[Congressional Record Volume 164, Number 107 (Tuesday, June 26, 2018)]
[House]
[Pages H5706-H5741]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2019
The SPEAKER pro tempore. Pursuant to House Resolution 961 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the state of the Union for the consideration of the bill, H.R. 6157.
The Chair appoints the gentleman from Texas (Mr. Poe) to preside over
the Committee of the Whole.
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In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the state of the Union for the consideration of the bill
(H.R. 6157) making appropriations for the Department of Defense for the
fiscal year ending September 30, 2019, and for other purposes, with Mr.
Poe of Texas in the chair.
The Clerk read the title of the bill.
The CHAIR. Pursuant the rule, the bill is considered read the first
time. General debate shall be confined to the bill and shall not exceed
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. Chair, I yield myself such time as I may consume.
Mr. Chair, I am pleased to bring the Defense Appropriations bill for
fiscal year 2019 to the House floor for consideration.
Congress' number one responsibility is to provide for the defense of
this Nation. It is this bill that fulfills that most fundamental
constitutional duty.
Last year, General Dunford, Chairman of the Joint Chiefs of Staff
said: ``The U.S. military's competitive advantage against potential
adversaries is eroding. Over the last decade, sustained operational
commitments, budgetary instability, and advances by our adversaries
have threatened our ability to project power and we have lost our
advantage in key warfighting areas.''
My approach to funding this bill is based on that statement. The
priorities funded in this bill not only stop the erosion, but also
enable our military to restore and increase the competitive advantage.
This is all possible because of the bipartisan budget agreement which
has allowed us to provide the necessary resources.
The fiscal year 2018 Defense Appropriation Act took the first step in
rebuilding our military by addressing the toll taken on readiness, and
began to make investments to improve our competitive advantage.
Building on the gains we made in 2018 and guided by the new National
Defense Strategy, the bill before you is the next critical step to
enable Secretary Mattis to build a more lethal, resilient, and rapidly
innovating joint force that can defeat the adversaries we face today
and those we will face in the future.
The bill also supports the Secretary's efforts to work by, with, and
through our allies and partners to help share the burden while
protecting America's interests around the world.
This bill reflects the advice the subcommittee received in hearings,
briefings, and meetings with Secretary Mattis, Chairman Dunford, the
leadership of the military services, the Intelligence Committee, and
other national security experts.
The bill provides a total of $675 billion to the Department for
fiscal year 2019. This is $19 billion above the fiscal year 2018 level
and is consistent with total funding level in the House-passed
authorization bill.
The bill provides full funding to address military personnel needs,
including: full funding for an additional 16,400 active, guard and
reserve soldiers, sailors and airmen. And full funding for the 2.6
percent pay raise for our troops.
The bill provides critical funding to repair and improve our military
readiness, including $1 billion over the request for training and
equipping our troops, including the National Guard and Reserve, and for
training, equipment, maintenance and spare parts, and base operations.
It includes $21 billion for depot maintenance to get our planes and
ships back in working order.
For procurement, the bill provides adequate funding to modernize the
force. Major investments include: increased funds for Strykers, Abrams
tanks, Humvees, and other ground mobility vehicles.
And to maintain air superiority, we provide increases for key
platforms such as the Joint Strike Fighter, Apaches, Lakotas, Ospreys,
Black Hawks, and C-130s.
We maintain our commitment to the National Guard and Reserve
components, providing $1.3 billion over the request, specifically for
their equipment needs.
For shipbuilding, we fund 12 Navy ships, 2 more than requested.
To ensure our technological edge against our adversaries, $95 billion
is included for research and development.
We keep our commitment to take care of our servicemembers and their
families by providing over $34 billion for defense health programs,
including $752 million over the request for medical research.
To address growing concerns on and around our military bases, we
include over $1.2 billion to address environmental remediation and
restoration.
For ongoing global war on terrorism operations, the bill provides
funding for additional intelligence, surveillance, and reconnaissance
for the warfighter, and $250 million for Ukraine.
Given the serious challenges and significant resources at stake, the
committee continues to exercise strong oversight over the Department to
ensure that our constituents' tax dollars are being spent wisely.
Mr. Chair, I want to thank my ranking member and partner, Mr.
Visclosky. His input has been invaluable. The bill before us is better
because of his involvement.
I also want to thank our full committee ranking member, Mrs. Lowey,
for her support for this important work done in this bill. Most
importantly, I want to thank my full committee chairman and the
previous subcommittee chairman, the gentleman from New Jersey (Mr.
Frelinghuysen), for his leadership and his support.
Sadly, this is the last Defense Appropriation bill that the chairman
will manage in Congress.
{time} 1615
Throughout his service, he has shown an unwavering commitment to the
needs of our military and intelligence communities. I will miss his
wise counsel and steadfast commitment to the members of our military
services.
I want to thank all Members for their participation and input as we
put together this bill. The subcommittee received over 6,600 requests
from Members. The bill incorporates their ideas and recommendations,
and I thank them for their continued support.
I would like to personally thank our hardworking staff for helping
make this bill possible. On our majority staff: Jennifer Miller, Walter
Hearne, Brooke Boyer, B. G. Wright, Allison Deters, Collin Lee, Matt
Bower, Jackie Ripke, Hayden Milberg, Bill Adkins, Sherry Young, and
Barry Walker.
On our minority staff: Becky Leggieri, Jennifer Chartrand, and Chris
Bigelow. On my personal staff: Johnnie Kaberle, Jon Fay, and Spencer
Freebairn.
In closing, Mr. Chairman, the Defense Appropriations bill for fiscal
year 2019 is a great bill that takes the next critical step in
rebuilding our military.
Mr. Chairman, I urge my colleagues to support this bill, and I
reserve the balance of my time.
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Mr. VISCLOSKY. Mr. Chairman, 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. Chairman, I would like to start by expressing my
appreciation for how Chairwoman Granger has conducted the business of
this subcommittee. Her abiding priority has remained the safety,
effectiveness, and efficiency of every man and woman in uniform.
Additionally, she has taken a thoughtful and bipartisan approach to our
work. She has been transparent, considerate of every Member's request
in this body, and is a fierce defender of the oversight
responsibilities and constitutional prerogatives of the Congress.
I would also like to express my gratitude to Chairman Frelinghuysen,
Ranking Member Lowey, and the other members of the subcommittee for
their efforts. This legislation would not have happened without the
incredibly skilled staff that the chairwoman has just enumerated, and I
will join her in thanking them for their outstanding work.
I would also be remiss if I did not also use a portion of my time to
recognize that this will be the last time I will manage time on a
Defense appropriations bill with my very good friend, Chairman Rodney
Frelinghuysen, on the floor with us. He is a consummate gentleman,
decent to his core, a tireless advocate for the people he represents,
and always working for the best interest of our Nation and those
wearing its uniform. He will be sorely missed, and this body will be
lesser without him. I thank him for his service, and I thank him deeply
for his friendship.
With regards to the matters before us, I would like to begin by
calling attention to an issue of great importance to me: the full
integration of women in the military. Female servicemembers are
invaluable to the defense of our Nation. For the majority of the time
that they have been allowed in the military, women have had to
assimilate into a culture established by men for men. This is not the
best way to maximize the effectiveness of our armed services.
While I appreciate the opening of combat career fields to women and
the Department's emerging effort to ensure that combat equipment is
designed and fitted for female servicemembers, I would submit that
these are immediate-term solutions.
Bluntly, the rate at which women leave the service is detrimental to
its readiness. Some of the reasons for their departures are glaringly
obvious and will be difficult to overcome because they will require
cultural and significant policy changes. But I am pleased that the
House Armed Services Committee in their fiscal year 2019 authorization
bill has taken a step to establish a female retention baseline and
developed ways to improve female retention. Initiatives like these will
help the Appropriations Committee to better focus funding where it can
be most effective.
Specific to the bill, the chairwoman has provided an accurate
summary, but there are a few areas I would like to highlight. This bill
increases funding by almost $200 million above the budget request for
several important environmental cleanup accounts. The subcommittee
under Chairwoman Granger and previously under Chairman Frelinghuysen
has been very proactive on emergency environmental issues, including
those caused by firefighting chemicals. Those living on or near
military facilities and everyone throughout our country should not have
to worry about access to clean drinking water.
Oversight of the management and expenditure of $674 billion is a core
function of this subcommittee. As such, this bill contains several cuts
to accounts that have large, unobligated balances or have under
executed. The funds generated by those cuts have been invested in
programs and initiatives that provide more benefit to our country and
the warfighter. Unlike the recently debated and much-ballyhooed
rescission bill, these are actions of real substance that will benefit
the taxpayer.
I believe good oversight is fostered by constructive and informed
dialogue between the committee and the agencies. Oversight cannot be
effective when proposals are presented at the last minute with the
intention of forcing a decision. Oversight cannot be effective when
complex changes to a program are first communicated to the legislative
branch through the media. I have great respect for the service
secretaries and chiefs, but there needs to be an improvement in the
timeliness and quality of communication. The committee report to
accompany this bill contains several sections encouraging the
department as a whole and with a special focus on the Army to adhere to
congressional direction, increased transparency for budget exhibits,
and improve the quality and timeliness of communication.
I am cautiously optimistic that the bipartisan budget agreement,
which provided relief from the Budget Control Act, will provide a
pathway for completing the fiscal year 2019 bills in a somewhat timely
manner. However, the next two fiscal years present daunting obstacles
to make it even more important to complete our work as soon as
possible.
Most obvious is the return of the BCA caps for fiscal year 2020,
which if left unchanged will require the department's base funding to
be reduced by $71 billion from the level provided in this bill. A
reduction of that magnitude would cause great disruption. Inexplicably,
multiple Congresses have managed to alleviate the budget caps for 7 of
8 years, but only after significant and protracted political theater. I
know the senior leaders in the Pentagon are not taking chances and have
begun to identify programs to cut in 2020 that will carry the least
associated risk for the warfighter if these caps are not adjusted.
Additionally, senior military leaders have testified that arresting
the erosion of our military's competitive advantage requires real
budget growth of at least 3 percent above inflation through 2023, and
that increasing that competitive advantage would require even higher
growth. I agree with the assessment that we need to make smart
investments, but I do not believe a growth rate of that magnitude is
sustainable. Unless we act responsibly on the revenue side of the
budget and address entitlements in a meaningful fashion, the money will
not be there.
While we are on the floor today debating the funding for the DOD
bill, we must consider that maintaining our competitive advantage in
defense also requires other investments that we do not immediately
equate with military matters. As only 29 percent of Americans aged 17
to 24 qualify for military service, investments in our youth,
difficult-to-retain populations, education, and public health are
equally important.
Since fiscal year 2016, the annual funding level for the Department
of Defense has increased by $100 billion. To put this into context, a
$100 billion increase is larger than the annual budget for the
Department of Health and Human Services, the Department of Education,
and the Department of Transportation. It is greater than the combined
annual budgets of the Department of Homeland Security and the
Department of the Interior.
Finally, I remain concerned that while we have seen plenty of long-
awaited, long-term planning and strategy documents generated by the
Pentagon and the White House over the last 500 days, the bulk of our
ongoing military operations continue to be authorized by legislation
from 17 years ago. There have been four Presidential elections and
eight congressional elections since 2001 and its Authorization for Use
of Military Force. I am disappointed that the Rules Committee did not
make in order any amendments on this matter. It is a shame that this
Congress cannot muster the will to even talk about this important
issue.
Mr. Chairman, in closing, I, again, thank the chairwoman for her
great effort and her true partnership, and I reserve the balance of my
time.
Ms. GRANGER. Mr. Chairman, I yield 6 minutes to the gentleman from
New Jersey (Mr. Frelinghuysen), who is the chairman of the
Appropriations Committee.
Mr. FRELINGHUYSEN. Mr. Chairman, I want to thank the gentlewoman for
the time and rise in strong support of her bill, the Defense
appropriations
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bill. I know I join Mrs. Lowey in congratulating Ms. Granger and Mr.
Visclosky for their excellent Defense appropriations bill and their
joint dedication to a very bipartisan product. They continue, I think,
a very proud tradition.
Let me also acknowledge and thank the men and women who helped
produce the bill who stand or sit behind us and who have been mentioned
by both the ranking member and chairman. I want to thank them for
making us look good and making sure that we have a very professional
product.
I do want to take the opportunity to thank the personal staff of the
members on the committee as well as Steve Wilson from my office who has
worked on my behalf for 15 years on defense issues.
The distinguished chair, Ms. Granger, and Mr. Visclosky have outlined
the specific recommendations and highlights of their bill. As we are
aware, the bill totals $675.6 billion for the Department of Defense.
This is consistent, as Ms. Granger has mentioned, with the bicameral,
bipartisan budget agreement hammered out last spring.
In addition to the increased funding in this bill, the balanced
budget agreement also has provided what we call critically important
stability and predictability to the Department of Defense, our Armed
Forces, and our defense industrial base. Enhancing their ability to
plan even in the short term is good news for national defense and that
of our partners.
