Congressional Record, Volume 162 Issue 95 (Wednesday, June 15, 2016)

[Congressional Record Volume 162, Number 95 (Wednesday, June 15, 2016)]
[House]
[Pages H3843-H3892]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2017

General Leave

Mr. FRELINGHUYSEN. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days in which to revise and extend their
remarks and include extraneous material on the further consideration of
H.R. 5293, and that I may include tabular material on the same.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New Jersey?
There was no objection.
The SPEAKER pro tempore. Pursuant to House Resolution 783 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the state of the Union for the further consideration of the bill,
H.R. 5293.
Will the gentleman from Georgia (Mr. Collins) kindly take the chair.

{time} 1434

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 further consideration of
the bill (H.R. 5293) making appropriations for the Department of
Defense for the fiscal year ending September 30, 2017, and for other
purposes, with Mr. Collins of Georgia (Acting Chair) in the chair.
The Clerk read the title of the bill.
The Acting CHAIR. When the Committee of the Whole rose on Tuesday,
June 14, 2016, all time for general debate pursuant to House Resolution
778 had expired.

[[Page H3844]]

Pursuant to House Resolution 783, no further general debate shall be
in order. The bill shall be considered for amendment under the 5-minute
rule and shall be considered read through page 170, line 7.
The text of the bill through page 170, line 7, is as follows:

H.R. 5293

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2017, 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, $39,986,962,000.

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, $27,774,605,000.

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,
$12,701,412,000.

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, $27,794,615,000.

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,
$4,458,963,000.

Reserve Personnel, Navy

For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Navy
Reserve on active duty under section 10211 of title 10,
United States Code, or while serving on active duty under
section 12301(d) of title 10, United States Code, in
connection with performing duty specified in section 12310(a)
of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty, and
expenses authorized by section 16131 of title 10, United
States Code; and for payments to the Department of Defense
Military Retirement Fund, $1,898,825,000.

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, $736,305,000.

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,
$1,718,126,000.

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, $7,827,440,000.

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, $3,271,215,000.

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,
$34,436,295,000: 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, $40,213,485,000: 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, $6,246,366,000.

Operation and Maintenance, Air Force

For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Air Force, as authorized by
law, $38,209,602,000: 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, $32,263,224,000: Provided, That not
more than $15,000,000 may be used for the Combatant Commander
Initiative Fund authorized under section 166a of title 10,
United States Code: Provided further, That not to exceed
$36,000,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the
Secretary of Defense, and payments may be made on his
certificate of necessity for confidential military purposes:
Provided further, That of the funds provided under this
heading, not less than $35,045,000 shall be made available
for the Procurement Technical Assistance Cooperative
Agreement Program, of which not less than $3,600,000 shall be
available for centers defined in 10 U.S.C. 2411(1)(D):
Provided further, That none of the funds appropriated or
otherwise made available by this Act may be used to plan or
implement the consolidation of a budget or appropriations
liaison office of the Office of the Secretary of Defense, the
office of the Secretary of a military department, or the
service headquarters of one of the Armed Forces into a
legislative affairs or legislative liaison office: Provided
further, That $8,023,000, to remain available until expended,
is available only for expenses relating to certain classified
activities, and may

[[Page H3845]]

be transferred as necessary by the Secretary of Defense to
operation and maintenance appropriations or research,
development, test and evaluation appropriations, to be merged
with and to be available for the same time period as the
appropriations to which transferred: Provided further, That
any ceiling on the investment item unit cost of items that
may be purchased with operation and maintenance funds shall
not apply to the funds described in the preceding proviso:
Provided further, That 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,
$2,767,471,000.

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,
$975,724,000.

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, $320,066,000.

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, $3,106,066,000.

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), $6,923,595,000.

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, $6,708,200,000.

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, $14,194,000, 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, $170,167,000, 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, $289,262,000, 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, $371,521,000, to
remain available until transferred: Provided, That the
Secretary of the Air Force shall, upon determining that such
funds are required for environmental restoration, reduction
and recycling of hazardous waste, removal of unsafe buildings
and debris of the Department of the Air Force, or for similar
purposes, transfer the funds made available by this
appropriation to other appropriations made available to the
Department of the Air Force, to be merged with and to be
available for the same purposes and for the same time period
as the appropriations to which transferred: Provided further,
That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the
purposes provided herein, such amounts may be transferred
back to this appropriation: Provided further, That the
transfer authority provided under this heading is in addition
to any other transfer authority provided elsewhere in this
Act.

Environmental Restoration, Defense-Wide

(including transfer of funds)

For the Department of Defense, $9,009,000, 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, $222,084,000, 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),
$108,125,000, to remain available until September 30, 2018.

Cooperative Threat Reduction Account

For assistance, including assistance provided by contract
or by grants, under programs and activities of the Department
of Defense Cooperative Threat Reduction Program authorized
under the Department of Defense Cooperative Threat Reduction
Act, $325,604,000, to remain available until September 30,
2019.

[[Page H3846]]

TITLE III

PROCUREMENT

Aircraft Procurement, Army

For construction, procurement, production, modification,
and modernization of aircraft, equipment, including ordnance,
ground handling equipment, spare parts, and accessories
therefor; specialized equipment and training devices;
expansion of public and private plants, including the land
necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$4,628,697,000, to remain available for obligation until
September 30, 2019.

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,
$1,502,377,000, to remain available for obligation until
September 30, 2019.

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, $2,244,547,000, to remain available for
obligation until September 30, 2019.

Procurement of Ammunition, Army

For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized
equipment and training devices; expansion of public and
private plants, including ammunition facilities, authorized
by section 2854 of title 10, United States Code, and the land
necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$1,513,157,000, to remain available for obligation until
September 30, 2019.

Other Procurement, Army

For construction, procurement, production, and modification
of vehicles, including tactical, support, and non-tracked
combat vehicles; the purchase of passenger motor vehicles for
replacement only; communications and electronic equipment;
other support equipment; spare parts, ordnance, and
accessories therefor; specialized equipment and training
devices; expansion of public and private plants, including
the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$6,081,856,000, to remain available for obligation until
September 30, 2019.

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, $15,900,093,000, to remain available
for obligation until September 30, 2019.

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,
$3,102,544,000, to remain available for obligation until
September 30, 2019.

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,
$601,563,000, to remain available for obligation until
September 30, 2019.

Shipbuilding and Conversion, Navy

For expenses necessary for the construction, acquisition,
or conversion of vessels as authorized by law, including
armor and armament thereof, plant equipment, appliances, and
machine tools and installation thereof in public and private
plants; reserve plant and Government and contractor-owned
equipment layaway; procurement of critical, long lead time
components and designs for vessels to be constructed or
converted in the future; and expansion of public and private
plants, including land necessary therefor, and such lands and
interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title, as follows:
Ohio Replacement Submarine, $773,138,000;
Carrier Replacement Program, $1,271,205,000;
Carrier Replacement Program, (AP), $1,370,784,000;
Virginia Class Submarine, $3,187,985,000;
Virginia Class Submarine (AP), $1,742,134,000;
CVN Refueling Overhauls, $1,689,920,000;
CVN Refueling Overhauls (AP), $248,599,000;
DDG-1000 Program, $271,756,000;
DDG-51 Destroyer, $3,211,292,000;
Littoral Combat Ship, $1,439,192,000;
LHA Replacement, $1,559,189,000;
TAO Fleet Oiler, $73,079,000;
Moored Training Ship, $624,527,000;
Ship to Shore Connector, $128,067,000;
Service Craft, $65,192,000;
LCAC Service Life Extension Program, $1,774,000;
YP Craft Maintenance/ROH/SLEP, $21,363,000;
For outfitting, post delivery, conversions, and first
destination transportation, $645,054,000; and
Completion of Prior Year Shipbuilding Programs,
$160,274,000.
In all: $18,484,524,000, to remain available for obligation
until September 30, 2021, of which $160,274,000 shall remain
available until September 30, 2017, to fund completion of
prior year shipbuilding programs: Provided, That additional
obligations may be incurred after September 30, 2021, 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.

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,
$6,099,326,000, to remain available for obligation until
September 30, 2019.

Procurement, Marine Corps

For expenses necessary for the procurement, manufacture,
and modification of missiles, armament, military equipment,
spare parts, and accessories therefor; plant equipment,
appliances, and machine tools, and installation thereof in
public and private plants; reserve plant and Government and
contractor-owned equipment layaway; vehicles for the Marine
Corps, including the purchase of passenger motor vehicles for
replacement only; and expansion of public and private plants,
including land necessary therefor, and such lands and
interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title,
$1,213,872,000, to remain available for obligation until
September 30, 2019.

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

[[Page H3847]]

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, $14,325,117,000, to remain
available for obligation until September 30, 2019.

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, $2,288,772,000, to remain available
for obligation until September 30, 2019.

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, $2,538,152,000, to remain available
for obligation until September 30, 2019.

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,
$1,609,719,000, to remain available for obligation until
September 30, 2019.

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, $17,342,313,000, to remain available for obligation
until September 30, 2019.

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, $4,649,876,000, to remain
available for obligation until September 30, 2019.

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), $74,065,000,
to remain available until expended.

TITLE IV

RESEARCH, DEVELOPMENT, TEST AND EVALUATION

Research, Development, Test and Evaluation, Army

Research, Development, Test and Evaluation, Navy

For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of
facilities and equipment, $16,831,290,000, to remain
available for obligation until September 30, 2018: Provided,
That funds appropriated in this paragraph which are available
for the V-22 may be used to meet unique operational
requirements of the Special Operations Forces.

Research, Development, Test and Evaluation, Air Force

Research, Development, Test and Evaluation, Defense-Wide

(including transfer of funds)

For expenses of activities and agencies of the Department
of Defense (other than the military departments), necessary
for basic and applied scientific research, development, test
and evaluation; advanced research projects as may be
designated and determined by the Secretary of Defense,
pursuant to law; maintenance, rehabilitation, lease, and
operation of facilities and equipment, $18,311,236,000, to
remain available for obligation until September 30, 2018:
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, $178,994,000, to remain available for obligation
until September 30, 2018.

TITLE V

REVOLVING AND MANAGEMENT FUNDS

Defense Working Capital Funds

For the Defense Working Capital Funds, $1,371,613,000.

TITLE VI

OTHER DEPARTMENT OF DEFENSE PROGRAMS

Defense Health Program

For expenses, not otherwise provided for, for medical and
health care programs of the Department of Defense as
authorized by law, $33,576,563,000; of which $31,696,337,000
shall be for operation and maintenance, of which not to
exceed one percent shall remain available for obligation
until September 30, 2018, and of which up to $15,523,832,000
may be available for contracts entered into under the TRICARE
program; of which $413,219,000, to remain available for
obligation until September 30, 2019, shall be for
procurement; and of which $1,467,007,000, to remain available
for obligation until September 30, 2018, 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 $644,100,000
shall be made available to the United States Army Medical
Research and Materiel Command to carry out the
congressionally directed medical research programs.

Chemical Agents and Munitions Destruction, Defense

For expenses, not otherwise provided for, necessary for the
destruction of the United States stockpile of lethal chemical
agents and munitions in accordance with the provisions of
section 1412 of the Department of Defense Authorization Act,
1986 (50 U.S.C. 1521), and for the destruction of other
chemical warfare materials that are not in the chemical
weapon stockpile, $551,023,000, of which $147,282,000 shall
be for operation and maintenance, of which no less than
$49,533,000 shall be for the Chemical Stockpile Emergency
Preparedness Program, consisting of $20,368,000 for
activities on military installations and $29,165,000, to
remain

[[Page H3848]]

available until September 30, 2018, to assist State and local
governments, not more than $30,000,000, to remain available
until September 30, 2018, shall be for the destruction of
eight United States-origin chemical munitions in the Republic
of Panama, to the extent authorized by law; $15,132,000 shall
be for procurement, to remain available until September 30,
2019, of which $15,132,000 shall be for the Chemical
Stockpile Emergency Preparedness Program to assist State and
local governments; and $388,609,000, to remain available
until September 30, 2018, shall be for research, development,
test and evaluation, of which $380,892,000 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, $908,800,000, of which $631,087,000
shall be for counter-narcotics support; $118,713,000 shall be
for the drug demand reduction program; and $159,000,000 shall
be for the National Guard counter-drug program: Provided,
That the funds appropriated under this heading shall be
available for obligation for the same time period and for the
same purpose as the appropriation to which transferred:
Provided further, That upon a determination that all or part
of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may
be transferred back to this appropriation: Provided further,
That the transfer authority provided under this heading is in
addition to any other transfer authority contained elsewhere
in this Act.

Office of the Inspector General

For expenses and activities of the Office of the Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, as amended, $322,035,000, of which
$318,882,000 shall be for operation and maintenance, of which
not to exceed $700,000 is available for emergencies and
extraordinary expenses to be expended on the approval or
authority of the Inspector General, and payments may be made
on the Inspector General's certificate of necessity for
confidential military purposes; and of which $3,153,000, to
remain available until September 30, 2018, 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, $483,596,000.

TITLE VIII

GENERAL PROVISIONS

Sec. 8001. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes not
authorized by the Congress.
Sec. 8002. During the current fiscal year, provisions of
law prohibiting the payment of compensation to, or employment
of, any person not a citizen of the United States shall not
apply to personnel of the Department of Defense: Provided,
That salary increases granted to direct and indirect hire
foreign national employees of the Department of Defense
funded by this Act shall not be at a rate in excess of the
percentage increase authorized by law for civilian employees
of the Department of Defense whose pay is computed under the
provisions of section 5332 of title 5, United States Code, or
at a rate in excess of the percentage increase provided by
the appropriate host nation to its own employees, whichever
is higher: Provided further, That this section shall not
apply to Department of Defense foreign service national
employees serving at United States diplomatic missions whose
pay is set by the Department of State under the Foreign
Service Act of 1980: Provided further, That the limitations
of this provision shall not apply to foreign national
employees of the Department of Defense in the Republic of
Turkey.
Sec. 8003. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year, unless expressly so provided herein.
Sec. 8004. No more than 20 percent of the appropriations
in this Act which are limited for obligation during the
current fiscal year shall be obligated during the last 2
months of the fiscal year: Provided, That this section shall
not apply to obligations for support of active duty training
of reserve components or summer camp training of the Reserve
Officers' Training Corps.

