[Congressional Record Volume 163, Number 146 (Monday, September 11, 2017)]
[Senate]
[Pages S5137-S5138]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 894. Mr. MANCHIN submitted an amendment intended to be proposed by

[[Page S5138]]

him to the bill H.R. 2810, to authorize appropriations for fiscal year 
2018 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle A of title X, add the following:

     SEC. __. ACHIEVEMENT BY DEPARTMENT OF DEFENSE AND MILITARY 
                   DEPARTMENTS OF UNQUALIFIED OPINIONS OF 
                   STATEMENT OF BUDGETARY RESOURCES.

       (a) Enhanced Reprogramming Authority Following Achievement 
     by Department of Defense and Military Departments of Audit 
     With Unqualified Opinion of Statement of Budgetary Resources 
     for Fiscal Years After Fiscal Year 2017.--
       (1) Department of defense generally.--Subject to subsection 
     (b)(1), if the Department of Defense obtains an audit with an 
     unqualified opinion on its statement of budgetary resources 
     for any fiscal year after fiscal year 2017, the limitation on 
     the total amount of authorizations that the Secretary of 
     Defense may transfer pursuant to general transfer authority 
     available to the Secretary in the national interest in the 
     succeeding fiscal year shall be $8,000,000,000.
       (2) Military departments, defense agencies, and defense 
     field activities.--Subject to section (c)(1), if a military 
     department, Defense Agency, or defense field activity obtains 
     an audit with an unqualified opinion on its statement of 
     budgetary resources for any fiscal year after fiscal year 
     2017, the thresholds for reprogramming of funds of such 
     military department, Defense Agency, or defense field 
     activity, as the case may be, without prior notice to 
     Congress for the succeeding fiscal year shall be deemed to be 
     the thresholds as follows:
       (A) In the case of an increase or decrease to the program 
     base amount for a procurement program, $60,000,000.
       (B) In the case of an increase or decrease to the program 
     base amount for a research program, $30,000,000.
       (C) In the case of an increase or decrease to the amount 
     for a budget activity for operation and maintenance, 
     $45,000,000.
       (D) In the case of an increase or decrease to the amount 
     for a budget activity for military personnel, $30,000,000.
       (3) Rule of construction.--Nothing in this subsection shall 
     be construed to alter or revise any requirement (other than a 
     threshold amount) for notice to Congress on transfers covered 
     by paragraph (1) or reprogrammings covered by paragraph (2) 
     under any other provision of law.
       (4) Definitions.--In this subsection, the terms ``program 
     base amount'', ``procurement program'', ``research program'', 
     and ``budget activity'' have the meanings given such terms in 
     chapter 6 of volume 3 of the Financial Management Regulation 
     of the Department of Defense (DoD 7000.14R), dated March 
     2011, or any successor document.
       (b) Failure of Department of Defense to Obtain Audits With 
     Unqualified Opinion of Fiscal Year 2018 Financial 
     Statements.--If the Department of Defense fails to obtain an 
     audit with an unqualified opinion on its general fund 
     statement of budgetary resources for fiscal year 2018 by 
     March 31, 2019, effective as of April 1, 2019, the authority 
     in subsection (a)(1) shall cease to be available to the 
     Department of Defense for fiscal year 2018 and any fiscal 
     year thereafter.
       (c) Failure of the Military Departments to Obtain Audits 
     With Unqualified Opinion of Financial Statements for Fiscal 
     Years After Fiscal Year 2018.--
       (1) Permanent cessation of authorities reprogramming of 
     funds.--If a military department fails to obtain an audit 
     with an unqualified opinion on its financial statements for 
     fiscal year 2018 by March 31, 2019, effective as of April 1, 
     2019, the authorities in subsection (a)(2) shall cease to be 
     available to the military department for fiscal year 2018 and 
     any fiscal year thereafter.
       (2) Annual prohibition on expenditure of funds for certain 
     mdaps past milestone b in connection with failure.--
       (A) Prohibition.--Effective for fiscal years after fiscal 
     year 2018, if a military department fails to obtain an audit 
     with an unqualified opinion on its financial statements for 
     any fiscal year, effective as of the date of the issuance of 
     the opinion on such audit, amounts available to the military 
     department for the following fiscal year may not be obligated 
     by the military department for a weapon or weapon system or 
     platform being acquired as a major defense acquisition 
     program for any activity beyond Milestone B approval unless 
     such program has already achieved Milestone B approval of the 
     date of the issuance of the opinion on such audit.
       (B) Definitions.--In this paragraph:
       (i) The term ``major defense acquisition program'' has the 
     meaning given that term in section 2430 of title 10, United 
     States Code.
       (ii) The term ``Milestone B approval'' has the meaning 
     given that term in section 2366(e)(7) of title 10, United 
     States Code.
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