For the future, I am deeply concerned that a return to the arbitrary
caps established under the Budget Control Act 8 years ago would again
force a return to the shortsighted, budget-driven thinking on national
security spending that took place in recent years.
Mr. Chairman, the rebuilding of our military continues today with
this legislation. This bill includes funding for more equipment, more
munitions, more troops, and more training. Restoring readiness is a key
objective of this proposal.
We routinely ask our men and women in uniform--all volunteers--to go
to great lengths to complete their missions, and they must be well-
equipped, well-trained, and well-supported. That is why this bill
includes $246 billion for operation and maintenance--funding that will
provide for more battle training, more flight hours, more steaming
days, and more depot maintenance.
The bill also includes a total of $144 billion for military
personnel, increasing the size of the Army, Navy, Air Force, and
Marines. I would also note that the chairman has mentioned we provide a
2.6 percent pay increase for our troops--the largest such pay increase
in 9 years.
The bill also looks after our Armed Forces and their families by
providing funding for the Defense Health Program, continuing critical
research, and sustaining the well-being of our military's most valuable
resource--its people.
Beyond these important investments that will rebuild our military in
the near term, the bill prepares for the future by providing research
and development funding to modernize our military to meet current and
future threats: the continued menace of terrorist networks in the
Middle East, Southeast Asia, and Africa; ongoing threats by Iran and
North Korea; the belligerent re-emergence of China; and the military
expansionism of Russia and China.
Mr. Chairman, the legislation also acknowledges emerging dangers and
challenges at home and abroad posed by drones, cyber war, and
transnational crime, and makes investments in capabilities such as ISR
and artificial intelligence to prepare and protect against these
threats.
In short, this bill prepares our warfighters to meet any challenge
anywhere at any time.
Mr. Chairman, the Department of Defense appropriations bill before
the House today is the largest and arguably the most important bill of
our annual appropriations process. It deserves our support.
{time} 1630
I congratulate the chairman, Ms. Granger, and Mr. Visclosky for
putting forward an excellent bill on behalf of our Nation.
Mr. VISCLOSKY. Mr. Chairman, I yield 4 minutes to the gentlewoman
from New York (Mrs. Lowey), the ranking member of the committee.
Mrs. LOWEY. Mr. Chairman, at the outset, I, too, want to thank
Chairwoman Granger, Mr. Frelinghuysen, and Mr. Visclosky for the
coordinated, collegial approach in producing this very outstanding
bill. Of course, the entire staff on both sides of the aisle, I thank
them for their important work. We couldn't do it without them, for
sure.
The bill does reflect the collegial and bipartisan tradition of the
Defense Subcommittee, providing ample funding for the needs of our
armed services and intelligence community.
There are a number of provisions I would like to highlight:
Servicemembers receive a 2.6 percent pay raise, although I am
concerned their civilian counterparts who work side-by-side with
uniformed personnel will not see any increase;
$752 million is dedicated to congressionally directed medical
research programs that are so critical and lead to breakthroughs on
cancer, PTSD, Parkinson's, and more;
$8.4 is directed to bolster cybersecurity initiatives, $100 million
above the enacted level; and,
$500 million, the full amount in the MOU, is invested in the Israeli
Missile Defense Cooperative program.
The committee has taken its oversight responsibilities seriously to
encourage greater efficiency, improve transparency, strengthen
communication, and ensure the Department of Defense adheres to
congressional direction.
Unlike other spending measures considered this year, this bill is the
product of an inclusive process that invests in bipartisan priorities
and is free of poison pill riders. It was written within the funding
levels agreed upon in the most recent budget agreement, skipping OCO-
to-base gimmicks previously employed to skirt the capped funding
levels.
Mr. Chairman, I urge its support.
Ms. GRANGER. Mr. Chairman, I yield 2 minutes to the gentleman from
Arkansas (Mr. Womack), a member of the Defense Subcommittee.
Mr. WOMACK. Mr. Chairman, I am proud today to rise in support of H.R.
6157, the Department of Defense Appropriations Act for fiscal year
2019.
I, too, want to commend Chairwoman Granger, Ranking Member Visclosky,
and every member of our subcommittee for their commitment in providing
for the common defense. I am honored by the opportunity to work with
them to fulfill our duty to our Nation and our warfighters.
Earlier this year, Mr. Chairman, this body and our President made a
strong commitment to our military by passing necessary funding
increases to meet our growing global threats. I am happy to report this
bill continues that momentum by rebuilding readiness and giving our
troops the equipment they need to combat near-peer threats.
Most importantly, this bill supports our warfighters through
investments in training, recruitment, and retention, while providing
them a much-deserved pay raise.
I am particularly pleased that the bill prioritizes funding for the
total force. Mr. Chairman, as a 30-year veteran of the National Guard,
I know firsthand the important role the National Guard and Reserve
forces play in our national defense. They are no longer simply a
strategic reserve. They operate side-by-side with members of the Active
component every day, and this bill makes sure that they go into the
fight with necessary training and equipment.
This is a good bill, Mr. Chairman, and I am proud to see it makes
significant investments in Arkansas' defense industry and acknowledges
the important role these Arkansas businesses play in supplying our
Armed Forces.
With an ally in the White House, we can work with our colleagues in
the Senate to provide our defenders what they need and deserve, and
that is our unyielding support.
I call on my colleagues on both sides of the aisle to make a
statement of strength today and to show our enemies that, regardless of
our disagreements, we will always support our men and women who
willingly go into harm's way to defend America's freedom.
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I urge a ``yes'' vote on the bill.
Mr. VISCLOSKY. Mr. Chairman, I yield 2 minutes to the gentlewoman
from Minnesota (Ms. McCollum), the ranking member of the Interior,
Environment, and Related Agencies Subcommittee.
Ms. McCOLLUM. Mr. Chair, I thank Chairwoman Granger, Ranking Member
Visclosky, and the staff for their hard work on this legislation.
The FY19 defense bill funds to the levels of the bipartisan budget
agreement, providing robust investments in the Department of Defense. I
believe we have achieved a bipartisan product that will improve the
readiness of our servicemembers, to ensure that they have the training
and the equipment necessary to do their jobs and come home safely.
Additionally, this bill makes serious investments in environmental
cleanup by funding the environmental remediation accounts at almost
$200 million over the President's request. This is a commitment that
will ensure communities living on or around our military installations
have access to clean drinking water.
In Minnesota, this fund has been critical to cleaning up the Twin
Cities Army Ammunition Plant. It is a site in my district. That
restoration has made community and business development possible on
what was once deeply polluted land.
But I do want to mention one longstanding concern I have regarding
the amount of money that we are set to spend on the Pentagon's Nuclear
Posture Review over the next decade. We already have a credible
nuclear deterrent, spending more than $1 trillion on the nuclear triad
and billions more on low-yield nuclear weapons we don't need.
It does not make a lot of budgetary sense to move forward on this
program. The American people don't see the sense in this either. That
is why I don't support this program.
Again, I want to thank the chair and the ranking member for their
work.
Ms. GRANGER. Mr. Chairman, I yield 3 minutes to the gentleman from
Florida (Mr. Rutherford), a member of Appropriations Committee.
Mr. RUTHERFORD. Mr. Chairman, I rise today as a proud member of the
House Appropriations Committee in strong support of H.R. 6157, the
fiscal year 2019 Defense Appropriations bill.
This legislation makes critical investments in restoring our
military's readiness, supports our men and women in uniform with the
largest pay increase in 9 years, and furthers Congress' commitment to
making America safer and stronger.
I also want to thank Chairwoman Granger and her staff for including
funding for several programs that are important not only to our Nation,
Mr. Chairman, but also to my district in northeast Florida. This
includes the procurement of 6 E-2D Advanced Hawkeyes, 10 P-8A Poseidon
aircraft, 24 F/A-18 Super Hornets, 3 MQ-4C Triton unmanned aerial
vehicles, and funding for the Air Force's potential purchase of a light
attack aircraft.
As a representative of Naval Station Mayport, which is the East Coast
homeport for the littoral combat ship, I am especially proud to see the
committee reject the Navy's request of only one LCS for this fiscal
year. Procuring three of these small surface combatants, in addition to
funding two LCS training facilities at Mayport in the MILCON/VA
appropriations bill we passed earlier this year, is proof of Congress'
continued support of this program and to the health of our Nation's
shipyards. Both are essential to the future of our Navy and to our
national security.
As we continue to see global threats on the rise and our peer
adversaries invest more and more in their own capabilities, I believe
we have the responsibility to give our brave men and women in uniform
the tools they need to protect this Nation. This bill builds on the
progress we made in fiscal year 2018 to do just that.
Again, I would like to thank Chairwoman Granger, Chairman
Frelinghuysen, and both of their staffs for their hard work on this
very important piece of legislation, which I hope the President can
sign before the end of this fiscal year.
Mr. VISCLOSKY. Mr. Chairman, I yield 2 minutes to the gentlewoman
from Ohio (Ms. Kaptur), ranking member of the Energy and Water
Development, and Related Agencies Subcommittee.
Ms. KAPTUR. Mr. Chairman, I thank the ranking member for yielding,
and I wish to congratulate Chair Granger and Ranking Member Visclosky
for their tireless efforts to produce this bill to meet several
unsettled security threats facing our Nation. The content of their
effort addresses difficult, shifting challenges.
With a National Defense Strategy delivered just months ago, this bill
defends America against the revisionist powers of Russia and China and
numerous rogue regimes throughout the world. It rebuilds our military
from a deteriorated state resulting from nearly two decades of constant
conflict.
This bill faces these challenges head-on and provides an
unprecedented $675 billion for defense, defending our Nation from all
enemies, foreign and domestic. The funds will go a long way to
strengthen troop levels, bolster cybersecurity and space operations
capability, gird our commitment to our allies and partners in NATO,
check sovereign threats to nations like Ukraine, and numerous other
priorities.
Most importantly, after 17 years of war and conflict, this bill
prioritizes the health of our servicemembers, providing $34 billion for
the Defense Health Program. It increases funding for defense health
research in the areas of mental health, traumatic brain injury, opioid
abuse and pain management, and a host of other critical health research
efforts.
While I am supportive of this bill, and trust Secretary Mattis to
lead us ethically with the utmost integrity, recent news reports that
seek to utilize Department of Defense assets on the domestic front
raise cause for concern. I am apprehensive about the news that our
military was asked to house undocumented adults and children as they
await court proceedings.
In conclusion, I am here today to urge my colleagues to support the
defense bill. This legislation provides funds for much-needed
technological advancements; strengthens the physical and mental health
of our servicemembers; and reinforces our military strength for the
future through major investments in readiness, force, and defense
medicine.
Ms. GRANGER. Mr. Chairman, I yield 2 minutes to the gentleman from
Nebraska (Mr. Bacon).
Mr. BACON. Mr. Chairman, I want to thank the chairwoman and the
ranking member for their leadership on this bill.
I stand in support of the fiscal year 2019 Defense Appropriations
bill. It funds our critical defense needs. It is a great investment in
our men and women in uniform. It is going to give them the tools they
need to receive. It starts restoring or military's health.
A year ago, we heard about half the Navy aircraft not being able to
fly because of maintenance issues. Out of 58 combat brigades, only five
are ready to fight tonight. Our fighter pilots are getting only one-
third of the time they used to get 20 years ago. All of this is
unacceptable. We have had 80 fatalities during routine operations.
We restored military spending by 10 percent last year. This bill
maintains that and keeps up with inflation. It is a great bill that is
going to help restore our military.
There are two points I would like to make with this bill, though.
First, I want to thank the chairwoman for what she and the committee
are doing with the OC-135. The OC-135 open skies aircraft flies out of
Offutt Air Force Base. It is 57 years old. It supports the open skies
mission when we overfly Russia.
It has one of the worst maintenance rates in the United States Air
Force. It frequently breaks down in Russia, putting them in very
awkward, hostile situations with Russians at their bases.
So I thank the Appropriations Committee for getting this funding
process started to replace these aircraft. The Air Force wants it. It
is the right thing to do.
Secondly, this body has made great strides to get our bases in Europe
independent from Russian gas. Our bases are there to deter the
Russians. Yet, some of those bases are dependent on Russian gas. It
doesn't make sense. In time of hostilities, they will just turn that
gas off and put our men and women in uniform in a terrible situation.
[[Page H5719]]
We have made strides to force our military to find alternative
sources of power. But I understand that a colleague on the other side
of the aisle wants to submit an amendment removing those restrictions,
so, once again, we will start using Russian gas. It is wrong. I thank
the chairwoman for opposing the Huffman amendment. I do, too.
This is a great appropriations bill. I stand in support.
Mr. VISCLOSKY. Mr. Chair, I yield 2 minutes to the gentleman from
Texas (Mr. Cuellar), a member of the Committee on Appropriations as
well as the Subcommittee on Defense Appropriations.
{time} 1645
Mr. CUELLAR. Mr. Chair, I thank Chairwoman Granger and Ranking Member
Visclosky for their bipartisan work in support of our Nation's
military. I also thank the staff on both sides of the aisle because
they have worked very hard to put this very important bill together.
