa).
Mr. COSTA. Mr. Chair, I thank the gentleman for yielding.
As one of the three co-chairs of the Blue Dog Coalition, a group of
Democrats committed to bringing our Nation's deficit and debt under
control, I rise in opposition to this amendment.
This amendment would, in fact, eliminate the division in the CBO
area. Frankly, it serves, as we all know, a valuable role as a
nonpartisan adviser to Congress on the costs and tradeoffs on
legislation and the budget of the United States.
Although you don't see these folks on TV every day, the CBO staff
consists of professionals who put facts and transparency first.
Forecasting the economic impacts of legislation is complicated, and no
estimate will ever be perfect, let's face that. The CBO, though, is
transparent about that.
That said, estimates provided by the CBO are objective and are based
on facts and transparent calculations. The staff who make these
estimates up aren't swayed by the political rhetoric on either side of
the spectrum on the House floor, and that is what lawmakers need in
order to govern responsibly.
Without the CBO, lawmakers in Washington would be flying blind,
developing major legislation without knowing what the real consequences
are. Just like you wouldn't drive a car while blindfolded, you
shouldn't be voting on legislation without knowing the real costs,
intended or unintended. After all, these are taxpayer dollars.
This amendment is dangerous for our Nation, and there is no other way
to describe it. As a society, one must accept facts as they are,
whether the facts are in our favor or not. Facts are facts, I guess,
unless you believe in alternative facts.
In fact, CBO acts as an umpire for us here in Congress, calling balls
and strikes as best it can. You may not like the call, you may not like
the strike zone, you may think it is simply wrong, but you don't attack
the umpire. That is what this is: attacking the umpire because you
don't like the call. If you attack the umpire, why don't you improve
your game?
At the end of the day, what we are talking about here is taxpayer
dollars. We need to keep the Congressional Budget Office intact, and I
oppose this legislation, as do all of the Blue Dogs.
Mr. RYAN of Ohio. Mr. Chairman, I yield to the gentleman from
Virginia (Mr. Beyer).
Mr. BEYER. Mr. Chairman, I, too, rise in strong opposition to this
mean-spirited amendment.
This attack on the integrity and professionalism of the Congressional
Budget Office is shameful and is part of a strategic assault on the
objectivity and expertise in our civil service.
With this amendment, the Republicans are seeking to punish the
nonpartisan CBO because they don't agree with their finding regarding
the Republican plan to replace ObamaCare.
I understand that, for Republicans and the Trump administration, it
is an inconvenient truth that 23 million Americans would lose coverage
under their plan, but just because you are losing the game doesn't mean
you can fire the refs. Partisan talking points cannot replace unbiased
analysis.
Let's not forget the CBO's Director was appointed by a Republican
Speaker and praised effusively by then-Budget chairman and current
Secretary of Health and Human Services, Tom Price.
Mr. Chairman, I represent more Federal employees than any other
Member of the House. Most of these 89 positions at the CBO that this
amendment seeks to eliminate are my constituents. It is simply
unacceptable that we somehow suggest that they and others in the civil
service are not honest.
The choice to pursue this political attack on the CBO through the so-
called Holman rule should concern every Member of Congress. Back in
January, when Republicans passed their rules package enabling Members
to target individual Federal employees and their pay, I warned that the
Holman rule would be abused and used as a way to politically target
civil servants. That is exactly what we are seeing today.
Mr. Chairman, I urge my colleagues to oppose the amendment.
Mr. RYAN of Ohio. Mr. Chairman, let me just say quickly again and
reiterate that we are living in a world now where facts are trying to
be diminished, science is trying to be diminished, and we rely on these
professionals to give us as accurate information as we can possibly
obtain at the time from the professionals that are in this office. We
rely on this office very much to make the decisions that we make here
that have such great importance. While they are not always perfect, I
think they always put forth a good product for us.

Mr. Chairman, I yield back the balance of my time.
Mr. GRIFFITH. Mr. Chairman, I yield myself the balance of my time.
Mr. Chairman, we have heard from our colleagues on the other side of
the aisle that we ought to trust the CBO, that the referee should be
taken at their word and that they are doing the best they can. But
let's look at this amendment.
The CBO scored it, and they said:

CBO estimates that your amendment would have no net effect
on budget authority or outlays in fiscal year 2018.

No net effect. Who here actually believes that eliminating 89
positions, as the gentleman from Virginia, my friend, just said it is
going to affect his people, who believes that 89 people being
eliminated and $15 million in aggregate salaries has no net effect on
budget authority or outlays? I don't think any of us believe that.
So here is the conundrum that my friends have on the other side of
this issue: a ``yes'' vote means that you agree with me that something
needs to be reformed at CBO; a ``no'' vote means that you agree with
CBO's assessment that this amendment abolishing 89 employees will have
no effect. Therefore, I would submit to you that the CBO has, in
effect, determined that their budget analysis division has no value.
Therefore, if you actually support CBO, you must vote ``present.''
Mr. Chairman, I ask my colleagues to join me with a ``yes,'' and
let's start the reform at CBO so we can get accurate numbers. If you
don't agree with this reform, I ask that you vote ``present,'' or else
you, too, are agreeing with the CBO that the budget analysis division
has no value.
Mr. Chairman, I yield back the balance of my time.
Mr. CONNOLLY. Mr. Chair, I have great respect for gentlemen who
offered this amendment.
They are my colleagues, and they are my friends.
Mr. Meadows and I work very closely together on the Government
Operations Subcommittee. He is my Chairman, and he knows I value his
collaboration.
Mr. Griffith is a fellow Virginian, and I have the pleasure of
serving on committees with Mr. Jordan (OGR) and Mr. Perry (HFAC).
And that is why it especially pains me to say this.
But this amendment, which uses the disgraceful Holman Rule to
eviscerate the Congressional Budget Office's Budget Analysis Division,
is so transparent and so cynical it makes me want to weep.
This amendment would punish the Congressional Budget Office for
exposing the House Republican repeal of the Affordable Care Act as a
cruel bill that would deprive 23 million Americans of healthcare.
CBO is being retaliated against for the earnest work it conducted on
the Trump Budget,

[[Page H6415]]

which demonstrated that the president's budget misrepresents deficit
projections by $2.3 trillion.
This amendment says facts don't matter anymore.
And that is something to mourn.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Virginia (Mr. Griffith).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. GRIFFITH. Mr. Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Virginia
will be postponed.

{time} 1800

Amendment No. 6 Offered by Mr. Cicilline

The Acting CHAIR. It is now in order to consider amendment No. 6
printed in House Report 115-259.
Mr. CICILLINE. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 176, line 18, after the dollar amount, insert
``(reduced by $100,000) (increased by $100,000)''.

The Acting CHAIR. Pursuant to House Resolution 473, the gentleman
from Rhode Island (Mr. Cicilline) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentleman from Rhode Island.
Mr. CICILLINE. Mr. Chairman, my amendment to H.R. 3219 will help
ensure that buildings such as the Capitol and the House and Senate
office buildings have adequate baby changing tables.
Last year, this Congress passed into law my legislation called the
BABIES Act requiring that both male and female restrooms in many public
buildings be equipped with baby changing facilities that are physically
safe, sanitary, and appropriate.
That legislation ensures that there are appropriate and sanitary
facilities for parents and caretakers to change the diapers of infants
and toddlers in publicly accessible Federal buildings controlled by the
General Services Administration.
In the same vein, I was pleased that the Legislative Branch
Subcommittee included report language in its fiscal year 2017 bill
recognizing the importance of providing designated baby changing
stations for members of the public who visited the Capitol complex and
encouraging the Architect of the Capitol to take steps to provide baby
changing stations at easily accessible locations.
I want to thank my colleagues on the Appropriations Committee and
Chairman Yoder for their support of these efforts. My amendment today
to H.R. 3219 would similarly encourage the construction of safe,
appropriate, and sanitary baby changing stations in Federal public
buildings controlled by the Architect of the Capitol such as the
Capitol complex, the House, and Senate office buildings, the Botanic
Gardens, and the Library of Congress.
With more than 20 million visitors coming to Washington, D.C., each
year, families are often surprised by the lack of adequate baby
changing facilities in public buildings. Currently, there are only nine
baby changing stations in the House office buildings, none of which are
in the Rayburn Building, where my office is located. That means that
when Rhode Island families who come to visit my office have to try to
find a changing station, they go all the way to Cannon or Longworth, or
they have to decide to change their baby on the bathroom floor, which
is a terrible option. It is not sanitary either for the parents or for
the children.
Access to these changing stations in restrooms in Federal buildings
will help in protecting the health and safety of children at a very de
minimus cost, about $200 per changing station. This nominal amount will
go a very long way to encouraging a family-friendly environment and
ensuring the safety and comfort of our constituents who visit us.
And I want to again thank Chairman Yoder and Ranking Member Ryan for
their support of this amendment, and I look forward to working with
them to help ensure that our constituents are able to have a safe and
enjoyable visit to our beautiful Capitol buildings.
Mr. Chair, I yield to the gentleman from Ohio (Mr. Ryan), the ranking
member.
Mr. RYAN of Ohio. Mr. Chair, I thank the gentleman for yielding.
Let me just say briefly that I support this amendment. Making the
Capitol complex and other buildings in the legislative branch more
family friendly is an important priority. People come here from all
over the country to meet with us, to see the sights, and to witness
democracy in action.
If you have traveled far and wide with your family like I have, you
know how much of a difference that it would make even for a brief part
of your day, like the inevitability of having to change a diaper. This
amendment will make it a little bit easier. So this is just a very
thoughtful, practical pro-family amendment, and I encourage all of our
colleagues to vote ``yes.''
Mr. CICILLINE. Mr. Chair, I yield to the gentleman from Kansas (Mr.
Yoder).
Mr. YODER. Mr. Chairman, I thank the gentleman from Rhode Island.
I, too, support the gentleman's efforts here, and, as a supporter of
the BABIES Act, last year, H.R. 5147, I am happy to report, because of
the language we included with the Architect of the Capitol last year,
they presented a plan, which they are going to move forward with, which
will install additional baby changing stations around campus, 54 of
which will be going into House Office Buildings.
And as a father of two little girls, I have used these changing
tables myself in restrooms from time to time, as Mr. Ryan has. I know
he has got a young son. And so we know how important these are and how
families, when they need to make a change, they need to make a change.
They need to have a space to do that.
So we need to be family friendly here in the U.S. Capitol and in our
House Office Buildings, and so I thank the gentleman for raising this
important issue. It deserves attention. I will be happy to continue to
work with the gentleman, as well as the Architect of the Capitol, to
ensure that adequate number of changing stations are installed around
the Capitol complex for families, for the 9 million visitors that come
to this Capitol every year, that many of those have families with young
children, that they are able to, as well as the Members of Congress
like Mr. Ryan and ourselves and many others who have young children,
use these changing stations as well.
Mr. CICILLINE. Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR (Mr. Rodney Davis of Illinois). The question is on
the amendment offered by the gentleman from Rhode Island (Mr.
Cicilline).
The amendment was agreed to.

Amendment No. 7 Offered by Mr. Takano

The Acting CHAIR. It is now in order to consider amendment No. 7
printed in House Report 115-259.
Mr. TAKANO. Mr. Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

At the end of division B (before the short title), insert
the following:
Sec. ___. There is appropriated, for salaries and expenses
of the Office of Technology Assessment as authorized by the
Technology Assessment Act of 1972 (2 U.S.C. 471 et seq.)
$2,500,000, to be derived from a reduction of $2,647,000 in
the amount provided in this Act for the item for ``Architect
of the Capitol, Capital Construction and Operations''.

The Acting CHAIR. Pursuant to House Resolution 473, the gentleman
from California (Mr. Takano) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from California.
Mr. TAKANO. Mr. Chair, I yield myself such time as I may consume.
Mr. Chair, I rise today in support of my amendment, which would
restore funding to the Office of Technology Assessment, or otherwise
known as OTA. I would like to thank my cosponsors, Representatives
Esty, Foster, Langevin, Lieu, and Lujan.
The foundation for good policy is accurate and objective analysis,
and, for more than two decades, the OTA set that foundation by
providing relevant, unbiased technical and scientific assessments for
Members of Congress and staff.