(transfer of funds)

Sec. 8005. Upon determination by the Secretary of Defense
that such action is necessary in the national interest, he
may, with the approval of the Office of Management and
Budget, transfer not to exceed $4,500,000,000 of working
capital funds of the Department of Defense or funds made
available in this Act to the Department of Defense for
military functions (except military construction) between
such appropriations or funds or any subdivision thereof, to
be merged with and to be available for the same purposes, and
for the same time period, as the appropriation or fund to
which transferred: Provided, That such authority to transfer
may not be used unless for higher priority items, based on
unforeseen military requirements, than those for which
originally appropriated and in no case where the item for
which funds are requested has been denied by the Congress:
Provided further, That the Secretary of Defense shall notify
the Congress promptly of all transfers made pursuant to this
authority or any other authority in this Act: Provided
further, That no part of the funds in this Act shall be
available to prepare or present a request to the Committees
on Appropriations for reprogramming of funds, unless for
higher priority items, based on unforeseen military
requirements, than those for which originally appropriated
and in no case where the item for which reprogramming is
requested has been denied by the Congress: Provided further,
That a request for multiple reprogrammings of funds using
authority provided in this section shall be made prior to
June 30, 2017: Provided further, That transfers among
military personnel appropriations shall not be taken into
account for purposes of the limitation on the amount of funds
that may be transferred under this section.
Sec. 8006. (a) With regard to the list of specific
programs, projects, and activities (and the dollar amounts
and adjustments to budget activities corresponding to such
programs, projects, and activities) contained in the tables
titled Explanation of Project Level Adjustments in the
explanatory statement regarding this Act, the obligation and
expenditure of amounts appropriated or otherwise made
available in this Act for those programs, projects, and
activities for which the amounts appropriated exceed the
amounts requested are hereby required by law to be carried
out in the manner provided by such tables to the same extent
as if the tables were included in the text of this Act.
(b) Amounts specified in the referenced tables described in
subsection (a) shall not be treated as subdivisions of
appropriations for purposes of section 8005 of this Act:
Provided, That section 8005 shall apply when transfers of the
amounts described in subsection (a) occur between
appropriation accounts.
Sec. 8007. (a) Not later than 60 days after enactment of
this Act, the Department of Defense shall submit a report to
the congressional defense committees to establish the
baseline for application of reprogramming and transfer
authorities for fiscal year 2017: 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.

[[Page H3849]]

Sec. 8009. Funds appropriated by this Act may not be used
to initiate a special access program without prior
notification 30 calendar days in advance to the congressional
defense committees.
Sec. 8010. None of the funds provided in this Act shall be
available to initiate: (1) a multiyear contract that employs
economic order quantity procurement in excess of $20,000,000
in any one year of the contract or that includes an unfunded
contingent liability in excess of $20,000,000; or (2) a
contract for advance procurement leading to a multiyear
contract that employs economic order quantity procurement in
excess of $20,000,000 in any one year, unless the
congressional defense committees have been notified at least
30 days in advance of the proposed contract award: Provided,
That no part of any appropriation contained in this Act shall
be available to initiate a multiyear contract for which the
economic order quantity advance procurement is not funded at
least to the limits of the Government's liability: Provided
further, That no part of any appropriation contained in this
Act shall be available to initiate multiyear procurement
contracts for any systems or component thereof if the value
of the multiyear contract would exceed $500,000,000 unless
specifically provided in this Act: Provided further, That no
multiyear procurement contract can be terminated without 30-
day prior notification to the congressional defense
committees: Provided further, That the execution of multiyear
authority shall require the use of a present value analysis
to determine lowest cost compared to an annual procurement:
Provided further, That none of the funds provided in this Act
may be used for a multiyear contract executed after the date
of the enactment of this Act unless in the case of any such
contract--
(1) the Secretary of Defense has submitted to Congress a
budget request for full funding of units to be procured
through the contract and, in the case of a contract for
procurement of aircraft, that includes, for any aircraft unit
to be procured through the contract for which procurement
funds are requested in that budget request for production
beyond advance procurement activities in the fiscal year
covered by the budget, full funding of procurement of such
unit in that fiscal year;
(2) cancellation provisions in the contract do not include
consideration of recurring manufacturing costs of the
contractor associated with the production of unfunded units
to be delivered under the contract;
(3) the contract provides that payments to the contractor
under the contract shall not be made in advance of incurred
costs on funded units; and
(4) the contract does not provide for a price adjustment
based on a failure to award a follow-on contract.
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 fiscal year 2017, 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 2018 budget request for the Department
of Defense as well as all justification material and other
documentation supporting the fiscal year 2018 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 2018.
(c) As required by section 1107 of the National Defense
Authorization Act for Fiscal Year 2014 (Public Law 113-66; 10
U.S.C. 2358 note) civilian personnel at the Department of
Army Science and Technology Reinvention Laboratories may not
be managed on the basis of the Table of Distribution and
Allowances, and the management of the workforce strength
shall be done in a manner consistent with the budget
available with respect to such Laboratories.
(d) Nothing in this section shall be construed to apply to
military (civilian) technicians.
Sec. 8013. None of the funds made available by this Act
shall be used in any way, directly or indirectly, to
influence congressional action on any legislation or
appropriation matters pending before the Congress.
Sec. 8014. None of the funds appropriated by this Act
shall be available for the basic pay and allowances of any
member of the Army participating as a full-time student and
receiving benefits paid by the Secretary of Veterans Affairs
from the Department of Defense Education Benefits Fund when
time spent as a full-time student is credited toward
completion of a service commitment: Provided, That this
section shall not apply to those members who have reenlisted
with this option prior to October 1, 1987: Provided further,
That this section applies only to active components of the
Army.

(transfer of funds)

Sec. 8015. Funds appropriated in title III of this Act for
the Department of Defense Pilot Mentor-Protege Program may be
transferred to any other appropriation contained in this Act
solely for the purpose of implementing a Mentor-Protege
Program developmental assistance agreement pursuant to
section 831 of the National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note),
as amended, under the authority of this provision or any
other transfer authority contained in this Act.
Sec. 8016. None of the funds in this Act may be available
for the purchase by the Department of Defense (and its
departments and agencies) of welded shipboard anchor and
mooring chain 4 inches in diameter and under unless the
anchor and mooring chain are manufactured in the United
States from components which are substantially manufactured
in the United States: Provided, That for the purpose of this
section, the term ``manufactured'' shall include cutting,
heat treating, quality control, testing of chain and welding
(including the forging and shot blasting process): Provided
further, That for the purpose of this section substantially
all of the components of anchor and mooring chain shall be
considered to be produced or manufactured in the United
States if the aggregate cost of the components produced or
manufactured in the United States exceeds the aggregate cost
of the components produced or manufactured outside the United
States: Provided further, That when adequate domestic
supplies are not available to meet Department of Defense
requirements on a timely basis, the Secretary of the service
responsible for the procurement may waive this restriction on
a case-by-case basis by certifying in writing to the
Committees on Appropriations that such an acquisition must be
made in order to acquire capability for national security
purposes.
Sec. 8017. None of the funds available to the Department
of Defense may be used to demilitarize or dispose of M-1
Carbines, M-1 Garand rifles, M-14 rifles, .22 caliber rifles,
.30 caliber rifles, or M-1911 pistols, or to demilitarize or
destroy small arms ammunition or ammunition components that
are not otherwise prohibited from commercial sale under
Federal law, unless the small arms ammunition or ammunition
components are certified by the Secretary of the Army or
designee as unserviceable or unsafe for further use.
Sec. 8018. No more than $500,000 of the funds appropriated
or made available in this Act shall be used during a single
fiscal year for any single relocation of an organization,
unit, activity or function of the Department of Defense into
or within the National Capital Region: Provided, That the
Secretary of Defense may waive this restriction on a case-by-
case basis by certifying in writing to the congressional
defense committees that such a relocation is required in the
best interest of the Government.
Sec. 8019. Of the funds made available in this Act,
$15,000,000 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

[[Page H3850]]

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 $40,021,000 shall be available for the Civil Air
Patrol Corporation, of which--
(1) $28,000,000 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) $10,337,000 shall be available from ``Aircraft
Procurement, Air Force''; and
(3) $1,684,000 shall be available from ``Other Procurement,
Air Force'' for vehicle procurement.
(b) The Secretary of the Air Force should waive
reimbursement for any funds used by the Civil Air Patrol for
counter-drug activities in support of Federal, State, and
local government agencies.
Sec. 8023. (a) None of the funds appropriated in this Act
are available to establish a new Department of Defense
(department) federally funded research and development center
(FFRDC), either as a new entity, or as a separate entity
administrated by an organization managing another FFRDC, or
as a nonprofit membership corporation consisting of a
consortium of other FFRDCs and other nonprofit entities.
(b) No member of a Board of Directors, Trustees, Overseers,
Advisory Group, Special Issues Panel, Visiting Committee, or
any similar entity of a defense FFRDC, and no paid consultant
to any defense FFRDC, except when acting in a technical
advisory capacity, may be compensated for his or her services
as a member of such entity, or as a paid consultant by more
than one FFRDC in a fiscal year: Provided, That a member of
any such entity referred to previously in this subsection
shall be allowed travel expenses and per diem as authorized
under the Federal Joint Travel Regulations, when engaged in
the performance of membership duties.
(c) Notwithstanding any other provision of law, none of the
funds available to the department from any source during the
current fiscal year may be used by a defense FFRDC, through a
fee or other payment mechanism, for construction of new
buildings not located on a military installation, for payment
of cost sharing for projects funded by Government grants, for
absorption of contract overruns, or for certain charitable
contributions, not to include employee participation in
community service and/or development: Provided, That up to 1
percent of funds provided in this Act for support of defense
FFRDCs may be used for planning and design of scientific or
engineering facilities: Provided further, That the Secretary
of Defense shall notify the congressional defense committees
15 days in advance of exercising the authority in the
previous proviso.
(d) Notwithstanding any other provision of law, of the
funds available to the department during fiscal year 2017,
not more than 5,750 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 2018 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 $126,800,000.
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 2017. Such report shall
separately indicate the dollar value of items for which the
Buy American Act was waived pursuant to any agreement
described in subsection (a)(2), the Trade Agreement Act of
1979 (19 U.S.C. 2501 et seq.), or any international agreement
to which the United States is a party.
(c) For purposes of this section, the term ``Buy American
Act'' means chapter 83 of title 41, United States Code.
Sec. 8028. During the current fiscal year, amounts
contained in the Department of Defense Overseas Military
Facility Investment Recovery Account established by section
2921(c)(1) of the National Defense Authorization Act of 1991
(Public Law 101-510; 10 U.S.C. 2687 note) shall be available
until expended for the payments specified by section
2921(c)(2) of that Act.
Sec. 8029. (a) Notwithstanding any other provision of law,
the Secretary of the Air Force may convey at no cost to the
Air Force, without consideration, to Indian tribes located in
the States of Nevada, Idaho, North Dakota, South Dakota,
Montana, Oregon, Minnesota, and Washington relocatable
military housing units located at Grand Forks Air Force Base,
Malmstrom Air Force Base, Mountain Home Air Force Base,
Ellsworth Air Force Base, and Minot Air Force Base that are
excess to the needs of the Air Force.
(b) The Secretary of the Air Force shall convey, at no cost
to the Air Force, military housing units under subsection (a)
in accordance with the request for such units that are
submitted to the Secretary by the Operation Walking Shield
Program on behalf of Indian tribes located in the States of
Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon,
Minnesota, and Washington. Any such conveyance shall be
subject to the condition that the housing units shall be
removed within a reasonable period of time, as determined by
the Secretary.
(c) The Operation Walking Shield Program shall resolve any
conflicts among requests of Indian tribes for housing units
under subsection (a) before submitting requests to the
Secretary of the Air Force under subsection (b).
(d) In this section, the term ``Indian tribe'' means any
recognized Indian tribe included on the current list
published by the Secretary of the Interior under section 104
of the Federally Recognized Indian Tribe Act of 1994 (Public
Law 103-454; 108 Stat. 4792; 25 U.S.C. 479a-1).
Sec. 8030. During the current fiscal year, appropriations
which are available to the Department of Defense for
operation and maintenance may be used to purchase items
having an investment item unit cost of not more than
$250,000.
Sec. 8031. None of the funds made available by this Act
may be used to--
(1) disestablish, or prepare to disestablish, a Senior
Reserve Officers' Training Corps program in accordance with
Department of Defense Instruction Number 1215.08, dated June
26, 2006; or
(2) close, downgrade from host to extension center, or
place on probation a Senior Reserve Officers' Training Corps
program in accordance with the information paper of the
Department of the Army titled ``Army Senior Reserve Officers'
Training Corps (SROTC) Program Review and Criteria'', dated
January 27, 2014.
Sec. 8032. The Secretary of Defense shall issue
regulations to prohibit the sale of any tobacco or tobacco-
related products in military resale outlets in the United
States, its territories and possessions at a price below the
most competitive price in the local community: Provided, That
such regulations shall direct that the prices of tobacco or
tobacco-related products in overseas military retail outlets
shall be within the range of prices established for military
retail system stores located in the United States.

