[Congressional Record Volume 164, Number 20 (Tuesday, January 30, 2018)]
[House]
[Pages H698-H725]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               CHILD PROTECTION IMPROVEMENTS ACT OF 2017


                             General Leave

  Ms. GRANGER. Mr. Speaker, I ask unanimous consent that all Members 
have 5 legislative days in which to revise and extend their remarks.
  The SPEAKER pro tempore (Mr. Mitchell). Is there objection to the 
request of the gentlewoman from Texas?

[[Page H699]]

  There was no objection.
  Ms. GRANGER. Mr. Speaker, pursuant to House Resolution 714, I call up 
the bill (H.R. 695) to amend the National Child Protection Act of 1993 
to establish a national criminal history background check system and 
criminal history review program for certain individuals who, related to 
their employment, have access to children, the elderly, or individuals 
with disabilities, and for other purposes, with the Senate amendments 
thereto, and ask for its immediate consideration.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. The Clerk will designate the Senate 
amendments.
  Senate amendments:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Child Protection 
     Improvements Act of 2017''.

     SEC. 2. NATIONAL CRIMINAL HISTORY BACKGROUND CHECK AND 
                   CRIMINAL HISTORY REVIEW PROGRAM.

       The National Child Protection Act of 1993 (34 U.S.C. 40101 
     et seq.) is amended--
       (1) in section 3 (34 U.S.C. 40102)--
       (A) by striking ``provider'' each place it appears and 
     inserting ``covered individual'';
       (B) by striking ``provider's'' each place it appears and 
     inserting ``covered individual's'';
       (C) by amending subsection (a)(3) to read as follows:
       ``(3)(A) The Attorney General shall establish a program, in 
     accordance with this section, to provide qualified entities 
     located in States that do not have in effect procedures 
     described in paragraph (1), or qualified entities located in 
     States that do not prohibit the use of the program 
     established under this paragraph, with access to national 
     criminal history background checks on, and criminal history 
     reviews of, covered individuals.
       ``(B) A qualified entity described in subparagraph (A) may 
     submit to the appropriate designated entity a request for a 
     national criminal history background check on, and a criminal 
     history review of, a covered individual. Qualified entities 
     making a request under this paragraph shall comply with the 
     guidelines set forth in subsection (b), and with any 
     additional applicable procedures set forth by the Attorney 
     General or by the State in which the entity is located.'';
       (D) in subsection (b)--
       (i) in paragraph (1)(E), by striking ``unsupervised'';
       (ii) by striking paragraph (2) and inserting the following:
       ``(2)(A) that the State, or in a State that does not have 
     in effect procedures described in subsection (a)(1), the 
     designated entity, ensures that--
       ``(i) each covered individual who is the subject of a 
     background check under subsection (a) is entitled to obtain a 
     copy of any background check report;
       ``(ii) each covered individual who is the subject of a 
     background check under subsection (a) is provided a process 
     by which the covered individual may appeal the results of the 
     background check to challenge the accuracy or completeness of 
     the information contained in the background report of the 
     covered individual; and
       ``(iii)(I) each covered individual described in clause (ii) 
     is given notice of the opportunity to appeal;
       ``(II) each covered individual described in clause (ii) 
     will receive instructions on how to complete the appeals 
     process if the covered individual wishes to challenge the 
     accuracy or completeness of the information contained in the 
     background report of the covered individual; and
       ``(III) the appeals process is completed in a timely manner 
     for each covered individual described in clause (ii); and
       ``(B) the State, or in a State that does not have in effect 
     procedures described in subsection (a)(1), the designated 
     entity, may allow for a review process--
       ``(i) through which the State or designated entity, as the 
     case may be, may determine that a covered individual who is 
     the subject of a background check under subsection (a) is 
     disqualified for a crime specified in subsection (f)(2)(C); 
     and
       ``(ii) which shall be consistent with title VII of the 
     Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.);'';
       (iii) in paragraph (3), by inserting after ``authorized 
     agency'' the following: ``or designated entity, as 
     applicable,''; and
       (iv) in paragraph (4), by inserting after ``authorized 
     agency'' the following: ``or designated entity, as 
     applicable,'';
       (E) in subsection (d), by inserting after ``officer or 
     employee thereof,'' the following: ``, nor shall any 
     designated entity nor any officer or employee thereof,'';
       (F) by amending subsection (e) to read as follows:
       ``(e) Fees.--
       ``(1) State program.--In the case of a background check 
     conducted pursuant to a State requirement adopted after 
     December 20, 1993, conducted with fingerprints on a covered 
     individual, the fees collected by authorized State agencies 
     and the Federal Bureau of Investigation may not exceed the 
     actual cost of the background check conducted with 
     fingerprints.
       ``(2) Federal program.--In the case of a national criminal 
     history background check and criminal history review 
     conducted pursuant to the procedures established pursuant to 
     subsection (a)(3), the fees collected by a designated entity 
     shall be set at a level that will ensure the recovery of the 
     full costs of providing all such services. The designated 
     entity shall remit the appropriate portion of such fee to the 
     Attorney General, which amount is in accordance with the 
     amount published in the Federal Register to be collected for 
     the provision of a criminal history background check by the 
     Federal Bureau of Investigation.
       ``(3) Ensuring fees do not discourage volunteers.--A fee 
     system under this subsection shall be established in a manner 
     that ensures that fees to qualified entities for background 
     checks do not discourage volunteers from participating in 
     programs to care for children, the elderly, or individuals 
     with disabilities. A fee charged to a qualified entity that 
     is not organized under section 501(c)(3) of the Internal 
     Revenue Code of 1986 may not be less than the total sum of 
     the costs of the Federal Bureau of Investigation and the 
     designated entity.''; and
       (G) by inserting after subsection (e) the following:
       ``(f) National Criminal History Background Check and 
     Criminal History Review Program.--
       ``(1) National criminal history background check.--Upon a 
     designated entity receiving notice of a request submitted by 
     a qualified entity pursuant to subsection (a)(3), the 
     designated entity shall forward the request to the Attorney 
     General, who shall, acting through the Director of the 
     Federal Bureau of Investigation, complete a fingerprint-based 
     check of the national criminal history background check 
     system, and provide the information received in response to 
     such national criminal history background check to the 
     appropriate designated entity. The designated entity may, 
     upon request from a qualified entity, complete a check of a 
     State criminal history database.
       ``(2) Criminal history review.--
       ``(A) Designated entities.--The Attorney General shall 
     designate, and enter into an agreement with, one or more 
     entities to make determinations described in paragraph (2). 
     The Attorney General may not designate and enter into an 
     agreement with a Federal agency under this subparagraph.
       ``(B) Determinations.--A designated entity shall, upon the 
     receipt of the information described in paragraph (1), make a 
     determination of fitness described in subsection (b)(4), 
     using the criteria described in subparagraph (C).
       ``(C) Criminal history review criteria.--A covered 
     individual may be determined to be unfit under subsection 
     (b)(4) if the covered individual--
       ``(i) refuses to consent to a criminal background check 
     under this section;
       ``(ii) knowingly makes a materially false statement in 
     connection with a criminal background check under this 
     section;
       ``(iii) is registered, or is required to be registered, on 
     a State sex offender registry or repository or the National 
     Sex Offender Registry established under the Adam Walsh Child 
     Protection and Safety Act of 2006 (34 U.S.C. 20901 et seq.);
       ``(iv) has been convicted of a felony consisting of--