[[Page H6416]]

But in 1995, the OTA was defunded, stripping Congress of a valuable
resource to understand both emerging technologies as well as the
nuances of the legislative process. In its absence, the need for OTA
has only grown. Many of the issues OTA studied 20 years ago are even
more pressing today.
Antibiotic resistant bacteria, electronic surveillance in the digital
age, and testing in America's schools, these are the complex challenges
our Nation will continue to face, and Congress should have access to
the thorough and insightful analysis OTA can provide.
Investing in the OTA now will actually save us money in the future.
In the last year it operated, the OTA's budget was $23 million, but its
studies on the synthetic fuels corporation saved taxpayers tens of
billions of dollars. Our amendment restores a modest $2.5 million to
the OTA account for salaries and expenses to begin rebuilding the
office.
The cost is offset by a reduction to the Architect of the Capitol's
construction and operations account. This administrative account will
not take resources from specific construction projects.
Mr. Chair, a great surgeon does not operate without modern tools, a
master chef does not cook without fresh ingredients, and Members of
Congress should not make policy decisions without relevant and unbiased
information.
And with that in mind, I urge my colleagues to vote ``yes'' on this
amendment, to restore funding to the Office of Technology Assessment.
Mr. Chair, I reserve the balance of my time.
Mr. YODER. Mr. Chairman, I rise in opposition to the amendment.
The Acting CHAIR (Mr. Perry). The gentleman from Kansas is recognized
for 5 minutes.
Mr. YODER. Mr. Chairman, I appreciate my good friend and colleague
and co-chair of the Deaf Caucus, Mr. Takano from California, for
bringing this amendment, and unfortunately, I cannot support it, Mr.
Chairman, and we would ask that the body reject it.
You know, Congress terminated funding for the Office of Technology
Assessment in 1995, so some 22 years ago, but it is back from the dead
to be here on the floor today to be reestablished.
At one point, funding totaled over $20 million for the Office of
Technology Assessment, but Congress did one of the things it has
attempted to do in many areas, which is try to consolidate government,
make government more efficient, make it do more with less, and so they
transferred the functions from the Office of Technology Assessment over
to the GAO.
We have heard debate on this floor within the last hour about the
value of the GAO and the great work they do and how the GAO is a
trustworthy organization and how it is important that we continue to
fund them, yet, in this instance, they want to take these
responsibilities away from the GAO.
In fact, in fiscal year 2008, a permanent technology assessment
function within the GAO was established by a recommendation from the
Senate Committee on Appropriations. They allocate at least $2.5 million
per year to technology assessment, and they have established the
capability to produce technology assessments in many areas.
They have hired scientists, engineers, and other technical
specialists to respond to congressional requests. They produce three to
four technology assessment reports each year. The GAO uses its
technical staff to support other reports for Congress that have
technology implications, such as privacy and vulnerability of computer
components in cars.
The GAO receives three to four requests per year specifically for
technology assessments, and many others have a technology as an aspect.
They have been able to testify on these topics recently on the Zika
virus and on transfer of technologies developed with Federal research
funds to the marketplace. They provide thorough and balanced analysis
of critical technological innovations that affect our society, the
environment, and the economy.
And so creating another Federal agency that is going to require
additional resources and to have it offset from investment in capital
projects, to me, is the wrong direction. I think, in current law, we
have more than enough resources heading in this direction. Taxpayers
are counting on us to find ways to spend less money, to keep programs
efficient, and so the idea that we create a new agency that has been
gone for 20 years today and fund it for millions of dollars, to me, is
inconsistent with the values we all, I think, espouse about making
government more efficient, more effective.
Mr. Chairman, with that, I would oppose the amendment, and I yield
back the balance of my time.
Mr. TAKANO. Mr. Chairman, how much time do I have remaining?
The Acting CHAIR. The gentleman from California has 2\1/2\ minutes
remaining.
Mr. TAKANO. Mr. Chairman, I yield 2 minutes to the gentleman from
Illinois (Mr. Foster), a member of the Science Committee and also a
physicist.
Mr. FOSTER. Mr. Chair, I thank my friend from California (Mr. Takano)
and my colleagues, Representatives Esty, Langevin, Lieu, and Lujan for
cosponsoring this amendment.
Our amendment would provide $2.5 million to revive the Office of
Technology Assessment to provide Congress with unbiased, timely, and
nonpartisan reports on a wide range of issues in science and
technology.
This office is no less necessary today than when it was first started
in 1972, or when it was defunded in 1995. As technology continues to
advance at an increasingly rapid pace and our partisan divide seems to
grow deeper, Congress needs this now more than ever.
The OTA did important work in a number of areas, but I would like to
highlight just one of those areas in particular.
One of the last recommendations the OTA made was that the U.S. should
move rapidly to computerized health records and that standards should
be put in place to ensure what we now call interoperability.
Had we heeded this advice rather than defunding the OTA, we could
have saved hundreds of billions of dollars of taxpayer money and saved
hundreds of thousands of American lives by ensuring accurate, up-to-
date patient data that was accessible regardless of where the patient
turned up for care.
This also could have helped slow or prevent the opioid epidemic by
ensuring that patients would not be able to doctor shop to acquire
numerous opioid prescriptions.
While we cannot slow down the rapid pace of technology, we can give
our country back an important and proven tool.
So I urge my colleagues to join me in supporting this amendment to
restore this vital source of credible, nonpartisan scientific expertise
to the U.S. Congress.
Mr. TAKANO. Mr. Chair, I reiterate my support for the Office of
Technology Assessment. Congress does not suffer from a lack of
information, but it does suffer from a lack of trusted information to
help make wise policy decisions.
Today, we do need the Office of Technology Assessment more than ever.
I urge my colleagues to support this amendment.
Mr. Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from California (Mr. Takano).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. TAKANO. Mr. Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from California
will be postponed.

Amendment No. 8 Offered by Ms. Shea-Porter

The Acting CHAIR. It is now in order to consider amendment No. 8
printed in House Report 115-259.
Ms. SHEA-PORTER. Mr. Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

At the end of division B (before the short title), insert
the following:
Sec. ___. None of the funds made available in this Act may
be used to mail any mass mailing (as defined in subparagraph
(E) of section 3210(a)(6) of title 39, United States Code)
which is larger than 4\1/4\ inches high x 6 inches long x
0.016 inches thick.

The Acting CHAIR. Pursuant to House Resolution 473, the gentlewoman

[[Page H6417]]

from New Hampshire (Ms. Shea-Porter) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentlewoman from New Hampshire.
Ms. SHEA-PORTER. Mr. Chair, I yield myself such time as I may
consume.
Mr. Chair, my amendment is simple and straightforward. It would
change the way our official taxpayer-funded mass mailings to
constituents look by limiting the mailer to the size of a standard
postcard.
As Members of Congress, it is our job to set the standard for
responsible stewardship of taxpayer funds, and public resources should
not be spent on excessive campaign-style mailers.

{time} 1815

A significant part of our duties as elected representatives is to
keep our constituents informed about what we are doing in our offices.
I support mass mailings to our constituents, but we can keep them
informed by sending a simple postcard, without all of the glitz and
gloss.
Also, when official mail looks like campaign mailers, people are more
likely to toss it out, thereby defeating the very purpose of informing
our constituents. Our official mail should not look like campaign ads
or junk mail. Our constituents don't want large mailers. They just want
information. This amendment delivers.
Mr. Chairman, I reserve the balance of my time.
Mr. YODER. Mr. Chairman, I claim the time in opposition.
The Acting CHAIR. The gentleman from Kansas is recognized for 5
minutes.
Mr. YODER. Mr. Chairman, I rise in opposition to the gentlewoman from
New Hampshire's amendment on postcard sizes, primarily because this
issue has yet to go through any sort of process. We don't have
information on the floor to know how this would affect Member offices.
It has not gone through the Franking Commission or come before our
committee, so I don't think it is ready for consideration and debate.
Franked mailings of standard postcard size currently only account for
roughly 10 percent of the total franked mailings that Members send.
This amendment would prohibit Members from sending mass mailings on
their own letterhead. They wouldn't be able to send printed
newsletters, fliers, letters, or regular or large postcards, among
others.
I think it would really have a dramatic impact on the ability of
Members of Congress to communicate with their constituents. They
wouldn't be able to send them a letter or they wouldn't be able to send
them a newsletter.
I certainly am about saving money and about making government more
efficient, but this idea, I think, is not ready for prime time. I
appreciate my colleague from New Hampshire bringing it forward, but I
can't support it at this point, and I would oppose it.
Mr. Chairman, I yield as much time as he consume to the gentleman
from Illinois (Mr. Rodney Davis).
Mr. RODNEY DAVIS of Illinois. Mr. Chairman, the Franking Commission,
of which I am the chairman, is a bipartisan commission made up of an
equal number of members from both parties that approve all the franking
and mailing materials that go out. We were not contacted by the
gentlewoman from New Hampshire about this amendment, and that is one
reason I am opposed.
There are a number of reasons why I am opposed to the amendment, the
chief of which this amendment is going to negatively impact two very
large constituencies--people in rural America that I serve, and many of
us serve, and also areas where there is not ready access to electronic
communications. Many Americans who don't have access to electronic
communications will be the most affected by the fact that Members of
Congress cannot contact their constituents via mail.
By limiting how Members can communicate with their constituents,
Members may be more likely to make mistakes and violate the franking
rules. We want to make sure that the franking rules work. Currently,
postcards, communications that are 4\1/2\ by 6, the size mandated by
this amendment, as Chairman Yoder said, make up only 10 percent of all
postal mail communications.
This amendment would severely limit what many Members, both
Republicans and Democrats, are able to do. By reducing the size of any
mailer to a postcard, Members of Congress of both parties wouldn't even
be able to communicate via letterhead in a mass mailing, so this is an
amendment that I oppose.
Mr. YODER. Mr. Chairman, I reserve the balance of my time.
Ms. SHEA-PORTER. Mr. Chairman, while I certainly appreciate my
colleagues' opinions on this and I recognize that it is not a perfect
solution, I don't think that this is a surprise.
We certainly have heard from our constituents, pretty much every
election cycle, when they start talking about all the mass mailings
they are receiving, with many pictures and lots of ideas about what has
been accomplished by the incumbent in office. It has been around for a
while. Like I said, I do appreciate it, but they are still able to mail
directly to a response from their colleagues or from any of their
constituents.
The reality is that most people are not looking at just a postcard in
this world. They do look online. I understand what you are talking
about. I have rural areas as well. They look online. Also, they can
receive a number of other correspondence from us. It does not in any
way impact the correspondence when they write to us.
Mr. Chairman, I yield back the balance of my time.
Mr. YODER. Mr. Chairman, I yield as much time as he may consume to
the gentleman from Illinois (Mr. Rodney Davis).
Mr. RODNEY DAVIS of Illinois. Mr. Chairman, again, I wish our
colleague would have gone through the process. If she would come to the
Franking Commission, we would be glad to take her ideas into
consideration.
But this amendment severely limits the ability of Members of Congress
to reach out to their constituents. Members would not be able to send a
mailer on official letterhead. Members who budgeted their funds wisely
and printed postcards that they then send to their Members that might
not fit this size would be a waste of taxpayer dollars because they
would not be able to use those.
Also, under this amendment, many end-of-the-year communications that
my colleague has sent from her office herself would not be eligible
under this amendment right now.
So let's make sure that we have a discussion at the Franking
Commission level. We would enjoy debating this issue with Members,
Republicans and Democrats, who equally make up the Franking Commission.
We would like to take your concerns into consideration, but give us a
chance to do that. I urge my colleague to do that in the future.
Mr. Chairman, again, I oppose this amendment.
Mr. YODER. Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from New Hampshire (Ms. Shea-Porter).
The amendment was rejected.