[[Page H3851]]

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 2018 budget request for the Department
of Defense as well as all justification material and other
documentation supporting the fiscal year 2018 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 2018 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, 2018: 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, 2018.
Sec. 8035. Notwithstanding any other provision of law,
funds made available in this Act for the Defense Intelligence
Agency may be used for the design, development, and
deployment of General Defense Intelligence Program
intelligence communications and intelligence information
systems for the Services, the Unified and Specified Commands,
and the component commands.
Sec. 8036. Of the funds appropriated to the Department of
Defense under the heading ``Operation and Maintenance,
Defense-Wide'', not less than $12,000,000 shall be made
available only for the mitigation of environmental impacts,
including training and technical assistance to tribes,
related administrative support, the gathering of information,
documenting of environmental damage, and developing a system
for prioritization of mitigation and cost to complete
estimates for mitigation, on Indian lands resulting from
Department of Defense activities.
Sec. 8037. (a) None of the funds appropriated in this Act
may be expended by an entity of the Department of Defense
unless the entity, in expending the funds, complies with the
Buy American Act. For purposes of this subsection, the term
``Buy American Act'' means chapter 83 of title 41, United
States Code.
(b) If the Secretary of Defense determines that a person
has been convicted of intentionally affixing a label bearing
a ``Made in America'' inscription to any product sold in or
shipped to the United States that is not made in America, the
Secretary shall determine, in accordance with section 2410f
of title 10, United States Code, whether the person should be
debarred from contracting with the Department of Defense.
(c) In the case of any equipment or products purchased with
appropriations provided under this Act, it is the sense of
the Congress that any entity of the Department of Defense, in
expending the appropriation, purchase only American-made
equipment and products, provided that American-made equipment
and products are cost-competitive, quality competitive, and
available in a timely fashion.
Sec. 8038. None of the funds appropriated by this Act and
hereafter shall be available for a contract for studies,
analysis, or consulting services entered into without
competition on the basis of an unsolicited proposal unless
the head of the activity responsible for the procurement
determines--
(1) as a result of thorough technical evaluation, only one
source is found fully qualified to perform the proposed work;
(2) the purpose of the contract is to explore an
unsolicited proposal which offers significant scientific or
technological promise, represents the product of original
thinking, and was submitted in confidence by one source; or
(3) the purpose of the contract is to take advantage of
unique and significant industrial accomplishment by a
specific concern, or to insure that a new product or idea of
a specific concern is given financial support: Provided, That
this limitation shall not apply to contracts in an amount of
less than $25,000, contracts related to improvements of
equipment that is in development or production, or contracts
as to which a civilian official of the Department of Defense,
who has been confirmed by the Senate, determines that the
award of such contract is in the interest of the national
defense.
Sec. 8039. (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. 8040. (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. 8041. 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:

[[Page H3852]]

(1) ``Aircraft Procurement, Army'', 2015/2017, $15,000,000;
(2) ``Other Procurement, Army'', 2015/2017, $30,000,000;
(3) ``Aircraft Procurement, Navy'', 2015/2017,
$150,000,000;
(4) ``Weapons Procurement, Navy'', 2015/2017, $16,698,000;
(5) ``Procurement of Ammunition, Navy and Marine Corps'',
2015/2017, $43,600,000;
(6) ``Aircraft Procurement, Air Force'', 2015/2017,
$65,800,000;
(7) ``Procurement of Ammunition, Army'', 2016/2018,
$13,000,000;
(8) ``Other Procurement, Army'', 2016/2018, $58,000,000;
(9) ``Aircraft Procurement, Navy'', 2016/2018, $6,755,000;
(10) ``Weapons Procurement, Navy'', 2016/2018, $15,413,000;
(11) ``Procurement of Ammunition, Navy and Marine Corps'',
2016/2018, $1,000,000;
(12) ``Shipbuilding and Conversion, Navy'', 2016/2020,
$276,906,000;
(13) ``Other Procurement, Navy'', 2016/2018, $54,394,000;
(14) ``Aircraft Procurement, Air Force'', 2016/2018,
$178,300,000;
(15) ``Other Procurement, Air Force'', 2016/2018,
$23,250,000;
(16) ``Procurement, Defense-wide'', 2016/2018, $2,600,000;
(17) ``Research, Development, Test and Evaluation, Army'',
2016/2017, $73,000,000;
(18) ``Research, Development, Test and Evaluation, Navy'',
2016/2017, $75,000,000;
(19) ``Research, Development, Test and Evaluation, Air
Force'', 2016/2017, $181,700,000; and
(20) ``Research, Development, Test and Evaluation, Defense-
wide'', 2016/2017, $3,000,000.
Sec. 8042. 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. 8043. 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. 8044. 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. 8045. (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. 8046. 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. 8047. None of the funds made available by this Act
for Evolved Expendable Launch Vehicle service competitive
procurements may be used unless the competitive procurements
are open for award to all certified providers of Evolved
Expendable Launch Vehicle-class systems: Provided, That the
award shall be made to the provider that offers the best
value to the government.
Sec. 8048. 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. 8049. 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. 8050. 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. 8051. None of the funds available to the Department
of Defense under this Act shall be obligated or expended to
pay a contractor under a contract with the Department of
Defense for costs of any amount paid by the contractor to an
employee when--
(1) such costs are for a bonus or otherwise in excess of
the normal salary paid by the contractor to the employee; and
(2) such bonus is part of restructuring costs associated
with a business combination.

(including transfer of funds)

Sec. 8052. 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. 8053. 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. 8054. (a) Notwithstanding any other provision of law,
the Chief of the National Guard Bureau may permit the use of
equipment of the National Guard Distance Learning Project by
any person or entity on a space-available, reimbursable
basis. The Chief of the National Guard Bureau shall establish
the amount of reimbursement for such use on a case-by-case
basis.
(b) Amounts collected under subsection (a) shall be
credited to funds available for the National Guard Distance
Learning Project and be available to defray the costs
associated with the use of equipment of the project under
that subsection. Such funds shall be available for such
purposes without fiscal year limitation.
Sec. 8055. None of the funds available to the Department
of Defense may be obligated to modify command and control
relationships to give Fleet Forces Command operational and
administrative control of United States Navy forces assigned
to the Pacific fleet: Provided, That the command and control
relationships which existed on October 1, 2004, shall remain
in force unless changes are specifically authorized in a
subsequent Act: Provided further, That this section does not
apply to administrative control of Navy Air and Missile
Defense Command.

(including transfer of funds)

Sec. 8056. Of the funds appropriated in this Act under the
heading ``Operation and Maintenance, Defense-wide'',
$25,000,000 shall be for continued implementation and
expansion of the Sexual Assault Special Victims' Counsel
Program: Provided, That the funds are made available for
transfer to the Department of the Army, the Department of the
Navy, and the Department of the Air Force: Provided further,
That funds transferred shall be merged with and available for
the same purposes and for the same time period as the
appropriations to which the funds are transferred: Provided
further, That this transfer authority is in addition to any
other transfer authority provided in this Act.
Sec. 8057. 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

[[Page H3853]]

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. 8058. (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. 8059. 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. 8060. 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. 8061. 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. 8062. Notwithstanding section 12310(b) of title 10,
United States Code, a Reserve who is a member of the National
Guard serving on full-time National Guard duty under section
502(f) of title 32, United States Code, may perform duties in
support of the ground-based elements of the National
Ballistic Missile Defense System.
Sec. 8063. 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. 8064. 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. 8065. Of the amounts appropriated in this Act under
the heading ``Operation and Maintenance, Army'', $75,950,170
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. 8066. (a) None of the funds appropriated in this or
any other Act may be used to take any action to modify--
(1) the appropriations account structure for the National
Intelligence Program budget, including through the creation
of a new appropriation or new appropriation account;
(2) how the National Intelligence Program budget request is
presented in the unclassified P-1, R-1, and O-1 documents
supporting the Department of Defense budget request;
(3) the process by which the National Intelligence Program
appropriations are apportioned to the executing agencies; or
(4) the process by which the National Intelligence Program
appropriations are allotted, obligated and disbursed.
(b) Nothing in section (a) shall be construed to prohibit
the merger of programs or changes to the National
Intelligence Program budget at or below the Expenditure
Center level, provided such change is otherwise in accordance
with paragraphs (a)(1)-(3).
(c) The Director of National Intelligence and the Secretary
of Defense may jointly, only for the purposes of achieving
auditable financial statements and improving fiscal
reporting, study and develop detailed proposals for
alternative financial management processes. Such study shall
include a comprehensive counterintelligence risk assessment
to ensure that none of the alternative processes will
adversely affect counterintelligence.
(d) Upon development of the detailed proposals defined
under subsection (c), the Director of National Intelligence
and the Secretary of Defense shall--
(1) provide the proposed alternatives to all affected
agencies;
(2) receive certification from all affected agencies
attesting that the proposed alternatives will help achieve
auditability, improve fiscal reporting, and will not
adversely affect counterintelligence; and
(3) not later than 30 days after receiving all necessary
certifications under paragraph (2), present the proposed
alternatives and certifications to the congressional defense
and intelligence committees.
(e) This section shall not be construed to alter or affect
the application of section 1633 of the National Defense
Authorization Act for Fiscal Year 2016 to the amounts made
available by this Act.
Sec. 8067. In addition to amounts provided elsewhere in
this Act, $5,000,000 is hereby appropriated to the Department
of Defense, to remain available for obligation until
expended: Provided, That notwithstanding any other provision
of law, that upon the determination of the Secretary of
Defense that it shall serve the national interest, these
funds shall be available only for a grant to the Fisher House
Foundation, Inc., only for the construction and furnishing of
additional Fisher Houses to meet the needs of military family
members when confronted with the illness or hospitalization
of an eligible military beneficiary.

(including transfer of funds)

Sec. 8068. Of the amounts appropriated in this Act under
the headings ``Procurement, Defense-Wide'' and ``Research,
Development, Test and Evaluation, Defense-Wide'',
$600,735,000 shall be for the Israeli Cooperative Programs:
Provided, That of this amount, $62,000,000 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;
$266,511,000 shall be for the Short Range Ballistic Missile
Defense (SRBMD) program, including cruise missile defense
research and development under the SRBMD program, of which
$150,000,000 shall be for co-production activities of SRBMD
missiles in the United States and in Israel to meet Israel's
defense requirements consistent with each nation's laws,
regulations, and procedures, of which not more than
$90,000,000, subject to previously established transfer
procedures, may be obligated or expended until establishment
of a U.S.-Israeli co-production agreement for SRBMD;
$204,893,000 shall be for an upper-tier component to the
Israeli Missile Defense Architecture, of which $120,000,000
shall be for co-production activities of Arrow 3 Upper Tier
missiles in the United States and in Israel to meet Israel's
defense requirements consistent with each nation's laws,
regulations, and procedures, of which not more than
$70,000,000, subject to previously established transfer
procedures, may be obligated or expended until establishment
of a U.S.-Israeli co-production agreement for Arrow 3 Upper
Tier; and $67,331,000 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.

[[Page H3854]]

(including transfer of funds)

Sec. 8069. Of the amounts appropriated in this Act under
the heading ``Shipbuilding and Conversion, Navy'',
$160,274,000 shall be available until September 30, 2017, to
fund prior year shipbuilding cost increases: Provided, That
upon enactment of this Act, the Secretary of the Navy shall
transfer funds to the following appropriations in the amounts
specified: Provided further, That the amounts transferred
shall be merged with and be available for the same purposes
as the appropriations to which transferred to:
(1) Under the heading ``Shipbuilding and Conversion,
Navy'', 2012/2017: LPD-17 Amphibious Transport Dock Program
$45,060,000;
(2) Under the heading ``Shipbuilding and Conversion,
Navy'', 2011/2017: DDG-51 Destroyer $15,959,000;
(3) Under the heading ``Shipbuilding and Conversion,
Navy'', 2012/2017: Littoral Combat Ship $3,600,000;
(4) Under the heading ``Shipbuilding and Conversion,
Navy'', 2013/2017: Littoral Combat Ship $82,400,000;
(5) Under the heading ``Shipbuilding and Conversion,
Navy'', 2012/2017: Expeditionary Fast Transport $6,710,000;
and
(6) Under the heading ``Shipbuilding and Conversion,
Navy'', 2013/2017: Expeditionary Fast Transport $6,545,000.
Sec. 8070. 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 2017 until the enactment of the Intelligence
Authorization Act for Fiscal Year 2017.
Sec. 8071. 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. 8072. The budget of the President for fiscal year
2018 submitted to the Congress pursuant to section 1105 of
title 31, United States Code, shall include separate budget
justification documents for costs of United States Armed
Forces' participation in contingency operations for the
Military Personnel accounts, the Operation and Maintenance
accounts, the Procurement accounts, and the Research,
Development, Test and Evaluation accounts: Provided, That
these documents shall include a description of the funding
requested for each contingency operation, for each military
service, to include all Active and Reserve components, and
for each appropriations account: Provided further, That these
documents shall include estimated costs for each element of
expense or object class, a reconciliation of increases and
decreases for each contingency operation, and programmatic
data including, but not limited to, troop strength for each
Active and Reserve component, and estimates of the major
weapons systems deployed in support of each contingency:
Provided further, That these documents shall include budget
exhibits OP-5 and OP-32 (as defined in the Department of
Defense Financial Management Regulation) for all contingency
operations for the budget year and the two preceding fiscal
years.
Sec. 8073. 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. 8074. 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 $573,400,000.
Sec. 8075. 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. 8076. 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. 8077. (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. 8078. Up to $15,000,000 of the funds appropriated
under the heading ``Operation and Maintenance, Navy'' may be
made available for the Asia Pacific Regional Initiative
Program for the purpose of enabling the Pacific Command to
execute Theater Security Cooperation activities such as
humanitarian assistance, and payment of incremental and
personnel costs of training and exercising with foreign
security forces: Provided, That funds made available for this
purpose may be used, notwithstanding any other funding
authorities for humanitarian assistance, security assistance
or combined exercise expenses: Provided further, That funds
may not be obligated to provide assistance to any foreign
country that is otherwise prohibited from receiving such type
of assistance under any other provision of law.
Sec. 8079. 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, 2018.
Sec. 8080. 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. 8081. (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 2017:
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. 8082. None of the funds made available by this Act
may be used to eliminate, restructure, or realign Army
Contracting Command--New Jersey or make disproportionate
personnel reductions at any Army Contracting Command--New
Jersey sites without 30-day prior notification to the
congressional defense committees.
Sec. 8083. None of the funds made available by this Act
for excess defense articles, assistance under section 2282 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 et seq.) 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.