       ``(I) murder, as described in section 1111 of title 18, 
     United States Code;
       ``(II) child abuse or neglect;
       ``(III) a crime against children, including child 
     pornography;
       ``(IV) spousal abuse;
       ``(V) a crime involving rape or sexual assault;
       ``(VI) kidnapping;
       ``(VII) arson;
       ``(VIII) physical assault or battery; or
       ``(IX) a drug-related offense committed during the 
     preceding 5 years;

       ``(v) has been convicted of a violent misdemeanor committed 
     as an adult against a child, including--

       ``(I) child abuse;
       ``(II) child endangerment;
       ``(III) sexual assault; or
       ``(IV) of a misdemeanor involving child pornography; or

       ``(vi) in the case of a covered individual who has, seeks 
     to have, or may have access to the elderly or individuals 
     with disabilities, has been convicted of any criminal offense 
     relating to the abuse, exploitation, or neglect (as those 
     terms are defined in section 2011 of the Social Security Act 
     (42 U.S.C. 1397j)) of an elder or an individual with 
     disabilities.''; and
       (2) in section 5 (34 U.S.C. 40104)--
       (A) by amending paragraph (9) to read as follows:
       ``(9) the term `covered individual' means an individual--
       ``(A) who has, seeks to have, or may have access to 
     children, the elderly, or individuals with disabilities, 
     served by a qualified entity; and
       ``(B) who--
       ``(i) is employed by or volunteers with, or seeks to be 
     employed by or volunteer with, a qualified entity; or
       ``(ii) owns or operates, or seeks to own or operate, a 
     qualified entity;'';
       (B) in paragraph (10), by striking ``and'' at the end;
       (C) in paragraph (11), by striking the period at the end 
     and inserting ``; and''; and
       (D) by inserting after paragraph (11) the following:
       ``(12) the term `designated entity' means an entity 
     designated by the Attorney General under section 
     3(f)(2)(A).''.

     SEC. 3. EFFECTIVE DATE.

       This Act and the amendments made by this Act shall be fully 
     implemented by not later than 1 year after the date of 
     enactment of this Act.

         Amend the title so as to read: ``A bill to amend the 
     National Child Protection Act of 1993 to establish a 
     voluntary national criminal history background check system 
     and criminal history review program for certain

[[Page H700]]

     individuals who, related to their employment, have access to 
     children, the elderly, or individuals with disabilities, and 
     for other purposes.''.

                            Motion to Concur

  Ms. GRANGER. Mr. Speaker, I have a motion at the desk.
  The SPEAKER pro tempore. The Clerk will designate the motion.
  The text of the motion is as follows:

       Ms. Granger moves that the House concur in the Senate 
     amendment to the title of H.R. 695 and that the House concur 
     in the Senate amendment to the text of H.R. 695 with an 
     amendment consisting of the text of Rules Committee Print 
     115-56.

  The text of the House amendment to the Senate amendment to the text 
is as follows:

       In lieu of the matter proposed to be inserted by the 
     Senate, insert the following:

       That 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

       For pay, allowances, individual clothing, subsistence, 
     interest on deposits, gratuities, permanent change of station 
     travel (including all expenses thereof for organizational 
     movements), and expenses of temporary duty travel between 
     permanent duty stations, for members of the Navy on active 
     duty (except members of the Reserve provided for elsewhere), 
     midshipmen, and aviation cadets; for members of the Reserve 
     Officers' Training Corps; and for payments pursuant to 
     section 156 of Public Law 97-377, as amended (42 U.S.C. 402 
     note), and to the Department of Defense Military Retirement 
     Fund, $28,707,918,000 (reduced by $2,000,000) (increased by 
     $2,000,000).

                    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 (reduced by $5,000,000) (reduced by 
     $5,600,000) (reduced by $6,000,000):  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 (reduced by $598,000) 
     (reduced by $7,000,000):  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 (increased by 
     $5,000,000) (reduced by $10,000,000) (reduced by $100,000) 
     (increased by $100,000) (reduced by $194,897,000) (increased 
     by $194,897,000) (reduced by $26,200,000) (reduced by 
     $20,000,000) (reduced by $6,000,000) (reduced by $4,000,000) 
     (reduced by $20,000,000) (reduced by $1,000,000) (reduced by 
     $10,000,000) (reduced by $2,500,000) (reduced by $2,000,000) 
     (reduced by $8,000,000) (reduced by $6,250,000) (reduced by 
     $10,000,000) (reduced by $10,000,000) (reduced by 
     $30,000,000) (reduced by $34,734,000) (reduced by 
     $60,000,000):  Provided, That not more than $15,000,000 may 
     be

[[Page H701]]

     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.

              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 (increased by 
     $34,734,000) (increased by $30,000,000), to remain available 
     until transferred:  Provided, That the Secretary of the Navy 
     shall, upon determining that such funds are required for 
     environmental restoration, reduction and recycling of 
     hazardous waste, removal of unsafe buildings and debris of 
     the Department of the Navy, or for similar purposes, transfer 
     the funds made available by this appropriation to other 
     appropriations made available to the Department of the Navy, 
     to be merged with and to be available for the same purposes 
     and for the same time period as the appropriations to which 
     transferred:  Provided further, That upon a determination 
     that all or part of the funds transferred from this 
     appropriation are not necessary for the purposes provided 
     herein, such amounts may be transferred back to this 
     appropriation:  Provided further, That the transfer authority 
     provided under this heading is in addition to any other 
     transfer authority provided elsewhere in this Act.

                  Environmental Restoration, Air Force

                     (including transfer of funds)

       For the Department of the Air Force, $308,749,000 
     (increased by $30,000,000), 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 (increased by 
     $10,000,000), 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

[[Page H702]]

     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 
     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 (increased by $30,000,000), 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 (increased by $26,200,000), 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;

[[Page H703]]

       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 
     (increased by $20,000,000), 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 (increased by $16,000,000), 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.

                      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 (reduced 
     by $10,000,000), 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, except for 
     missile defense requirements resulting from urgent or 
     emergent operational needs: 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

       For expenses necessary for basic and applied scientific 
     research, development, test and evaluation, including 
     maintenance, rehabilitation, lease, and operation of 
     facilities and equipment, $9,674,222,000 (increased by 
     $6,000,000) (increased by $4,000,000) (increased by 
     $12,000,000) (increased by $5,000,000), to remain available 
     for obligation until September 30, 2019.

[[Page H704]]

  


            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 (increased by 
     $598,000) (increased by $20,000,000) (reduced by $2,500,000) 
     (increased by $24,000,000), 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

       For expenses necessary for basic and applied scientific 
     research, development, test and evaluation, including 
     maintenance, rehabilitation, lease, and operation of 
     facilities and equipment, $33,874,980,000 (increased by 
     $5,000,000) (increased by $6,000,000) (increased by 
     $10,000,000) (reduced by $30,000,000) (increased by 
     $30,000,000), to remain available for obligation until 
     September 30, 2019.

        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 
     (reduced by $16,000,000) (reduced by $12,000,000) (reduced by 
     $2,500,000) (reduced by $12,500,000) (increased by 
     $20,000,000) (reduced by $20,000,000) (reduced by $4,135,000) 
     (increased by $4,135,000) (reduced by $27,500,000) (increased 
     by $10,000,000), 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, except for missile defense requirements 
     resulting from urgent or emergent operational needs: 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 (increased by $7,000,000) 
     (increased by $1,000,000) (increased by $10,000,000) 
     (increased by $2,000,000) (increased by $2,000,000) 
     (increased by $10,000,000) (increased by $5,000,000) 
     (increased by $10,000,000); of which $31,735,923,000 
     (increased by $2,000,000) (increased by $5,000,000) 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 (increased by $7,000,000) (increased by 
     $1,000,000) (increased by $10,000,000) (increased by 
     $2,000,000) (increased by $10,000,000) (increased by 
     $10,000,000), 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 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

[[Page H705]]

     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 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

[[Page H706]]

     aircraft variants; up to 13 SSN Virginia Class Submarines and 
     Government-furnished equipment; and 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 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,

[[Page H707]]

     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.
       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,

[[Page H708]]

     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.
       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.