Amendment No. 9 Offered by Mr. Russell

The Acting CHAIR. It is now in order to consider amendment No. 9
printed in House Report 115-259.
Mr. RUSSELL. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

At the end of division B (before the short title), insert
the following:
Sec. ___. None of the funds made available by this Act may
be used to deliver a printed copy of the Federal Register to
the office of a Member of the House of Representatives
(including a Delegate or Resident Commissioner to the
Congress), unless a printed copy is requested by the Member
(or Delegate or Resident Commissioner).

The Acting CHAIR. Pursuant to House Resolution 473, the gentleman
from Oklahoma (Mr. Russell) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Oklahoma.
Mr. RUSSELL. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, this amendment, which restructures the way the Federal
Register is distributed to Members' offices, will save approximately $1
million annually.

[[Page H6418]]

The Federal Register contains a large amount of information,
including proposed rules and public notices, regulations, executive
orders, and Presidential documents. This information is compiled by the
great folks at the National Archives, and published daily by the
Government Printing Office, or the GPO.
Since 1994, the GPO began publishing the Federal Register online. To
improve the user experience, the digital version has been enhanced over
time and is now fully searchable and downloadable, and is the preferred
method that staff and Members use the Register, making for quick access
to any document.
Sadly, despite these advances in technology, Members of Congress
still receive printed copies of the Federal Register every day. This
results in thousands of copies going directly into the trash, costing
taxpayers $1 million annually. Put another way, Mr. Chairman, this
means that approximately 96 Americans have to work all year long and
pay their taxes so that we can put these Federal Registers in the
trash.
This amendment simply prevents the distribution of printed copies to
Members' offices, unless the Member opts in to receiving a copy.
Digital copies are already daily distributed.
This amendment is in line with H.R. 195, a bill I introduced, which
passed this House unanimously without any opposition, and was
cosponsored by Mr. Connolly of Virginia.
Mr. Chairman, I urge my colleagues to support this amendment so that
we can now make it law.
Mr. Chairman, I reserve the balance of my time.
Mr. YODER. Mr. Chairman, I ask unanimous consent to claim the time in
opposition, although I am not opposed to the amendment.
The Acting CHAIR (Mr. Rodney Davis of Illinois). Is there objection
to the request of the gentleman from Kansas?
There was no objection.
The Acting CHAIR. The gentleman from Kansas is recognized for 5
minutes.
Mr. YODER. Mr. Chairman, I thank my colleague from Oklahoma (Mr.
Russell) for continuing the tradition that he and others, particularly
in Oklahoma, for some reason, have focused on cutting out government
waste, finding sometimes small things, sometimes big things, and all
things in between that we can reduce, cut, or eliminate that saves
taxpayers' money.
Mr. Chair, $1 million is big money in States like Kansas and Oklahoma
and across the country. It is real dollars to the people who get up and
pay their taxes to this country. There are too many million-dollar
expenditures that happen in this government that are overlooked and
unnecessary because they are not maybe big enough for folks here to
take time to pay attention to.
What Mr. Russell is doing today is standing up for fiscal
responsibility, for efficiency of government, and for helping the
environment. This is wasted printed paper that is unnecessary. I think
it is a good government measure that will help modernize and make our
government more efficient and effective.
It is consistent with what this House has already done when it passed
H.R. 195 earlier, which bars the distribution of the Federal Register
to congressional offices and Federal agencies. That is in the Senate
being marked up, maybe even today.
This is a smart amendment. It is the kind of thing that we need to
keep doing more of to save money for taxpayers.
Mr. Chairman, I thank Mr. Russell for his work, and I ask my
colleagues to support the amendment.
Mr. Chairman, I yield back the balance of my time.
Mr. RUSSELL. Mr. Chairman, I appreciate my colleague from Kansas for
his kind remarks. I also appreciate the colleagues from the other side
of the aisle who have shown continued support for this amendment.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Oklahoma (Mr. Russell).
The amendment was agreed to.
The Acting CHAIR. It is now in order to consider amendment No. 10
printed in House Report 115-259.

Amendment No. 11 Offered by Mr. Bergman

The Acting CHAIR. It is now in order to consider amendment No. 11
printed in House Report 115-259.
Mr. BERGMAN. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 219, line 16, after the dollar amount, insert
``(decreased by $30,000,000)''.
Page 226, line 1, after the dollar amount, insert
``(increased by $30,000,000)''.
Page 226, line 8, after the dollar amount, insert
``(increased by $30,000,000)''.

The Acting CHAIR. Pursuant to House Resolution 473, the gentleman
from Michigan (Mr. Bergman) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Michigan.
Mr. BERGMAN. Mr. Chairman, advances in technology have given us the
opportunity to increase access and streamline processes for veterans
not only in the First District and across Michigan, but across the
country. That said, we must ensure that technology is an asset and not
an added burden to veterans, as it has been within the VA.
The Department of Veterans Affairs IT landscape has been the primary
topic of hearings within the House Veterans' Affairs Committee, due to
its ever-expanding modernization timeline for outdated systems and lack
of interoperability within and outside the Department.
The solution is undisputed. The VA must modernize its IT systems or
continue to face uphill struggles in timely claims and appeals
processing, community care, scheduling, and financial management.
Earlier this week, the House Veterans' Affairs Committee received an
update from Secretary Shulkin that shows a continued lack of planning
and implementation of its data center optimization program, an issue
which was initially pointed out by the GAO during a hearing back in
February.
With all this in mind, I was understandably troubled when I saw the
underlying bill provided $52 million less for IT development and
modernization than last year's appropriation.
I understand that cuts need to be made, and that this bill aims to
address other issues plaguing the VA, but it is imperative I make this
point to the chairman and the ranking member.
Our veterans deserve immediate access to care and timely adjudication
of their disability claims from an efficient, effective Department of
Veterans Affairs. This simply cannot happen until the VA addresses the
woeful state of its IT systems.
I ask that the chairman, the ranking member, and the rest of the
House Veterans' Affairs Committee work with me to address this issue
going forward.
Mr. Chairman, I yield back the balance of my time, and I withdraw my
amendment.
The Acting CHAIR. The amendment is withdrawn.

{time} 1830

Mr. DENT. Mr. Chair, as the designee of the gentleman from New Jersey
(Mr. Frelinghuysen), I move to strike the last word.
The Acting CHAIR. The gentleman from Pennsylvania is recognized for 5
minutes.
Mr. DENT. Mr. Chair, I yield to the gentleman from Wisconsin (Mr.
Pocan).
Mr. POCAN. Mr. Chair, I have a question for the chairman of the
MILCON Committee about the language in his committee report regarding
colorectal cancer screening in the VA.
Mr. Chairman, in his report, Mr. Dent encourages the VA to increase
colorectal cancer screening in the Department of Veterans Affairs. In
the other body, they have language that directs the VA to offer each
one of the seven approaches for screening that are currently approved
by the United States Preventive Services Task Force and are more
closely aligned with other Federal health programs.
Can I assume that the intention is the same and the efforts are aimed
at urging the VA to offer all of the approved methods of screening?
Mr. DENT. Mr. Chair, the gentleman from Wisconsin is correct. It is
our intention to urge the VA to offer all of the approved methods of
screening.
Mr. POCAN. Mr. Chair, I thank the gentleman for that clarification.

[[Page H6419]]

Mr. DENT. I yield back the balance of my time.

Amendments En Bloc No. 1 Offered by Mr. Dent of Pennsylvania

Mr. DENT. Mr. Chairman, pursuant to section 3 of House Resolution
473, as the designee of the gentleman from New Jersey (Mr.
Frelinghuysen), I offer amendments en bloc.
The Acting CHAIR. The Clerk will designate the amendments en bloc.
Amendments en bloc No. 1 consisting of amendment Nos. 12, 14, 15, 16,
17, 18, 22, 25, and 26 printed in House Report 115-259, offered by Mr.
Dent of Pennsylvania:

Amendment No. 12 Offered by Mr. Barr of Kentucky

Page 219, line 16, after the dollar amount insert the
following: ``(increased by $5,000,000)''.
Page 225, line 6, after the dollar amount insert the
following: ``(reduced by $5,000,000)''.

Amendment No. 14 Offered by Mr. Kihuen of Nevada

Page 220, line 22, after the dollar amount, insert
``(reduced by $1,031,808,000) (increased by
$1,031,808,000)''.

Amendment No. 15 Offered by Mr. Beyer of Virginia

Page 220, line 22, after the dollar amount, insert
``(reduced by $2,500,000) (increased by $2,500,000)''.

Amendment No. 16 Offered by Ms. Michelle Lujan Grisham of New Mexico

Page 220, line 22, after the dollar amount, insert
``(reduced by $2,000,000) (increased by $2,000,000)''.

Amendment No. 17 Offered by Mr. Norcross of New Jersey

Page 220, line 22, after the dollar amount, insert
``(reduced by $5,000,000) (increased by $5,000,000)''.

Amendment No. 18 Offered by Mr. Keating of Massachusetts

Page 221, line 25, after the dollar amount insert the
following: ``(reduced by $5,000,000) (increased by
$5,000,000)''.

Amendment No. 22 Offered by Ms. Jackson Lee of Texas

At the end of division C (before the short title), insert
the following:
Sec. __. The amounts otherwise provided by this Act are
revised by reducing the amount made available for
``Department of Veterans Affairs--Departmental
Administration--Information Technology Services'' (and the
amount specified under such heading for operations and
maintenance), and by increasing the amount made available in
fiscal year 2018 for ``Veterans Health Administration--
Medical Services'', by $2,500,000 and $2,000,000,
respectively.

Amendment No. 25 Offered by Ms. Jackson Lee of Texas

At the end of division C (before the short title), insert
the following:
Sec. __. None of the funds made available by this Act may
be used by the Secretary of Veterans Affairs in contravention
of subchapter III of chapter 20 of title 38, United States
Code.

Amendment No. 26 Offered by Mr. Connolly of Virginia

At the end of division C (before the short title), insert
the following:
Sec. __. None of the funds made available by this Act may
be used to charge a veteran a fee for a veterans
identification card pursuant to section 5706(c) of title 38,
United States Code, if the veteran uses form DD-214 to apply
for the identification card and indicates on the form that
the veteran is ``homeless''.