Mr. Chair, first I would like to highlight that this bill provides
over $606 billion to rebuild our Armed Forces, including $338 billion
to restore critical military readiness programs. This is a significant
investment in the men and women who sacrifice so much to keep us safe.
This bill also includes a 2.6 percent pay raise for our military
families, the largest in 9 years, which is the least we can do to show
our gratitude for their service to our country.
There are other investments, and let me just highlight a couple of
them.
There is $40 million for military impact aid, which enables schools
to provide specialized counseling programs to meet the unique needs of
our military children.
There is also an additional $10 million to fund programs aimed at
supporting military families that have children with severe
disabilities.
There is also $203 million for the National Guard Counterdrug
Program, which allows units to conduct more counterdrug operations and
training exercises, which, again, will help us reduce the illegal drugs
coming into our country.
It also calls for research for rare cancers within the Department of
Defense to help us better understand the unique exposure to cancer-
causing elements impacting our servicemembers.
One more thing that I would like to highlight is that it calls on the
Department of Defense to partner with Hispanic-Serving Institutions in
many specialties, especially foreign language programs and aircraft
pilot programs. These types of partnerships will provide diversity.
Again, there are a lot of other benefits. I want to say to both
sides: A job well done. Keep working together. Let's make this
bipartisan.
Ms. GRANGER. Mr. Chairman, I yield 2 minutes to the gentleman from
Oklahoma (Mr. Cole), a distinguished member of the Defense
Subcommittee.
Mr. COLE. Mr. Chairman, for more than a decade, we have overused and
underinvested in the United States military. This bill marks a welcomed
change of direction and a recapitalization of the American military.
I could go through a lot of the weapons systems and missions and
programs. I am fortunate enough to represent a district in which all
four services are active, both at Fort Sill, where we have Marine
artillery and Army artillery and air defense artillery, and Tinker Air
Force Base, where we have the Navy E-6 wing as well as the largest air
depot in the world. This bill will make a difference for all of those
installations.
Much more importantly, what the American people need to understand
is, at the end of this process, we will have a larger Army, a larger
Navy, a larger Air Force, and a larger Marine Corps. They will be
better trained, better equipped, and better able to serve us and, thank
goodness, better compensated as well.
Mr. Chair, I want to thank, particularly, Chairwoman Granger and
Ranking Member Visclosky. I wish people could have watched this
process. I have served under three very capable chairmen on this
subcommittee. To watch them work back and forth in such a bipartisan,
pragmatic, and thorough way and to interact with professionals in our
military and to give every member of that subcommittee an opportunity
to participate in a meaningful way was a legislative marvel and
probably a minor miracle in the way things go. I think you can see that
just by listening to the remarks on both sides of the aisle about our
chairman and our ranking member and the process in which they engaged.
Mr. Chair, I want to urge everybody on the floor to vote for this
bill. It was arrived at the right way. It is the right thing for the
country and the American military. More than that, I am proud of our
chairman, I am proud of our ranking member, and I am very proud to have
been able to participate in this process.
Mr. VISCLOSKY. Mr. Chairman, I yield 2 minutes to the gentlewoman
from Florida (Ms. Wasserman Schultz), the ranking member of the
Military Construction, Veterans Affairs, and Related Agencies
Subcommittee.
Ms. WASSERMAN SCHULTZ. Mr. Chair, I thank the gentleman for yielding.
Mr. Chair, I commend Ranking Member Visclosky and Chairwoman Granger
for producing a bill that provides the resources necessary for our
armed services to perform the critical role of securing our Nation.
The bill funds both the assets our armed services need and invests in
servicemembers, providing for a 2.6 percent increase in military pay.
I thank my colleague, the chairwoman from Texas, for including in the
committee report language addressing the metastatic cancer task force
report on research related to metastatic cancer. I look forward to
working with the chairwoman and ranking member to ensure that DOD not
only considers the recommendations from the task force, but
expeditiously implements them to ensure that we are making progress in
reducing the estimated 90 percent of cancer deaths that are due to the
direct or indirect effects of metastasis. I thank the chairwoman for
her commitment to doing that.
Mr. Chairman, I also want to point out that I filed an amendment to
this bill that would prevent agencies from stopping Members of Congress
from visiting facilities housing foreign national minors.
Last week, Senator Nelson and I were denied access, after first being
told we would be admitted, to a temporary shelter housing foreign
national minors in Homestead, Florida. Allowing Congress to conduct our
appropriate oversight role without restriction is absolutely essential
to us being able to make sure we can be good stewards of the people's
resources.
Regardless of party affiliation, as Members of Congress, we should
all agree that it is not only our right, but our duty to conduct
oversight of the administration on our terms and on our timeline.
I urge the Republican majority to make my amendment in order so that
we can do just that.
Mr. Chair, I urge Members to support this well-crafted Defense
Appropriations bill.
Ms. GRANGER. Mr. Chairman, I reserve the balance of my time.
Mr. VISCLOSKY. Mr. Chairman, I yield 1 minute to the gentleman from
California (Mr. Sherman).
Mr. SHERMAN. Mr. Chair, I want to commend the subcommittee and the
full committee for including in the base text a provision that says
that no funds shall be used in contravention of the War Powers Act.
This is a provision I originally proposed in 2011 as a floor vote. We
lost at first, but it was adopted in 2011 and has been part of the base
text ever since.
The War Powers Act is the one restraint on a President who seeks to,
on their own accord, send our troops into harm's way for permanent
warfare. It says that troops cannot be deployed for more than 60 or 90
days without an Authorization for Use of Military Force, but every
President since the Vietnam war has claimed that the War Powers Act was
an unconstitutional, nonbinding provision on the President's power to
send our troops.
That is why I am pleased to report to the House that, when he
testified before our committee, former Attorney General Mukasey said,
But with this provision, the President has to abide by the War Powers
Act.
Ms. GRANGER. Mr. Chair, I continue to reserve the balance of my time.
Mr. VISCLOSKY. Mr. Chair, I yield 2 minutes to the gentleman from
Virginia (Mr. Connolly).
[[Page H5720]]
Mr. CONNOLLY. Mr. Chairman, I thank my dear friend from Indiana and
his staff and thank the majority manager and her staff for their
leadership on this bill.
Mr. Chair, I rise in support of section 8129, particularly, of this
bill. This section, Mr. Chairman, would finally allow the Secretary of
Defense, in the event of a government shutdown, to make military death
gratuity payments to families of fallen servicemembers.
I commend the committee for including this long overdue provision,
which was my number one priority request to the committee and the
subject of bipartisan legislation I have introduced in every Congress.
I was pleased to colead that with my friend Tom Rooney of Florida.
It was shameful that Congress previously would allow the government
to shut down and allow grieving families of fallen servicemembers to go
without this small, impartial measure of our appreciation and gratitude
for their loved one's ultimate service. Sadly, that is what happened in
the shutdown of October 2013 and the subsequent shutdown of January
2018. We must ensure this never happens again. The action taken by the
committee pursuant to the bill we introduced does just that.
I want to again thank the committee for righting a wrong. No grieving
family should worry when Congress doesn't do its job and allows the
funding of the government to lapse that their payments remembering
their loved ones and the sacrifice they made are at risk--never again.
Mr. Chair, I thank my colleagues for their leadership. I thank the
committee for righting this wrong. I am proud to have co-authored the
bill that allowed us to get to this point.
Ms. GRANGER. Mr. Chair, I yield back the balance of my time.
Mr. VISCLOSKY. Mr. Chair, I yield back the balance of my time.
Mr. CONNOLLY. Mr. Chair, I rise today in support of Section 8129 of
this bill.
This section would allow the Secretary of Defense, in the event of a
government shutdown, to make military death gratuity payments to
families of fallen service members.
I commend the Committee for including this long overdue provision,
which was my number one priority request to the Committee and the
subject of bipartisan legislation I have introduced with my colleague
Representative Tom Rooney of Florida.
It is shameful that Congress would allow the government to shut down
and allow grieving military families to go without this small and
partial measure of our gratitude for their loved one's service.
Sadly, that is what happened in October 2013 and January 2018.
We must ensure that it never happens again.
Thank you again to the Chairman and Ranking Member for being
responsive to the more than 200 members who have cosponsored the
Families of Fallen Servicemembers First Act (H.R. 1928) and the two
dozen veterans organizations who have endorsed the bill.
But most importantly, thank you for caring for our military families.
Mr. CALVERT. Mr. Chair, I rise in strong support of the FY2019
Defense Appropriations bill. I commend Chairman Frelinghuysen, Ranking
Member Lowey, Subcommittee Chairwoman Granger and Ranking Member
Visclosky for their leadership on this bill. I would also like to thank
our dedicated professional staff who have tirelessly worked on this
bill.
I have served on the House Defense Appropriations Subcommittee for
many years and providing for our men and women in uniform is a
privilege and an honor.
This bill provides vital funding for our Armed Services, including a
2.6 percent pay raise. This bill is an investment in our future
superiority on land, air and at sea. Whether it is the procurement of
next-gen platforms or systems, the recruitment and retention of our
best and brightest, or investment in cutting-edge technology--this bill
is a down payment on our future force.
Earlier this year, Secretary Mattis released the National Defense
Strategy. As we all know, our Secretary of Defense is focused on
readiness and lethality. This bill meets the demands of the Department
to restore our readiness levels, invest in lethality, buy the equipment
that will maintain our military superiority, and provide for the health
and welfare of our men and women in uniform.
We are at a unique time in history that demands U.S. leadership
throughout the world. As we know all too well, a power vacuum breeds
instability and extremism.
A strong U.S. military, with our allies, creates stability. After too
many years of a budget driven strategy, this bill reflects the
investment needed to maintain and secure U.S. interests around the
world. The investment we make here today--about 16 percent of our
entire federal budget--has dividends down the road for many years.
The security of our nation, and the peace of the world, depends on a
strong U.S. military.
The power of the purse lies with Congress and today I urge all
Members to vote in support of the FY2019 Defense Appropriations bill.
The Senate is doing their work and expects to mark up their defense
bill in the full committee later this week.
The last time the House passed a stand-alone Defense Appropriations
Conference Report that was signed into law before the end of the fiscal
year was September 2009. Let's turn the page on CRs that cripple the
Department and return to regular order.
Thank you again to my colleagues who crafted this bill, to our
military leadership and to the men and women of the United States
military. I urge passage of this bill.
Ms. JACKSON LEE. Mr. Chair, I want to thank Chairwoman Granger and
Ranking Member Visclosky for shepherding H.R. 6157, the ``Defense
Appropriations Act for Fiscal Year 2019,'' to the floor and for their
devotion to the men and women of the Armed Forces who risk their lives
to keep our nation safe.
Jackson Lee Amendment No. 12 increases funding for the PTSD by $5
million.
These funds should be used toward outreach activities targeting hard
to reach veterans, especially those who are homeless or reside in
underserved urban and rural areas, who suffer from Post-Traumatic
Stress Disorder (PTSD).
Mr. Chair, along with traumatic brain injury, PTSD is the signature
wound suffered by the brave men and women fighting in Afghanistan,
Iraq, and far off lands to defend the values and freedom we hold dear.
For those of us whose daily existence is not lived in harm's way, it
is difficult to imagine the horrific images that American servicemen
and women deployed in Iraq, Afghanistan, and other theaters of war see
on a daily basis.
In an instant a suicide bomber, an IED, or an insurgent can
obliterate your best friend and right in front of your face.
Yet, you are trained and expected to continue on with the mission,
and you do, even though you may not even have reached your 20th
birthday.
But there always comes a reckoning. And it usually comes after the
stress and trauma of battle is over and you are alone with your
thoughts and memories.
And the horror of those desperate and dangerous encounters with the
enemy and your own mortality come flooding back.
PTSD was first brought to public attention in relation to war
veterans, but it can result from a variety of traumatic incidents, such
as torture, being kidnapped or held captive, bombings, or natural
disasters such as floods or earthquakes.
People with PTSD may startle easily, become emotionally numb
(especially in relation to people with whom they used to be close),
lose interest in things they used to enjoy, have trouble feeling
affectionate, be irritable, become more aggressive, or even become
violent.
They avoid situations that remind them of the original incident, and
anniversaries of the incident are often very difficult.
Most people with PTSD repeatedly relive the trauma in their thoughts
during the day and in nightmares when they sleep.
These are called flashbacks; a person having a flashback may lose
touch with reality and believe that the traumatic incident is happening
all over again.
Mr. Chair, the fact of the matter is that most veterans with PTSD
also have other psychiatric disorders, which are a consequence of PTSD.
These veterans have co-occurring disorders, which include depression,
alcohol and/or drug abuse problems, panic, and/or other anxiety
disorders.
Jackson Lee Amendment No. 12 recognizes that these soldiers are first
and foremost, human, who live their experiences.
Ask a veteran of Vietnam, Iraq, or Afghanistan about the frequency of
nightmares they experience, and one will realize that serving in the
Armed Forces leaves a lasting impression, whether good or bad.
Jackson Lee Amendment No. 12 will help ensure that ``no soldier is
left behind'' by addressing the urgent need for more outreach toward
hard to reach veterans suffering from PTSD, especially those who are
homeless or reside in underserved urban and rural areas of our country.