[[Page H709]]

       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 (increased by $10,000,000) 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 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:

[[Page H710]]

       (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 (increased by $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

[[Page H711]]

     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 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.

[[Page H712]]

  


                     (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 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

[[Page H713]]

       (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 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

[[Page H714]]

     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.

                        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

[[Page H715]]

     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 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 (reduced by $12,000,000), 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

[[Page H716]]

     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 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'',

[[Page H717]]

     $119,368,000 (increased by $6,000,000), 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) 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

[[Page H718]]

     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 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,

[[Page H719]]

     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.
       Sec. 9022. (a) In addition to amounts provided elsewhere in 
     this Act, there is hereby appropriated $1,184,112,000, for 
     the following accounts and programs in the specified amounts 
     for costs associated with Operation Freedom's Sentinel:
       (1) ``Military Personnel, Army'', $48,377,000;
       (2) ``Military Personnel, Marine Corps'', $179,000;
       (3) ``Military Personnel, Air Force'', $1,340,000;
       (4) ``Operation and Maintenance, Army'', $872,491,000;
       (5) ``Operation and Maintenance, Navy'', $76,274,000;
       (6) ``Operation and Maintenance, Marine Corps'', 
     $24,734,000;
       (7) ``Operation and Maintenance, Defense-Wide'', 
     $81,164,000;
       (8) ``Procurement of Ammunition, Navy and Marine Corps'', 
     $10,853,000, to remain available until September 30, 2020;
       (9) ``Other Procurement, Navy'', $31,500,000, to remain 
     available until September 30, 2020; and
       (10) ``Research, Development, Test and Evaluation, Navy'', 
     $37,200,000, to remain available until September 30, 2019.
       (b) Amounts provided pursuant to this section are hereby 
     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.

                 TITLE X--ADDITIONAL GENERAL PROVISIONS

                          references to report

       Sec. 10001.  Any reference to a ``report accompanying this 
     Act'' contained in this Act shall be treated as a reference 
     to House Report 115-219. Such report shall apply for purposes 
     of determining the allocation of funds provided by, and the 
     implementation of, this Act.

                       spending reduction account

       Sec. 10002.  $0.
       Sec. 10003.  None of the funds appropriated or otherwise 
     made available under the heading ``Afghanistan Security 
     Forces Fund'' may be used to procure uniforms for the Afghan 
     National Army.
       Sec. 10004.  None of the funds made available in this Act 
     may be used for the closure of a biosafety level 4 
     laboratory.
       Sec. 10005.  None of the funds made available by this Act 
     may be used to provide arms, training, or other assistance to 
     the Azov Battalion.
       Sec. 10006.  None of the finds made available by this Act 
     may be used to purchase heavy water from Iran.
       Sec. 10007.  None of the funds appropriated by this Act may 
     be used to plan for, begin, continue, complete, process, or 
     approve a public-private competition under the Office of 
     Management and Budget Circular A-76.
       Sec. 10008.  Notwithstanding any other provision of law, 
     with respect to the revised security category (as that term 
     is defined in section 250(c)(4)(D) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985), any sequestration 
     order issued under such Act for fiscal year 2018 shall have 
     no force or effect.
       This Act may be cited as the ``Department of Defense 
     Appropriations Act, 2018''.

  The SPEAKER pro tempore. Pursuant to House Resolution 714, the motion 
shall be debatable for 1 hour equally divided and controlled by the 
chair and ranking minority member of the Committee on Appropriations.
  The gentlewoman from Texas (Ms. Granger) and the gentleman from 
Indiana (Mr. Visclosky) each will control 30 minutes.
  The Chair recognizes the gentlewoman from Texas.
  Ms. GRANGER. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, once again, I stand before you today to ask for your 
support to pass the fiscal year 2018 Defense Appropriations bill. It is 
past time that this essential, must-pass funding bill for our military 
be enacted into law. Congress must act responsibly and do its job to 
quickly get these dollars out the door and where they are needed as 
soon as possible.
  The legislation before you provides $659 billion for defense, more 
than $60 billion above last year's levels. When combined with the 
almost $5 billion already enacted into law in December, this bill 
matches the top-line funding level in the final National Defense 
Authorization Act enacted into law.
  All Federal dollars are not the same. We need to provide and 
prioritize national security after years of neglect and an increasingly 
dangerous international situation.
  Nor can we continue to hold our troops hostage as leverage for 
unrelated issues. We are almost 4 months into fiscal year 2018, and our 
troops still don't have their funding. It is time that the Congress 
fulfill its responsibility to fund our troops at the levels needed.
  It is time to lift the budget caps and enact a full-year Defense 
Appropriations Act so that our military can begin to rebuild. This bill 
does that by lifting the budget caps on defense and fully funding the 
Department at the top line already approved by the Congress in the 
National Defense Authorization Act.
  It takes care of our troops by providing additional manpower and 
fully funding a 2.4 percent pay raise, and it provides additional 
funding for key readiness programs and robustly funds maintenance of 
equipment and facilities.
  The bill includes specific investments in several areas, such as air 
superiority, $4.3 billion above request; shipbuilding, $1.6 billion 
above request; research and development, $10 billion above 2017; 
defense health, an additional $644 million for medical research; and 
grants forces fully equipped.
  The bill also provides additional resources in a National Defense 
Restoration Fund in the amount of $28.6 billion to allow Secretary 
Mattis to begin investing in the new defense strategy now instead of 
waiting a full year.

                              {time}  1400

  This bill gives our military leaders the sufficient, sustainable, and 
stable funding they have told us, over and over again, that they need.
  The House has done its job more than once to fund our troops at the 
levels they need only to have the Senate fail to act. Congress must 
step up and fulfill its most fundamental constitutional responsibility, 
which is to ensure that our troops have what they need to defend our 
Nation.
  Mr. Speaker, I reserve the balance of my time.
  Mr. VISCLOSKY. Mr. Speaker, I yield myself such time as I may 
consume.
  (Mr. VISCLOSKY asked and was given permission to revise and extend 
his remarks.)
  Mr. VISCLOSKY. Mr. Speaker, I first want to start by associating 
myself with the remarks of my chairwoman and suggest to this body that 
it is time for Congress to begin to govern and run the day-to-day 
operation of the Government of the United States in a timely fashion.
  Mr. Speaker, this is the third iteration of the fiscal year 2018 
Defense Appropriations Act that has been brought to the floor. I, for 
one, have