The Acting CHAIR. Pursuant to House Resolution 473, the gentleman
from Pennsylvania (Mr. Dent) and the gentlewoman from Florida (Ms.
Wasserman Schultz) each will control 10 minutes.
The Chair recognizes the gentleman from Pennsylvania.
Mr. DENT. Mr. Chair, these amendments have been made in order by the
rule allowing consideration of H.R. 3219, and their inclusion in the en
bloc has been agreed to by both sides.
I support the adoption of the en bloc package, and I reserve the
balance of my time.
Ms. WASSERMAN SCHULTZ. Mr. Chair, I rise in support of this amendment
and support the en bloc amendments. I appreciate the chairman's
inclusion of amendments from Democratic Members.
The amendments included range from therapy grants to combating opioid
abuse. These amendments will deliver better care to our veterans.
The minority has no objection to this amendment, and I urge a ``yes''
vote on the en bloc amendment.
Mr. Chair, I reserve the balance of my time.
Mr. DENT. Mr. Chair, I have no further speakers on the amendments en
bloc, and I yield back the balance of my time.
Ms. WASSERMAN SCHULTZ. Mr. Chair, I yield 2 minutes to the gentleman
from Virginia (Mr. Beyer).
Mr. BEYER. Mr. Chair, my amendment would direct the Vet Centers to
use $2.5 million of the additional funding allocated in the underlying
bill to provide outdoor experiences for veterans as part of their
continuum of care. This program would support veterans in developing a
community of support to treat combat-related injuries, especially those
related to their behavioral health.
The Vet Centers are uniquely positioned for the collaboration and
development of alternative and supplemental approaches. We know that
traditional mental health services are underutilized by veterans, but a
2014 University of Texas study found that, after just a one-week-long
Outward Bound veterans wilderness expedition, those veterans who
participated showed clinically significant improvements in mental
health variables like sense of social connection and attitudes towards
seeking psychological help. They also showed important decreases in
depression and anxiety.
The Senate Appropriations Committee has already included the same
language in their version of the MILCON-Veterans Administration
Appropriations bill.
Mr. Chair, I encourage my colleagues to support this amendment. I am
very grateful to the chairman of the subcommittee for including this in
the en bloc amendments because it will enable Vet Centers to explore
alternative avenues for engaging veterans in a supportive environment
to help with both mental health and readjustment to civilian life.
Ms. WASSERMAN SCHULTZ. Mr. Chairman, I yield 1 minute to the
gentleman from New Jersey (Mr. Norcross).
Mr. NORCROSS. Mr. Chair, I thank the gentlewoman from Florida (Ms.
Wasserman Schultz) for yielding and to my colleagues for including this
amendment en bloc.
Mr. Chair, this amendment addresses the ongoing and, unfortunately,
growing opioid epidemic in our communities. There are 60,000 overdose
deaths each year.
I am vice chair of the Bipartisan Task Force to Combat the Heroin
Epidemic. We are looking for ways to address this issue. It is a
complex issue, and we want to take a variety of actions to help those
suffering from the disease of addiction.
Veterans with post-traumatic stress disorder, PTSD, are at increased
risk of abusing opioids according to the AMA, the American Medical
Association. Many brave men and women who serve come back with what is
described as invisible wounds. We know they are not invisible. We see
it every day. I have spoken to those veterans who live in my community
who suffer from PTSD and, unfortunately, from the disease of addiction.
My amendment would set aside $5 million for the National Center for
PTSD to study the connection between addiction and PTSD. Our veterans
are suffering, and this investment will help them. Let's get to the
bottom of the connection between PTSD and opioid abuse. It is a simple
but necessary way to address the epidemic.
Ms. WASSERMAN SCHULTZ. Mr. Chair, I yield 1\1/2\ minutes to the
gentleman from Nevada (Mr. Kihuen), who has been a passionate advocate
to improve services to his rural communities.
Mr. KIHUEN. Mr. Chair, I thank the ranking member and the chairman
for accepting my amendment.
Mr. Chairman, veterans have made an incredible sacrifice for our
country, and they deserve the highest quality treatment and care when
they return to their civilian lives.
The Department of Veterans Affairs has the obligation to provide
critical services to veterans and ensure that America's veterans have
access to high-quality and affordable healthcare in their communities.
Recently, the VA decided not to renew its contract with the Ely
Community Clinic in my district, and it is forcing veterans in Ely and
the surrounding communities to rely solely on the Choice Program to
access care.
We owe it to our veterans not to use the Choice Program as a crutch,
but to make the proper investment in the healthcare of our veterans and
the healthcare that they deserve. Veterans

[[Page H6420]]

have already fought for their country. They shouldn't have to fight to
keep their VA clinic in Ely.
The intention behind my amendment is to remind the VA that they have
the responsibility to continue operating the healthcare clinic in Ely,
Nevada, and to emphasize the importance of continuing to provide care
in rural communities across the country.
The Choice Program was not intended to allow the VA to shirk its
responsibility for certain veterans; instead, it was supposed to help
veterans who have nowhere else to turn.
I was sent to Congress by the people of the Fourth Congressional
District to fight for Nevada's veterans, and I will continue fighting
to ensure that veterans in rural Nevada and communities across the
country do not lose access to the VA and make sure that they receive
the healthcare that they have earned and deserve.
Ms. WASSERMAN SCHULTZ. Mr. Chair, I yield back the balance of my
time.
Ms. JACKSON LEE. Mr. Chair, thank you for this opportunity to briefly
explain Jackson Lee Amendment No. 22.
Before I begin, let me express my appreciation and thanks to my good
friends, Chairman Dent and Ranking Member Wasserman Schultz for their
hard and constructive work in shepherding this important legislation to
the floor.
Chairman Dent and I worked together constructively for many years on
the Homeland Security Committee and he has always distinguished himself
as one of the most bipartisan members of the House.
And Ranking Member Wasserman Schultz has for years been one of the
ablest Members of this body; I thank them both for their commitment to
the important work of ensuring that our veterans receive the care and
support they have earned from a grateful nation.
Jackson Lee Amendment No. 22 makes a modest but important improvement
to the bill by increasing the amount of funding for the ``Supportive
Services for Veterans' Families'' account by $2 million, offset by a
reduction of $2.5 million to the $4 billion allocated to the VA's
``Information Technology Systems'' account.
Today, in our country, there are approximately 107,000 veterans (male
and female) who are homeless on any given night.
And perhaps twice as many (200,000) experience homelessness at some
point during the course of a year.
The VA's ``Supportive Services for Veterans' Families'' Program helps
veterans; and their families, who may have fallen on hard times or hit
a rough patch in life and need a little help from the country they
selflessly risked their life to defend.
Homeless veterans or veterans facing homelessness who have minor age
children are in need of special programs that allow for housing that
welcomes children.
Jackson Lee Amendment No. 22 will enable this vital program to serve
more veterans' families in need of help by providing a bit more funding
for grants to private non-profit organizations and consumer
cooperatives that provide supportive services to very low-income
veteran families living in or transitioning to permanent housing.
The SSVF Program ensures that eligible veteran families receive the
outreach, case management, and assistance in obtaining VA and other
benefits.
These services may include health care, daily living, legal services,
fiduciary and payee services, personal financial planning, child care,
transportation, housing counseling.
The SSVF Program enables VA staff and local homeless service
providers to work together to effectively address the unique challenges
that make it difficult for some veterans and their families to remain
stably housed.
Many homeless veterans, including in my own state of Texas, lack
housing because they lost their job or could no longer afford rent;
many suffer from an untreated mental illness that keeps them from
working.
Every day the SSVF program makes a real difference in the lives of
real people.
Veterans like the Air Force veteran who, hoping to utilize the skills
he learned in the service, instead bounced from job to job after being
discharged and found himself sleeping at night on the cold cement under
a bridge in Chicago.
Through the Thresholds Veterans Project, funded through the SSVF,
this hero received steady community service support and eventually was
placed in his own studio apartment.
He now says, in his own words: ``I have a home. I enjoy bein'
inside.''
Veterans like the one in Texas who because he lost his job at a
manufacturing plant and was unable to pay the bills, was forced to seek
shelter for himself and his family at a homeless shelter.
Fortunately, the homeless shelter was a SSVF grantee and was able to
assist the veteran obtain employment and his family in securing
affordable low-cost housing.
There are thousands of similar success stories made possible by the
SSVF Program that I could share but all of them share a common theme:
they involve veterans who served their country proudly, fell down on
their luck, picked themselves back up, and found affordable and
sustainable housing for their families because of the assistance and
support made possible by the SSVF program.
Ensuring that veterans have a place of their own to call home is the
very least we can do.
I urge my colleagues to support the Jackson Lee Amendment and commit
ourselves to the hard but necessary work of ending veteran homelessness
in America.
I urge my colleagues to support Jackson Lee Amendment No. 22.

``Heroism Knows no Gender''

Liz (Names and some identifying information have been
changed to protect confidentiality) is an Army Veteran and a
single mom. After losing her job, she struggled to pay the
rent and provide for her daughter. Liz's landlord said she
had always been an excellent tenant but his patience was
wearing thin as her rent arrears continued to increase.
Disheartened with a fruitless job search and unsure of where
else to turn, Liz came to the Veterans Outreach Center (VOC).
She was immediately connected with a Case Manager, an
Employment Specialist, an Accredited State Veterans Benefits
Counselor, and the SSVF team.
In order to avoid the immediate crisis of homelessness, the
Services To Enable Positive Solutions (S.T.E.P.S) program at
the VOC paid Liz's rent arrears, which had escalated to an
amount that was insurmountable. Within a few short days of
connecting with the team at VOC, Liz had a job interview that
resulted in full-time, meaningful employment. In less than a
week, she had a benefits review with an on-site counselor
from the New York State Division of Veterans Affairs during
which she applied for an increase in disability compensation.
The payment of Liz's back rent allowed her and her daughter
to keep a roof over their head. With a roof over their heads
and their living situation stabilized, Liz was able to focus
on her employment and securing her benefits, which are both
components of an Individual Development Plan (IDP) that will
help Liz sustain permanent housing in the future.
The VOC was able to stabilize Liz and her daughter while
concurrently providing the supportive services necessary for
her to maintain permanent housing. The temporary financial
assistance was delivered to the landlord in a timely,
efficient manner with the help of a S.T.E.P.S collaborative
partner. Through coordinated case management, the
aforementioned supportive services were provided quickly and
effectively. The longterm result of this effort is yet to be
determined, but at the 90-day benchmark, Liz has retained
both her job and her home. She has realized this goal
independently, without requesting any additional financial
assistance. Consequently, the VOC was able to better the
lives of a mom (a Veteran) and her child immeasurably through
SSVF funding.

``Your Unselfish Helping Hand Gave Us Hope''

Mariano Salas and his family were the first clients to
participate in Community Psychiatric Clinic's (CPC) SSVF
program. Both Mariano and his wife had lost their jobs and
they and their young daughter were facing homelessness. The
SSVF program secured their housing and helped stabilize their
lives. Here is Mariano's story in his own words:
``I was on the brink of giving up completely. But
truthfully one thing I can say, no words express enough our
sincerest gratitude to you in assisting my family and I
during a very difficult hardship. Desperation, fear and
depression were daily emotions upon my family. But with your
unselfish helping hand, you gave us hope, peace, and great
big smiles on our faces. Your untiring assistance has given
us tremendous hope for a better future. SSVF gave us a boost
as we are working so hard to get decent paying jobs to
support our family and put food on our table. Today, instead
of focusing all our energies on fear of being homeless, we
are focusing our energy on securing a stable job and to
become self-sufficient. My wife is working now and I have
interviews lined up so we can support ourselves and manage
our daily living expenses. I am privileged and honored to
have been served by SSVF. Thank you SSVF and GOD BLESS YOU
ALL.''
With deepest gratitude,
Mariano Salas

Mr. Chair, thank you for this opportunity to explain describe Jackson
Lee Amendment No. 25, which simply provides that:
``None of the funds made available by this Act for the Department of
Veteran Affairs--Benefits for Homeless Veterans and Training and
Outreach Programs may be used in contravention of the title 38, Part
II, Chapter 20, Subchapter II and III of the U.S. Code.
This amendment will help ensure that the rate of homelessness among
veterans in the United States does not increase.
I thank Subcommittee Chairman Dent and Ranking Member Wasserman
Schultz for their hard work in shepherding this important legislation
to the floor.
I offer Jackson Lee Amendment No. 25 because I believe reducing and
eliminating

[[Page H6421]]

homelessness among veterans, those who risked their lives to protect
our freedom, should also be one of the nation's highest priorities.
Homelessness among the American veteran population is on the rise in
the United States and we must be proactive in giving back to those who
have given so much to us.
Jackson Lee Amendment No. 25 will help remind us of our obligation to
provide our veterans the assistance needed to avoid homelessness, which
includes adequately funding for programs Veterans Administration
Supportive Housing (VASH) that provide case-management services,
adequate housing facilities, mental health support, and address other
areas that contribute to veteran homelessness.
VASH is a jointly-administered permanent supportive housing program
for disabled Veterans experiencing homelessness in which VA medical
Centers provide referrals and case management while Public Housing
Agencies (PHAs) administer the Section 8 housing vouchers.
Mr. Chair, our veterans deserve the best services available, and I
believe that we could be doing much more for them.
Today, in our country, there are approximately 107,000 veterans (male
and female) who are homeless on any given night.
And perhaps twice as many (200,000) experience homelessness at some
point during the course of a year.
Many other veterans are considered near homeless or at risk because
of their poverty, lack of support from family and friends, and dismal
living conditions in cheap hotels or in overcrowded or substandard
housing.
While significant progress has been made, ending homelessness among
veterans remains a big challenge.
In my hometown of Houston for example, between the years 2010 and
2012, the number of homeless veterans increased from 771 to 1,162.
We must remain vigilant and continue to fight for those who put on
the uniform and fought for us.
Providing a home for veterans to come home to every night is the very
least we can do.
Mr. Chair, programs like VASH have succeeded in changing lives.
In 2012 alone, 35,905 veterans lived in the public housing provided
by VASH.
I have seen the impact of such grants in my home state of Texas, and
within my congressional district in Houston, and I am sure that this
funding has positively impacted many communities across this country.
In Texas, there are committed groups in Houston, working to eradicate
the issue of homelessness.
For example, the Michael E. DeBakey VA Medical Center has been
involved in changing veterans' lives in a mighty way by providing
Veterans and their families with access to affordable housing and
medical services that will help them get back on their feet.
Mr. Chair, we cannot let this issue of homelessness continue.
I urge my colleagues to support Jackson Lee Amendment No. 25 and
commit ourselves to the hard but necessary work of ending veteran
homelessness in America.
The Acting CHAIR. The question is on the amendments en bloc offered
by the gentleman from Pennsylvania (Mr. Dent).
The en bloc amendments were agreed to.