(including transfer of funds)

Sec. 8084. Of the funds appropriated in the Intelligence
Community Management Account for the Program Manager for the
Information Sharing Environment, $17,000,000 is available for
transfer by the Director of National Intelligence to other
departments and agencies for purposes of Government-wide
information sharing activities: Provided, That funds
transferred under this provision are to be merged with and
available for the same purposes and time period as the
appropriation to which transferred: Provided further, That
the Office of Management and Budget must approve any
transfers made under this provision.
Sec. 8085. (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.

[[Page H3855]]

Sec. 8086. 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. 8087. 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.
Sec. 8088. The Department of Defense shall continue to
report incremental contingency operations costs for Operation
Inherent Resolve, Operation Freedom's Sentinel, and any named
successor operations, on a monthly basis and any other
operation designated and identified by the Secretary of
Defense for the purposes of section 127a of title 10, United
States Code, on a semi-annual basis in the Cost of War
Execution Report as prescribed in the Department of Defense
Financial Management Regulation Department of Defense
Instruction 7000.14, Volume 12, Chapter 23 ``Contingency
Operations'', Annex 1, dated September 2005.

(including transfer of funds)

Sec. 8089. During the current fiscal year, not to exceed
$11,000,000 from each of the appropriations made in title II
of this Act for ``Operation and Maintenance, Army'',
``Operation and Maintenance, Navy'', and ``Operation and
Maintenance, Air Force'' may be transferred by the military
department concerned to its central fund established for
Fisher Houses and Suites pursuant to section 2493(d) of title
10, United States Code.

(including transfer of funds)

Sec. 8090. Funds appropriated by this Act may be available
for the purpose of making remittances and transfers to the
Defense Acquisition Workforce Development Fund in accordance
with section 1705 of title 10, United States Code.
Sec. 8091. (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. 8092. (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. 8093. From within the funds appropriated for
operation and maintenance for the Defense Health Program in
this Act, up to $122,375,000, 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. 8094. 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.
Sec. 8095. 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.

(including transfer of funds)

Sec. 8096. 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
$1,000,000,000 of the funds made available in this Act for
the National Intelligence Program: Provided, That such
authority to transfer may not be used unless for higher
priority items, based on unforeseen intelligence
requirements, than those for which originally appropriated
and in no case where the item for which funds are requested
has been denied by the Congress: Provided further, That a
request for multiple reprogrammings of funds using authority
provided in this section shall be made prior to June 30,
2017.
Sec. 8097. 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. 8098. (a) None of the funds appropriated or otherwise
made available in this or any other Act may be used to
construct, acquire, or modify any facility in the United
States, its territories, or possessions to house any
individual described in subsection (c) for the purposes of
detention or imprisonment in the custody or under the
effective control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to
any modification of facilities at United States Naval
Station, Guantanamo Bay, Cuba.
(c) An individual described in this subsection is any
individual who, as of June 24, 2009, is located at United
States Naval Station, Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of
the Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control of the
Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
Sec. 8099. 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.
Sec. 8100. 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.).

[[Page H3856]]

Sec. 8101. None of the funds made available by this Act
may be used by the Department of Defense or any other Federal
agency to lease or purchase new light duty vehicles, for any
executive fleet, or for any agency's fleet inventory, except
in accordance with Presidential Memorandum-Federal Fleet
Performance, dated May 24, 2011.
Sec. 8102. (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. 8103. 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. 8104. (a) Of the funds appropriated in this Act for
the Department of Defense, amounts may be made available,
under such regulations as the Secretary of Defense may
prescribe, to local military commanders appointed by the
Secretary, or by an officer or employee designated by the
Secretary, to provide at their discretion ex gratia payments
in amounts consistent with subsection (d) of this section for
damage, personal injury, or death that is incident to combat
operations of the Armed Forces in a foreign country.
(b) An ex gratia payment under this section may be provided
only if--
(1) the prospective foreign civilian recipient is
determined by the local military commander to be friendly to
the United States;
(2) a claim for damages would not be compensable under
chapter 163 of title 10, United States Code (commonly known
as the ``Foreign Claims Act''); and
(3) the property damage, personal injury, or death was not
caused by action by an enemy.
(c) Nature of Payments.--Any payments provided under a
program under subsection (a) shall not be considered an
admission or acknowledgement of any legal obligation to
compensate for any damage, personal injury, or death.
(d) Amount of Payments.--If the Secretary of Defense
determines a program under subsection (a) to be appropriate
in a particular setting, the amounts of payments, if any, to
be provided to civilians determined to have suffered harm
incident to combat operations of the Armed Forces under the
program should be determined pursuant to regulations
prescribed by the Secretary and based on an assessment, which
should include such factors as cultural appropriateness and
prevailing economic conditions.
(e) Legal Advice.--Local military commanders shall receive
legal advice before making ex gratia payments under this
subsection. The legal advisor, under regulations of the
Department of Defense, shall advise on whether an ex gratia
payment is proper under this section and applicable
Department of Defense regulations.
(f) Written Record.--A written record of any ex gratia
payment offered or denied shall be kept by the local
commander and on a timely basis submitted to the appropriate
office in the Department of Defense as determined by the
Secretary of Defense.
(g) Report.--The Secretary of Defense shall report to the
congressional defense committees on an annual basis the
efficacy of the ex gratia payment program including the
number of types of cases considered, amounts offered, the
response from ex gratia payment recipients, and any
recommended modifications to the program.
Sec. 8105. 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. 8106. The Secretary of Defense shall post grant
awards on a public Web site in a searchable format.
Sec. 8107. 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. 8108. 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. 8109. 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. 8110. 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 without the express
authorization of Congress: 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. 8111. 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. 8112. 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. 8113. None of the funds made available by this Act
may be used to divest, retire, transfer, or place in storage
or on backup aircraft inventory status, or prepare to divest,
retire, transfer, or place in storage or on backup aircraft
inventory status, any A-10 aircraft, or to disestablish any
units of the active or reserve component associated with such
aircraft.
Sec. 8114. Of the funds provided for ``Research,
Development, Test and Evaluation, Defense-Wide'' in this Act,
not less than $2,800,000 shall be used to support the
Department's activities related to the implementation of the
Digital Accountability and Transparency Act (Public Law 113-
101; 31 U.S.C. 6101 note) and to support the implementation
of a uniform procurement instrument identifier as described
in subpart 4.16 of Title 48, Code of Federal Regulations, to
include changes in business processes, workforce, or
information technology.
Sec. 8115. None of the funds provided in this Act for the
T-AO(X) 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. 8116. The amount appropriated in title II for
``Operation and Maintenance, Army'' is hereby reduced by
$336,000,000 to reflect excess cash balances in Department of
Defense Working Capital Funds.
Sec. 8117. Notwithstanding any other provision of this
Act, to reflect savings due to lower than anticipated fuel
costs, the total amount appropriated in title II of this Act
is hereby reduced by $1,493,000,000.

[[Page H3857]]

Sec. 8118. None of the funds made available by this Act
may be used to divest or retire, or to prepare to divest or
retire, KC-10 aircraft.
Sec. 8119. None of the funds made available by this Act
may be used to divest, retire, transfer, or place in storage
or on backup aircraft inventory status, or prepare to divest,
retire, transfer, or place in storage or on backup aircraft
inventory status, any EC-130H aircraft.
Sec. 8120. 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. 8121. None of the funds made available by this Act
may be used to propose, plan for, or execute a new or
additional Base Realignment and Closure (BRAC) round.
Sec. 8122. Funds appropriated in title III of this Act may
be used for a multiyear procurement contract as follows: AH-
64E Apache Helicopter and UH-60M Blackhawk Helicopter.
Sec. 8123. Of the amounts appropriated in this Act for
``Operation and Maintenance, Navy'', $274,524,000, to remain
available until expended, may be used for any purposes
related to the National Defense Reserve Fleet established
under section 11 of the Merchant Ship Sales Act of 1946 (50
U.S.C. 4405): Provided, That such amounts are available for
reimbursements to the Ready Reserve Force, Maritime
Administration account of the United States Department of
Transportation for programs, projects, activities, and
expenses related to the National Defense Reserve Fleet.

(including transfer of funds)

Sec. 8124. Of the funds previously appropriated for the
``Ship Modernization, Operations and Sustainment Fund'', the
Secretary of the Navy may transfer such funds to
appropriations for research, development, test and
evaluation; and procurement, only for the purposes of
sustaining, equipping, and modernizing the Ticonderoga-class
guided missile cruisers CG-63, CG-64, CG-65, CG-66, CG-67,
CG-68, CG-69, CG-70, CG-71, CG-72, CG-73, and the Whidbey
Island-class dock landing ships LSD-41, LSD-42, and LSD-46:
Provided, That funds transferred shall be merged with and be
available for the same purposes and for the same time period
as the appropriation to which they are transferred: Provided
further, That the transfer authority provided herein shall be
in addition to any other transfer authority provided in the
Act: Provided further, That the Secretary of the Navy shall,
not less than 30 days prior to making any transfer from the
``Ship Modernization, Operations and Sustainment Fund'',
notify the congressional defense committees in writing of the
details of such transfer: Provided further, That the
Secretary of the Navy shall transfer and obligate funds from
the ``Ship Modernization, Operations and Sustainment Fund''
for modernization of not more than two Ticonderoga-class
guided missile cruisers: Provided further, That no more than
six Ticonderoga-class guided missile cruisers shall be in a
phased modernization at any time: Provided further, That the
Secretary of the Navy shall contract for the required
modernization equipment in the year prior to inducting a
Ticonderoga-class cruiser for modernization: Provided
further, That the prohibition in section 2244a(a) of title
10, United States Code, shall not apply to the use of any
funds transferred pursuant to this section.
Sec. 8125. The Secretary of Defense may use up to
$95,000,000 appropriated in titles II and IV of this Act to
develop, replace, and sustain Federal Government security and
suitability background investigation information technology
systems of the Office of Personnel Management: Provided, That
such funds shall supplement, not supplant any other amounts
made available to other Federal agencies for such purposes.
Sec. 8126. None of the funds made available by this Act
for the Joint Surveillance Target Attack Radar System
recapitalization program may be obligated or expended for
pre-milestone B activities after December 31, 2017.
Sec. 8127. Using funds made available by this Act or any
other Act, the Secretary of the Air Force, pursuant to a
determination under section 2918 of title 10, United States
Code, may implement cost-effective agreements for required
heating facility modernization in the Kaiserslautern Military
Community in the Federal Republic of Germany: Provided, That
in the City of Kaiserslautern and at the Rhine Ordnance
Barracks area, such agreements shall include the use of
energy sourced domestically within the United States as the
base load energy for municipal district heat to the United
States Defense installations: Provided further, That at
Landstuhl Army Regional Medical Center and Ramstein Air Base,
furnished heat may be obtained from private, regional or
municipal services, if provisions are included for the
consideration of domestically sourced United States energy
sources.
Sec. 8128. Of the amounts made available by this Act for
``Defense Working Capital Funds'' that are provided for the
Defense Working Capital Fund, Defense Commissary Agency
(DeCA), not less than $48,000,000 shall be used to support
the transportation of fresh fruits and vegetables to
commissaries in Asia and the Pacific.
Sec. 8129. None of the funds provided in this Act shall be
used for the acceptance of fresh fruits and vegetables at any
commissary in Asia and the Pacific unless such fresh fruits
and vegetables were grown within the country in which the
commissary was located or were accepted for use by the
Defense Commissary Agency at a location in the continental
United States.
Sec. 8130. None of the funds made available in this Act or
any other Act making appropriations for the Department of
Defense may be used to close, in part or in whole, or
transfer, in part or in whole, from the jurisdiction of the
Department of Defense of the United States, Naval Station
Guantanamo Bay.

(including transfer of funds)

Sec. 8131. In addition to amounts provided elsewhere in
this Act for military personnel pay, including active duty,
reserve and National Guard personnel, $340,000,000 is hereby
appropriated to the Department of Defense and made available
for transfer only to military personnel accounts: Provided,
That the transfer authority provided under this heading is in
addition to any other transfer authority provided elsewhere
in this Act.
Sec. 8132. None of the funds made available by this Act
may be used to enforce section 526 of the Energy Independence
and Security Act of 2007 (Public Law 110-140; 42 U.S.C.
17142).

(including transfer of funds)

Sec. 8133. Additional readiness funds made available in
title II of this Act for ``Operation and Maintenance, Army'',
``Operation and Maintenance, Navy'', ``Operation and
Maintenance, Marine Corps'', and ``Operation and Maintenance,
Air Force'' may be transferred to and merged with any
appropriation of the Department of Defense for activities
related to the Zika virus in order to provide health support
for the full range of military operations and sustain the
health of the members of the Armed Forces, civilian employees
of the Department of Defense, and their families, to include:
research and development, disease surveillance, vaccine
development, rapid detection, vector controls and
surveillance, training, and outbreak response: Provided, That
the authority provided in this section is subject to the same
terms and conditions as the authority provided in Sec. 8005
of this Act.
Sec. 8134. (a) The Secretary of Defense may provide from
funds appropriated in title II of this Act up to $5,000,000
for financial support for military service memorials and
museums in the acquisition, installation, and maintenance of
exhibits, facilities, and programs that highlight the role of
women in the military.
(b)(1) Subject to paragraph (2), the Secretary may carry
out subsection (a) by entering into contracts with nonprofit
organizations under which such an organization shall carry
out the activities described in such subsection.
(2) The Secretary may not enter into a contract under
paragraph (1) until the congressional defense committees have
received a report from the Secretary that describes how the
use of such a contract will help educate and inform the
public on the history and mission of the military, or support
training and leadership development of military personnel,
and is in the best interests of the Department of Defense.
Sec. 8135. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network
unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities, or
for any activity necessary for the national defense,
including intelligence activities.
Sec. 8136. 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.