I urge all Members to support Jackson Lee Amendment No. 12.
The CHAIR. All time for general debate has expired.
Pursuant to the rule, the bill shall be considered for amendment
under the 5-minute rule.
[[Page H5721]]
An amendment in the nature of a substitute consisting of the text of
Rules Committee Print 115-77 shall be considered as adopted, and the
bill, as amended, shall be considered as an original bill for the
purpose of further amendment under the 5-minute rule and shall be
considered as read.
The text of the bill, as amended, is as follows
H.R. 6157
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled.
The following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2019, 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, $43,093,752,000.
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, $30,254,211,000.
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,
$13,770,968,000.
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, $30,357,311,000.
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,
$4,848,947,000.
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, $2,055,221,000.
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, $777,390,000.
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,
$1,853,526,000.
National Guard Personnel, Army
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Army
National Guard while on duty under sections 10211, 10302, or
12402 of title 10 or section 708 of title 32, United States
Code, or while serving on duty under section 12301(d) of
title 10 or section 502(f) of title 32, United States Code,
in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing
training, or while performing drills or equivalent duty or
other duty, and expenses authorized by section 16131 of title
10, United States Code; and for payments to the Department of
Defense Military Retirement Fund, $8,589,785,000.
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, $3,707,240,000.
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,
$41,334,782,000: 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, $48,963,337,000: 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, $6,824,269,000.
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, $41,465,107,000: 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, $35,676,402,000: Provided, That not
more than $7,503,000 may be used for the Combatant Commander
Initiative Fund authorized under section 166a of title 10,
United States Code: Provided further, That not to exceed
$36,000,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the
Secretary of Defense, and payments may be made on his
certificate of necessity for confidential military purposes:
Provided further, That of the funds provided under this
heading, not less than $42,300,000 shall be made available
for the Procurement Technical Assistance Cooperative
Agreement Program, of which not less than $4,500,000 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 $19,160,000, to remain available until
September 30, 2020, 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
[[Page H5722]]
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, $496,264,000, of which $124,066,000, to remain
available until September 30, 2020, 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,
$2,877,402,000.
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,
$1,019,966,000.
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, $281,570,000.
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, $3,212,234,000.
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), $7,329,771,000.
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, $6,438,162,000.
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, $14,662,000, 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, $235,809,000, 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, $365,883,000, 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, $376,808,000, 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, $19,002,000, to remain
available until transferred: Provided, That the Secretary of
Defense shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of
the Department of Defense, or for similar purposes, transfer
the funds made available by this appropriation to other
appropriations made available to the Department of Defense,
to be merged with and to be available for the same purposes
and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation
are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation:
Provided further, That the transfer authority provided under
this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Environmental Restoration, Formerly Used Defense Sites
(including transfer of funds)
For the Department of the Army, $248,673,000, to remain
available until transferred: Provided, That the Secretary of
the Army shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris at
sites formerly used by the Department of Defense, transfer
the funds made available by this appropriation to other
appropriations made available to the Department of the Army,
to be merged with and to be available for the same purposes
and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation
are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation:
Provided further, That the transfer authority provided under
this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Overseas Humanitarian, Disaster, and Civic Aid
For expenses relating to the Overseas Humanitarian,
Disaster, and Civic Aid programs of the Department of Defense
(consisting of the programs provided under sections 401, 402,
404, 407, 2557, and 2561 of title 10, United States Code),
$117,663,000, to remain available until September 30, 2020.
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, $350,240,000, to remain available until September 30,
2021.
Department of Defense Acquisition Workforce Development Fund
For the Department of Defense Acquisition Workforce
Development Fund, $400,000,000, to remain available for
obligation until September 30, 2020: Provided, That no other
amounts may be otherwise credited or transferred to the Fund,
or deposited into the Fund, in fiscal year 2019 pursuant to
section 1705(d) of title 10, United States Code.
TITLE III
PROCUREMENT
Aircraft Procurement, Army
For construction, procurement, production, modification,
and modernization of aircraft,
[[Page H5723]]
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, $4,103,942,000, to remain available for
obligation until September 30, 2021.
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,
$3,074,502,000, to remain available for obligation until
September 30, 2021.
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, $4,590,205,000, to remain available for
obligation until September 30, 2021.
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,
$2,255,323,000, to remain available for obligation until
September 30, 2021.
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,
$7,683,632,000, to remain available for obligation until
September 30, 2021.
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, $20,107,195,000, to remain available
for obligation until September 30, 2021.
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,
$3,555,587,000, to remain available for obligation until
September 30, 2021.
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,
$973,556,000, to remain available for obligation until
September 30, 2021.
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:
Columbia Class Submarine (AP), $2,949,400,000;
Carrier Replacement Program (CVN 80), $1,598,181,000;
Virginia Class Submarine, $4,340,676,000;
Virginia Class Submarine (AP), $2,796,401,000;
CVN Refueling Overhauls (AP), $425,873,000;
DDG-1000 Program, $270,965,000;
DDG-51 Destroyer, $5,187,837,000;
DDG-51 Destroyer (AP), $391,928,000;
Littoral Combat Ship, $1,558,505,000;
Expeditionary Sea Base, $647,000,000;
TAO Fleet Oiler, $977,104,000;
TAO Fleet Oiler (AP), $75,046,000;
Towing, Salvage, and Rescue Ship, $80,517,000;
LCU 1700, $41,520,000;
Ship to Shore Connector, $507,875,000;
Service Craft, $72,062,000;
LCAC SLEP, $23,321,000;
For outfitting, post-delivery, conversions, and first
destination transportation, $557,457,000; and
Completion of Prior Year Shipbuilding Programs,
$207,099,000.
In all: $22,708,767,000, to remain available for obligation
until September 30, 2023: Provided, That additional
obligations may be incurred after September 30, 2023, 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,
$9,093,835,000, to remain available for obligation until
September 30, 2021.
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,
$2,647,569,000, to remain available for obligation until
September 30, 2021.
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,
$17,118,921,000, to remain available for obligation until
September 30, 2021.
[[Page H5724]]
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, $2,591,982,000, to remain available
for obligation until September 30, 2021.
Space Procurement, Air Force
For construction, procurement, and modification of
spacecraft, rockets, and related equipment, including spare
parts and accessories therefor; ground handling equipment,
and training devices; expansion of public and private plants,
Government-owned equipment and installation thereof in such
plants, erection of structures, and acquisition of land, for
the foregoing purposes, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior to
approval of title; reserve plant and Government and
contractor-owned equipment layaway; and other expenses
necessary for the foregoing purposes including rents and
transportation of things, $2,388,642,000, to remain available
for obligation until September 30, 2021.
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,
$1,468,992,000, to remain available for obligation until
September 30, 2021.
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, $20,597,574,000, to remain available for obligation
until September 30, 2021.
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, $6,711,225,000, to remain
available for obligation until September 30, 2021.
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,
$1,300,000,000, to remain available for obligation until
September 30, 2021: 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.
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), $68,578,000,
to remain available until expended.
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of
facilities and equipment, $10,108,108,000 (reduced by
$5,000,000) (increased by $5,000,000), to remain available
for obligation until September 30, 2020.
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, $17,658,244,000, to remain
available for obligation until September 30, 2020: 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, $40,939,500,000, to remain
available for obligation until September 30, 2020.
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, $22,291,423,000, to
remain available for obligation until September 30, 2020:
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, $221,009,000, to remain available for obligation
until September 30, 2020.
TITLE V
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For the Defense Working Capital Funds, $1,542,115,000.
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, $34,047,018,000; of which $31,758,947,000
shall be for operation and maintenance, of which not to
exceed one percent shall remain available for obligation
until September 30, 2020, and of which up to $15,211,801,000
may be available for contracts entered into under the TRICARE
program; of which $844,834,000, to remain available for
obligation until September 30, 2021, shall be for
procurement; and of which $1,443,237,000, to remain available
for obligation until September 30, 2020, 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 $752,600,000
shall be made available to the United States Army Medical
Research and Materiel Command to carry out the
congressionally directed medical research programs.
Chemical Agents and Munitions Destruction, Defense
For expenses, not otherwise provided for, necessary for the
destruction of the United States stockpile of lethal chemical
agents and munitions in accordance with the provisions of
section 1412 of the Department of Defense Authorization Act,
1986 (50 U.S.C. 1521), and for the destruction of other
chemical warfare materials that are not in the chemical
weapon stockpile, $993,816,000, of which $105,997,000 shall
be for operation and maintenance, of which no less than
$52,735,000 shall be for the Chemical Stockpile Emergency
Preparedness Program, consisting of $21,600,000 for
activities on military installations and $31,135,000, to
remain available until September 30, 2020, to assist State
and local governments; $1,091,000 shall be for procurement,
to remain available until September 30, 2021, of which
$1,091,000 shall be for the Chemical Stockpile Emergency
Preparedness Program to assist State and local governments;
[[Page H5725]]
and $886,728,000, to remain available until September 30,
2020, shall be for research, development, test and
evaluation, of which $880,283,000 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 $530,285,000
shall be for counter-narcotics support; $121,900,000 shall be
for the drug demand reduction program; 197,353,000 shall be
for the National Guard counter-drug program; and 5,276,000
shall be for the National Guard counter-drug schools program:
Provided, That the funds appropriated under this heading
shall be available for obligation for the same time period
and for the same purpose as the appropriation to which
transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation
are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation:
Provided further, That the transfer authority provided under
this heading is in addition to any other transfer authority
contained elsewhere in this Act.
Office of the Inspector General
For expenses and activities of the Office of the Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, as amended, $329,273,000, of which
$327,611,000 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; of which $60,000, to remain
available for obligation until September 30, 2021, shall be
for procurement; and of which $1,602,000, to remain available
until September 30, 2020, shall be for research, development,
test and evaluation.
TITLE VII
RELATED AGENCIES
Central Intelligence Agency Retirement and Disability System Fund
For payment to the Central Intelligence Agency Retirement
and Disability System Fund, to maintain the proper funding
level for continuing the operation of the Central
Intelligence Agency Retirement and Disability System,
$514,000,000.
Intelligence Community Management Account
For necessary expenses of the Intelligence Community
Management Account, $512,424,000.
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 $4,250,000,000 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, 2019: 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 2019: 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
[[Page H5726]]
procurement contracts for any systems or component thereof if
the value of the multiyear contract would exceed $500,000,000
unless specifically provided in this Act: Provided further,
That no multiyear procurement contract can be terminated
without 30-day prior notification to the congressional
defense committees: Provided further, That the execution of
multiyear authority shall require the use of a present value
analysis to determine lowest cost compared to an annual
procurement: Provided further, That none of the funds
provided in this Act may be used for a multiyear contract
executed after the date of the enactment of this Act unless
in the case of any such contract--
(1) the Secretary of Defense has submitted to Congress a
budget request for full funding of units to be procured
through the contract and, in the case of a contract for
procurement of aircraft, that includes, for any aircraft unit
to be procured through the contract for which procurement
funds are requested in that budget request for production
beyond advance procurement activities in the fiscal year
covered by the budget, full funding of procurement of such
unit in that fiscal year;
(2) cancellation provisions in the contract do not include
consideration of recurring manufacturing costs of the
contractor associated with the production of unfunded units
to be delivered under the contract;
(3) the contract provides that payments to the contractor
under the contract shall not be made in advance of incurred
costs on funded units; and
(4) the contract does not provide for a price adjustment
based on a failure to award a follow-on contract. Funds
appropriated in title III of this Act may be used for a
multiyear procurement contract as follows: Standard Missile-3
IB; F/A-18E/F Super Hornet and EA-18G Aircraft variants; E-2D
Advanced Hawkeye (AHE) Aircraft; and C-130J, KC-130J, HC-
130J, MC-130J, AC-130J Aircraft.
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 2020 budget request for the Department
of Defense as well as all justification material and other
documentation supporting the fiscal year 2020 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 2020.
(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.
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,
$25,000,000 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 $46,100,000 shall be available for the Civil Air
Patrol Corporation, of which--
(1) $33,600,000 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) $10,800,000 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.
[[Page H5727]]
(b) No member of a Board of Directors, Trustees, Overseers,
Advisory Group, Special Issues Panel, Visiting Committee, or
any similar entity of a defense FFRDC, and no paid consultant
to any defense FFRDC, except when acting in a technical
advisory capacity, may be compensated for his or her services
as a member of such entity, or as a paid consultant by more
than one FFRDC in a fiscal year: Provided, That a member of
any such entity referred to previously in this subsection
shall be allowed travel expenses and per diem as authorized
under the Federal Joint Travel Regulations, when engaged in
the performance of membership duties.
(c) Notwithstanding any other provision of law, none of the
funds available to the department from any source during the
current fiscal year may be used by a defense FFRDC, through a
fee or other payment mechanism, for construction of new
buildings not located on a military installation, for payment
of cost sharing for projects funded by Government grants, for
absorption of contract overruns, or for certain charitable
contributions, not to include employee participation in
community service and/or development.