Amendment No. 13 Offered by Mr. Al Green of Texas

The Acting CHAIR. It is now in order to consider amendment No. 13
printed in House Report 115-259.
Mr. AL GREEN of Texas. Mr. Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 220, line 22, after the dollar amount insert the
following: ``(increased by $70,000,000)''.
Page 225, line 6, after the dollar amount insert the
following: ``(reduced by $70,000,000)''.

The Acting CHAIR. Pursuant to House Resolution 473, the gentleman
from Texas (Mr. Al Green) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Texas.
Mr. AL GREEN of Texas. Mr. Chairman, I will be withdrawing my
amendment, but I do desire to make some points.
I am grateful to the chairperson of the committee and the ranking
member as well. I know them to be admirable persons who desire to do
the very best for our veterans.
I would like to state, Mr. Chairman, that we have many people who are
on the front line of democracy. These are the people who go to distant
places, and a good many of them don't always return the same way they
left, and, Mr. Chairman, as a result of this, they need special
attention. They need medical attention.
We have a circumstance in our country that breaks the hearts of a
good many Americans each and every day when they see persons standing
on the streets with signs indicating that they are veterans and that
they need help. Mr. Chairman, what we propose to do with this amendment
is to provide that additional help that they need.
This amendment would accord an additional $70 million to medical
services for homeless veterans, the veterans that we see living in the
streets of life, the veterans who are appealing to us for help. A good
many of them need help that goes beyond something that is physically
wrong with them. A good many of them may need some help because of some
mental illness that they may have.
Mr. Chairman, in Texas, we have, on any given night, about 1,768
veterans who are living on the streets. According to the VA, about
40,000 veterans were homeless on a single night in January of 2016.
This is a decrease from where we have been.
The decline is admirable and we ought not overlook the decline, but
my belief is we can still do better and we can still help those who are
in need of some services. So this amendment would accord the $70
million and bring us back to our 2017 levels.
Mr. Chair, I would ask that the chairperson and the ranking member
please understand that my desire is to be of service to our veterans.
Mr. Chairman, if I may engage in a colloquy at this time. You have
heard my appeal. My hope is that Congressman Dent and I might be able
to work together to do what we can to enhance the services that are
needed to provide medical attention for homeless veterans. I am sure
that Congressman Dent has seen the evidence of it, and the empirical
evidence is available for us to review if we would like to, but I would
like as much assistance as we can get.
Mr. DENT. Will the gentleman yield?
Mr. AL GREEN of Texas. I yield to the gentleman from Pennsylvania.
Mr. DENT. Mr. Chair, I thank the gentleman for his genuine concern
and thoughtfulness with respect to veterans' homelessness. It is indeed
a very severe problem. I do look forward to working with him on this
issue, but I also want to mention that I think our bill does respond
quite admirably in many ways to the homelessness challenge.
We support more than $7.3 billion in medical care, housing, social
service, and job training assistance for homeless veterans, and that is
about $197 million more this year than in fiscal year 2017 and almost
$450 million more than 2 years ago. But Congressman Green is correct
that we can always do more and that this challenge continues to plague
us. We have made great progress in this country, but I pledge to work
with Mr. Green on this issue.
Mr. AL GREEN. Mr. Chair, I thank Chairman Dent.
And if I may just say to the ranking member on our side, I greatly
appreciate Congresswoman Wasserman Schultz having helped us to bring
this to the floor to this extent, and I look forward to working with
her as well.
Mr. Chair, the need to help people who are willing to give it all for
us is something that we can never overlook, and I am grateful.
Mr. Chair, I yield back the balance of my time, and I withdraw my
amendment.
The Acting CHAIR. The amendment is withdrawn.
Ms. WASSERMAN SCHULTZ. Mr. Chairman, as the designee of Ranking
Member Lowey, I move to strike the last word.
The Acting CHAIR. The gentlewoman from Florida is recognized for 5
minutes.
Ms. WASSERMAN SCHULTZ. Mr. Chairman, President Trump, the ``Commander
in Tweet,'' tweeted this morning announcing a ban on transgender
military service, which was a completely baseless and hateful assault
on transgender Americans. Make no mistake: this was not just a midnight
tweet. This was a statement of this administration's discriminatory
policies and a step backwards for our Nation.

[[Page H6422]]

While the President tweeted that his decision came after consulting,
supposedly, with our Nation's top generals, that was apparently news to
them, as it was met with utter surprise and silence from Pentagon
leaders.

{time} 1845

Additionally, the President may want to speak to his VA Secretary, as
the VA has unequivocally stated VA's policy has not changed. The VA
provides care, benefits, and other VA services to all veterans,
including transgender veterans.
The President's policy reversal comes after our military has
undertaken a measured and thoughtful process to make our military open
to LGBT Americans to serve their Nation with pride and patriotism. This
thoughtful process included the successful repeal of Don't Ask, Don't
Tell, which had the support of civilian and military defense leaders
and an overwhelming number of Americans.
Unlike the President's tweets, the decision to make our military more
open was not made rashly or with the intention to discriminate.
With over 6,000 transgender Americans serving on Active Duty, in the
National Guard, and in our Reserve forces, it would be reckless,
dangerous, and cruel to remove brave servicemembers from their critical
roles protecting the American people. It is reckless and dangerous to
immediately leave vacant positions that are so vital to our national
security.
It would be cruel to perniciously discharge these servicemembers less
than honorably, an act that could gravely impact whether they are
eligible for VA benefits.
Time and again, we see the dramatic and unintended consequences of
this President's thoughtless actions.
As we fight for an open military, we will also fight to provide the
proper care and resources to the over 130,000 transgender veterans that
fought to defend this Nation.
Additionally, whatever my colleagues on the other side of the aisle
may say, this decision was not based on a financial cost-benefit
analysis.
Allowing transgender people to serve in the military would raise
defense health spending by less than 0.1 percent annually, including
funds for gender reassignment surgeries. That is just $2.4 million to
$8.4 million.
In comparison, just so we are illustrative, the Pentagon spends
$84.24 million annually on erectile dysfunction prescriptions. Of that,
$41.6 million was specifically spent on Viagra.
Moreover, research has shown that greater inclusion has little or no
impact on unit cohesion, operational effectiveness, or readiness. In
fact, commanders have noted that these policies benefited all
servicemembers by creating a more inclusive and diverse force.
Mr. Chairman, several things are clear:
This was not a decision based on fiscal responsibility.
This was not a decision based on military readiness.
This decision was apparently made to save the President's immoral,
irresponsible border wall, because some Republican Members threatened
to bring down the entire minibus appropriations bill that we are
debating here today over transgender medical treatment in the military.
This decision, at the end of the day, was based purely on bigotry and
hate, and it is one that we will vehemently oppose.
Mr. Chairman, I yield back the balance of my time.

Amendment No. 20 Offered by Mr. Ratcliffe

The Acting CHAIR (Mr. LaHood). It is now in order to consider
amendment No. 20 printed in House Report 115-259.
Mr. RATCLIFFE. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

At the end of division C (before the short title) insert
the following:
Sec. __. 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.

The Acting CHAIR. Pursuant to House Resolution 473, the gentleman
from Texas (Mr. Ratcliffe) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Texas.
Mr. RATCLIFFE. Mr. Chairman, I thank Chairman Dent and the ranking
member for their hard work on behalf of the 63,000 veterans in my
district, as well as servicemembers and veterans from all across the
country.
I am also grateful for the support of Congressman Shuster in offering
this amendment, an amendment which would simply prohibit any funds made
available in this division from being used to propose, plan for, or
execute a new or additional round of base realignment and closure, or
BRAC.
Mr. Chairman, I am honored to represent the Fourth Congressional
District of Texas, which is home to the Red River Army Depot. The Depot
has supported the warfighter since 1941. Although the Depot community
has weathered a lot of changes over the years, their commitment to
mission has always remained the same. On the placards inside each
vehicle there are the words: ``We build it as if our lives depend on
it. Theirs do.''
The Red River Army Depot is a vital job creator for northeast Texas
and my district, and it is a critical component to our national
defense. And as we continue our constitutional obligation to
appropriate money, we have to be careful stewards of taxpayer dollars,
and focus our limited resources on addressing the critical national
security objectives and military readiness.
Having another round of BRAC, Mr. Chairman, won't help us achieve
this goal. According to the Government Accountability Office, the last
round of BRAC in 2005 actually cost the American taxpayers $35.1
billion, which is 67 percent more than the original cost estimate. At
the same time, the expected savings from the last round of BRAC have
been reduced by 73 percent.
Starting another BRAC would weaken our capabilities, and it would
increase our vulnerability in the face of critical threats that face
this Nation right now.
I thank my colleagues who have supported this important amendment for
the past 2 years, and I look forward to having this amendment included
in this year's Military Construction and VA Appropriations bill.
Mr. DENT. Will the gentleman yield?
Mr. RATCLIFFE. I yield to the gentleman from Pennsylvania.
Mr. DENT. I just want to say for the Record that I appreciate the
gentleman's concern for his district. I am not going to oppose the
amendment, but I did want to say that, at some point, there will need
to be a BRAC. There is a lot of excess capacity in the Army and the Air
Force. But for fiscal year `18, I can accept this amendment, but down
the road I see the need.
Mr. RATCLIFFE. Mr. Chairman, I thank the chairman for accepting the
amendment, and I yield back the balance of my time.
Ms. WASSERMAN SCHULTZ. Mr. Chairman, I rise in opposition to the
amendment.
The Acting CHAIR. The gentlewoman from Florida is recognized for 5
minutes.
Ms. WASSERMAN SCHULTZ. Mr. Chairman, I, like many Members, have
concerns regarding another round of BRAC. I realize that this is a
complicated issue for all Members of Congress, especially those with
military facilities in their congressional districts.
I have had this conversation with my chairman, Mr. Dent, several
times. And while we both share the concerns of those Members with
military bases in their district and other military facilities, the
gentleman is right. We are going to need to address that we have
facilities all across the country that really need to be evaluated
because they are, essentially, maintaining infrastructure that is no
longer needed.
For example, the estimate of excess capacity for the Army is 22
percent. The Air Force's estimate of excess capacity is roughly 30
percent. Both the Army and the Air Force are strong supporters of
another BRAC round.
While this amendment really has no effect because we don't actually
have any funding in this bill for another BRAC round, it does send the
message that Congress is unwilling to tackle what is arguably a tough
issue.
This amendment would be, essentially, an abdication of our duties as
Members of this House to ensure that taxpayer resources are being used
in a wise and fiscally responsible way, and

[[Page H6423]]

that is something that we hear from our friends on the other side of
the aisle regularly.
And given that we have a very significant increase in the defense
appropriations bill, when we have resources that we are expending or,
essentially, wasting by not having a BRAC round, then we are,
essentially, leaving that money on the table when we could provide it
for our national defense.
So I urge my colleagues to oppose this amendment. And I recognize
that the chairman is willing to accept it, but we should underscore
that there are no funds in this bill for a round of BRAC, so,
essentially, the acceptance of this amendment adopts the same posture
that this bill already holds.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Texas (Mr. Ratcliffe).
The amendment was agreed to.