[[Page H720]]

nothing more to say about the merits of this legislation that would not 
be redundant. However, I do want to reiterate my profound respect for 
the exceptional work that has been put into this legislation, time and 
time again, by Chairwoman Granger, all of the members of our 
subcommittee, and our superlative staff.
  Today, January 30, 2018, Congress is 122 days late. We are 122 days 
past the start of the current fiscal year and 122 days past the time 
that the legislation we are considering today for the third time should 
have been completed, conferenced, and signed into law.
  Mr. Speaker, we have a number problem. As an appropriator, I ask for 
a number to craft a bill that, by law, does not violate the Budget 
Control Act. We need a number so that Chairwoman Granger, our 
subcommittee members, and I can make decisions on how best to move 
forward so our military leaders are not hindered and forced to comply 
with the constraints of continuing resolutions. As an appropriator, all 
I want is a number. Give us a number, and we will finish our work for 
this fiscal year and give the certainty that has been repeatedly asked 
for by the Department of Defense and our 17 intelligence agencies.
  Unfortunately, operating under the fourth continuing resolution and 
passing essentially the same Defense Appropriations measure for a third 
time does nothing--nothing--to solve the number problem, nor does it 
remedy the slight inconvenience that this bill exceeds the Budget 
Control Act by $35 billion.
  Today's legislation does recognize this inconvenience by obviating 
sequestration. I guess that is what passes as budget control in these 
days in this Congress.
  Some may say that we must pass this bill today to support our men and 
women in uniform. I would respond by saying that today's 60 minutes of 
theater continues to avoid meaningfully addressing the needs of our 
troops. If we were serious about that, we would have solved our number 
problem and allowed the chair and ranking member of the full committee, 
and the subcommittee chairs and ranking members of all 12 committees, 
to negotiate a realistic budget figure last summer so that we could 
have completed our bill last September. That would be helping our 
troops.
  I would also add that if we don't agree to an overall domestic 
discretionary number, then we will continue to disinvest in the true 
security of this Nation--our people.
  We need a domestic number so we can make decisions and give direction 
to all Federal agencies so they can plan on how to best invest in our 
national economy, jobs, and the health and prosperity of our people. 
The International Trade Commission needs direction so they can fully 
enforce our trade laws. Customs and Border Protection needs direction. 
This government needs timely decisions and certainty.
  According to the Department of Defense, 71 percent of people aged 17 
to 24 years of age in the United States would fail to qualify for 
military enlistment because of physical or mental health issues, low 
educational scores, or major criminal convictions. General Joseph 
Dunford, the Chairman of the Joint Chiefs of Staff, has testified that 
the strength of the United States military is a direct reflection of 
the strength of U.S. society.
  I would propose that improving the strength of our country is not 
just a robust defense number that I desperately want. We need a robust 
domestic number that allows for the critical investments necessary for 
the success of our economy, the creation of jobs, and for the people of 
this country.
  Our number problem is solvable. Give us a negotiated budget number so 
we can stop wasting everybody's time and the money of the American 
taxpayers. Then we can truly start supporting the strength of our 
national security, our troops, and our national economy.
  Mr. Speaker, I reserve the balance of my time.
  Ms. GRANGER. Mr. Speaker, I yield 4 minutes to the gentleman from New 
Jersey (Mr. Frelinghuysen), who is the chairman of the full committee.
  Mr. FRELINGHUYSEN. Mr. Speaker, I thank the chairwoman from Texas for 
her time and for her leadership on national security and intelligence 
issues. Indeed, I would like to thank all members of the subcommittee--
Republican and Democrat--and the staff for their hard work to assure 
defense and intelligence funding and also for their work on a variety 
of continuing resolutions that relate to the same.
  Mr. Speaker, I rise, once again, to support this Defense 
Appropriations bill just as I did in July and again in September.
  I visited our troops in Iraq twice last year in addition to official 
trips to north Africa and Southeast Asia. My goal is always to assess 
U.S. posture in those regions militarily and diplomatically. I can tell 
you, from those experiences, our Nation's competitive military 
advantage is badly eroding, and our allies, partners, and adversaries 
know it.
  So how have we responded? The reality is: not well enough. In fact, 
we have pushed our military towards its breaking point. Instead of 
upgrading our hardware, we have allowed our equipment to age. Instead 
of arming our troops for tomorrow's fight, we have let them become 
seriously under-equipped. Instead of rightsizing our Armed Forces, we 
have reduced their size.
  Mr. Speaker, we ask a great deal of our men and women in uniform. We 
ask them to leave their families to complete difficult training. We ask 
them to move from duty station to duty station without complaint. We 
ask them to tolerate long deployments far from home. We ask them to 
carry out dangerous missions in dangerous corners of the world. We ask 
them to reenlist with their families to preserve the strength of our 
Armed Forces.
  Every passing day of reduced military funding levels creates an ever-
increasing risk for our men and women on the front lines. We should not 
ask them to continue to do more with less. This full-year Defense 
Appropriations bill needs to be enacted now, and may I say the other 11 
appropriations bills as well.
  Mr. VISCLOSKY. Mr. Speaker, I yield 4 minutes to the gentlewoman from 
New York (Mrs. Lowey), who is the ranking member on the full committee.
  Mrs. LOWEY. Mr. Speaker, first, I would like to say a few words about 
the retirement of my chairman, Rodney Frelinghuysen. Chairman 
Frelinghuysen has carried out his responsibilities with fairness and 
earnestness, and it has been such a pleasure to serve as ranking member 
during his chairmanship.
  I look forward, however, to working together for the remainder of 
this year on our shared goal: bipartisan and responsible full-year 
funding for all discretionary investments.
  Today, we are considering the FY 2018 Defense Appropriations bill for 
the third time, a time-wasting consequence of an agreement between the 
Speaker and rightwing Republicans--the third time. Last week, 
Republican leadership kicked the can down the road and passed yet 
another continuing resolution delaying investments in our military, 
education, infrastructure, biomedical research, and so much more.
  Yet again, the bill before us removes Congresswoman Barbara Lee's 
amendment to debate a new Authorization for Use of Military Force which 
received bipartisan support in the Appropriations Committee markup. 
This undemocratic maneuver, which the majority has repeated once again, 
is outrageous.
  In addition to the many procedural inequities, the majority's effort 
to increase defense spending is a mirage because the bill would turn 
off sequestration for defense in FY18, allowing Republicans to violate 
the spirit of our budget laws and increase defense spending while 
ignoring other investments that grow our economy, create jobs, and 
further provide for our security.
  This is hardly about fiscal responsibility. If it were, the majority 
would eliminate the seven slush funds in this bill that equals $28.6 
billion for a department that would receive far more than it requested.
  Four months into the fiscal year, the Federal Government is 
irresponsibly operating on the fourth continuing resolution. We do not 
have an agreement on top-line spending numbers, let alone an omnibus 
spending package ready when the current CR runs out next week on 
February 8. So, my friends,

[[Page H721]]

this is not the time to pat ourselves on the back for a job well done. 
On the contrary, we should be settling down and working together to 
pass spending bills for FY18.
  If the majority were serious about funding our military, then they 
would move forward toward a full-year, bipartisan omnibus that could 
pass both Chambers. Instead, they continue to show their inability to 
govern by leading us down a path that will require another CR that is 
detrimental to our men and women in uniform.
  Mr. Speaker, I urge my colleagues to oppose this bill.
  Ms. GRANGER. Mr. Speaker, I yield 3 minutes to the gentleman from 
Kentucky (Mr. Rogers), who is the chairman of the State, Foreign 
Operations, and Related Programs Subcommittee.
  Mr. ROGERS of Kentucky. Mr. Speaker, I thank the gentlewoman for 
yielding time.
  Mr. Speaker, I rise today in support of this fiscal year 2018 DOD 
Appropriations bill. Although I am proud to support this critical 
legislation, I will say that I am disappointed to be here, yet again, 
speaking in support of the DOD Appropriations bill as we, again, seek 
its passage in the House.
  Despite Chairman Frelinghuysen's Herculean efforts to complete all 12 
bills on time and passing several packages that included the Defense 
bill, the Senate refuses to act. We recently saw the effects of this 
when the government shutdown put great stress on the backs of our 
servicemembers and their families.
  Mr. Speaker, it is time that we push aside partisanship and do what 
is right for the country and for our national security by passing this 
bill. While it certainly represents the outcome of many hard choices, 
it prioritizes funding where our troops need it most. It wisely invests 
in readiness, training, maintenance, and procurement of new equipment 
and technology to ensure that our troops are prepared for the tasks 
before them.
  I am pleased that this bill takes care of our troops and their 
families at home by granting them a long-awaited 2.4 percent pay raise. 
Our Nation has been at war for nearly two decades, and our 
servicemembers have put their lives on the line to ensure that we can 
live our way of life. This raise represents just one small way for us 
to honor their service.
  Mr. Speaker, they say that the third time is the charm, and I hope 
this holds true here. After the House passes the bill, I urge the 
Senate to do so as well so that the President can sign this bill into 
law. According to the Constitution, it is the Congress' responsibility 
to provide for our common defense. This bill does just that.
  Mr. Speaker, I urge my colleagues to vote ``yes.''
  Mr. VISCLOSKY. Mr. Speaker, I yield 2 minutes to the gentlewoman from 
Minnesota (Ms. McCollum), who is the ranking member on the Interior, 
Environment, and Related Agencies Subcommittee and a member of the 
Defense Subcommittee.