(d) Notwithstanding any other provision of law, of the
funds available to the department during fiscal year 2019,
not more than 6,030 staff years of technical effort (staff
years) may be funded for defense FFRDCs: Provided, That, of
the specific amount referred to previously in this
subsection, not more than 1,125 staff years may be funded for
the defense studies and analysis FFRDCs: Provided further,
That this subsection shall not apply to staff years funded in
the National Intelligence Program (NIP) and the Military
Intelligence Program (MIP).
(e) The Secretary of Defense shall, with the submission of
the department's fiscal year 2020 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 $179,000,000.
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 2019. 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. 5131).
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 Officer's
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 2020 budget request for the Department
of Defense as well as all justification material and other
documentation supporting the fiscal year 2020 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 2020 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, 2020: 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, 2020.
Sec. 8035. Of the funds appropriated to the Department of
Defense under the heading ``Operation and Maintenance,
Defense-Wide'', not less than $12,000,000 shall be made
available only for the mitigation of environmental impacts,
including training and technical assistance to tribes,
related administrative support, the gathering of information,
documenting of environmental damage, and developing a system
for prioritization of mitigation and cost to complete
estimates for mitigation, on Indian lands resulting from
Department of Defense activities.
Sec. 8036. (a) None of the funds appropriated in this Act
may be expended by an entity of the
[[Page H5728]]
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. 8037. (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. 8038. (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. 8039. 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'', 2017/2019, $69,140,000;
``Aircraft Procurement, Air Force'', 2017/2019,
$93,600,000;
``Aircraft Procurement, Navy'', 2018/2020, $11,761,000;
``Weapons Procurement, Navy'', 2018/2020, $115,657,000;
``Aircraft Procurement, Air Force'', 2018/2020,
$134,900,000;
``Missile Procurement, Air Force'', 2018/2020, $5,200,000;
``Space Procurement, Air Force'', 2018/2020, $25,000,000;
``Procurement, Defense-Wide'', 2018/2020, $14,000,000;
``Research, Development, Test and Evaluation, Navy'', 2018/
2019, $6,196,000; and
``Research, Development, Test and Evaluation, Air Force'',
2018/2019, $17,500,000.
Sec. 8040. 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. 8041. 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. 8042. 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. 8043. (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. 8044. None of the funds appropriated by this Act may
be used for the procurement of ball and roller bearings other
than those produced by a domestic source and of domestic
origin: Provided, That the Secretary of the military
department responsible for such procurement may waive this
restriction on a case-by-case basis by certifying in writing
to the Committees on Appropriations of the House of
Representatives and the Senate, that adequate domestic
supplies are not available to meet Department of Defense
requirements on a timely basis and that such an acquisition
must be made in order to acquire capability for national
security purposes: Provided further, That this restriction
shall not apply to the purchase of ``commercial items'', as
defined by section 103 of title 41, United States Code,
except that the restriction shall apply to ball or roller
bearings purchased as end items.
Sec. 8045. 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. 8046. 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. 8047. 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. 8048. 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--
[[Page H5729]]
(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. 8049. 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. 8050. 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. 8051. (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.
(including transfer of funds)
Sec. 8052. Of the funds appropriated in this Act under the
heading ``Operation and Maintenance, Defense-wide'',
$35,000,000 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. 8053. 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 the Secretary of
Defense shall, not later than 60 days after enactment of this
Act, submit a report detailing the use of funds requested in
research, development, test and evaluation accounts for 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. 8054. (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. 8055. 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. 8056. 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. 8057. 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. 8058. Notwithstanding section 12310(b) of title 10,
United States Code, a Reservist 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. 8059. None of the funds provided in this Act may be
used to transfer to any nongovernmental entity ammunition
held by the Department of Defense that has a center-fire
cartridge and a United States military nomenclature
designation of ``armor penetrator'', ``armor piercing (AP)'',
``armor piercing incendiary (API)'', or ``armor-piercing
incendiary tracer (API-T)'', except to an entity performing
demilitarization services for the Department of Defense under
a contract that requires the entity to demonstrate to the
satisfaction of the Department of Defense that armor piercing
projectiles are either: (1) rendered incapable of reuse by
the demilitarization process; or (2) used to manufacture
ammunition pursuant to a contract with the Department of
Defense or the manufacture of ammunition for export pursuant
to a License for Permanent Export of Unclassified Military
Articles issued by the Department of State.
Sec. 8060. 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. 8061. Of the amounts appropriated in this Act under
the heading ``Operation and Maintenance, Army'', $62,483,700
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. 8062. (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
[[Page H5730]]
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. 8063. In addition to amounts provided elsewhere in
this Act, $5,000,000 is hereby appropriated to the Department
of Defense, to remain available for obligation until
expended: Provided, That notwithstanding any other provision
of law, that upon the determination of the Secretary of
Defense that it shall serve the national interest, these
funds shall be available only for a grant to the Fisher House
Foundation, Inc., only for the construction and furnishing of
additional Fisher Houses to meet the needs of military family
members when confronted with the illness or hospitalization
of an eligible military beneficiary.
Sec. 8064. Any notice that is required to be submitted to
the Committees on Appropriations of the Senate and the House
of Representatives under section 806(c)(4) of the Bob Stump
National Defense Authorization Act for Fiscal Year 2003 (10
U.S.C. 2302 note) after the date of the enactment of this Act
shall be submitted pursuant to that requirement concurrently
to the Subcommittees on Defense of the Committees on
Appropriations of the Senate and the House of
Representatives.
(including transfer of funds)
Sec. 8065. Of the amounts appropriated in this Act under
the headings ``Procurement, Defense-Wide'' and ``Research,
Development, Test and Evaluation, Defense-Wide'',
$500,000,000 shall be for the Israeli Cooperative Programs:
Provided, That of this amount, $70,000,000 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;
$187,000,000 shall be for the Short Range Ballistic Missile
Defense (SRBMD) program, including cruise missile defense
research and development under the SRBMD program, of which
$50,000,000 shall be for co-production activities of SRBMD
systems 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; $80,000,000 shall
be for an upper-tier component to the Israeli Missile Defense
Architecture, of which $80,000,000 shall be for co-production
activities of Arrow 3 Upper Tier systems 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; and
$163,000,000 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. 8066. Of the amounts appropriated in this Act under
the heading ``Shipbuilding and Conversion, Navy'',
$207,099,000 shall be available until September 30, 2019, 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'', 2011/2019: LHA Replacement $25,100,000;
(2) Under the heading ``Shipbuilding and Conversion,
Navy'', 2013/2019: DDG-51 Destroyer $53,966,000;
(3) Under the heading ``Shipbuilding and Conversion,
Navy'', 2014/2019: Littoral Combat Ship $19,498,000;
(4) Under the heading ``Shipbuilding and Conversion,
Navy'', 2015/2019: Littoral Combat Ship $83,686,000;
(5) Under the heading ``Shipbuilding and Conversion,
Navy'', 2015/2019: LCAC $9,400,000; and
(6) Under the heading ``Shipbuilding and Conversion,
Navy'', 2016/2019: TAO Fleet Oiler $15,449,000.
Sec. 8067. 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 2019 until the enactment of the Intelligence
Authorization Act for Fiscal Year 2019.
Sec. 8068. 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. 8069. The budget of the President for fiscal year
2020 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. 8070. 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. 8071. 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 $5,000,000.
Sec. 8072. The Secretary of Defense may use up to
$800,000,000 of the amounts appropriated or otherwise made
available in this Act to the Department of Defense for the
rapid acquisition and deployment of supplies and associated
support services pursuant to section 806 of the Bob Stump
National Defense Authorization Act for Fiscal Year 2003
(Public Law 107-314; 10 U.S.C. 2302 note): Provided, That the
Secretary of Defense shall notify the congressional defense
committees promptly of all uses of this authority.
Sec. 8073. 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. 8074. None of the funds provided in this Act shall be
available for integration of foreign intelligence information
unless the information has been lawfully collected and
processed during the conduct of authorized foreign
intelligence activities: Provided, That information
pertaining to United States persons shall only be handled in
accordance with protections provided in the Fourth Amendment
of the United States Constitution as implemented through
Executive Order No. 12333.
Sec. 8075. (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. 8076. 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, 2020.
Sec. 8077. 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. 8078. (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 2019:
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. 8079. None of the funds made available by this Act
may be used to eliminate, restructure, or realign Army
Contracting Command--
[[Page H5731]]
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.
Sec. 8080. Notwithstanding any other provision of law, any
transfer of funds, appropriated or otherwise made available
by this Act, for support to friendly foreign countries in
connection with the conduct of operations in which the United
States is not participating, pursuant to section 331(d) of
Title 10, United States Code, shall be made in accordance
with sections 8005 or 9002 of this Act, as applicable.
Sec. 8081. Any transfer of amounts appropriated to,
credited to, or deposited in the Department of Defense
Acquisition Workforce Development Fund in or for fiscal year
2019 to a military department or Defense Agency pursuant to
section 1705(e)(1) of title 10, United States Code, shall be
covered by and subject to sections 8005 or 9002 of this Act,
as applicable.
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.
Sec. 8087. None of the funds appropriated by this Act may
be available for the purpose of making remittances to the
Department of 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 Web site of that agency any report required to be
submitted by the Congress in this or any other Act, upon the
determination by the head of the agency that it shall serve
the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the
requesting Committee or Committees of Congress for no less
than 45 days.
Sec. 8089. (a) None of the funds appropriated or otherwise
made available by this Act may be expended for any Federal
contract for an amount in excess of $1,000,000, unless the
contractor agrees not to--
(1) enter into any agreement with any of its employees or
independent contractors that requires, as a condition of
employment, that the employee or independent contractor agree
to resolve through arbitration any claim under title VII of
the Civil Rights Act of 1964 or any tort related to or
arising out of sexual assault or harassment, including
assault and battery, intentional infliction of emotional
distress, false imprisonment, or negligent hiring,
supervision, or retention; or
(2) take any action to enforce any provision of an existing
agreement with an employee or independent contractor that
mandates that the employee or independent contractor resolve
through arbitration any claim under title VII of the Civil
Rights Act of 1964 or any tort related to or arising out of
sexual assault or harassment, including assault and battery,
intentional infliction of emotional distress, false
imprisonment, or negligent hiring, supervision, or retention.
(b) None of the funds appropriated or otherwise made
available by this Act may be expended for any Federal
contract unless the contractor certifies that it requires
each covered subcontractor to agree not to enter into, and
not to take any action to enforce any provision of, any
agreement as described in paragraphs (1) and (2) of
subsection (a), with respect to any employee or independent
contractor performing work related to such subcontract. For
purposes of this subsection, a ``covered subcontractor'' is
an entity that has a subcontract in excess of $1,000,000 on a
contract subject to subsection (a).
(c) The prohibitions in this section do not apply with
respect to a contractor's or subcontractor's agreements with
employees or independent contractors that may not be enforced
in a court of the United States.
(d) The Secretary of Defense may waive the application of
subsection (a) or (b) to a particular contractor or
subcontractor for the purposes of a particular contract or
subcontract if the Secretary or the Deputy Secretary
personally determines that the waiver is necessary to avoid
harm to national security interests of the United States, and
that the term of the contract or subcontract is not longer
than necessary to avoid such harm. The determination shall
set forth with specificity the grounds for the waiver and for
the contract or subcontract term selected, and shall state
any alternatives considered in lieu of a waiver and the
reasons each such alternative would not avoid harm to
national security interests of the United States. The
Secretary of Defense shall transmit to Congress, and
simultaneously make public, any determination under this
subsection not less than 15 business days before the contract
or subcontract addressed in the determination may be awarded.
(including transfer of funds)
Sec. 8090. From within the funds appropriated for
operation and maintenance for the Defense Health Program in
this Act, up to $113,000,000, 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,
2019.
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
[[Page H5732]]
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) 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) 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) 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) 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) 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. The Secretary of each military department, in
reducing each research, development, test and evaluation and
procurement account of the military department as required
under paragraph (1) of section 828(d) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 10
U.S.C. 2430 note), as amended by section 825(a)(3) of the
National Defense Authorization Act for Fiscal Year 2018,
shall allocate the percentage reduction determined under
paragraph (2) of such section 828(d) proportionally from all
programs, projects, or activities under such account:
Provided, That the authority under section 804(d)(2) of the
National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92; 10 U.S.C. 2302 note) to transfer amounts
available in the Rapid Prototyping Fund shall be subject to
section 8005 or 9002 of this Act, as applicable.
Sec. 8104. 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. 8105. None of the funds made available by this Act
may be used by the National Security Agency to--
(1) conduct an acquisition pursuant to section 702 of the
Foreign Intelligence Surveillance Act of 1978 for the purpose
of targeting a United States person; or
(2) acquire, monitor, or store the contents (as such term
is defined in section 2510(8) of title 18, United States
Code) of any electronic communication of a United States
person from a provider of electronic communication services
to the public pursuant to section 501 of the Foreign
Intelligence Surveillance Act of 1978.