Amendment No. 21 Offered by Mr. Brat

The Acting CHAIR. It is now in order to consider amendment No. 21
printed in House Report 115-259.
Mr. BRAT. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

At the end of division C (before the short title) insert
the following:
Sec. __. (a) None of the funds appropriated or otherwise
made available by this Act may be used by the Secretary of
Veterans Affairs to purchase, breed, transport, house, feed,
maintain, dispose of, or experiment on dogs as part of the
conduct of any study assigned to pain category D or E, as
defined by the Department of Agriculture.
(b) This section shall not apply to training programs or
studies of service dogs described in section 1714 of title 38
United States Code or section 17.148 of title 38 of the Code
of Federal Regulations.

The Acting CHAIR. Pursuant to House Resolution 473, the gentleman
from Virginia (Mr. Brat) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Virginia.
Mr. BRAT. Mr. Chairman, I rise today in support of my amendment to
the bill, H.R. 3219.
I would like to thank Dina Titus, Ted Poe, Ro Khanna, Brian Mast, and
Ted Lieu for cosponsoring this amendment.
In short, my amendment will stop funding for painful dog experiments
at the VA. It also includes protections to ensure service dog training
programs can continue unencumbered so that veterans affected by
conditions from blindness to PTSD can receive the help they need.
My amendment combines three bipartisan issues: puppies, veterans, and
government accountability.
Earlier this year, when my wife Laura and I read the news report
about the VA's dog testing program at the Richmond VA Medical Center,
we were disturbed by the descriptions of the types of experiments
conducted on these puppies. From what I read, the type of work they
were doing was on the level of torture. In Richmond, this included
inducing heart attacks. At other labs, the VA was giving
methamphetamine to narcoleptic Dobermans.
My family had a Doberman, and he was part of our family years back. I
can't imagine conducting these tests on man's best friend.
I believe our veterans deserve to receive the highest quality of
healthcare. The Richmond VA Hospital is staffed by talented healthcare
professionals. However, the experiments being conducted at the Richmond
dog research lab have questionable medical benefit. The resources,
money, time, and space being used to conduct these experiments would be
better utilized to deliver high-quality healthcare to Richmond
veterans. The VA's first priority should be caring for our veterans.
A recent report by the VA Office of Research Oversight that was made
public by a FOIA request found widespread lapses in adhering to
protocol, failure to follow Federal animal welfare regulations, and the
lack of sufficient documentation to justify the severity of these
disturbing experiments. Federal taxpayer dollars are better spent
directly caring for our Nation's veterans.
Mr. Chairman, I urge my colleagues to support this amendment to
defund these harmful experiments on man's best friend.
Mr. POE of Texas. Will the gentleman yield?
Mr. BRAT. I yield to the gentleman from Texas.
Mr. POE of Texas. Mr. Chairman, I thank the gentleman for yielding
and for filing this amendment.
Mr. Chairman, the VA has been using taxpayer dollars to have
experiments on dogs. It is hard to believe that would occur in our
culture today.
I have had three Dalmatians over the years, and I know there are a
lot of other people who have dogs. They have service dogs that are used
by our vets and our agencies. And the thought that our Veterans
Administration would go ahead and torture dogs in the name of science
and experiments is not acceptable; it is just not.
If citizens committed these acts that the VA is committing on dogs,
under most laws, that would be animal cruelty. They could be prosecuted
and go to jail. But because it is the VA, because it is a government
agency, that doesn't apply.
But we do want the agency to stop torturing dogs in the name of
science. There are better ways that they can spend the money, better
ways they can figure out how to help our veterans besides taking
careless actions against, as my friend from Virginia said, man's best
friend. And if it's going to be man's best friend, maybe we shouldn't
be, or we should not be torturing those dogs for any reason. So I
support the amendment.
Ms. TITUS. Will the gentleman yield?
Mr. BRAT. I yield to the gentlewoman from Nevada.
Ms. TITUS. Mr. Chairman, I, too, rise in support of this bipartisan
amendment. I thank my colleagues, Mr. Brat, Mr. Poe, and Mr. Khanna,
for introducing it.
We want to prohibit funds from being used by the Department of the VA
on studies that cause significant pain and distress to dogs.
As a former member of the House Veterans Affairs' Committee and a
longtime advocate of animal protection, I firmly believe we should not
be using taxpayer dollars to fund painful and unnecessary experimental
procedures when we have technological advances that can move us toward
alternative methods.

{time} 1900

We have seen the NIH in their chimpanzee research, and they said that
available technologies are more accurate, faster, and less expensive
than animal testing.
The U.S. military is moving away from using live animals in trauma
medical testing. We have seen that when the Coast Guard gave up their
live tissue training program.
The Los Angeles VA just recently announced it is suspending
controversial and gruesome experiments on a colony of narcoleptic
Dobermans. It is now time for the rest of the VA to do the same thing.
This amendment is supported by the Humane Society, the Animal Welfare
Institute, and the White Coat Waste Project.
It is estimated that 44 percent of all households--and you heard my
colleagues mention this--in the United States have a dog. In our
culture, they are considered cherished pets, and they are a member of
the family. They are not to be used for experiments. Even veterans
themselves depend on dogs on the battlefield and at home for therapy.
Mr. Chairman, I urge my colleagues to support the amendment, and that
is just the way it is.
Mr. BRAT. Mr. Chairman, I yield back the balance of my time.
Mr. DENT. Mr. Chairman, I rise in opposition to the amendment, but I
do not plan to oppose it.
The Acting CHAIR (Mr. Gallagher). Without objection, the gentleman
from Pennsylvania is recognized for 5 minutes.
There was no objection.
Mr. DENT. Mr. Chair, I yield to the gentlewoman from Florida (Ms.
Wasserman Schultz), the ranking member.
Ms. WASSERMAN SCHULTZ. Mr. Chairman, I thank the gentleman for
yielding time to me.
Mr. Chairman, the VA conducts animal research at 74 of its
facilities, and only 3 of these--Cleveland, Milwaukee, and Richmond--
are still conducting experiments on dogs that involve inflicting
significant pain and distress. Just

[[Page H6424]]

yesterday, another whistleblower went public with graphic photos of
mutilated dogs and other troubling information about dog testing at
that facility.
In addition, a recent VA Office of Research Oversight investigation
found that the VA failed to keep adequate records about sick and
suffering dogs and has consistently underreported the number of dogs
used in experiments to Federal authorities.
I want to be clear that this amendment, unfortunately, does not stop
all animal research at the VA, and it doesn't even stop all dog
research at the VA--again, unfortunately. Far from it, in fact. This
amendment rightly and simply prohibits taxpayers' dollars from being
spent on research that causes dogs significant pain and distress.
Mr. Chairman, I urge my colleagues to support this amendment on
behalf of Bailey, Demmy, Coqui, Minnie, and Maddie Schultz.
Mr. DENT. I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Virginia (Mr. Brat).
The amendment was agreed to.

Amendment No. 23 Offered by Mr. King of Iowa

The Acting CHAIR. It is now in order to consider amendment No. 23
printed in House Report 115-259.
Mr. KING of Iowa. Mr. Chairman, I have an amendment at the desk made
in order by the rule.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

At the end of division C (before the short title), insert
the following
Sec. __. None of the funds made available by this Act may
be used to implement, administer, or enforce the prevailing
wage requirements in subchapter IV of chapter 31 of title 40,
United States Code (commonly referred to as the Davis-Bacon
Act).

The Acting CHAIR. Pursuant to House Resolution 473, the gentleman
from Iowa (Mr. King) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Iowa.
Mr. KING of Iowa. Mr. Chairman, this is a Davis-Bacon amendment that
addresses the MILCON component of the legislation that is before us.
This Congress has had this debate a number of times over the past
years. The history of the Davis-Bacon Act goes back to, I will say, a
couple of Republicans that got together and decided they didn't want
the construction market to have to face the competition of African
Americans coming out of Alabama to build a Federal building in New York
City. They took such great offense to that that they wrote legislation
that is known as the Davis-Bacon Act, and the language says it requires
a prevailing wage.
I have spent 42 years in the construction business, if I count the
work my son does as he owns that company today, and we have dealt with
that, I would say, nearly every year, if not every year, throughout all
that time.
What we have is the Federal Government interfering in the
relationship between the employer and the employee and setting a wage
scale that is called prevailing wage. But that is set by folks sitting
inside a room with a closed door, and they come out of there with the
equivalent of a union wage mandated by the Federal Government. That is
the net effect.
As we have kept records over the years, the increase in the cost of
the projects for us has been between 8 and 35 percent, depending on how
much is labor, how much is materials, and the nature of the job.
The Heritage Foundation has done a study or two. They come with a
number kind of in that area. So I just boil it down to 20 percent. It
is a 20 percent increase over the otherwise cost of a project, and that
means this: without the Davis-Bacon wage scale imposed upon it by the
Federal Government, the merit shop employees who meet plans and specs
and do high-quality work--and there is nothing in our 42 years of
history that would indicate otherwise--that we can build 5 miles of
road instead of 4, we can build five barracks instead of four, we can
build five bridges instead of four.
This is an unnecessary cost to the taxpayer. It brings efficiency to
the expenditures of the taxpayers' money, and it does a lot better job
of taking care of our military.
Mr. Chairman, I urge the adoption of my amendment, which simply does
this: it says that none of the funds may be used to implement,
administer, or enforce prevailing wage requirements that is referenced
as Davis-Bacon.
Mr. Chairman, I urge its adoption, and I reserve the balance of my
time.
Ms. WASSERMAN SCHULTZ. Mr. Chairman, I rise in opposition to the
amendment.
The Acting CHAIR. The gentlewoman from Florida is recognized for 5
minutes.
Ms. WASSERMAN SCHULTZ. Mr. Chairman, I am opposed to the amendment.
Mr. Chairman, Davis-Bacon is a pretty simple concept, and a fair one
at that. What the Davis-Bacon Act does is to protect the government as
well as the workers in carrying out the policy that is very simple and
very straightforward: paying decent wages on government contracts.
The Davis-Bacon Act requires that workers on federally funded
construction projects be paid no less than the wages paid in the
community for similar work. It requires that every contract for
construction of which the Federal Government is a party in excess of
$2,000 contain a provision defining the minimum wages paid to various
classes of laborers and mechanics.
Mr. Chairman, the House has taken numerous and repeated votes on this
issue, and on every vote, this body has voted to maintain Davis-Bacon
requirements. In fact, most recently, during consideration of the
fiscal year 2018 National Defense Authorization Act, in a bipartisan
fashion, the House firmly rejected a similar amendment 242-183.
Last year, we avoided including divisive language like this in this
bill, and it is my hope that we stop attacking the working class and
defeat the amendment before us today and move on to more important
matters as we surely have in front of us.
Mr. Chairman, I urge all Members to vote ``no,'' and I reserve the
balance of my time.
Mr. KING of Iowa. Mr. Chairman, as I listen to that rebuttal, I would
like to bring back a little more of the history of this, and it is
this: that Davis-Bacon, and I have been looking at this a long time, as
far as I know, and I believe it is true, is the last remaining Jim Crow
law that exists in Federal statute today.
We should take care to pull it out of the Federal code. Its legacy is
badly tainted. It was built as a racist law, and that needs to be
eliminated, and we need to have a merit shop society where people can
compete rather than the Federal Government deciding with a board or a
commission behind closed doors.
Let's build more roads, more bridges, more barracks, more airstrips.
Let's put our money to the best use we can. That is in keeping with
Donald Trump's philosophy: get more for less. That is what you get with
the King amendment, more for less, and we get to eliminate at least the
effectiveness of this Jim Crow law on our MILCON as a starter.
If we do this here, we have got an opportunity, then, to go forward
with this and finally one day completely repeal Davis-Bacon.
Mr. Chairman, I reserve the balance of my time.
Ms. WASSERMAN SCHULTZ. Mr. Chairman, I yield 2 minutes to the
distinguished gentleman from New Jersey (Mr. Norcross), who has been a
passionate advocate and fighter for working men and women of this
country.
Mr. NORCROSS. Mr. Chairman, I thank the Congresswoman for yielding me
time.
I rise in strong opposition to this misguided Davis-Bacon amendment.
Why would anybody come to this floor and say: I want to lower the
wages for the people I represent? Why would anybody want to do that? We
are here to help people raise their local standards of living.