TITLE IX

OVERSEAS CONTINGENCY OPERATIONS/GLOBAL WAR ON TERRORISM

MILITARY PERSONNEL

Military Personnel, Army

For an additional amount for ``Military Personnel, Army'',
$2,426,130,000: 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:
Provided further, That of the amount provided under this
heading, $1,154,828,000 shall be made available to support
base budget requirements as detailed in the appropriate
account table included under the heading ``Title IX -
Overseas Contingency Operations/Global War on Terrorism'' in
the report accompanying this Act.

Military Personnel, Navy

For an additional amount for ``Military Personnel, Navy'',
$257,501,000: 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

[[Page H3858]]

Emergency Deficit Control Act of 1985: Provided further, That
of the amount provided under this heading, $63,500,000 shall
be made available to support base budget requirements as
detailed in the appropriate account table included under the
heading ``Title IX - Overseas Contingency Operations/Global
War on Terrorism'' in the report accompanying this Act.

Military Personnel, Marine Corps

For an additional amount for ``Military Personnel, Marine
Corps'', $453,542,000: 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: Provided further, That of the amount
provided under this heading, $349,000,000 shall be made
available to support base budget requirements as detailed in
the appropriate account table included under the heading
``Title IX - Overseas Contingency Operations/Global War on
Terrorism'' in the report accompanying this Act.

Military Personnel, Air Force

For an additional amount for ``Military Personnel, Air
Force'', $591,792,000: 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: Provided further, That of the amount
provided under this heading, $145,000,000 shall be made
available to support base budget requirements as detailed in
the appropriate account table included under the heading
``Title IX - Overseas Contingency Operations/Global War on
Terrorism'' in the report accompanying this Act.

Reserve Personnel, Army

For an additional amount for ``Reserve Personnel, Army'',
$203,174,000: 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:
Provided further, That of the amount provided under this
heading, $172,362,000 shall be made available to support base
budget requirements as detailed in the appropriate account
table included under the heading ``Title IX - Overseas
Contingency Operations/Global War on Terrorism'' in the
report accompanying this Act.

Reserve Personnel, Navy

For an additional amount for ``Reserve Personnel, Navy'',
$7,905,000: 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'', $3,087,000: 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'', $15,979,000: 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'', $436,968,000: 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: Provided further, That of the amount
provided under this heading, $316,454,000 shall be made
available to support base budget requirements as detailed in
the appropriate account table included under the heading
``Title IX - Overseas Contingency Operations/Global War on
Terrorism'' in the report accompanying this Act.

National Guard Personnel, Air Force

For an additional amount for ``National Guard Personnel,
Air Force'', $4,125,000: 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'', $12,582,680,000: 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: Provided further, That of the amount
provided under this heading, $2,186,672,000 shall be made
available to support base budget requirements as detailed in
the appropriate account table included under the heading
``Title IX - Overseas Contingency Operations/Global War on
Terrorism'' in the report accompanying this Act.

Operation and Maintenance, Navy

(including transfer of funds)

For an additional amount for ``Operation and Maintenance,
Navy'', $5,029,252,000, of which up to $162,692,000 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:
Provided further, That of the amount provided under this
heading, $1,082,170,000 shall be made available to support
base budget requirements as detailed in the appropriate
account table included under the heading ``Title IX -
Overseas Contingency Operations/Global War on Terrorism'' in
the report accompanying this Act.

Operation and Maintenance, Marine Corps

For an additional amount for ``Operation and Maintenance,
Marine Corps'', $916,496,000: 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: Provided further, That of the amount
provided under this heading, $166,900,000 shall be made
available to support base budget requirements as detailed in
the appropriate account table included under the heading
``Title IX - Overseas Contingency Operations/Global War on
Terrorism'' in the report accompanying this Act.

Operation and Maintenance, Air Force

For an additional amount for ``Operation and Maintenance,
Air Force'', $6,870,406,000: 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: Provided further, That of the amount
provided under this heading, $960,626,000 shall be made
available to support base budget requirements as detailed in
the appropriate account table included under the heading
``Title IX - Overseas Contingency Operations/Global War on
Terrorism'' in the report accompanying this Act.

Operation and Maintenance, Defense-Wide

For an additional amount for ``Operation and Maintenance,
Defense-Wide'', $3,895,434,000: Provided, That of the funds
provided under this heading, not to exceed $1,100,000,000, to
remain available until September 30, 2018, shall be for
payments to reimburse key cooperating nations for logistical,
military, and other support, including access, provided to
United States military and stability operations in
Afghanistan and to counter the Islamic State of Iraq and the
Levant: Provided further, That such reimbursement payments
may be made in such amounts as the Secretary of Defense, with
the concurrence of the Secretary of State, and in
consultation with the Director of the Office of Management
and Budget, may determine, based on documentation determined
by the Secretary of Defense to adequately account for the
support provided, and such determination is final and
conclusive upon the accounting officers of the United States,
and 15 days following notification to the appropriate
congressional committees: Provided further, That 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 the Levant, and 15
days following notification to the appropriate congressional
committees: Provided further, That these funds may be used to
support the Government of Jordan, in such amounts as the
Secretary of Defense may determine, to enhance the ability of
the armed forces of Jordan to increase or sustain security
along its borders, upon 15 days prior written notification to
the congressional defense committees outlining the amounts
intended to be provided and the nature of the expenses
incurred: Provided further, That of the funds provided under
this heading, up to $30,000,000 shall be for Operation
Observant Compass: Provided further, That the Secretary of
Defense shall provide quarterly reports to the congressional
defense committees on the use of funds provided in this
paragraph: 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:
Provided further, That of the amount provided under this
heading, $351,000,000 shall be made available to support base
budget requirements as detailed in the appropriate account
table included under the heading ``Title IX - Overseas
Contingency Operations/Global War on Terrorism'' in the
report accompanying this Act.

Operation and Maintenance, Army Reserve

For an additional amount for ``Operation and Maintenance,
Army Reserve'', $272,047,000: 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: Provided further, That of the amount
provided under this heading, $186,381,000 shall be made
available to support base budget requirements as detailed in
the appropriate account table included under the heading
``Title IX - Overseas Contingency Operations/Global War on
Terrorism'' in the report accompanying this Act.

[[Page H3859]]

Operation and Maintenance, Navy Reserve

For an additional amount for ``Operation and Maintenance,
Navy Reserve'', $138,019,000: 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: Provided further, That of the amount
provided under this heading, $112,350,000 shall be made
available to support base budget requirements as detailed in
the appropriate account table included under the heading
``Title IX - Overseas Contingency Operations/Global War on
Terrorism'' in the report accompanying this Act.

Operation and Maintenance, Marine Corps Reserve

For an additional amount for ``Operation and Maintenance,
Marine Corps Reserve'', $29,628,000: 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: Provided further, That of the amount
provided under this heading, $24,550,000 shall be made
available to support base budget requirements as detailed in
the appropriate account table included under the heading
``Title IX - Overseas Contingency Operations/Global War on
Terrorism'' in the report accompanying this Act.

Operation and Maintenance, Air Force Reserve

For an additional amount for ``Operation and Maintenance,
Air Force Reserve'', $72,723,000: 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: Provided further, That of the amount
provided under this heading, $27,550,000 shall be made
available to support base budget requirements as detailed in
the appropriate account table included under the heading
``Title IX - Overseas Contingency Operations/Global War on
Terrorism'' in the report accompanying this Act.

Operation and Maintenance, Army National Guard

For an additional amount for ``Operation and Maintenance,
Army National Guard'', $380,221,000: 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: Provided further, That of the amount
provided under this heading, $237,880,000 shall be made
available to support base budget requirements as detailed in
the appropriate account table included under the heading
``Title IX - Overseas Contingency Operations/Global War on
Terrorism'' in the report accompanying this Act.

Operation and Maintenance, Air National Guard

For an additional amount for ``Operation and Maintenance,
Air National Guard'', $279,036,000: 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: Provided further, That of the amount
provided under this heading, $247,950,000 shall be made
available to support base budget requirements as detailed in
the appropriate account table included under the heading
``Title IX - Overseas Contingency Operations/Global War on
Terrorism'' in the report accompanying this Act.

Counterterrorism Partnerships Fund

(including transfer of funds)

For the ``Counterterrorism Partnerships Fund'',
$750,000,000, to remain available until September 30, 2018:
Provided, That such funds shall be available to provide
support and assistance to foreign security forces or other
groups or individuals to conduct, support, or facilitate
counterterrorism and crisis response activities: Provided
further, That the Secretary of Defense shall transfer the
funds provided herein to other appropriations provided for in
this Act to be merged with and to be available for the same
purposes and subject to the same authorities and for the same
time period as the appropriation to which transferred:
Provided further, That the transfer authority under this
heading is in addition to any other transfer authority
provided elsewhere in this Act: Provided further, That the
funds available under this heading are available for transfer
only to the extent that the Secretary of Defense submits a
prior approval reprogramming request to the congressional
defense committees: Provided further, That upon a
determination by the Secretary of Defense that all or part of
the funds transferred from this appropriation are not
necessary for the purposes herein, such amounts may be
transferred back to the appropriation and shall be available
for the same purposes and for the same time period as
originally appropriated: Provided further, That the amount
provided under this heading 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'',
$3,448,715,000, to remain available until September 30, 2018:
Provided, That such funds shall be available to the Secretary
of Defense, notwithstanding any other provision of law, for
the purpose of allowing the Commander, Combined Security
Transition Command--Afghanistan, or the Secretary's designee,
to provide assistance, with the concurrence of the Secretary
of State, to the security forces of Afghanistan, including
the provision of equipment, supplies, services, training,
facility and infrastructure repair, renovation, construction,
and funding: Provided further, That the authority to provide
assistance under this heading is in addition to any other
authority to provide assistance to foreign nations: Provided
further, That contributions of funds for the purposes
provided herein from any person, foreign government, or
international organization may be credited to this Fund, to
remain available until expended, and used for such purposes:
Provided further, That the Secretary of Defense shall notify
the congressional defense committees in writing upon the
receipt and upon the obligation of any contribution,
delineating the sources and amounts of the funds received and
the specific use of such contributions: Provided further,
That the Secretary of Defense shall, not fewer than 15 days
prior to obligating from this appropriation account, notify
the congressional defense committees in writing of the
details of any such obligation: Provided further, That the
Secretary of Defense shall notify the congressional defense
committees of any proposed new projects or transfer of funds
between budget sub-activity groups in excess of $20,000,000:
Provided further, That the United States may accept equipment
procured using funds provided under this heading in this or
prior Acts that was transferred to the security forces of
Afghanistan and returned by such forces to the United States:
Provided further, That equipment procured using funds
provided under this heading in this or prior Acts, and not
yet transferred to the security forces of Afghanistan or
transferred to the security forces of Afghanistan and
returned by such forces to the United States, may be treated
as stocks of the Department of Defense upon written
notification to the congressional defense committees:
Provided further, That of the funds provided under this
heading, not more than $25,000,000 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-Islamic State of Iraq and the Levant Train and Equip Fund

For the ``Counter-Islamic State of Iraq and the Levant
Train and Equip Fund'', $880,000,000, to remain available
until September 30, 2018: Provided, That such funds shall be
available to the Secretary of Defense, in coordination with
the Secretary of State, to provide assistance, including
training; equipment; logistics support, supplies, and
services; funding, including payments and stipends;
infrastructure repair, renovation, and sustainment, to
military and other security forces of or associated with the
Government of Iraq, including Kurdish and tribal security
forces or other foreign security forces, irregular forces, or
groups with a security mission, to counter the Islamic State
of Iraq and the Levant, and their affiliated or associated
groups: 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, or under the heading ``Iraq
Train and Equip Fund'' in prior Acts, that was transferred to
security forces, irregular forces, or groups participating,
or preparing to participate in activities to counter the
Islamic State of Iraq and the Levant and returned by such
forces or groups to the United States, may be treated as
stocks of the Department of Defense upon written notification
to the congressional defense committees: Provided further,
That equipment procured using funds provided under this
heading, or under the heading, ``Iraq Train and Equip Fund''
in prior Acts, and not yet transferred to security forces,
irregular forces, or groups participating or preparing to
participate in activities to counter the Islamic State of
Iraq and the Levant may be treated as stocks of the
Department of Defense when determined by the Secretary to no
longer be required for transfer to such forces or groups and
upon written notification to the congressional defense
committees: Provided further, That amounts made available
under this heading shall be available to provide assistance
only for activities in a country designated by the Secretary
of Defense, with the concurrence of the Secretary of State,
as having a security mission to counter the Islamic State of
Iraq and the Levant, and following written notification to
the congressional defense committees within 15 days of such
designation: Provided further, That the authority to provide
assistance under this heading is in addition to any other
authority to provide assistance to foreign security forces,
irregular forces, or

[[Page H3860]]

groups: Provided further, That the Secretary of Defense shall
ensure that prior to providing assistance to elements of any
forces such elements are appropriately vetted, including, at
a minimum, by 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 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 entities may be credited to this Fund, to remain
available until expended, and used for such purposes:
Provided further, That not more than 25 percent of the funds
appropriated under this heading may be obligated or expended
until not fewer than 15 days after: (1) the Secretary of
Defense submits a report to the appropriate congressional
committees, describing the plan for the provision of such
training and assistance and the forces designated to receive
such assistance; and (2) the President submits a report to
the appropriate congressional committees on how assistance
provided under this heading supports a larger regional
strategy: Provided further, That of the amount provided under
this heading, not more than 60 percent may be obligated or
expended until not fewer than 15 days after the date on which
the Secretary of Defense certifies to the appropriate
congressional committees that an amount equal to not less
than 40 percent of the amount provided under this heading has
been contributed by other countries and entities for the
purposes for which funds are provided under this heading, of
which at least 35 percent shall have been contributed or
provided by the Government of Iraq: Provided further, That
the limitation in the preceding proviso shall not apply if
the Secretary of Defense determines, in writing, that the
national security objectives of the United States will be
compromised by the application of the limitation to such
assistance, and notifies the appropriate congressional
committees not less than 15 days in advance of the exemption
taking effect, including a justification for the Secretary's
determination and a description of the assistance to be
exempted from the application of such limitation: 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
such provisions 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
appropriate congressional 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. The reports shall include
claimed numbers of members in each organization, as
previously defined; numbers of actual fighters trained;
ideology; status of relationship for each group; the areas of
operation for each group and the scope of support provided
for each group, and a listing of the countries, groups, and
individuals providing assistance: Provided further, That the
term ``appropriate congressional committees'' under this
heading means 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 amounts made available under this heading 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

Aircraft Procurement, Army

For an additional amount for ``Aircraft Procurement,
Army'', $795,071,000, to remain available until September 30,
2019: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985:
Provided further, That of the amount provided under this
heading, $481,900,000 shall be made available to support base
budget requirements as detailed in the appropriate account
table included under the heading ``Title IX - Overseas
Contingency Operations/Global War on Terrorism'' in the
report accompanying this Act.