Sec. 8106. 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. 8107. 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: 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. 8108. 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. 8109. 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. 8110. None of the funds provided in this Act for the
TAO Fleet Oiler program shall be used to award a new contract
that provides for the acquisition of the following components
unless those components are manufactured in the United
States: Auxiliary equipment (including pumps) for shipboard
services; propulsion equipment (including engines, reduction
gears, and propellers); shipboard cranes; and spreaders for
shipboard cranes.
Sec. 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 $5,000,000.
[[Page H5733]]
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.
(including transfer of funds)
Sec. 8114. Of the amounts appropriated in this Act, the
Secretary of Defense may use up to $117,642,000 under the
heading ``Operation and Maintenance, Defense-Wide'', and up
to $39,400,000 under the heading ``Research, Development,
Test and Evaluation, Defense-Wide'' to develop, replace, and
sustain Federal Government security and suitability
background investigation information technology systems of
the Office of Personnel Management or other Federal agency
responsible for conducting such investigations: Provided,
That the Secretary may transfer additional amounts into these
headings or into ``Procurement, Defense-Wide'' using
established reprogramming procedures prescribed in the
Department of Defense Financial Management Regulation
7000.14, Volume 3, Chapter 6, dated September 2015: Provided
further, That such funds shall supplement, not supplant any
other amounts made available to other Federal agencies for
such purposes.
Sec. 8115. 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.
Sec. 8116. (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. 8117. Notwithstanding any other provision of law, any
transfer of funds appropriated or otherwise made available by
this Act to the Global Engagement Center established by
section 1287 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 130 Stat. 22 U.S.C.
2656 note) shall be made in accordance with section 8005 or
9002 of this Act, as applicable.
Sec. 8118. In addition to amounts provided elsewhere in
this Act, there is appropriated $270,000,000, 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. 8119. In carrying out the program described in the
memorandum on the subject of ``Policy for Assisted
Reproductive Services for the Benefit of Seriously or
Severely Ill/Injured (Category II or III) Active Duty Service
Members'' issued by the Assistant Secretary of Defense for
Health Affairs on April 3, 2012, and the guidance issued to
implement such memorandum, the Secretary of Defense shall
apply such policy and guidance, except that--
(1) the limitation on periods regarding embryo
cryopreservation and storage set forth in part III(G) and in
part IV(H) of such memorandum shall not apply; and
(2) the term ``assisted reproductive technology'' shall
include embryo cryopreservation and storage without
limitation on the duration of such cryopreservation and
storage.
Sec. 8120. None of the funds made available by this Act
may be used to provide arms, training, or other assistance to
the Azov Battalion.
Sec. 8121. None of the funds made available by this Act
may be used to purchase heavy water from Iran.
Sec. 8122. The amount appropriated in title II of this Act
for ``Operation and Maintenance, Army'' is hereby reduced by
$50,000,000 to reflect excess cash balances in Department of
Defense Working Capital Funds.
Sec. 8123. The amount appropriated in title II of this Act
for ``Operation and Maintenance, Navy'' is hereby reduced by
$50,000,000 to reflect excess cash balances in Department of
Defense Working Capital Funds.
Sec. 8124. 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. 8125. None of the funds made available by this or any
other Act may be obligated or expended to divest more than
one E-8C aircraft unless the Secretary of the Air Force
certifies to the congressional defense committees that funds
made available in this or any other Act have been obligated
pursuant to the award of one or more contracts to continue
the Joint Surveillance Target Attack Radar System
recapitalization program.
Sec. 8126. None of the funds provided for, or otherwise
made available, in this or any other Act, may be obligated or
expended by the Secretary of Defense to provide motorized
vehicles, aviation platforms, munitions other than small arms
and munitions appropriate for customary ceremonial honors,
operational military units, or operational military platforms
if the Secretary determines that providing such units,
platforms, or equipment would undermine the readiness of such
units, platforms, or equipment.
Sec. 8127. (a) None of the funds made available by this Act
to the Secretary of Defense or the Secretary of any military
department may be used to enter into a contract for the
acquisition of furnished energy for the new Rhine Ordnance
Barracks Army Medical Center until the Secretary of Defense
submits to the congressional defense committees a written
certification that--
(1) the source of furnished energy for such Medical Center
will minimize the use of fuels sourced from inside the
Russian Federation;
(2) the design of such Medical Center will utilize a
diversified energy supply from a mixed-fuel system as the
source of furnished energy to sustain mission critical
operations during any sustained energy supply disruption
caused by the Russian Federation; and
(3) to the extent available, domestically-sourced fuels
shall be the preferred source for furnished energy for such
Medical Center.
(b) Subsection (a) shall not apply if the Secretary of
Defense certifies to the congressional defense committees
that a waiver of such subsection is necessary to protect the
national security interests of the United States.
Sec. 8128. The Secretary of Defense may obligate and
expend funds made available under this or any other Act for
procurement or for research, development, test and evaluation
for the F-35 Joint Strike Fighter to modify up to six F-35
aircraft, including up to two F-35 aircraft of each variant,
to a test configuration: Provided, That the Secretary of
Defense shall, with the concurrence of the Secretary of the
Air Force and the Secretary of the Navy, notify the
congressional defense committees not fewer than 30 days prior
to obligating and expending funds under this section.
Sec. 8129. Amounts appropriated for "Defense Health
Program" in this Act and hereafter may be obligated to make
death gratuity payments, as authorized in subchapter II of
chapter 75 of title 10, United States Code, if no
appropriation for "Military Personnel" is available for
obligation for such payments: Provided, That such obligations
may subsequently be recorded against appropriations available
for "Military Personnel."
Sec. 8130. None of the funds appropriated or otherwise
made available by this or any other Act may be obligated or
expended by the Department of Defense to migrate data and
applications to the proposed Joint Enterprise Defense
Infrastructure or the Defense Enterprise Office Solutions
cloud computing services until a period of 90 days has
elapsed following the date on which the Secretary of Defense
submits to the congressional defense committees--
(1) a proposed plan to establish a budget accounting system
that provides transparency across the Department, including
all military Services and Defense Agencies, for funds
requested and expended for all cloud computing services
procured by the Department and funds requested and expended
to migrate to a cloud computing environment; and
(2) a detailed description of the Department's strategy to
implement enterprise-wide cloud computing, including the
goals and acquisition strategies for all proposed enterprise-
wide cloud computing service procurements; the strategy to
sustain competition and innovation throughout the period of
performance of each contract, including defining
opportunities for multiple cloud service providers and
insertion of new technologies; and an assessment of potential
threats and security vulnerabilities of the proposed cloud
computing strategy, and plans to mitigate such risks.
TITLE IX
OVERSEAS CONTINGENCY OPERATIONS
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$2,929,154,000: 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'',
$385,461,000: Provided, That such amount is designated by the
Congress for
[[Page H5734]]
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'', $109,232,000: 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'', $964,508,000: 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'',
$37,007,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Reserve Personnel, Navy
For an additional amount for ``Reserve Personnel, Navy'',
$11,100,000: 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'', $2,380,000: 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'', $21,076,000: 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'', $195,283,000: 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'', $5,460,000: Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance,
Army'', $18,125,500,000: 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'', $4,757,155,000, of which up to $165,000,000 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'', $1,121,900,000: 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'', $9,258,674,000: 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'', $8,183,902,000: Provided, That of the funds
provided under this heading, not to exceed $900,000,000, to
remain available until September 30, 2020, 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
Syria: Provided further, That such reimbursement payments
under the preceding proviso may be made in such amounts as
the Secretary of Defense, with the concurrence of the
Secretary of State, and in consultation with the Director of
the Office of Management and Budget, may determine, based on
documentation determined by the Secretary of Defense to
adequately account for the support provided, and such
determination is final and conclusive upon the accounting
officers of the United States, and 15 days following
notification to the appropriate congressional committees:
Provided further, That these funds may be used for the
purpose of providing specialized training and procuring
supplies and specialized equipment and providing such
supplies and loaning such equipment on a non-reimbursable
basis to coalition forces supporting United States military
and stability operations in Afghanistan and to counter the
Islamic State of Iraq and Syria, and 15 days following
notification to the appropriate congressional committees:
Provided further, That of the funds provided under this
heading, not to exceed $850,000,000, to remain available
until September 30, 2020, 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, including programs to
enhance the border security of nations adjacent to conflict
areas resulting from actions of the Islamic State of Iraq and
Syria: 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:
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 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'', $41,887,000: 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'', $25,637,000: Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Operation and Maintenance, Marine Corps Reserve
For an additional amount for ``Operation and Maintenance,
Marine Corps Reserve'', $3,345,000: 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'', $60,500,000: 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'', $110,729,000: 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'', $15,870,000: Provided, That such amount
is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Afghanistan Security Forces Fund
For the ``Afghanistan Security Forces Fund'',
$5,199,450,000, to remain available until September 30, 2020:
Provided, That such funds shall be available to the Secretary
of Defense 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
[[Page H5735]]
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-ISIS Train and Equip Fund
For the ``Counter-Islamic State of Iraq and Syria Train and
Equip Fund'', $1,400,000,000, to remain available until
September 30, 2020: 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 Syria, 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 Syria: 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
Syria, 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 Syria and returned by
such forces or groups to the United States, and such
equipment may be treated as stocks of the Department of
Defense upon written notification to the congressional
defense committees: Provided further, That equipment procured
using funds provided under this heading, or under the
heading, ``Iraq Train and Equip Fund'' in prior Acts, and not
yet transferred to security forces, irregular forces, or
groups participating, or preparing to participate in
activities to counter the Islamic State of Iraq and Syria 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'', $347,563,000, to remain available until September 30,
2021: 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'',
$1,770,270,000, to remain available until September 30, 2021:
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'', $1,102,108,000, to remain
available until September 30, 2021: 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'', $309,525,000, to remain available until September 30,
2021: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Other Procurement, Army
For an additional amount for ``Other Procurement, Army'',
$1,364,345,000, to remain available until September 30, 2021:
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'', $232,119,000, to remain available until September 30,
2021: 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'',
$14,134,000, to remain available until September 30, 2021:
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'', $246,012,000, to remain available
until September 30, 2021: 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'',
$182,260,000, to remain available until September 30, 2021:
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'',
$58,023,000, to remain available until September 30, 2021:
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'', $966,248,000, to remain available until September
30, 2021: 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'', $493,526,000, to remain
[[Page H5736]]
available until September 30, 2021: 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'', $1,421,516,000, to remain available until
September 30, 2021: 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'', $3,665,336,000, to remain available until September
30, 2021: 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'',
$572,135,000, to remain available until September 30, 2021:
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
Research, Development, Test and Evaluation, Army
For an additional amount for ``Research, Development, Test
and Evaluation, Army'', $300,604,000, 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.
Research, Development, Test and Evaluation, Navy
For an additional amount for ``Research, Development, Test
and Evaluation, Navy'', $167,812,000, 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.
Research, Development, Test and Evaluation, Air Force
For an additional amount for ``Research, Development, Test
and Evaluation, Air Force'', $301,876,000, 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.
Research, Development, Test and Evaluation, Defense-Wide
For an additional amount for ``Research, Development, Test
and Evaluation, Defense-Wide'', $410,544,000, 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.
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For an additional amount for ``Defense Working Capital
Funds'', $15,190,000: 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'',
$352,068,000, 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'', $153,100,000: 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.
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 2019.
(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 $2,250,000,000
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 $10,000,000 of the amounts
appropriated by this title under the heading ``Operation and
Maintenance, Army'' may be used, notwithstanding any other
provision of law, to fund the Commanders' Emergency Response
Program (CERP), for the purpose of enabling military
commanders in Afghanistan to respond to urgent, small-scale,
humanitarian relief and reconstruction requirements within
their areas of responsibility: Provided, That each project
(including any ancillary or related elements in connection
with such project) executed under this authority shall not
exceed $2,000,000: Provided further, That not later than 45
days after the end of each 6 months of the fiscal year, the
Secretary of Defense shall submit to the congressional
defense committees a report regarding the source of funds and
the allocation and use of funds during that 6-month period
that were made available pursuant to the authority provided
in this section or under any other provision of law for the
purposes described herein: Provided further, That, not later
than 30 days after the end of each fiscal year quarter, the
Army shall submit to the congressional defense committees
quarterly commitment, obligation, and expenditure data for
the CERP in Afghanistan: Provided further, That, not less
than 15 days before making funds available pursuant to the
authority provided in this section or under any other
provision of law for the purposes described herein for a
project with a total anticipated cost for completion of
$500,000 or more, the Secretary shall submit to the
congressional defense committees a written notice containing
each of the following:
(1) The location, nature and purpose of the proposed
project, including how the project is intended to advance the
military campaign plan for the country in which it is to be
carried out.
(2) The budget, implementation timeline with milestones,
and completion date for the proposed project, including any
other CERP funding that has been or is anticipated to be
contributed to the completion of the project.
(3) A plan for the sustainment of the proposed project,
including the agreement with either the host nation, a non-
Department of Defense agency of the United States Government
or a third-party contributor to finance the sustainment of
the activities and maintenance of any equipment or facilities
to be provided through the proposed project.