That is what this amendment would do: it would lower the wages for
the working conditions of those very men and women that we were elected
to serve. It would hurt the local economy, devalue the workers' pay.
Almost 100 years ago, two Republicans, Congressman James Davis and
Robert Bacon, realized there was a problem with the Federal Government
and contracts. The contracts were unfair to those local economies. In
1931,

[[Page H6425]]

unanimously approved, Davis-Bacon prevailing wage, it ensured
construction workers coming in are paid the same as local labor--as
local labor. It levels the playing field, ensures workers get paid a
fair day's pay for a hard day's work--easy answers, very easy answers.
For my colleagues supporting this amendment, I have a few questions
of you.
Do you want the Federal Government to make bad investments?
Do you want to cut those wages for the very people who elected you?
Do you want local workers to suffer, people coming into your town and
your community, and cut the wages?
I don't think so. We are not here to lower the standards. We are here
to raise the standards.
Speaking of President Trump, guess who used and paid prevailing wage?
You have got it. Donald Trump in Atlantic City. He paid prevailing
wages. He didn't have to. He did because he understood he wanted to
help the people in that economy build a good product. This is what we
are talking about: quality wages to people who go to work each and
every day and play hard and work hard, follow the rules. That is what
prevailing wage is, giving local communities a say in the Federal
Government.
The Acting CHAIR. Members are reminded to direct their remarks to the
Chair, not to others in the Chamber in the second person.
Mr. KING of Iowa. Mr. Chairman, may I inquire as to how much time is
remaining on each side.
The Acting CHAIR. The gentleman from Iowa has 1\1/2\ minutes
remaining. The gentlewoman from Florida has 1\1/2\ minutes remaining.
Mr. KING of Iowa. Mr. Chairman, I yield myself the balance of my
time.
Mr. Chairman, as I listen to the gentleman, unfair; there is no such
thing as unfair when you have someone who applies for a job and they
are willing to work for a wage, and we want to hire the best people we
can hire. We want to keep the best people we hire, and we want to pay
the best benefits we can.
But when we have the Federal Government interfering with the
efficiency of our operations and deciding that this machine pays $25 an
hour and this machine pays $35 an hour, and on this shovel, if you are
leaning on it, that pays 20 bucks an hour, who is going to climb into
which machine and do what? The efficiencies of our operations go
downhill when you have got the Federal Government setting those kinds
of things.
We had a project years ago where the center line of the highway--we
worked on both sides of a highway. The center line of the highway was a
difference between two different regions with different prevailing wage
scales. It was almost twice as much money on the south side of the
highway as it was on the north side of the highway. Well, where do you
think my crews wanted to work? They wanted to work on the south side of
the highway. You have got to fight that constantly.
We don't need the Federal Government interfering. There used to be a
gentleman from Massachusetts that would say that we should not have the
Federal Government interfering between any relationship between two
consenting adults. That is what an employment is, two consenting
adults. It is a contract. We don't need the Federal Government there.
We need to build more projects for less money for the same standard
of work. It is not unfair. It is high-quality work coming out of all
the records of merit shop employees, and it is consistent with what
America needs to do to compete with the rest of the world.
Mr. Chairman, I urge that the body come forward and vote for this
amendment and block the Davis-Bacon wage scales and end up with an
efficient form of construction for MILCON.
Mr. Chairman, I yield back the balance of my time.
Ms. WASSERMAN SCHULTZ. Mr. Chairman, I yield myself such time as I
may consume.
Mr. Chairman, it is unfortunate that the gentleman from Iowa
repeatedly engages in revisionist history when it comes to walking the
Chamber through the history of why we have Davis-Bacon.
It was actually in 1927 that a contractor who was employing African-
American workers was building a Veterans Bureau hospital--fitting that
we are debating this on this bill in the district of Congressman Bacon.
What Congressman Bacon found was that there were very serious issues
related to low wages being paid, competitive pressure towards those
lower wages, discrimination against the wages of migrant workers, and
so he introduced Davis-Bacon initially to be able to make sure that
workers on construction projects would be able to be paid the
prevailing wages in the community.
These workers happened to be African American. That is about the only
thing that is at all related to the so-called Jim Crow reference that
the gentleman from Iowa made.
We need to make sure that, no matter where you work on a Federal
Government project, construction workers, working people who are trying
to make sure that they produce quality work, are able to produce that
quality work by being paid the prevailing wage in a community based on
those standards.
Mr. Chairman, I yield back the balance of my time.

{time} 1915

The Acting CHAIR. The question is on the amendment offered by the
gentleman from Iowa (Mr. King).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Ms. WASSERMAN SCHULTZ. Mr. Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Iowa will be
postponed.
It is now in order to consider amendment No. 24 printed in House
Report 115-259.

Amendment No. 27 Offered by Mr. Bergman

The Acting CHAIR. It is now in order to consider amendment No. 27
printed in House Report 115-259.
Mr. BERGMAN. Mr. Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 267, line 23, after the dollar amount, insert
``(increased by $1,000,000)''.
Page 273, line 1, after the dollar amount, insert
``(decreased by $1,000,000)''.

The Acting CHAIR. Pursuant to House Resolution 473, the gentleman
from Michigan (Mr. Bergman) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Michigan.
Mr. BERGMAN. Mr. Chairman, I rise today in support of my amendment to
the Make America Secure Appropriations Act bill. My amendment simply
adds $1 million to the U.S. Corps of Engineers' investigations account
to assist with projects across the country that the Army Corps is in
charge of overseeing.
Projects like modernizing the Soo Locks, the lock system located in
my district in the Upper Peninsula of Michigan which connects Lake
Superior to the lower part of the Great Lakes through the St. Marys
River.
This is a project that has been around for a long time on the books.
Projects like this that have more than 4,500 vessels and 80 million
tons of cargo moving through the Soo Locks each year, this lock system
plays a critical role in the transport of raw materials and other goods
through the Great Lakes region to ports around the entire country.
And currently, the construction of a new lock, which is integral not
only to my district, but the entire United States, is caught in a mire
of uncertainty, and it all comes down to one thing: funding.
I think it is appropriate that we are considering this amendment in
the context of making America secure because it might be a surprise to
some to learn that modernizing the Soo Locks is a matter of national
security.
A recent Department of Homeland Security report has made clear that
an unexpected interruption to the Poe--the largest lock in the system--
would have disastrous economic impacts across the Nation, to include a
$1.1 trillion fall in national gross domestic product and a spike in
national unemployment to a rate of 11.3 percent.
Again, this is the Department of Homeland Security saying this. And
while Congress has authorized the construction of a new lock twice now
over several years, the Soo has been tied up

[[Page H6426]]

in economic reevaluations and studies that have ultimately kept
Congress and the Corps from spending the necessary funds to complete
the project.
This amendment sends a message to the Army Corps and reminds Congress
that projects like the Soo Locks modernization must be a priority.
During a time when infrastructure projects and national security are
at the forefront of our policy conversations, projects like the Soo
Locks should not be delayed because of funding uncertainty or limits to
the Army Corps of Engineers' ability to do its due diligence in
conducting the studies.
I also wanted to take a minute and thank the chairman for working
with me and understanding how significant and important the Soo Locks
modernization and projects like this around the country are to our
economy and our national security.
Mr. Chair, I urge my colleagues to support this amendment, and I
reserve the balance of my time.
Ms. KAPTUR. Mr. Chair, I rise in opposition to the amendment.
The Acting CHAIR. The gentlewoman from Ohio is recognized for 5
minutes.
Ms. KAPTUR. Mr. Chair, I rise in very reluctant opposition to this
amendment. I agree with the goal. I agree with the fine Congressman's
goal of getting that lock modernized, improving the access, and
securing the Great Lakes region for generations to come. My problem
lies in the offset coming out of the Energy Efficiency & Renewable
Energy accounts.
So I would only ask the gentleman to consider advising his
colleagues, who will go into conference, if we could find a different
offset, it would sure be a lot more comfortable on this side of the
aisle.
I want to congratulate him for his amendment and, again, reluctantly
rise in opposition.
Mr. Chair, I yield back the balance of my time.
Mr. BERGMAN. Mr. Chair, I yield such time as he may consume to the
gentleman from Idaho.
Mr. SIMPSON. Actually, the offset does not come out of EERE.
Ms. KAPTUR. Will the gentleman yield?
Mr. SIMPSON. I yield to the gentlewoman from Ohio.
Ms. KAPTUR. May I inquire of the gentleman, where does the offset
come from?
Mr. SIMPSON. It comes from Corps expenses and administration.
Ms. KAPTUR. Well, that changes my position.
Mr. SIMPSON. I knew we could get through this.
Let me just say, Mr. Chairman, I understand that the Soo Locks
project is of great importance to my colleague from Michigan, as well
as other Members from the Great Lakes. I would be happy to work with
them to see if we can advance this project to ensure continued
navigation on the Great Lakes.
I have to remind my colleague that the amendment increases the
funding level of an account. It does not direct that funding level to a
particular activity, and, for that reason, the amendment does not
constitute a major shift in funding between accounts, and I will
support the amendment.
Mr. BERGMAN. Mr. Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Michigan (Mr. Bergman).
The amendment was agreed to.
The Acting CHAIR. It is now in order to consider amendment No. 28
printed in House Report 115-259.
Mr. SIMPSON. Mr. Chairman, as the designee of Chairman Frelinghuysen,
I move to strike the last word.
The Acting CHAIR. The gentleman from Idaho is recognized for 5
minutes.
Mr. SIMPSON. Mr. Chairman, I yield to the gentleman from New York
(Mr. Faso) for the purpose of entering into a colloquy.
Mr. FASO. Mr. Chairman, I thank Chairman Simpson for yielding the
time.
Mr. Chairman, I rise today in support of H.R. 3219, the Defense,
Military Construction, Veteran Affairs, Legislative Branch, and Energy
and Water Development National Security Appropriations Act.
Specifically, I would like to discuss division D of the bill, which
appropriates additional funding to the Army Corps of Engineers. This
bill allocates $289.5 million to fund projects and activities to
enhance the Nation's economic growth.
The Whaley Lake Dam, located in my district in Pawling, New York,
Dutchess County, will be eligible to compete for these funds, and is
authorized pursuant to section 5003 of the Water Resources Development
Act of 2007. Originally built in the mid-1800s, the Whaley Lake Dam is
in critical need of repair.
The outlet of the dam feeds a stream necessary to the movement of
treated wastewater from multiple municipal water treatment facilities.
Additionally, the town of Pawling is the home to nearly 9,000
residents, including 500 homes located on Whaley Lake specifically.
Mr. Chairman, could the chairman please confirm that the Whaley Lake
Dam project could compete for funding included in the bill?
Mr. SIMPSON. Mr. Chairman, I thank Mr. Faso for the question. The
gentleman is correct on his reading of the bill. Projects authorized
under section 5003 of the 2007 water bill are eligible for this
additional funding by the Army Corps of Engineers. This is reflected in
report language from the Energy and Water Development, and Related
Agencies Subcommittee.
Mr. FASO. Mr. Chairman, I thank Chairman Simpson for this
confirmation. I urge my colleagues to support this important bill.
Mr. SIMPSON. Mr. Chair, I yield back the balance of my time.