                              {time}  1415

  Ms. McCOLLUM. Mr. Speaker, here we are again. For 4 months, the 
Federal Government has been operating under a series of short-term 
continuing resolutions. And as we approach yet another deadline to fund 
the government next week, the Republican majority is spending time on 
the floor today voting a third time on a Defense Appropriations bill 
that they know will not pass in the Senate.
  The most basic, fundamental responsibility of Congress is to provide 
adequate and timely funding for the entire Federal Government, both our 
national defense and our domestic priorities, for a full fiscal year. 
The fact that this bill is on the floor for a third time highlights the 
absolute failure of the Republican majority to advance a responsible 
budget process.
  Mr. Speaker, voting on the same bill three times is the very 
definition of playing political games. The American people deserve 
better than this continuing Republican chaos.
  Democrats and Republicans agree. We agree that defense spending is 
vitally important, but so is funding education, transportation, 
healthcare, and all the other Federal programs that all Americans and 
our military--their families, included--depend upon.
  If anyone doubts the harmful impacts of the endless stopgap spending 
bills, perhaps they should listen to our Secretary of Defense: ``For 
too long, we have asked our military to stoically carry a `success at 
any cost' attitude as they work tirelessly to accomplish the mission 
with now inadequate and misaligned resources, simply because the 
Congress could not maintain regular order.''
  If Republicans are serious about supporting our military, they should 
heed the Secretary's warning and work with Democrats on a bipartisan 
budget agreement to fund the entire government for the rest of the 
year. I have been ready. Democrats have been ready for months to work 
across the aisle to advance this process. It is long past time that 
Republicans join us.
  Ms. GRANGER. Mr. Speaker, I yield 2 minutes to the gentleman from 
California (Mr. Calvert), the chair of the Subcommittee on Interior, 
Environment, and Related Agencies.
  Mr. CALVERT. Mr. Speaker, I rise in strong support of this measure to 
fund the Department of Defense for fiscal year 2018.
  Today marks the 122nd day that our military has gone without funding 
for FY 2018. Like the rest of the Federal Government, it has been 
forced to operate under a CR for the past 4 months. Secretary of 
Defense James Mattis explained the impacts of operating under a CR, 
particularly those related to readiness and maintenance. They include a 
scaled-back training exercise across the services, the delayed 
introduction of 11 ships by the United States Navy, the postponement of 
all noncritical maintenance work orders by the Army, the curtailment of 
hiring and recruitment, rising acquisition costs from severed 
contracts, and renegotiated terms due to the CR.
  A CR means no new starts, and impacts to current readiness and future 
plans are disastrous. This must stop. Today's passage of this bill 
marks, as was pointed out, the third time we have passed the FY 2018 
Defense Appropriations bill in some form. Let's hope the third time is 
the charm.
  I commend Chairman Frelinghuysen and Chairwoman Granger on their 
tireless persistence and relentless determination on behalf of the U.S. 
servicemembers. 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 for 
training, equipment, and the best healthcare.
  I urge my colleagues to support this bill. I implore the Senate to 
act.
  Mr. VISCLOSKY. Mr. Speaker, I yield 2 minutes to the gentlewoman from 
Ohio (Ms. Kaptur), the ranking member on the Subcommittee on Energy and 
Water Development, and Related Agencies, and also a member of the 
Subcommittee on Defense.
  Ms. KAPTUR. Mr. Speaker, Groundhog Day isn't until Friday, but here 
we are again, voting for the third time in 7 months on a Defense bill 
that will go in the hole--nowhere. We are 9 days out from the threat of 
another shutdown and 4 months into the fiscal year of 2018, which 
started last October 1, yet we still have no budget framework from our 
Republican friends and their so-called leadership, nothing to direct 
appropriators on what numbers from which to negotiate funding for the 
entirety of the government--not just Defense, not just this account.
  Instead, Republican leadership wastes important, precious time to 
debate a bill that has already passed this Chamber twice before. 
Meanwhile, our Republican colleagues force the entire government to run 
on autopilot for over a third of the fiscal year and trumpet their 
claim that only they prioritize the military.
  How can anyone take this seriously?
  Republicans have provided no overall roadmap of a funding strategy 
for the Federal Government. They failed to agree within their own 
caucus on funding priorities, leaving them incapable to even begin to 
negotiate with Democrats. As a result, law dictates a defense funding 
level of $549 billion. That is a lot of money. Half a trillion. But 
here we are debating, for the third time, an astounding $659 billion 
for defense. That is $110 billion more. Hmm.

[[Page H722]]

  We can all agree that funding defense is a priority, but so are 
pensions, community health centers, Federal workforce training, the 
opioid crisis, keeping our waters clean, domestic security. Well, the 
list goes on, and each deserves attention.
  Why are we voting again on a lopsided bill that blows up budget caps 
when there are so many other bipartisan priorities?
  This is a partisan sideshow that attempts to mask Republican Party 
dysfunction. This is not leadership.
  The SPEAKER pro tempore. The time of the gentlewoman has expired.
  Mr. VISCLOSKY. Mr. Speaker, I yield the gentlewoman from Ohio an 
additional 30 seconds.