Missile Procurement, Army

For an additional amount for ``Missile Procurement, Army'',
$828,917,000, to remain available until September 30, 2019:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985: Provided further,
That of the amount provided under this heading, $196,100,000
shall be made available to support base budget requirements
as detailed in the appropriate account table included under
the heading ``Title IX - Overseas Contingency Operations/
Global War on Terrorism'' in the report accompanying this
Act.

Procurement of Weapons and Tracked Combat Vehicles, Army

For an additional amount for ``Procurement of Weapons and
Tracked Combat Vehicles, Army'', $610,544,000, to remain
available until September 30, 2019: Provided, That such
amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That of the amount
provided under this heading, $212,000,000 shall be made
available to support base budget requirements as detailed in
the appropriate account table included under the heading
``Title IX - Overseas Contingency Operations/Global War on
Terrorism'' in the report accompanying this Act.

Procurement of Ammunition, Army

For an additional amount for ``Procurement of Ammunition,
Army'', $541,723,000, to remain available until September 30,
2019: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985:
Provided further, That of the amount provided under this
heading, $240,200,000 shall be made available to support base
budget requirements as detailed in the appropriate account
table included under the heading ``Title IX - Overseas
Contingency Operations/Global War on Terrorism'' in the
report accompanying this Act.

Other Procurement, Army

For an additional amount for ``Other Procurement, Army'',
$1,381,410,000, to remain available until September 30, 2019:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985: Provided further,
That of the amount provided under this heading, $8,400,000
shall be made available to support base budget requirements
as detailed in the appropriate account table included under
the heading ``Title IX - Overseas Contingency Operations/
Global War on Terrorism'' in the report accompanying this
Act.

Aircraft Procurement, Navy

For an additional amount for ``Aircraft Procurement,
Navy'', $971,037,000, to remain available until September 30,
2019: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985:
Provided further, That of the amount provided under this
heading, $626,714,000 shall be made available to support base
budget requirements as detailed in the appropriate account
table included under the heading ``Title IX - Overseas
Contingency Operations/Global War on Terrorism'' in the
report accompanying this Act.

Weapons Procurement, Navy

For an additional amount for ``Weapons Procurement, Navy'',
$183,700,000, to remain available until September 30, 2019:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985: Provided further,
That of the amount provided under this heading, $175,100,000
shall be made available to support base budget requirements
as detailed in the appropriate account table included under
the heading ``Title IX - Overseas Contingency Operations/
Global War on Terrorism'' in the report accompanying this
Act.

Procurement of Ammunition, Navy and Marine Corps

For an additional amount for ``Procurement of Ammunition,
Navy and Marine Corps'', $120,540,000, to remain available
until September 30, 2019: Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That of the amount
provided under this heading, $58,000,000 shall be made
available to support base budget requirements as detailed in
the appropriate account table included under the heading
``Title IX - Overseas Contingency Operations/Global War on
Terrorism'' in the report accompanying this Act.

Shipbuilding and Conversion, Navy

For an additional amount for ``Shipbuilding and Conversion,
Navy'', $3,086,300,000, to remain available until September
30, 2021, to be provided to the following programs: Carrier
Replacement Program, (AP), $263,000,000; DDG-51 Destroyer,
$433,000,000; Amphibious Ship Replacement LXR,
$1,550,000,000; Ship to Shore Connector, $160,000,000; LCAC
Service Life Extension Program, $80,300,000; and Classified
Programs, $600,000,000: 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: Provided further, That of the amount
provided under this heading, $3,086,300,000 shall be made
available to support base budget requirements as detailed in
the appropriate account table included under the heading
``Title IX - Overseas Contingency Operations/Global War on
Terrorism'' in the report accompanying this Act.

[[Page H3861]]

Other Procurement, Navy

For an additional amount for ``Other Procurement, Navy'',
$214,081,000, to remain available until September 30, 2019:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985: Provided further,
That of the amount provided under this heading, $102,530,000
shall be made available to support base budget requirements
as detailed in the appropriate account table included under
the heading ``Title IX - Overseas Contingency Operations/
Global War on Terrorism'' in the report accompanying this
Act.

Procurement, Marine Corps

For an additional amount for ``Procurement, Marine Corps'',
$213,667,000, to remain available until September 30, 2019:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985: Provided further,
That of the amount provided under this heading, $107,463,000
shall be made available to support base budget requirements
as detailed in the appropriate account table included under
the heading ``Title IX - Overseas Contingency Operations/
Global War on Terrorism'' in the report accompanying this
Act.

Aircraft Procurement, Air Force

For an additional amount for ``Aircraft Procurement, Air
Force'', $2,005,549,000, to remain available until September
30, 2019: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985:
Provided further, That of the amount provided under this
heading, $1,295,716,000 shall be made available to support
base budget requirements as detailed in the appropriate
account table included under the heading ``Title IX -
Overseas Contingency Operations/Global War on Terrorism'' in
the report accompanying this Act.

Missile Procurement, Air Force

For an additional amount for ``Missile Procurement, Air
Force'', $335,795,000, to remain available until September
30, 2019: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985:
Provided further, That of the amount provided under this
heading, $194,420,000 shall be made available to support base
budget requirements as detailed in the appropriate account
table included under the heading ``Title IX - Overseas
Contingency Operations/Global War on Terrorism'' in the
report accompanying this Act.

Procurement of Ammunition, Air Force

For an additional amount for ``Procurement of Ammunition,
Air Force'', $478,158,000, to remain available until
September 30, 2019: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985:
Provided further, That of the amount provided under this
heading, $323,000,000 shall be made available to support base
budget requirements as detailed in the appropriate account
table included under the heading ``Title IX - Overseas
Contingency Operations/Global War on Terrorism'' in the
report accompanying this Act.

Other Procurement, Air Force

For an additional amount for ``Other Procurement, Air
Force'', $3,479,781,000, to remain available until September
30, 2019: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.

Procurement, Defense-Wide

For an additional amount for ``Procurement, Defense-Wide'',
$389,134,000, to remain available until September 30, 2019:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985: Provided further,
That of the amount provided under this heading, $170,000,000
shall be made available to support base budget requirements
as detailed in the appropriate account table included under
the heading ``Title IX - Overseas Contingency Operations/
Global War on Terrorism'' in the report accompanying this
Act.

National Guard and Reserve Equipment Account

For procurement of rotary-wing aircraft; combat, tactical
and support vehicles; other weapons; and other procurement
items for the reserve components of the Armed Forces,
$1,000,000,000, to remain available for obligation until
September 30, 2019: Provided, That the Chiefs of National
Guard and Reserve components shall, not later than 30 days
after enactment of this Act, individually submit to the
congressional defense committees the modernization priority
assessment for their respective National Guard or Reserve
component: Provided further, That none of the funds made
available by this paragraph may be used to procure manned
fixed wing aircraft, or procure or modify missiles,
munitions, or ammunition: Provided further, That such amount
is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

Research, Development, Test and Evaluation, Army

For an additional amount for ``Research, Development, Test
and Evaluation, Army'', $167,522,000, to remain available
until September 30, 2018: 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: Provided further, That of the amount
provided under this heading, $67,000,000 shall be made
available to support base budget requirements as detailed in
the appropriate account table included under the heading
``Title IX - Overseas Contingency Operations/Global War on
Terrorism'' in the report accompanying this Act.

Research, Development, Test and Evaluation, Navy

For an additional amount for ``Research, Development, Test
and Evaluation, Navy'', $106,323,000, to remain available
until September 30, 2018: 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: Provided further, That of the amount
provided under this heading, $65,990,000 shall be made
available to support base budget requirements as detailed in
the appropriate account table included under the heading
``Title IX - Overseas Contingency Operations/Global War on
Terrorism'' in the report accompanying this Act.

Research, Development, Test and Evaluation, Air Force

For an additional amount for ``Research, Development, Test
and Evaluation, Air Force'', $42,905,000, to remain available
until September 30, 2018: 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: Provided further, That of the amount
provided under this heading, $10,000,000 shall be made
available to support base budget requirements as detailed in
the appropriate account table included under the heading
``Title IX - Overseas Contingency Operations/Global War on
Terrorism'' in the report accompanying this Act.

Research, Development, Test and Evaluation, Defense-Wide

For an additional amount for ``Research, Development, Test
and Evaluation, Defense-Wide'', $179,919,000, to remain
available until September 30, 2018: 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: Provided further, That of the amount
provided under this heading, $20,000,000 shall be made
available to support base budget requirements as detailed in
the appropriate account table included under the heading
``Title IX - Overseas Contingency Operations/Global War on
Terrorism'' in the report accompanying this Act.

REVOLVING AND MANAGEMENT FUNDS

Defense Working Capital Funds

For an additional amount for ``Defense Working Capital
Funds'', $140,633,000: 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'',
$781,764,000, 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: Provided further,
That of the amount provided under this heading, $450,000,000
shall be made available to support base budget requirements
as detailed in the appropriate account table included under
the heading ``Title IX - Overseas Contingency Operations/
Global War on Terrorism'' in the report accompanying this
Act.

Drug Interdiction and Counter-Drug Activities, Defense

For an additional amount for ``Drug Interdiction and
Counter-Drug Activities, Defense'', $215,333,000: Provided,
That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985.

Joint Improvised-Threat Defeat Fund

(including transfer of funds)

For the ``Joint Improvised-Threat Defeat Fund'',
$408,272,000, to remain available until

[[Page H3862]]

September 30, 2019: Provided, That such funds shall be
available to the Secretary of Defense, notwithstanding any
other provision of law, for the purpose of allowing the
Director of the Joint Improvised Explosive Device Defeat
Organization to investigate, develop and provide equipment,
supplies, services, training, facilities, personnel and funds
to assist United States forces in the defeat of improvised
explosive devices: Provided further, That the Secretary of
Defense may transfer funds provided herein to appropriations
for military personnel; operation and maintenance;
procurement; research, development, test and evaluation; and
defense working capital funds to accomplish the purpose
provided herein: Provided further, That this transfer
authority is in addition to any other transfer authority
available to the Department of Defense: Provided further,
That the Secretary of Defense shall, not fewer than 15 days
prior to making transfers from this appropriation, notify the
congressional defense committees in writing of the details of
any such transfer: Provided further, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.

Office of the Inspector General

For an additional amount for the ``Office of the Inspector
General'', $22,062,000: 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 2017.