Amendments En Bloc No. 2 Offered by Mr. Simpson of Idaho

Mr. SIMPSON. Mr. Chairman, pursuant to section 3 of House Resolution
473, as the designee of the gentleman from New Jersey (Mr.
Frelinghuysen), I offer amendments en bloc.
The Acting CHAIR. The Clerk will designate the amendments en bloc.
Amendments en bloc No. 2 consisting of amendment Nos. 29, 30, 33, 34,
45, 47, 48, 66, 67, 68, and 69 printed in House Report 115-259, offered
by Mr. Simpson of Idaho:

Amendment No. 29 Offered by Mr. Ben Ray Lujan of New Mexico

Page 268, line 20, after the dollar amount, insert
``(reduced by $10,000,000) (increased by $10,000,000)''.

Amendment No. 30 Offered by Mr. Welch of Vermont

Page 268, line 20, after the dollar amount, insert
``(reduced by $10,000,000) (increased by $10,000,000)''.

Amendment No. 33 Offered by Mr. Curbelo of Florida

Page 268, line 20, after the dollar amount, insert
``(reduced by $45,000,000) (increased by $45,000,000)''.

Amendment No. 34 Offered by Mr. Nolan of Minnesota

Page 270, line 22, after the dollar amount, insert
``(increased by $325,000)''.
Page 273, line 1, after the dollar amount, insert
``(reduced by $325,000)''.

Amendment No. 45 Offered by Mr. Larson of Connecticut

Page 286, line 24, after the dollar amount, insert
``(reduced by $48,000,000) (increased by $48,000,000)''.

Amendment No. 47 Offered by Mr. Takano of California

Page 286, line 24, after the dollar amount, insert
``(reduced by $1,000,000) (increased by $1,000,000)''.

Amendment No. 48 Offered by Mr. DeSaulnier of California

Page 291, line 13, after the dollar amount, insert
``(increased by $1,200,000)''.
Page 296, line 10, after the dollar amount, insert
``(reduced by $1,200,000)''.

Amendment No. 66 Offered by Mr. Stivers of Ohio

At the end of division D (before the short title), insert
the following:
Sec. __. None of the funds made available by this division
may be used for the Cape Wind Energy Project on the Outer
Continental Shelf off Massachusetts, Nantucket Sound.

Amendment No. 67 Offered by Mr. Gallagher of Wisconsin

At the end of division D (before the short title), insert
the following:
Sec. __. For ``Department of Energy--Electricity Delivery
and Energy Reliability'' for energy storage systems
demonstrations as authorized by section 641 of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17231),
there is hereby appropriated, and the amount otherwise
provided by this Act for ``Department of Energy--Departmental
Administration'' is hereby reduced by, $10,000,000.

Amendment No. 68 Offered by Ms. Brownley of California

At the end of division D, before the short title, insert
the following:
Sec. __. None of the funds made available by this Act may
be used in contravention of section 2102 of the Water
Resources Reform

[[Page H6427]]

and Development Act of 2014 or section 210 of the Water
Resources Development Act of 1986.

Amendment No. 69 Offered by Mr. Rodney Davis of Illinois

At the end of division D, before the short title, insert
the following:
Sec. __. None of the funds made available under title I of
division D of this Act may be used to require an economic re-
evaluation of any project authorized under title VIII of the
Water Resources Development Act of 2007.

The Acting CHAIR. Pursuant to House Resolution 473 the gentleman from
Idaho (Mr. Simpson) and the gentlewoman from Ohio (Ms. Kaptur) each
will control 10 minutes.
The Chair recognizes the gentleman from Idaho.
Mr. SIMPSON. Mr. Chairman, I appreciate that the en bloc amendments
have been agreed to by both sides, and I would urge my Members to
support the en bloc amendments.
Mr. Chair, I reserve the balance of my time.
Ms. KAPTUR. Mr. Chair, I rise in support of the en bloc amendment.
Mr. Chair, I yield 1\1/2\ minutes to the gentleman from California
(Mr. Takano).
Mr. TAKANO. Mr. Chairman, I rise today in support of my amendment
which ensures that the Department of Energy continues to fund Energy
Innovation Hubs in the Offices of Science, Energy Efficiency &
Renewable Energy, and Nuclear Energy.

{time} 1930

The current report language accompanying H.R. 3266, which is the
Energy and Water Development Appropriations bill, directs the DOE not
to fund these centers.
By passing this amendment, we will clearly express Congress' intent
to continue funding these innovation hubs and request that the final
report language be edited to reflect our intent.
The four existing innovation hubs conduct critical research across
energy fields including nuclear, solar, advanced storage, and energy
supply chains. These hubs are modeled off of the iconic Bell
Laboratories, but private industry no longer sustains this type of
research due to increasing pressure to make short-term profits.
That is why it is essential that the government conduct this
research.
Mr. Chairman, I encourage my colleagues to support the en bloc and
amend the final report language so these vital innovation hubs continue
to receive funding.
Ms. KAPTUR. Mr. Chairman, I yield back the balance of my time.
Mr. SIMPSON. Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendments en bloc offered
by the gentleman from Idaho (Mr. Simpson).
The en bloc amendments were agreed to.
Mr. SIMPSON. Mr. Chairman, as the designee of Chairman Frelinghuysen,
I move to strike the last word.
The Acting CHAIR. The gentleman from Idaho is recognized for 5
minutes.
Mr. SIMPSON. Mr. Chairman, I yield to the gentleman from New Jersey
(Mr. Lance) for the purpose of a colloquy.
Mr. LANCE. Mr. Chairman, first, I thank Chairman Simpson for the
committee's continued support for the Rahway River flood control
project in the district I serve. This project is essential to the
safety and security of communities in the district. These communities
have worked extensively with the district office of the Army Corps,
which, together with their colleagues at Corps headquarters in
Washington, prepared a Tentatively Selected Plan. We are waiting for
Corps headquarters to schedule an agency milestone meeting to finalize
the details and begin the process of compiling a chief's report.
Is it the committee's intent in providing funding that the Corps
should complete the Rahway River feasibility study?
Mr. SIMPSON. I thank the gentleman for his question.
Yes. It has been the committee's intent that funds provided to date
were to be used to complete the feasibility study and issue a chief's
report. There is additional funding provided in this bill that could be
allocated to the Rahway River study, if necessary.
Mr. LANCE. I would further ask your assistance to ensure that the
extensive work, expertise, and planning at the district level and the
extensive community involvement is also followed by the Army Corps
headquarters.
There is growing concern in the communities I serve that Army Corps
headquarters might shelve this project despite its continued
authorization--as recently as the 2016 WRDA bill--and the ongoing
funding from your subcommittee.
This would represent the worst kind of disconnect between the needs
of communities in need and the bureaucracy of Washington. Doing
nothing, wasting taxpayers' time and money, and allowing the current
hazards to endure are not an acceptable outcome.
I would respectfully ask the full committee chairman and subcommittee
chairman to assist in convening a meeting with the affected Members of
Congress and the Corps to ensure we continue to move forward with this
chosen alternative, and proceed with the project now.
Mr. SIMPSON. I thank the gentleman for his comments.
We would be pleased to work with the gentleman from New Jersey on
such a meeting and to ensure a successful conclusion to the feasibility
study.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The Chair understands that Amendment No. 31 will
not be offered.
Ms. KAPTUR. Mr. Chairman, as the designee of Ranking Member Lowey, I
move to strike the last word.
The Acting CHAIR. The gentlewoman from Ohio is recognized for 5
minutes.
Ms. KAPTUR. Mr. Chairman, I want to express my appreciation to
Congressman Mike Simpson and all the members of our subcommittee on
both sides of the aisle for completing our work on time and for
reaching agreement on many of these amendments that will save the
Members angst tonight, and, hopefully, we won't have to work beyond
midnight.
I want to say, with the mark that we have received, we continue to
move America forward on energy independence. We know that by 8 or 9
years it is projected that America will finally be exporting more
energy than we are importing, and we will be 100 percent energy-
efficient and energy-independent here at home.
That is quite an accomplishment thinking back to the period of time
in our Nation's history in the last century when we, as a nation, were
subjected to rising oil prices because of embargoes, particularly in
the Middle East, and we fell into deep recession here in our country
back in the 1970s; and subsequent to that, every time gasoline went
over $4 a gallon.
So when we consider the Energy and Water bill, I think we all have to
pat America on the back for having had consistent enlightened leaders
on both sides of the aisle who understood what was important in the
Nation's best interests.
So as we consider this bill today--there were particular amendments
on subjects that range as far afield as the Soo Locks and the Energy
Information Administration, which we will get into in a moment, water
projects that are some of the biggest job creators across this
country--let's not lose sight of the big frame.
The big frame really is that this is a bill that makes America more
secure and that allows us to make progress here at home from coast to
coast. All of our ports and all of our water infrastructure that is so
vital not just west of the Mississippi, but the Great Lakes region and
our coasts, some of the challenges we face in the Everglades, these are
issues that all of America cares about, particularly when it is in your
own backyard.
This is a really important bill for the country. It is not the
largest bill that is considered as part of the appropriations process,
but it is one that is extraordinarily important. And, of course, over
half of our budget deals with our nuclear weapons complement and making
sure that that great asset that we have is maintained, is the finest in
the world, and is the best managed. So this subcommittee has quite a
jurisdiction from coast to coast.
I really want to compliment all the Members who worked so very hard
to bring our bill to the floor on time, within the mark that we were
given. I thank staffs on both sides of the aisle as we proceed forward
here.
I know that the efforts in this bill to fund the future and new
energy sources that are coming forward are in America's national
interests.

[[Page H6428]]

We look at the field of solar, for example. We have over 300,000
people working in the solar energy field, actually more than work in
the coal fields now. Some of those solar companies are in districts
that I represent. This is a new industry. Renewables now comprise 10
percent of all the energy that the country produces, and this has been
a major accomplishment in just the last few decades.
A lot of photovoltaic research goes back to the 1980s. We are now
looking at wind energy, the fastest growing job sector in America. It
is really for wind technicians.
I thank the members of our committee on both sides of the aisle for
appreciating the opportunity to grow this massive industry, including
with investments such as LEEDCo in the State of Ohio; capturing the
Saudi Arabia of wind, which is Lake Erie's complement.
So we feel a sense of accomplishment tonight as we bring this bill to
the floor and we look at the horizons ahead. We know that we have to
deal with the other body, we have to compromise out any of our
differences, but I have a hunch that we are going to be able to do that
very well.
I thank all those who may be listening this evening, particularly
those who are working in our National Labs, the finest labs in the
world that are inventing the future from coast to coast. Over a dozen
and a half of those labs have America's best scientists working on not
just energy research, but derivative spinoffs in the commercial sector
that eventually benefit the entire country.
As I mentioned, the natural gas discovery that has really been
responsible for leading us toward energy independence was made possible
by the fracking technology developed over many years at the U.S.
Department of Energy. So as you look at gas prices going down at the
pump and you look at the competition in the energy industry, we have a
lot of people, many unsung heroes across our country in these labs who
work tirelessly on behalf of the American people. Some are retired and
some are still in place, but we owe them a deep debt of gratitude for
serving the American people so nobly.
We are going to have several other amendments that come before us
tonight.
Mr. Chairman, I yield to the gentleman if he wishes to make a
statement.
Mr. SIMPSON. Mr. Chairman, I thank the gentlewoman. It is wonderful
to have someone who can talk with some intelligence about what we are
doing here, and keep the attention of the body as we are waiting for
Members to come to the floor.
Ms. KAPTUR. I think it is fair to say, Mr. Chairman, that you do such
a fine job and move the bill along that people were anticipating their
amendments would come up later in the evening. But, as usual, this is
not just an energy efficient committee, but a very efficient committee.
Mr. Chair, I yield back the balance of my time.
Mr. SIMPSON. Mr. Chairman, I move that the Committee do now rise.
The motion was agreed to.
Accordingly, the Committee rose; and the Speaker Pro Tempore (Mr.
Mitchell) having assumed the chair, Mr. Gallagher, Acting Chair of the
Committee of the Whole House on the state of the Union, reported that
that Committee, having had under consideration the bill (H.R. 3219)
making appropriations for the Department of Defense for the fiscal year
ending September 30, 2018, and for other purposes, had come to no
resolution thereon.

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