  Ms. KAPTUR. Mr. Speaker, I urge my colleagues to once again oppose 
this partisan talking point and demand action on an agreement to fund 
the entire government for the remaining part of this fiscal year. We 
have little more than a week to secure a plan for the remainder of 
2018, but it may be a road too far if Republicans don't come to the 
table to talk among themselves seriously and then be willing to 
negotiate with this side of the aisle.
  Ms. GRANGER. Mr. Speaker, I yield 2 minutes to the gentleman from 
Texas (Mr. Carter), chairman of the Homeland Security Subcommittee.
  Mr. CARTER of Texas. Mr. Speaker, I rise in support of this Defense 
Appropriations bill which will provide full-year funding for the 
Defense Department so they can continue to effectively defend our 
country from an ever-expanding threat which exists in the world today.
  This bill ends uncertainty and ineffectiveness of a continuing 
resolution, allows the DOD to plan and execute on the things they need 
to do today, not last year. Our military needs to modernize to face new 
threats it will face in this world, and they can't do that with a CR.
  This bill also lifts sequestration caps which have, to paraphrase 
Secretary Mattis, caused more harm to our military than any enemy. 
Lifting these caps for FY18 is essential towards improving the 
readiness of our force.
  The world is changing rapidly and so is the nature and threat to our 
military forces and what they face day and night. We owe it to our 
servicemen and -women to give them the resources to modernize their 
capabilities so that they can best face this threat.
  Mr. Speaker, our military is the greatest natural resource in the 
country. I am reminded of this every time I visit The Great Place, Fort 
Hood, in my district. The troops at Fort Hood are currently leading the 
fight against ISIS and will benefit from this bill, and we owe it to 
them.
  We sleep every night under the blanket of freedom they provide 
through their sacrifice. I am proud to support them and hopeful that we 
will pass this bill so we can give them what they need right now so 
they won't face the uncertainty of endless sequestration and CRs. I 
support this bill and encourage my colleagues to support it.
  And it is a current event. Last night, as I flew into Washington, 
D.C., we carried the remains of an American warrior. It is a current 
event. We are all responsible for it. We need to get this job done.
  Mr. VISCLOSKY. Mr. Speaker, I yield 3 minutes to the gentlewoman from 
California (Ms. Lee), my friend and a senior member of the 
Appropriations Committee.
  Ms. LEE. Mr. Speaker, let me thank the gentleman for yielding me time 
and for his tremendous leadership as our ranking member on the Defense 
Subcommittee of the Appropriations Committee.
  Mr. Speaker, I rise in opposition once again to this bill. I think 
the House has taken it up now for a third time this year.
  Let me just start by saying I grew up in a military family. I am a 
military brat. My dad fought in World War II and in the Korean War. He 
was stationed, among his posts, at Fort Bliss, Texas.
  And I want to say that supporting our troops, making sure that they 
have everything they need, is extremely important. And opposing this 
budget, for me, of course, does not reflect my support for our troops.
  But I just have to tell you, this bill appropriates the $664 billion 
in defense spending for this already out-of-control Pentagon budget. It 
also includes more than $75 billion for wars that Congress has never 
debated or voted on. And what is worse, this bill includes $1.2 billion 
in overseas contingency operations to increase troop levels in 
Afghanistan by 3,500 troops. This is really outrageous, and this fund 
should really be eliminated.
  Now, the Pentagon has failed to achieve the requirement to audit 
itself by 2017, and we know that billions of dollars have been found in 
waste, fraud, and abuse. That is unacceptable.
  Instead of writing blank checks--which is what I think this bill 
does, another blank check to the Pentagon--Congress needs to live up to 
its constitutional obligation to complete an audit, first of all, to 
determine how to make sure we have a rational defense budget that 
protects our national security and supports our troops, not to provide 
excess contracts that lead to waste, fraud, and abuse. We also need to 
debate matters of war and peace.
  So we need to pass my amendment, which I tried to do, quite frankly, 
last year in this very bill, that would sunset the 2001 AUMF, and it 
would give us 8 months--not immediately, but 8 months--to debate and 
vote on a new one before it would be enacted. It took 3 days to enact 
the last one. That is what the debate was. I am asking for 8 months.
  This important amendment would provide Congress plenty of time to do 
our job and finally have a debate on matters of war and peace. However, 
even though my amendment passed the Appropriations Committee in a 
bipartisan fashion, Republicans unilaterally decided to strip this 
amendment from the bill, really, I have to say, in the dead of night.

  The SPEAKER pro tempore. The time of the gentlewoman has expired.
  Mr. VISCLOSKY. Mr. Speaker, I yield the gentlewoman from California 
an additional 1 minute.
  Ms. LEE. Mr. Speaker, this was very undemocratic and underhanded, and 
it makes me wonder: What is the Speaker afraid of?
  So I asked for my amendment to be debated and voted on on the House 
floor, and again Republican leadership refused--really a shame. Our 
brave troops deserve us to come together and do this so that they know 
that their country has their back.
  I voted against the 2001 authorization because I believe it opened 
the door for any President to wage endless war without a congressional 
debate or vote. Quite frankly, unfortunately, history has borne that 
out.
  According to the Congressional Research Service report, the 2001 AUMF 
has been used more than 37 times in 14 countries to justify military 
action. This report examines only unclassified incidents, and it was 
conducted 3 years ago. So how many other operations have been conducted 
without the knowledge of Congress or the American people? These 
authorizations have also been used to justify perpetual wars that are 
thousands of miles away.
  I will conclude by saying that now any President--any President--can 
unilaterally wage war under this outdated authorization forever, 
really, until it is repealed. Now we have an administration bent on 
increasing our presence in Afghanistan and never leaving Syria, both 
wars that the American public know nothing about.
  Mr. Speaker, I urge a ``no'' vote on this bill, and reject this 
wasteful spending.
  Ms. GRANGER. I yield 2 minutes to the gentleman from Alabama (Mr. 
Aderholt), chairman of the Agriculture, Rural Development, Food and 
Drug Administration, and Related Agencies Subcommittee.

                              {time}  1430

  Mr. ADERHOLT. Mr. Speaker, I rise today to urge my colleagues to 
support this Defense Appropriations bill.
  It has been noted here already: a total of $659 billion for full-year 
funding for the Department of Defense, including $584 billion for base 
funding and $75.1 billion for overseas contingency operations. It also 
fully funds a 2.4 percent pay raise and supports an increase in troop 
numbers.
  When you add the $4.7 billion in emergency missile defense and other 
funds requested by the President in November, funding for this DOD 
appropriations totals $664 billion--fully consistent with the NDAA for 
FY 2018.

[[Page H723]]