(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 $4,500,000,000
between the appropriations or funds made available to the
Department of Defense in this title: Provided, That the
Secretary shall notify the Congress promptly of each transfer
made pursuant to the authority in this section: Provided
further, That the authority provided in this section is in
addition to any other transfer authority available to the
Department of Defense and is subject to the same terms and
conditions as the authority provided in section 8005 of this
Act.
Sec. 9003. Supervision and administration costs and costs
for design during construction associated with a construction
project funded with appropriations available for operation
and maintenance or the ``Afghanistan Security Forces Fund''
provided in this Act and executed in direct support of
overseas contingency operations in Afghanistan, may be
obligated at the time a construction contract is awarded:
Provided, That, for the purpose of this section, supervision
and administration costs and costs for design during
construction include all in-house Government costs.
Sec. 9004. From funds made available in this title, the
Secretary of Defense may purchase for use by military and
civilian employees of the Department of Defense in the United
States Central Command area of responsibility: (1) passenger
motor vehicles up to a limit of $75,000 per vehicle; and (2)
heavy and light armored vehicles for the physical security of
personnel or for force protection purposes up to a limit of
$450,000 per vehicle, notwithstanding price or other
limitations applicable to the purchase of passenger carrying
vehicles.
Sec. 9005. Not to exceed $5,000,000 of the amounts
appropriated by this title under the heading ``Operation and
Maintenance, Army'' may be used, notwithstanding any other
provision of law, to fund the Commanders' Emergency Response
Program (CERP), for the purpose of enabling military
commanders in Afghanistan to respond to urgent, small-scale,
humanitarian relief and reconstruction requirements within
their areas of responsibility: Provided, That each project
(including any ancillary or related elements in connection
with such project) executed under this authority shall not
exceed $2,000,000: Provided further, That not later than 45
days after the end of each 6 months of the fiscal year, the
Secretary of Defense shall submit to the congressional
defense committees a report regarding the source of funds and
the allocation and use of funds during that 6-month period
that were made available pursuant to the authority provided
in this section or under any other provision of law for the
purposes described herein: Provided further, That, not later
than 30 days after the end of each fiscal year quarter, the
Army shall submit to the congressional defense committees
quarterly commitment, obligation, and expenditure data for
the CERP in Afghanistan: Provided further, That, not less
than 15 days before making funds available pursuant to the
authority provided in this section or under any other
provision of law for the purposes described herein for a
project with a total anticipated cost for completion of
$500,000 or more, the Secretary shall submit to the
congressional defense committees a written notice containing
each of the following:
(1) The location, nature and purpose of the proposed
project, including how the project is intended to advance the
military campaign plan for the country in which it is to be
carried out.
(2) The budget, implementation timeline with milestones,
and completion date for the proposed project, including any
other CERP funding that has been or is anticipated to be
contributed to the completion of the project.
(3) A plan for the sustainment of the proposed project,
including the agreement with either the host nation, a non-
Department of Defense agency of the United States Government
or a third-party contributor to finance the sustainment of
the activities and maintenance of any equipment or facilities
to be provided through the proposed project.
Sec. 9006. Funds available to the Department of Defense
for operation and maintenance may be used, notwithstanding
any other provision of law, to provide supplies, services,
transportation, including airlift and sealift, and other
logistical support to coalition forces supporting military
and stability operations in Afghanistan and to counter the
Islamic State of Iraq and the Levant: Provided, That the
Secretary of Defense shall provide quarterly reports to the
congressional defense committees regarding support provided
under this section.
Sec. 9007. None of the funds appropriated or otherwise
made available by this or any other Act shall be obligated or
expended by the United States Government for a purpose as
follows:
(1) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Iraq.
(2) To exercise United States control over any oil resource
of Iraq.
(3) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Afghanistan.
Sec. 9008. None of the funds made available in this Act
may be used in contravention of the following laws enacted or
regulations promulgated to implement the United Nations
Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (done at New York on
December 10, 1984):
(1) Section 2340A of title 18, United States Code.
(2) Section 2242 of the Foreign Affairs Reform and
Restructuring Act of 1998 (division G of Public Law 105-277;
112 Stat. 2681-822; 8 U.S.C. 1231 note) and regulations
prescribed thereto, including regulations under part 208 of
title 8, Code of Federal Regulations, and part 95 of title
22, Code of Federal Regulations.
(3) Sections 1002 and 1003 of the Department of Defense,
Emergency Supplemental Appropriations to Address Hurricanes
in the Gulf of Mexico, and Pandemic Influenza Act, 2006
(Public Law 109-148).
Sec. 9009. None of the funds provided for the
``Afghanistan Security Forces Fund'' (ASFF) may be obligated
prior to the approval of a financial and activity plan by the
Afghanistan Resources Oversight Council (AROC) of the
Department of Defense: Provided, That the AROC must approve
the requirement and acquisition plan for any service
requirements in excess of $50,000,000 annually and any non-
standard equipment requirements in excess of $100,000,000
using ASFF: Provided further, That the Department of Defense
must certify to the congressional defense committees that the
AROC has convened and approved a process for ensuring
compliance with the requirements in the preceding proviso and
accompanying report language for the ASFF.
Sec. 9010. Funds made available in this title to the
Department of Defense for operation and maintenance may be
used to purchase items having an investment unit cost of not
more than $250,000: Provided, That, upon determination by the
Secretary of Defense that such action is necessary to meet
the operational requirements of a Commander of a Combatant
Command engaged in contingency operations overseas, such
funds may be used to purchase items having an investment item
unit cost of not more than $500,000.
Sec. 9011. From funds made available to the Department of
Defense in this title under the heading ``Operation and
Maintenance, Air Force'', up to $60,000,000 may be used by
the Secretary of Defense, notwithstanding any other provision
of law, to support United States Government transition
activities in Iraq by funding the operations and activities
of the Office of Security Cooperation in Iraq and security
assistance teams, including life support, transportation and
personal security, and facilities renovation and
construction, and site closeout activities prior to returning
sites to the Government of Iraq: Provided, That to the extent
authorized under the National Defense Authorization Act for
Fiscal Year 2017, the operations and activities that may be
carried out by the Office of Security Cooperation in Iraq
may, with the concurrence of the Secretary of State, include
non-operational training activities in support of Iraqi
Minister of Defense and Counter Terrorism Service personnel
in an institutional environment to address capability gaps,
integrate processes relating to intelligence, air
sovereignty, combined arms, logistics and maintenance, and to
manage and integrate defense-related institutions: Provided
further, That not later than 30 days following the enactment
of this Act, the Secretary of Defense and the Secretary of
State shall submit to the congressional defense committees a
plan for transitioning any such training activities that they
determine are

[[Page H3863]]

needed after the end of fiscal year 2017, to existing or new
contracts for the sale of defense articles or defense
services consistent with the provisions of the Arms Export
Control Act (22 U.S.C. 2751 et seq.): Provided further, That,
not less than 15 days before making funds available pursuant
to the authority provided in this section, the Secretary of
Defense shall submit to the congressional defense committees
a written notice containing a detailed justification and
timeline for the operations and activities of the Office of
Security Cooperation in Iraq at each site where such
operations and activities will be conducted during fiscal
year 2017: 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. 9012. Up to $500,000,000 of funds appropriated by
this Act for the Counterterrorism Partnerships Fund 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. 9013. None of the funds made available by this Act
under the heading ``Counter-Islamic State of Iraq and the
Levant Train and Equip Fund'' may be used to procure or
transfer man-portable air defense systems.
Sec. 9014. For the ``Ukraine Security Assistance
Initiative'', $150,000,000 is hereby appropriated, to remain
available until September 30, 2017: Provided, That such funds
shall be available to the Secretary of Defense, in
coordination with the Secretary of State, to provide
assistance, including training; equipment; lethal weapons of
a defensive nature; logistics support, supplies and services;
sustainment; and intelligence support to the military and
national security forces of Ukraine, and for replacement of
any weapons or defensive articles provided to the Government
of Ukraine from the inventory of the United States: Provided
further, That the Secretary of Defense shall, not less than
15 days prior to obligating funds provided under this
heading, notify the congressional defense committees in
writing of the details of any such obligation: Provided
further, That the United States may accept equipment procured
using funds provided under this heading in this or prior Acts
that was transferred to the security forces of Ukraine and
returned by such forces to the United States: Provided
further, That equipment procured using funds provided under
this heading in this or prior Acts, and not yet transferred
to the military or National Security Forces of Ukraine or
returned by such forces to the United States, may be treated
as stocks of the Department of Defense upon written
notification to the congressional defense committees:
Provided further, That amounts made available by this section
are designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Sec. 9015. 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 9014 of
this Act.
Sec. 9016. None of the funds made available by this Act
under section 9014 for ``Assistance and Sustainment to the
Military and National Security Forces of Ukraine'' may be
used to procure or transfer man-portable air defense systems.
Sec. 9017. (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. 9018. In addition to amounts otherwise made available
in this Act, $500,000,000 is hereby appropriated to the
Department of Defense and made available for transfer only to
the operation and maintenance, military personnel, and
procurement accounts, to improve the intelligence,
surveillance, and reconnaissance capabilities of the
Department of Defense: Provided, That the transfer authority
provided in this section is in addition to any other transfer
authority provided elsewhere in this Act: Provided further,
That not later than 30 days prior to exercising the transfer
authority provided in this section, the Secretary of Defense
shall submit a report to the congressional defense committees
on the proposed uses of these funds: Provided further, That
the funds provided in this section may not be transferred to
any program, project, or activity specifically limited or
denied by this Act: Provided further, That amounts made
available by this section are designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985: Provided further,
That the authority to provide funding under this section
shall terminate on September 30, 2017.
Sec. 9019. None of the funds made available by this Act
may be used with respect to Syria in contravention of the War
Powers Resolution (50 U.S.C. 1541 et seq.), including for the
introduction of United States armed or military forces into
hostilities in Syria, into situations in Syria where imminent
involvement in hostilities is clearly indicated by the
circumstances, or into Syrian territory, airspace, or waters
while equipped for combat, in contravention of the
congressional consultation and reporting requirements of
sections 3 and 4 of that law (50 U.S.C. 1542 and 1543).

(rescissions)

Sec. 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, as
amended:
(1) ``Operation and Maintenance, Defense-Wide, DSCA
Coalition Support Fund'', 2016/2017, $300,000,000;
(2) ``Counterterrorism Partnership Fund'', 2016/2017,
$200,000,000; and
(3) ``Other Procurement, Air Force'', 2016/2018,
$169,000,000.
Sec. 9021. 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

Sec. 10001. (a) Congress finds that--
(1) the United States has been engaged in military
operations against the Islamic State of Iraq and the Levant
(ISIL) for more than 20 months;
(2) President Obama submitted an authorization for the use
of military force against ISIL in February 2015; and
(3) under article 1, section 8 of the Constitution,
Congress has the authority to ``declare war''.
(b) Therefore, Congress has a constitutional duty to debate
and determine whether or not to authorize the use of military
force against ISIL.

spending reduction account

Sec. 10002. 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.

The Acting CHAIR. No amendment to the bill shall be in order except
those printed in House Report 114-623, amendments en bloc described in
section 3 of House Resolution 783, and pro forma amendments described
in section 4 of that resolution.
Each amendment printed in the report shall be considered only in the
order printed in the report, may be offered only by a Member designated
in the report, shall be considered as read, shall be debatable for the
time specified in the report equally divided and controlled by the
proponent and an opponent, shall not be subject to amendment except as
provided by section 4 of House Resolution 783, and shall not be subject
to a demand for division of the question.

[[Page H3864]]

It shall be in order at any time for the chair of the Committee on
Appropriations or his designee to offer amendments en bloc consisting
of amendments printed in the report not earlier disposed of. Amendments
en bloc shall be considered as read, shall be debatable for 20 minutes
equally divided and controlled by the chair and ranking minority member
of the Committee on Appropriations or their respective designees, shall
not be subject to amendment except as provided by section 4 of House
Resolution 783, and shall not be subject to a demand for division of
the question.
During consideration of the bill for amendment, the chair and ranking
minority member of the Committee on Appropriations or their respective
designees may offer up to 10 pro forma amendments each at any point for
the purpose of debate.

Amendment No. 1 Offered by Ms. Jackson Lee

The Acting CHAIR. It is now in order to consider amendment No. 1
printed in House Report 114-623.
Ms. JACKSON LEE. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 3, line 2, after the dollar amount, insert ``(reduced
by $2,000,000) (increased by $2,000,000)''.

The Acting CHAIR. Pursuant to House Resolution 783, 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 want to thank the chairman of the
subcommittee and the ranking member of the subcommittee for coming
forward on what I know is a very hard task. I thank them so very much.
I thank the Rules Committee, in this structured rule, for allowing
this amendment to come forward, and I would like to share with my
colleagues my intense commitment to the language of this amendment and
the purpose.
Over the last year, I have been working with IFES and NDI, and I have
been working with women around the world who have come here to the
United States Congress to discuss peace and security.
The purpose of this amendment is to encourage the Secretary of
Defense to allocate resources needed to provide technical assistance to
U.S. military women, to military women in other countries, so military
women to military women, in combating violence as a weapon of war,
terrorism, human trafficking, narcotics trafficking, and their impact
on women and girls.
I recall the aftermath of the Afghan war, when we went over to
Afghanistan, when they were writing the constitution. Members of the
United States Congress, women, insisted on women's rights being in that
constitution.
I, myself, went to Afghanistan and met with women parliamentarians,
and we thought that we had secured their place in the infrastructure of
that country. But, ultimately, when the Taliban rose up again, girls'
schools were burned, and women were not protected.
I believe that now that more women are in the military--not only in
the United States, but they are in the military around the world--this
women-to-women conversation is a very important dialogue to help
protect women and girls. Again, it is to give them the technical
assistance and to help provide the Department of Defense with the
resources needed for that technical assistance.
Terrorism, human trafficking, narcotics trafficking has a great
impact on women and girls. To find your school burned has an impact.
It will help curb terrorism, this communication between women in the
military of the United States and around the world, by making available
American technical military expertise to militaries in other countries
like, for example, Nigeria, which is combating violent jihadists such
as Boko Haram.
These victims include Christians, Muslims, journalists, healthcare
providers, relief workers, school children, and members of the
diplomatic corps, and the armed services.
Terrorists across the globe have wreaked havoc on our society and
cannot be tolerated or ignored, for their actions pose a threat to our
national security and the security of the world.
I ask for support for the Jackson Lee amendment.
Mr. FRELINGHUYSEN. Will the gentlewoman yield?
Ms. JACKSON LEE. I yield to the gentleman from New Jersey.
Mr. FRELINGHUYSEN. Mr. Chairman, I am pleased to accept the
gentlewoman's amendment, and thank her for her advocacy.
Ms. JACKSON LEE. Mr. Chairman, again, let me thank the ranking member
for his support and assistance, and let me also thank the chairman.
I ask my colleagues to support this amendment for the protection and
safety and security of women and girls around the world. Peace and
security can be emphasized by the Jackson Lee amendment.
I want to thank Chairman Frelinghuysen 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. Chair, 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 the Jackson Lee amendment 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. Chair, 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.
The Jackson Lee amendment will 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.
The Jackson Lee amendment 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. Chair, 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

[[Page H3865]]

trafficking and negate their impact on women and girls across the globe
serves our national interest.
I urge my colleagues to support the Jackson Lee amendment.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from Texas (Ms. Jackson Lee).
The amendment was agreed to.

Amendment No. 2 Offered by Mr. Shuster

The Acting CHAIR. It is now in order to consider amendment No. 2
printed in House Report 114-623.
Mr. SHUSTER. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 7, line 14, after the dollar amount insert the
following: ``(increased by $170,000,000)''.
Page 13, line 11, after the dollar amount insert the
following: ``(reduced by $20,000,000)''.
Page 14, line 6, after the dollar amount insert the
following: ``(reduced by $20,000,000)''.
Page 15, line 3, after the dollar amount insert the
following: ``(reduced by $20,000,000)''.
Page 8, line 22, after the dollar amount insert the
following: ``(reduced by $135,000,000)''.