Sec. 9006. Funds available to the Department of Defense
for operation and maintenance may be used, notwithstanding
any other provision of law, to provide supplies, services,
transportation, including airlift and sealift, and other
logistical support to allied forces participating in a
combined operation with the armed forces of the United States
and coalition forces supporting military and stability
operations in Afghanistan and to counter the Islamic State of
Iraq and Syria: 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
[[Page H5737]]
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-ISIS Train and Equip Fund'' may
be used to procure or transfer man-portable air defense
systems.
Sec. 9013. For the ``Ukraine Security Assistance
Initiative'', $250,000,000 is hereby appropriated, 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; lethal assistance;
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
articles provided to the Government of Ukraine from the
inventory of the United States: Provided further, That of the
amounts made available in this section, $50,000,000 shall be
available only for lethal assistance described in paragraphs
(2) and (3) of section 1250(b) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92;
129 Stat 1068): 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 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, $770,000,000 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, 2019.
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).
Sec. 9019. None of the funds in this Act may be made
available for the transfer of additional C-130 cargo aircraft
to the Afghanistan National Security Forces or the
Afghanistan Air Force until the Department of Defense
provides a report to the congressional defense committees of
the Afghanistan Air Force's medium airlift requirements. The
report should identify Afghanistan's ability to utilize and
maintain existing medium lift aircraft in the inventory and
the best alternative platform, if necessary, to provide
additional support to the Afghanistan Air Force's current
medium airlift capacity.
(rescissions)
Sec. 9020. Of the funds appropriated in Department of
Defense Appropriations Acts, the following funds are hereby
rescinded from the following accounts and programs in the
specified amounts: Provided, That such amounts are designated
by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985:
``Procurement of Ammunition, Navy and Marine Corps'', 2017/
2019, $2,216,000;
``Counter-ISIS Train and Equip Fund'', 2018/2019,
$25,000,000; and
``Coalition Support Fund'', 2018/2019, $350,000,000.
Sec. 9021. Funds available for the Afghanistan Security
Forces Fund may be used to provide limited training,
equipment, and other assistance that would otherwise be
prohibited by 10 U.S.C. 362 to a unit of the security forces
of Afghanistan only if the Secretary certifies to the
congressional defense committees, within 30 days of a
decision to provide such assistance, that (1) a denial of
such assistance would present significant risk to U.S. or
coalition forces or significantly undermine United States
national security objectives in Afghanistan; and (2) the
Secretary has sought a commitment by the Government of
Afghanistan to take all necessary corrective steps: Provided,
That such certification shall be accompanied by a report
describing: (1) the information relating to the gross
violation of human rights; (2) the circumstances that
necessitated the provision of such assistance; (3) the Afghan
security force unit involved; (4) the assistance provided and
the assistance withheld; and (5) the corrective steps to be
taken by the Government of Afghanistan: Provided further,
That every 120 days after the initial report an additional
report shall be submitted detailing the status of any
corrective steps taken by the Government of Afghanistan:
Provided further, That if the Government of Afghanistan has
not initiated necessary corrective steps within one year of
the certification, the authority under this section to
provide assistance to such unit shall no longer apply:
Provided further, That the Secretary shall submit a report to
such committees detailing the final disposition of the case
by the Government of Afghanistan.
[[Page H5738]]
Sec. 9022. Each amount designated in this Act by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985
shall be available only if the President subsequently so
designates all such amounts and transmits such designations
to the Congress.
TITLE X--ADDITIONAL GENERAL PROVISIONS
spending reduction account
Sec. 10001. The amount by which the applicable allocation
of new budget authority made by the Committee on
Appropriations of the House of Representatives under section
302(b) of the Congressional Budget Act of 1974 exceeds the
amount of proposed new budget authority is $0.
This Act may be cited as the ``Department of Defense
Appropriations Act, 2019''.
The CHAIR. Are there any points of order against the bill?
No further amendment to the bill, as amended, shall be in order
except those printed in part A of House Report 115-783, and pro forma
amendments described in section 3 of House Resolution 961.
Each further amendment printed in part A of the report shall be
considered only in the order printed in the report, may be offered only
by a Member designated in the report, shall be considered as read,
shall be debatable for the time specified in the report equally divided
and controlled by the proponent and an opponent, shall not be subject
to amendment except as provided by section 3 of House Resolution 961,
and shall not be subject to a demand for division of the question.
Amendment No. 1 Offered by Ms. Jackson Lee
The CHAIR. It is now in order to consider amendment No. 1 printed in
part A of House Report 115-783.
Ms. JACKSON LEE. Mr. Chairman, I have an amendment at the desk.
The CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 2, line 15, after the dollar amount, insert ``(reduced
by $2,000,000) (increased by $2,000,000)''.
The CHAIR. Pursuant to House Resolution 961, the gentlewoman from
Texas (Ms. Jackson Lee) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentlewoman from Texas.
Ms. JACKSON LEE. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chair, let me first thank Chairwoman Granger and Ranking Member
Visclosky and the staff for shepherding this legislation.
My amendment provides flexibility for the Secretary of Defense to
allocate resources needed to provide technical assistance by U.S.
military women to military women in other countries combating violence
as a weapon of war, terrorism, human trafficking, and narcotics
trafficking, to ameliorate their impact on women and girls across the
globe.
More and more, we are seeing that, in the countries where terror is
perpetrated, more women are being allowed to be part of their military.
We know of the growing leadership of women in our military, rising in
responsibility and rank throughout all of the services.
As a member of the Afghan task force, which I co-chaired for a number
of years, I have seen women leadership dealing with peace around the
world.
The purpose of my amendment is to provide the Secretary of Defense
flexibility to work with military women in the United States, for them
to interact with military women face-to-face, one-on-one, as they work
to develop security measures that, in particular, will protect women
and girls.
Women and girls are more subject to human trafficking. They are more
subject to being victims of narcotics trafficking. They are more
subject to being victims of war and terrorism as they try to protect
their families.
I remember, in the early stages of the Afghan war and after the
attempt with the new President to begin to write a constitution in
Afghanistan, one of the issues was to elect more women at that time.
{time} 1700
We did do that. I met those women who were in the Afghan Government.
But, tragically, in the period of time that we left to go to Iraq, many
of those women were killed as they went to their home districts.
So the idea of protecting women through women who are in the
military, or to develop strategies, is very important.
Mr. Chairman, I ask my colleagues to support the Jackson Lee
amendment to foster peace and relationships and the interaction between
women here in the United States, with their expertise, and women who
are now rising in various militaries in countries where terrorism is
raging, to be able to help those women as well.
Mr. Chairman, I want to thank Chairwoman Granger and Ranking Member
Visclosky for shepherding this legislation to the floor and for their
devotion to the men and women of the Armed Forces who risk their lives
to keep our nation safe and for their work in ensuring that they have
resources needed to keep our Armed Forces the greatest fighting force
for peace on earth.
Mr. Chairman, thank you for the opportunity to explain my amendment,
which is simple and straightforward and affirms an example of the
national goodness that makes America the most exceptional nation on
earth.
The purpose of Jackson Lee Amendment No. 1 is to provide the
Secretary of Defense flexibility to allocate resources needed to
provide technical assistance by U.S. military women to military women
in other countries combating violence as a weapon of war, terrorism,
human trafficking, narcotics trafficking.
Mr. Chairman, the United States is committed to combating violent
extremism, protecting our borders and the globe from the scourge of
terrorism.
The United States Armed Forces possess an unparalleled expertise and
technological capability that will aid not only in combating and
defeating terrorists who hate our country and prey upon innocent
persons, especially women, girls, and the elderly.
But we must recognize that notwithstanding our extraordinary
technical military capabilities, we face adversaries who adapt very
quickly because they are not constrained by geographic limitations or
norms of morality and decency.
Al Qaeda, Boko Haram, Al Shabaab, ISIS/ISIL and other militant
terrorists, including the Sinai's Ansar Beit al-Maqdis in the Sinai
Peninsula which poses a threat to Egypt.
Jackson Lee Amendment No. 1 help provide the Department of Defense
with the resources needed to provide technical assistance to countries
on innovative strategies to provide defense technologies and resources
that promote the security of the American people and allied nation
states.
Terrorism, human trafficking, narcotics trafficking and their impact
on women and girls across the globe has had a great adverse impact on
us all.
According to a UNICEF report, rape, torture and human trafficking by
terrorist and militant groups have been employed as weapons of war,
affecting over twenty thousand women and girls.
Looking at the history of terrorism highlights the importance of
providing technical assistance through our military might, as this
enables us to combat terrorism which now can plague us here in the
United States.
Jackson Lee Amendment No. 1 will help curb terrorism abroad by making
available American technical military expertise to military in other
countries, like Nigeria, who are combating violent jihadists in their
country and to keep those terrorists out of our country.
Time and again American lives have been lost at the hands of
terrorists.
These victims include Christians, Muslims, journalists, health care
providers, relief workers, schoolchildren, and members of the
diplomatic corps and the Armed Services.
This is why the technical assistance offered by our military
personnel is integral to promoting security operation of intelligence,
surveillance, and reconnaissance aircraft for missions to empower local
forces to combat terrorism.
Terrorists across the globe have wreaked havoc on our society and
cannot not be tolerated or ignored, for their actions pose a threat to
our national security and the security of the world.
Mr. Chairman, from the United States to Africa to Europe to Asia and
the Middle East, it is clear that combating terrorism remains one of
highest national priorities.
Collectively, helping our neighbors and their military build capacity
to combat terrorism, eradicate human trafficking, stop narcotics
trafficking and negate their impact on women and girls across the globe
serves our national interest.
I urge my colleagues to support Jackson Lee Amendment No. 1.
Mr. Chairman, I reserve the balance of my time.
Ms. GRANGER. Mr. Chairman, I claim the time in opposition, but I am
not opposed to the amendment.
The CHAIR. Without objection, the gentlewoman from Texas is
recognized for 5 minutes.
[[Page H5739]]
There was no objection.
Ms. GRANGER. Mr. Chairman, I appreciate the gentlewoman's concerns.
It is important to discuss these important issues. I will continue to
work with the gentlewoman and the department to ensure that these
issues are addressed.
Mr. Chairman, I reserve the balance of my time.
Ms. JACKSON LEE. Mr. Chairman, I thank the chairwoman for her
understanding and graciousness, as well as I thank the ranking member.
This is something I have worked on over the years.
Mr. Chairman, how much time do I have remaining?
The CHAIR. The gentlewoman from Texas has 2\1/2\ minutes remaining.
Ms. JACKSON LEE. Mr. Chairman, I want to emphasize that terrorism,
human trafficking, narcotics trafficking, and their impact on women and
girls across the globe has had a great adverse impact on us all.
According to a UNICEF report, rape, torture, and human trafficking by
terrorists and militant groups have been employed as weapons of war,
affecting more than 20,000 women and girls. I am sure that number has
grown.
We are all well aware of the Chibok girls taken in Nigeria as victims
of Boko Haram. I am grateful for this amendment because the victims
have included Christians, Muslims, journalists, healthcare providers,
relief workers, schoolchildren, and members of the diplomatic corps and
the armed services. Working with our women in the United States
military and our efforts with strategy will be an effective tool in
helping women across the world.
Mr. Chairman, I ask my colleagues to support the Jackson Lee
amendment, and I yield back the balance of my time.
Ms. GRANGER. Mr. Chairman, I yield back the balance of my time.
The CHAIR. The question is on the amendment offered by the
gentlewoman from Texas (Ms. Jackson Lee).
The amendment was agreed to.
Ms. GRANGER. Mr. Chairman, I move to strike the last word.
The CHAIR. The gentlewoman from Texas is recognized for 5 minutes.
Ms. GRANGER. Mr. Chairman, I yield to the gentleman from West
Virginia (Mr. McKinley) for the purpose of engaging in a colloquy.
Mr. McKINLEY. Mr. Chairman, I thank the gentlewoman for yielding.
Mr. Chairman, increasing funding for arthritis research within the
Department of Defense is an issue that deserves and warrants our
attention. Military servicemembers and veterans live with arthritis at
significantly higher rates than civilians.
A recent study found that servicemembers aged 20 to 24 had
osteoarthritis at a 26 percent higher rate than their civilian
counterparts. In the same study, servicemembers over 40 are twice as
likely to develop osteoarthritis after returning to civilian life.
Arthritis affects one in three veterans and is the second leading cause
of medical discharges.
The corresponding healthcare and disability compensation costs are
ultimately borne by the taxpayer. But by increasing research funding,
we could help identify ways to reduce the risk and help prevent the
development of arthritis in our military training and service.
As co-chairman of the Arthritis Caucus with Anna Eshoo, I have been
engaged with the Arthritis Foundation, the American College of
Rheumatology, and other organizations on this important issue. We are
asking Chairwoman Granger to commit to working with us to ensure that
arthritis research receives the funding it deserves.
Ms. GRANGER. Mr. Chairman, reclaiming my time, I appreciate the
gentleman's concern to provide adequate funding for arthritis research.