  The House passed nearly identical legislation last year back in July, 
and then again in September.
  Despite the best efforts in the House, here we are again. We are 
doing this legislation again--the other body has failed--and we are 
operating on the fourth continuing resolution for FY 2018. That is the 
30th CR--or continuing resolution--that Congress has passed since 
January of 2011.
  The House passed each of the 12 appropriations bills and their 
individual subcommittees and each of the 12 appropriations bills in 
full committee markup, and each bill has seen the light of day on the 
House floor.
  The other body, Mr. Speaker, is a different story. Not one single 
appropriations bill has seen the light of day on the Senate floor. No 
progress has been made on any individual appropriations bills because 
that body can't seem to get them on the calendar. Part of that has been 
the demand of every administration nominee be discussed for a full 30 
hours--something that this Congress never did under President Obama.
  If going to a 51-vote process for appropriations bills is the only 
way to break this logjam, then such a decision should be made. I am on 
record for that idea, as are many Senators as well.
  Mr. Speaker, we find ourselves in this situation once again. The real 
question is: Will the other body do theirs?
  Mr. VISCLOSKY. Mr. Speaker, I yield 3 minutes to the gentlewoman from 
Florida (Ms. Wasserman Schultz), the ranking member on the Military 
Construction, Veterans Affairs, and Related Agencies Subcommittee.
  Ms. WASSERMAN SCHULTZ. Mr. Speaker, I thank the gentleman for 
yielding and for his leadership--particularly, his responsible 
leadership--as the ranking member of the Defense Appropriations 
Subcommittee.
  Mr. Speaker, I rise in strong opposition to the political gambit that 
the Republican leadership is pulling today.
  Virtually identical versions of the Defense Appropriations bill we 
are considering have already passed the House twice. The Republican 
majority is so bankrupt of ideas that they are now going around in 
circles playing political games.
  As a member of the Appropriations Committee, I strongly support 
moving appropriations bills through the committee and to the floor 
through regular order. I applaud all of my committee colleagues on both 
sides of the aisle for working in good faith on all 12 appropriations 
bills.
  But the appropriations process has been hijacked by Republican 
leadership and the rightwing ideologues who now run the House. 
Regardless of the outcome of today's vote, all appropriations bills 
will remain stuck in the swamp that is this Republican Congress.
  The reason for this holdup is that Republican so-called leaders have 
refused to work across the aisle toward an agreement on a budget that 
would prevent the gutting of investments in vital national priorities: 
from education to infrastructure, from healthcare to housing, from 
diplomacy to defense.
  We need to provide our military with the resources they need. There 
is no question about that. Instead, the Republican majority is using 
the brave servicemen and -women who defend our Nation as pawns in a 
partisan crusade that would undermine the nation our troops are 
defending.
  The stated Republican rationale for their intransigence is that they 
are concerned about the deficit, yet these are the same Republicans who 
voted to explode the deficit by more than $1.5 trillion in order to 
give a huge tax cut to big corporations and the top 1 percent.
  As each day passes, it becomes more and more clear that the 
priorities of the Republican majority are backward and immoral.
  Instead of expanding access to affordable healthcare, Republicans 
tried to repeal the Affordable Care Act and leave millions uninsured.
  Instead of investing in the middle class, Republicans gave a huge tax 
giveaway to those who have turned their backs on the middle class.
  Instead of building on bipartisan efforts to advance reasonable 
reforms to our immigration system, Republicans are trying to tear apart 
families and close the door on aspiring Americans.
  Instead of responsibly funding national priorities, Republicans are 
playing political games to distract from their failure to govern.
  Instead of investing in all of our people, Republicans are pitting us 
against each other to deflect the blame from where it belongs--with the 
party who controls both Houses of Congress and the White House.
  This is no way to keep the state of our union safe. This is no way to 
keep the state of our union strong.
  Mr. Speaker, I urge my colleagues to oppose this political charade. 
Let's work together to invest in all of our national priorities and 
make the state of our union more perfect.
  Ms. GRANGER. Mr. Speaker, I yield 3 minutes to the gentleman from 
Texas (Mr. Thornberry), the chairman of the House Armed Services 
Committee.
  Mr. THORNBERRY. Mr. Speaker, I thank the gentlewoman for yielding. I 
appreciate her strong, persistent leadership on behalf of our troops 
and our Nation.
  Mr. Speaker, in the days leading up to the most recent government 
shutdown, we heard a number of Members of both bodies, on the floor and 
in the press, say that they were opposed to that continuing resolution 
because of the damage that continuing resolutions do to the military. 
It is absolutely true that continuing resolutions do erode our fighting 
capability.
  This is the chance--the bill that the gentlewoman from Texas has 
brought--this is the chance to do it right. This is the chance to fully 
fund the military for the rest of the fiscal year and get them out of 
the CR mess. So all of those Members who came here to the well and have 
talked to the press and in the other body, who expressed concern about 
the damage that a CR does, this is the chance to fix that problem by 
voting for the bill that is before us today.
  Mr. Speaker, it is another opportunity to remove our troops from the 
partisan political morass that has seemed to bind them. We just heard 
in the previous speech everything from healthcare, taxes, funding for 
housing, the full panoply of issues. Some Members have used all of 
their desire to get an outcome they want on those other issues as an 
excuse for not funding our military.
  More recently, we have heard Members who say: Yes, I know the 
military needs to be funded, they need more money, but I can't support 
it until we have the outcome I want on an immigration issue.
  So from taxes and healthcare and immigration, it is all an excuse to 
not fund the military, to keep them hostage, until those other issues 
are resolved the way that Members want them to be.
  Mr. Speaker, I just think that is wrong. We need to set our military 
free of all of the other issues. I may well agree on finding a 
reasonable solution to the DACA issue. I may well agree on more funding 
for a number of domestic spending programs. But none of them, however 
important they may be, should be an excuse for failing to support the 
military so that when they go out and perform the missions our country 
asks them to perform, they are fully trained, fully supported, and 
equipped with the best that this country can offer.
  Mr. Speaker, I think it is important for all of us, whatever 
committee we serve on, to remember that the men and women who are out 
there risking their lives for us, do so unconditionally, whether it is 
in the mountains of Afghanistan, near the DMZ of Korea, whether they 
are doing exercises in Eastern Europe or the Middle East, they perform 
their service unconditionally. Our support for them should be 
unconditional, too.
  Mr. VISCLOSKY. Mr. Speaker, I reserve the balance of my time.
  Ms. GRANGER. Mr. Speaker, I yield 2 minutes to the gentleman from 
Pennsylvania (Mr. Rothfus).
  Mr. ROTHFUS. Mr. Speaker, I rise in support of this bill.
  I have said it before and I will say it again:
  Last summer, the House passed all 12 appropriations bills before the 
2018 fiscal year started on October 1. In those bills, we appropriated 
the funds necessary to equip our servicemembers with the resources they 
need to defend this country in the face of threats from North Korea, 
China, Russia, al-Qaida,

[[Page H724]]

ISIS, Iran, and cyber threats, just to name a few.
  Yet our servicemembers have been routinely denied access to these 
resources as Senate Democrats have been holding back the full funding 
of our armed services. In doing so, they ask our servicemembers to go 
into battle with aging equipment and insufficient resources, risking 
their lives to defend America. Just 10 days ago, we had another 
helicopter accident and we lost two pilots who were in an Apache.
  Our men and women in uniform haven't even had a modest pay raise in a 
very long time. It is time to deliver on this commitment.
  Mr. Speaker, we have the opportunity at times to visit our troops 
overseas. I had the opportunity at the end of last year to look into 
the young faces of our men and women over there. They are expecting us 
to do this.
  I would like to remind my colleagues across the aisle that our 
adversaries are on the move. Russia and China are expansionists now. 
North Korea and Iran fire off ballistic missiles at our allies, 
destabilizing those regions. There is no doubt that our inaction only 
emboldens them.
  Mr. Speaker, we must rebuild our military before it is too late. The 
choice is easy: we either deter our enemies through superior strength, 
or we risk greater conflict by demonstrating weakness.
  Let me be clear: what we spend on our defenses should not be a 
function of any other program. It should be a function of the threats 
our Nation faces and what we owe our servicemembers in the field.
  Mr. Speaker, I implore my colleagues across the aisle to fund our 
military today.
  Mr. VISCLOSKY. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I would simply close at the point where I began and ask 
the Members of this institution at large--the United States Congress, 
both Houses--to please give the Appropriations Committees numbers for 
defense and discretionary spending so that under the leadership of 
Chairman Frelinghuysen and Mrs. Lowey, in this case under Chairwoman 
Granger, myself, and the other 11 subcommittees, we can finish our 
work. It is less than 2 weeks before we will begin fiscal year 2019. I 
would ask my colleagues to please give us those numbers so that we can 
do our work effectively.
  Mr. Speaker, I yield back the balance of my time.
  Ms. GRANGER. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, as we conclude our remarks and, again, call for a vote 
on this very important bill, I want to express my respect and 
appreciation for the help of Ranking Member Visclosky, and certainly 
for the leadership of Appropriations Chairman Rodney Frelinghuysen. I 
have been fortunate to follow the chairman, as chair of Defense 
Appropriations, and I speak for all who serve on his committee, who 
look to him for leadership and respect him for his service. He is an 
extraordinary public servant and a model for us all, and we thank him.
  Mr. Speaker, the time is long past for Congress to fulfill their 
duty. I urge all Members to support this bill, and I yield back the 
balance of my time.
  The SPEAKER pro tempore. All time for debate has expired.
  Pursuant to House Resolution 714, the previous question is ordered.
  The question is on the motion by the gentlewoman from Texas (Ms. 
Granger).
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Ms. GRANGER. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, this 15-
minute vote on adoption of the motion will be followed by a 5-minute 
vote on:
  Suspending the rules and passing H.R. 4292.
  The vote was taken by electronic device, and there were--yeas 250, 
nays 166, not voting 14, as follows:

                             [Roll No. 49]

