[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
____________________