I am a strong supporter of funding in this area.
Each year, Congress provides funding for medical research through the
Defense Health Program. Arthritis research previously has received
millions of dollars in research grants.
I do appreciate his interest and engagement on behalf of our
warfighters. I agree to work with the gentleman from West Virginia on
this important topic.
Mr. Chairman, I yield to the gentleman from West Virginia.
Mr. McKINLEY. Mr. Chairman, I thank the chairwoman for her
consideration on this important issue, and I look forward to working
with her as we move forward.
Ms. GRANGER. Mr. Chairman, I yield back the balance of my time.
Amendment No. 2 Offered by Mr. Lowenthal
The CHAIR. It is now in order to consider amendment No. 2 printed in
part A of House Report 115-783.
Mr. LOWENTHAL. Mr. Chairman, I have an amendment at the desk.
The CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 7, line 6, after the dollar amount insert the
following: ``(reduced by $5,600,000)''.
Page 8, line 15, after the dollar amount inset the
following: ``(increased by $5,000,000)''.
The CHAIR. Pursuant to House Resolution 961, the gentleman from
California (Mr. Lowenthal) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from California.
Mr. LOWENTHAL. Mr. Chairman, my amendment would increase STARBASE
program funding by $5 million for fiscal year 2019, for a total of $35
million.
STARBASE is currently active in 33 States and Puerto Rico at a total
of 66 locations. It engages local fifth grade elementary students by
exposing them to STEM subjects through a hands-on curriculum. The
program is carried out by the military services because the Department
of Defense has identified a shortage of young adults graduating from
the hard sciences.
Many students in the program have no prior exposure to real-world
STEM opportunities or military services. STARBASE strengthens ties
between the military and their communities, and promotes strong STEM
skills in the next generation of young people.
Not only do students enjoy the STEM program, the program works. In
2017, for example, knowledge scores of chemistry, engineering, math,
physics, and technology increased by almost 30 percent for all
students.
It consistently improves favorability scores of math and science.
Students were 8.28 percent more likely to say that they liked
engineering, for example. Again, I repeat: the program works.
It is one of the most cost-effective programs across the Federal
Government, costing only $328 per student. We had 2,952 classes in
2017, serving 1,381 schools. Since its inception, STARBASE has served
approximately 1,110,590 students from 40 States.
With these additional resources, STARBASE hopes to expand to Patrick
Air Force Base in Florida; the Air Force Academy in Colorado Springs;
as well as Anchorage, Alaska; Nashville, Tennessee; and many other
sites across the country that have asked for this program.
Mr. Chairman, this is very important. I, along with my colleague
Representative Cole, urge an ``aye'' vote, and I yield back the balance
of my time.
Ms. GRANGER. Mr. Chairman, I claim the time in opposition, but I
don't oppose the amendment.
The CHAIR. Without objection, the gentlewoman from Texas is
recognized for 5 minutes.
There was no objection.
Ms. GRANGER. Mr. Chairman, the STARBASE program supports programs to
improve the interests and skills of students in science, technology,
engineering, and mathematics. Military volunteers engage students
through experimental learning, and the program has a proven record of
success. As a result, the committee provided an additional $30 million
in the bill for the STARBASE program.
Mr. Chairman, I am prepared to accept the amendment, and I yield back
the balance of my time.
The CHAIR. The question is on the amendment offered by the gentleman
from California (Mr. Lowenthal).
The amendment was agreed to.
The CHAIR. It is now in order to consider amendment No. 3 printed in
part A of House Report 115-783.
Amendment No. 4 Offered by Mrs. Napolitano
The CHAIR. It is now in order to consider amendment No. 4 printed in
part A of House Report 115-783.
Mrs. NAPOLITANO. Mr. Chairman, I have an amendment at the desk.
The CHAIR. The Clerk will designate the amendment.
[[Page H5740]]
The text of the amendment is as follows:
Page 8, line 15, after the dollar amount insert the
following: ``(increased by $6,000,000) (reduced by
$6,000,000)''.
The CHAIR. Pursuant to House Resolution 961, the gentlewoman from
California (Mrs. Napolitano) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentlewoman from California.
Mrs. NAPOLITANO. Mr. Chairman, I congratulate Chairwoman Granger and
Ranking Member Visclosky for this great bill.
Mr. Chairman, I rise in support of my bipartisan amendment, which
increases the funding for the National Guard Youth ChalleNGe Program by
a mere $6 million to match the program's 2018 funding of $180 million.
This increase in funding is made possible by reducing the operations
and maintenance defense-wide account by the same amount.
An increase in funding would allow the Department of Defense to
continue three Job ChalleNGe programs in Georgia, Michigan, and South
Carolina that were previously funded through a Department of Labor
grant that is currently ending. It will also help start new pilot Job
ChalleNGe programs in Alaska, California, Louisiana, and West Virginia
that have demonstrated initiatives in combining education credentials
with job training courses.
The Job ChalleNGe program acts as a post-residential program for
Youth ChalleNGe graduates to gain job skills and/or apprenticeship
training.
For States that cannot expand or open another program at this time,
the funding would allow them to focus on the next step for their
graduated cadets. It would also help prepare them with essential skills
to go join the workforce after completion of both the National Guard
Youth ChalleNGe Program and the Job ChalleNGe program.
The Youth ChalleNGe program has graduated more than 150,000 of our
Nation's high school dropouts. The voluntary 22\1/2\ week program is
directed at 16- to 18-year-old youth, and comes at no cost to them or
their families. It is led by National Guard cadre who help enhance the
cadets' life, physical, and education skills, and they assist them in
obtaining their high school diplomas or GEDs. The program has grown
from 10 to 40 programs nationwide since 1993.
A 2012 RAND study found that every dollar spent on the program
results in a return of $2.66. This further shows that the program has
distinguished itself as the most effective and cost-efficient youth
intervention program for the lives of troubled, at-risk young men and
women.
The program is supported by the Youth ChalleNGe Caucus here in
Congress. With my co-chair, Mr. McKinley, the caucus provides a forum
for Members of Congress and their staffs to learn more about the
program and work toward solutions to address the epidemic of dropping
out of high school.
Mr. Chairman, I thank Mr. McKinley, my partner, for working with my
office on this amendment and for being its cosponsor. I urge Members to
support this amendment, which would provide at-risk youth with a second
chance, and I yield back the balance of my time.
Ms. GRANGER. Mr. Chairman, I claim the time in opposition, but I
don't oppose the amendment.
The CHAIR. Without objection, the gentlewoman from Texas is
recognized for 5 minutes.
There was no objection.
Ms. GRANGER. Mr. Chairman, the National Guard Youth ChalleNGe Program
is a youth development program that works to improve the life skills
and employment potential of our youth through military base training
and supervised work experience. Like my colleague, I support this
important program.
This is why the bill includes $175 million to support the program. An
additional $6 million will allow the program to have a similar budget
to the FY18 level.
Mr. Chairman, I support the gentlewoman's amendment, and I yield back
the balance of my time.
The CHAIR. The question is on the amendment offered by the
gentlewoman from California (Mrs. Napolitano).
The amendment was agreed to.
Amendment No. 5 Offered by Mr. McGovern
The CHAIR. It is now in order to consider amendment No. 5 printed in
part A of House Report 115-783.
Mr. McGOVERN. Mr. Chairman, I have an amendment at the desk.
The CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 8, line 15, after the dollar amount, insert ``(reduced
by $250,000) (increased by $250,000)''.
The CHAIR. Pursuant to House Resolution 961, the gentleman from
Massachusetts (Mr. McGovern) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Massachusetts.
{time} 1715
Mr. McGOVERN. Mr. Chair, I offer this amendment along with
Congressman Emmer of Minnesota, and I want to thank him for his
continued support on this issue.
Our amendment would provide $250,000 to initiate the creation and
distribution of the Atomic Veterans Service Medal.
Last fall, an amendment to create this medal was dropped from the
NDAA conference report. I find that shocking, as this amendment, which
I offered along with Mr. Emmer, was approved by the House unanimously
by a vote of 424-0.
Last month the House once again voted to include the Atomic Veterans
Service Medal in the fiscal year 2019 NDAA. I respectfully ask my
colleagues that we now provide the necessary funding to honor these
veterans and initiate the process to provide them with this service
medal.
Between 1945 and 1962, about 225,000 members of our Armed Forces
participated in hundreds of nuclear weapons tests. Now known as atomic
veterans, these GIs were placed in extremely dangerous areas and were
consistently exposed to potentially dangerous levels of radiation. They
were sworn to secrecy, unable to even talk to their doctors about their
past exposure to radiation.
Presidents Bill Clinton and George H.W. Bush recognized the atomic
veterans' valiant service and acted to provide specialized care and
compensation for their harrowing duty.
In 2007, our allies, Great Britain, New Zealand, and Australia,
authorized their versions of this medal to honor their atomic veterans
who served with the United States.
Regrettably, the Pentagon remains silent on honoring our atomic
veterans, arguing that doing so would diminish the service of other
military personnel who were tasked with dangerous missions.
Well, I find that a pitiful excuse.
Tragically, more than 75 percent of atomic veterans have already
passed away, never having received this recognition. They served
honorably and kept a code of silence that most certainly led to many of
them passing away prematurely.
Past administrations and Congresses have dealt with the thornier
issues of legality and compensation. What remains is recognizing these
veterans' duty, honor, and faithful service to our Nation. And time is
running out.
Mr. Chair, I ask my colleagues to support the McGovern-Emmer
bipartisan amendment on atomic veterans, and I yield back the balance
of my time.
Ms. GRANGER. Mr. Chair, I claim the time in opposition to the
amendment, even though I am not opposed to it.
The CHAIR. Without objection, the gentlewoman from Texas is
recognized for 5 minutes.
There was no objection.
Ms. GRANGER. Mr. Chair, I share the gentleman's support of the
veterans who bravely served our country and were exposed to radiation
during nuclear weapons tests. Military commanders have numerous
personal military declarations, such as meritorious service medals,
commendation medals, and achievement medals available to appropriately
recognize members for their specific actions or sustained meritorious
service. However, recognizing these individuals for their sacrifice is
a very good idea; therefore, I support the gentleman's amendment.
Mr. VISCLOSKY. Will the gentlewoman yield?
[[Page H5741]]
Ms. GRANGER. I yield to the gentleman from Indiana.
Mr. VISCLOSKY. Mr. Chair, I thank the gentlewoman for yielding.
Mr. Chair, I rise in support of the gentleman's amendment and thank
him very much for offering it.
Ms. GRANGER. Mr. Chair, I yield back the balance of my time.
Mr. EMMER. Mr. Chairman, I rise in support of the McGovern/Emmer
Amendment to the Department of Defense Appropriations Act for Fiscal
Year 2019.
Throughout my time in Congress, I have been privileged to meet with
many of our nation's veterans. The men and women in our armed forces
are heroes and embody the best our nation has to offer. Yet, far too
often they do not receive the recognition and credit they deserve. This
is especially true when it comes to our nation's Atomic Veterans.
From 1945 to 1962, nearly a quarter of a million servicemen played a
role in the testing of nuclear weapons, earning them the title of
``Atomic Veterans''.
They risked their lives and were forced to suffer in silence without
proper recognition for their service and bravery.
Since 1990, the federal government has taken different steps to
recognize and thank these Atomic Vets, but all have fallen short of
official recognition through an award or medal.
Today, that can change with the support from the men and women in
this Congress.
With this amendment, we have an opportunity to finally acknowledge
the incredible sacrifice these courageous individuals made more than a
half century ago.
Our amendment builds upon the authorizing language which has been
unanimously adopted by the House of Representatives in every National
Defense Authorization Act for the past three years.
That language requires the Department of Defense to issue a service
medal to the veterans or surviving families of those members of our
Armed Forces who participated in above-ground nuclear weapons testing;
were part of the U.S. military occupation forces in or around Hiroshima
and Nagasaki before 1946; or were held as POWs in or near Hiroshima or
Nagasaki.
Our amendment today would provide $250,000 for the Department of
Defense to begin the process of creating this award so we can honor the
individuals who have served their country.
These veterans left their homes, left their families, and put their
lives on the line to protect the freedoms and liberties we enjoy each
and every day. Unfortunately, this recognition may come too late for
many of our Atomic Vets, but it is our job to ensure these brave
soldiers get the recognition they deserve.
Again, I'd like to thank Congressman McGovern and his staff for his
efforts on this issue, as well as Chairwoman Granger and Ranking Member
Visclosky for their hard work on the underlying bill.
I urge adoption of this amendment.
The CHAIR. The question is on the amendment offered by the gentleman
from Massachusetts (Mr. McGovern).
The amendment was agreed to.
Ms. GRANGER. Mr. Chairman, I move that the Committee do now rise.
The motion was agreed to.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
Walberg) having assumed the chair, Mr. Poe of Texas, Chair of the
Committee of the Whole House on the state of the Union, reported that
that Committee, having had under consideration the bill (H.R. 6157)
making appropriations for the Department of Defense for the fiscal year
ending September 30, 2019, and for other purposes, had come to no
resolution thereon.
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