                               YEAS--250

     Abraham
     Aderholt
     Allen
     Amodei
     Arrington
     Babin
     Bacon
     Banks (IN)
     Barletta
     Barr
     Barton
     Bera
     Bergman
     Biggs
     Bilirakis
     Bishop (GA)
     Bishop (MI)
     Bishop (UT)
     Black
     Blum
     Bost
     Brady (TX)
     Brat
     Bridenstine
     Brooks (AL)
     Brooks (IN)
     Brownley (CA)
     Buchanan
     Buck
     Bucshon
     Budd
     Burgess
     Bustos
     Byrne
     Calvert
     Carbajal
     Carter (GA)
     Carter (TX)
     Chabot
     Cheney
     Coffman
     Cole
     Collins (GA)
     Collins (NY)
     Comer
     Comstock
     Conaway
     Cook
     Cooper
     Costello (PA)
     Cramer
     Crawford
     Culberson
     Curbelo (FL)
     Curtis
     Davidson
     Davis, Rodney
     Denham
     Dent
     DeSantis
     DesJarlais
     Diaz-Balart
     Donovan
     Duffy
     Duncan (SC)
     Dunn
     Emmer
     Estes (KS)
     Farenthold
     Faso
     Ferguson
     Fitzpatrick
     Fleischmann
     Flores
     Fortenberry
     Foxx
     Frelinghuysen
     Gabbard
     Gaetz
     Gallagher
     Garamendi
     Garrett
     Gianforte
     Gibbs
     Gohmert
     Goodlatte
     Gosar
     Gottheimer
     Gowdy
     Granger
     Graves (GA)
     Graves (LA)
     Graves (MO)
     Griffith
     Grothman
     Guthrie
     Handel
     Harper
     Harris
     Hartzler
     Hensarling
     Herrera Beutler
     Hice, Jody B.
     Higgins (LA)
     Hill
     Holding
     Hollingsworth
     Hudson
     Huizenga
     Hultgren
     Hunter
     Hurd
     Jenkins (KS)
     Jenkins (WV)
     Johnson (LA)
     Johnson (OH)
     Johnson, Sam
     Jordan
     Joyce (OH)
     Katko
     Kelly (MS)
     Kelly (PA)
     King (IA)
     King (NY)
     Kinzinger
     Knight
     Kuster (NH)
     Kustoff (TN)
     Labrador
     LaHood
     LaMalfa
     Lamborn
     Lance
     Latta
     Lewis (MN)
     LoBiondo
     Loebsack
     Long
     Loudermilk
     Love
     Lucas
     Lujan Grisham, M.
     MacArthur
     Maloney, Sean
     Marchant
     Marino
     Marshall
     Mast
     McCarthy
     McCaul
     McHenry
     McKinley
     McMorris Rodgers
     McSally
     Meadows
     Meehan
     Messer
     Mitchell
     Moolenaar
     Mooney (WV)
     Mullin
     Murphy (FL)
     Newhouse
     Noem
     Norman
     Nunes
     O'Halleran
     O'Rourke
     Olson
     Palazzo
     Palmer
     Paulsen
     Pearce
     Perry
     Peters
     Peterson
     Pittenger
     Poliquin
     Posey
     Ratcliffe
     Reed
     Reichert
     Renacci
     Rice (SC)
     Roby
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rohrabacher
     Rokita
     Rooney, Francis
     Rooney, Thomas J.
     Ros-Lehtinen
     Rosen
     Roskam
     Ross
     Rothfus
     Rouzer
     Royce (CA)
     Ruiz
     Russell
     Rutherford
     Scalise
     Schneider
     Schweikert
     Scott, Austin
     Sensenbrenner
     Sessions
     Shimkus
     Shuster
     Simpson
     Sinema
     Smith (MO)
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smucker
     Stefanik
     Stewart
     Stivers
     Taylor
     Tenney
     Thompson (PA)
     Thornberry
     Tipton
     Trott
     Turner
     Upton
     Valadao
     Veasey
     Wagner
     Walberg
     Walden
     Walker
     Walorski
     Walters, Mimi
     Weber (TX)
     Webster (FL)
     Wenstrup
     Westerman
     Williams
     Wilson (SC)
     Wittman
     Womack
     Woodall
     Yoder
     Yoho
     Young (AK)
     Young (IA)
     Zeldin

                               NAYS--166

     Adams
     Aguilar
     Amash
     Barragan
     Bass
     Beatty
     Beyer
     Bonamici
     Boyle, Brendan F.
     Brady (PA)
     Brown (MD)
     Butterfield
     Capuano
     Carson (IN)
     Cartwright
     Castor (FL)
     Castro (TX)
     Chu, Judy
     Cicilline
     Clark (MA)
     Clarke (NY)
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly
     Correa
     Costa
     Crist
     Crowley
     Cuellar
     Davis (CA)
     Davis, Danny
     DeFazio
     DeGette
     Delaney
     DeLauro
     DelBene
     Demings
     DeSaulnier
     Deutch
     Dingell
     Doggett
     Doyle, Michael F.
     Duncan (TN)
     Ellison
     Engel
     Eshoo
     Espaillat
     Esty (CT)
     Evans
     Foster
     Frankel (FL)
     Fudge
     Gallego
     Gomez
     Gonzalez (TX)
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hanabusa
     Hastings
     Heck
     Higgins (NY)
     Himes
     Hoyer
     Huffman
     Jackson Lee
     Jayapal
     Jeffries
     Johnson (GA)
     Kaptur
     Keating
     Kelly (IL)
     Khanna
     Kihuen
     Kildee
     Kilmer
     Kind
     Krishnamoorthi
     Langevin
     Larsen (WA)
     Larson (CT)
     Lawrence
     Lawson (FL)
     Lee
     Levin
     Lewis (GA)
     Lieu, Ted
     Lipinski
     Lofgren
     Lowenthal
     Lowey
     Lujan, Ben Ray
     Lynch
     Maloney, Carolyn B.
     Massie
     Matsui
     McCollum
     McEachin
     McGovern
     McNerney
     Meeks
     Meng
     Moore
     Moulton
     Nadler
     Napolitano
     Neal
     Nolan
     Norcross
     Pallone
     Panetta
     Pascrell
     Payne
     Pelosi
     Perlmutter
     Pingree
     Pocan
     Polis
     Price (NC)
     Quigley
     Raskin
     Rice (NY)
     Richmond
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sanchez
     Sanford
     Sarbanes
     Schakowsky
     Schiff
     Schrader
     Scott (VA)
     Scott, David
     Serrano
     Sewell (AL)
     Shea-Porter
     Sherman
     Sires
     Slaughter
     Smith (WA)
     Soto
     Speier
     Suozzi
     Swalwell (CA)
     Takano
     Thompson (CA)
     Thompson (MS)
     Titus
     Tonko
     Torres
     Tsongas
     Vargas
     Vela
     Velazquez
     Visclosky
     Walz
     Wasserman Schultz
     Waters, Maxine
     Watson Coleman
     Welch
     Yarmuth

                             NOT VOTING--14

     Blackburn
     Blumenauer
     Blunt Rochester
     Cardenas
     Courtney
     Cummings
     Issa
     Johnson, E. B.
     Jones
     Kennedy
     Luetkemeyer
     McClintock
     Poe (TX)
     Wilson (FL)

[[Page H725]]


  


                              {time}  1511

  Messrs. CARSON of Indiana and CRIST changed their vote from ``yea'' 
to ``nay.''
  Messrs. LUCAS, JORDAN, COFFMAN, and CARBAJAL changed their vote from 
``nay'' to ``yea.''
  So the motion to concur was agreed to.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.
  Stated for:
  Mr. POE of Texas. Mr. Speaker, I was unavoidably detained. Had I been 
present, I would have voted ``yea'' on rollcall No. 49

                          ____________________