The Acting CHAIR. Pursuant to House Resolution 783, the gentleman
from Pennsylvania (Mr. Shuster) and a Member opposed each will control
5 minutes.
The Chair recognizes the gentleman from Pennsylvania.
Mr. SHUSTER. Mr. Chairman, I rise today in support of my amendment,
to protect America's depots, arsenals, and ammunition plants, commonly
known as the organic industrial base.
For over 200 years, the U.S. military has relied on a set of unique,
highly technical facilities to equip its warfighters. They take
equipment worn down in the field over months of hard use and
remanufacture it, bringing it back to fighting condition and returning
it to the hands of our Armed Forces.
In my district, Letterkenny Army Depot works tirelessly to get
equipment turned around and to supply the Patriot missile battalions,
the most deployed units in the Army. Everything from helicopters to
small arms and tanks are brought into the depot system to be reset.
During the course of the war in Iraq and Afghanistan, the organic
industrial base reset more than 3.9 million items, and over $30 billion
worth of equipment for the Army, Air Force, Navy, and Marine Corps have
been reset. In 2015 alone, over 66,000 pieces of equipment were reset
in our depots.
Even better, the organic industrial base makes good business sense.
For every dollar invested in depots and arsenals, $1.78 is returned to
the taxpayers. Taken together, these installations are America's
national security readiness insurance policy.
My amendment seeks to restore a damaging cut that will directly
impact our depots and arsenals, and would do concrete damage to the
ability to support the warfighter.
According to the Army, these reductions will affect the Army's
ability to repair equipment needed to sustain readiness, increase unit
production cost, and could result in the loss of critical skill sets.
Further, these cuts threaten Army readiness and the ability to
support future operations.
ISIS is on the move. Russia is flying their jets within a few feet of
our ships. And China is building a small island empire. Now is not the
time to make cuts to the depots and arsenals repairing equipment so we
can reuse it to defend our Nation.
Ladies and gentlemen, let me compare this to something that we all
can relate to, and that is, if we were building a house and we had
$1,000 to build the external structure of that house and, at the end of
the year, we had spent $250 to build the foundation, well, that $750
that is not going to be spent this year has to be spent next year
building the walls, building the roof, and building the siding. And
that is what this is tantamount to doing.

{time} 1445

Those equipment have long lead times. It takes them time. They can't
get it all done at the end of the year, so those dollars are already
obligated. They are dollars that are going to be spent to rebuild these
pieces of important equipment.
With a range of dangerous enemies and a U.S. military that is
stretched thin, it is not in our best national interest to strip these
funds for such a critical purpose.
So I ask all Members to fully support this amendment. It is fully
offset with bipartisan support, Mr. Chairman, and, again, I urge
Members to accept it.
I reserve the balance of my time.
Mr. FRELINGHUYSEN. Mr. Chairman, I rise in opposition to the
amendment.
The Acting CHAIR. The gentleman from New Jersey is recognized for 5
minutes
Mr. FRELINGHUYSEN. Mr. Chairman, let me thank Chairman Shuster for
his strong advocacy on behalf of our military, our Army, our depot, and
our arsenals.
Let me explain why I am opposed to his amendment. This amendment is
in response to the committee's decision to make targeted reductions to
the Army Working Capital Fund due to the historically large carryover
balances above the allowable ceiling. Our bill does not cut funds for
Army depots. Please understand that our bill strongly supports the
depots and the organic industrial base. In fact, our bill provides an
additional $750 million in the fiscal year 2017 budget for additional
depot maintenance work across all of our services.
I know the gentleman is aware that given the fiscal constraints under
the current budgetary caps, targeted reductions aimed at money unspent
helps alleviate the need for actual programmatic reductions in the Army
and the department's O&M activities. I can't support an amendment that
would cut operations and maintenance accounts, which this does.
These accounts provide critical funding for training, operations,
maintenance, and readiness programs, things our committee bill has
emphasized.
After a decade of war, restoring readiness is the top priority for
both the Army and our committee. Therefore, while I appreciate my
colleague's concern and pledge to work with him closely on this issue,
I urge rejection of his amendment.
Mr. Chairman, I reserve the balance of my time.
Mr. SHUSTER. Again, I certainly thank the chairman and my good friend
from New Jersey for being a champion for our national defense, but I
disagree. I think this does hurt our readiness because these are
dollars that are obligated. These are projects that aren't completed at
the end of the fiscal year but have to go on to the next year. The
Army, in fact, has been reducing carryover for the last 5 years, and,
again, these budgets that are tight, you still have to complete the
reset for this equipment to be able to go back into the field.
Again, it is already obligated, and it will impact readiness. So,
again, our bill offsets it. I think we have bipartisan support, so I
would, again, urge all my colleagues to support this to protect our
depot system which is critical to the Nation's readiness.
Mr. Chairman, I reserve the balance of my time.
Mr. FRELINGHUYSEN. Mr. Chairman, I yield such time as he may consume
to the gentleman from Indiana (Mr. Visclosky), the ranking member.
Mr. VISCLOSKY. Mr. Chairman, I appreciate the chairman yielding, and
I simply want to associate myself with his remarks.
I also have a deep respect for the gentleman from Pennsylvania. I
appreciate what he is trying to do, but as the chairman did mention,
this does make cuts as far as operation, readiness, and training. So I
do associate myself with Chairman Frelinghuysen's remark.
Mr. FRELINGHUYSEN. Mr. Chairman, I yield back the balance of my time.
Mr. SHUSTER. Again, I have great respect for both the gentlemen from
Indiana and New Jersey, but this, I do believe, does affect readiness.
As I keep saying, these dollars are obligated. By cutting them, we will
stop the flow of work once the fiscal year ends and they continue to
rebuild this vital, vital equipment that needs to get back into the
field and needs to be back and deployed so that our warfighters have
the equipment necessary.
With that, Mr. Chairman, I yield back the balance of my time.

[[Page H3866]]

The Acting CHAIR. The question is on the amendment offered by the
gentleman from Pennsylvania (Mr. Shuster).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. SHUSTER. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Pennsylvania
will be postponed.

Amendment No. 3 Offered by Ms. Michelle Lujan Grisham of New Mexico

The Acting CHAIR. It is now in order to consider amendment No. 3
printed in House Report 114-623.
Ms. MICHELLE LUJAN GRISHAM of New Mexico. Mr. Chairman, I have an
amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 7, line 14, after the dollar amount, insert ``(reduced
by $1,000,000)''.
Page 7, line 23, after the dollar amount, insert ``(reduced
by $3,000,000)''.
Page 8, line 11, after the dollar amount, insert ``(reduced
by $3,000,000)''.
Page 31, line 8, after the dollar amount, insert
``(increased by $7,000,000)''.

The Acting CHAIR. Pursuant to House Resolution 783, the gentlewoman
from New Mexico (Ms. Michelle Lujan Grisham of New Mexico) and a Member
opposed each will control 5 minutes.
The Chair recognizes the gentlewoman from New Mexico.
Ms. MICHELLE LUJAN GRISHAM of New Mexico. Mr. Chairman, I yield
myself such time as I may consume.
Mr. Chair, the United States is a leader in the research and
development of directed energy technologies, including high energy
lasers. Now, this technology plays a significant role for our military
on and off the battlefield, offering substantial advantages to our
troops.
Directed energy technology uses highly focused energy to minimize
collateral damage, reduce civilian casualties, and then give our troops
the advantage they need on the battlefield.
Now, I have seen these systems being developed and tested when I
visited the Air Force Research Laboratory in New Mexico. I am very
proud of the groundbreaking work being done there and New Mexico's
contribution to developing and advancing this important technology.
Now, I hope that as this technology develops, it could spur the
development, then, of non-defense and civilian-related applications.
My amendment increases the funding for the HEL-JTO by $7 million. The
HEL-JTO is the High Energy Laser Joint Technology Office which oversees
the high energy laser research for the Air Force, Navy, and Army.
Now, this funding will support the development of beam directors,
adaptive optics, deformable mirrors, and high energy diodes. These
components, in fact, will help high energy laser technology to become
smaller, more portable, and more efficient, which expands the
possibilities for the military.
Given that the Army's current work is focused on large ground systems
that lack mobility, I was pleased that the House Appropriations
Committee recognized the need for smaller and more portable directed
energy technology and urged the Army to invest in directed energy
capabilities for both combat vehicles and dismounted soldiers.
The committee further encouraged the Secretary of the Army to reduce
the size, weight, power, and cost for these directed energy systems and
to focus on integrating them into our existing or future combat and
tactical vehicles as well as individual soldier weapon systems.
It is clear that the committee understands the importance of further
development of this important technology through HEL-JTO, and I hope to
continue to work with my colleagues on both sides of the aisle to
ensure that they have the funding that they need to fulfill their
important mission.
Mr. Chairman, it is my hope that you will continue to work with me as
this process moves forward in order to ensure that we are, in fact,
fully investing in these and other technologies that really can make
the difference, frankly, on and off the battlefield.
Mr. Chairman, I ask unanimous consent to withdraw my amendment.
The Acting CHAIR. Is there objection to the request of the
gentlewoman from New Mexico?
There was no objection.
The Acting CHAIR. The amendment is withdrawn.

Amendment No. 4 Offered by Mrs. Hartzler

The Acting CHAIR. It is now in order to consider amendment No. 4
printed in House Report 114-623.
Mrs. HARTZLER. Mr. Chairman, I offer an amendment.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 8, line 22, after the dollar amount insert the
following: ``(reduced by $20,000,000)''.
Page 20, line 14, after the dollar amount insert the
following: ``(increased by $20,000,000)''.

The Acting CHAIR. Pursuant to House Resolution 783, the gentlewoman
from Missouri (Mrs. Hartzler) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentlewoman from Missouri.
Mrs. HARTZLER. Mr. Chairman, as our military has been severely
shortchanged over the past few years from budget cuts, it has been
stretched thin--too thin--and we must make some very significant
decisions to ensure our military readiness remains at a level capable
of addressing the expanding threats of today.
We have seen stories of airplane parts being cannibalized from museum
aircraft and units making do with old or degraded resources, and our
military operations and troops are suffering as a result. We have also
seen evidence of buildings in disrepair, falling apart, or unusable due
to their poor conditions.
This is true of the Army's old and aging ammunition plants like
pictured here. These plants produce the small caliber ammunition and
armaments required by our troops for training and combat operations.
These critical facilities operate 24/7, 365 days a year, and they have
little or no counterpart in the private sector, meaning any shutdown or
production stoppage would have significant impacts and consequences for
our men and women in uniform. At 75 years old, all four of these plants
are in various states of disrepair and in dire need of modernization
and upkeep. Failing to make this investment could result in the loss of
90 percent of all small caliber ammunition used by troops in every
branch of our Armed Forces. Almost 90 percent of all small caliber ammo
used by troops in every branch of our Armed Forces are produced in
plants, and we must continue to provide the necessary resources to
modernize these aging facilities.
The plants' conditions are the result of devastating budget cuts
which have forced valuable dollars into other programs and projects.
They have been neglected too long, and we must act before it is too
late.
We are charged with making sure our men and women in uniform have the
resources they need to address the threats of today and prepare for
those of tomorrow. This amendment makes this critical investment for
our troops, and I urge my colleagues to support it.
Mr. FRELINGHUYSEN. Will the gentlewoman yield?
Mrs. HARTZLER. I yield to the gentleman from New Jersey.
Mr. FRELINGHUYSEN. We are very pleased to support the gentlewoman's
amendment, and we thank her for her advocacy on behalf of much-needed
modernization of these ammunition plants.
Mrs. HARTZLER. Thank you, Mr. Chairman, and I appreciate your
support. It is critical that we modernize these plants, and I urge all
my colleagues to support this amendment.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from Missouri (Mrs. Hartzler).
The amendment was agreed to.

Amendment No. 5 Offered by Mr. Meehan

The Acting CHAIR. It is now in order to consider amendment No. 5
printed in House Report 114-623.
Mr. MEEHAN. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 8, line 22, after the dollar amount insert the
following: ``(reduced by $7,000,000) (increased by
$7,000,000)''.

[[Page H3867]]

The Acting CHAIR. Pursuant to House Resolution 783, the gentleman
from Pennsylvania (Mr. Meehan) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Pennsylvania.
Mr. MEEHAN. Mr. Chairman, I rise to offer an amendment that will
facilitate health screenings in communities coping with groundwater
contamination from nearby defense installations. My amendment dedicates
$7 million in the operations and maintenance defense-wide account to
screenings for residents who, unbeknownst to them, have fallen victim
to exposure to firefighting chemicals which have bled into the drinking
water.
One of those sites where this has happened for over a couple of
decades is in my district, a district I share with the gentleman from
Philadelphia, Mr. Brendan F. Boyle, the Navy Air Station in Montgomery
County, and Mr. Fitzpatrick of Bucks County in Warminster.
The Navy has been working very closely with the EPA and the public
water authorities to take wells off line to address contamination and
to provide public drinking water. But one of the things that they have
not done is levels of screening to determine whether there has been any
impact associated with the presence of what we call PFOAs, something
the EPA has determined levels at which it may create a potential risk.
Make no mistake about it, the Federal Government is responsible for
this. That will not be an issue which will be contested. So the
question is whether there is precedent for the ability to work on
something like this, allowing the Navy. And the answer is, yes, this
has happened. Private entities in both Hoosick, New York, and West
Virginia have worked through State authorities to enable there to be
testing of thousands of local residents in situations like this to
determine whether or not there could have been any local impact due to
that.
So we are not asking the Defense Department to put any kind of man
hours into this. We are asking them to work with what we believe are
appropriate authorities that already exist, and for them to work in
public-private partnerships with State entities to enable and
facilitate some of this testing to take place.
I think the Navy deserves credit for being proactive in the way they
have looked at this issue. But we see this as a continuing obligation
and would like to see the Navy fulfill the support to enable this
important, important testing to take place.
Mr. Chairman, I want to thank Chairman Frelinghuysen for putting
important language in the appropriations bill that includes report
language requiring the Pentagon to report on what sites pose a
potential health risk and its plan to address them. I am very thankful
to my friend, Representative Brendan F. Boyle from Philadelphia, who
has worked closely with me on this issue. But I also understand, Mr.
Chairman, that the chairman of the committee has some observations on
this.
Mr. Chairman, I yield such time as he may consume to the gentleman
from New Jersey (Mr. Frelinghuysen).
Mr. FRELINGHUYSEN. Mr. Chairman, I thank the gentleman for yielding.
I appreciate the gentleman's concerns and share those concerns very
deeply, as do all members of our committee.
Concerns about PFCs have been proliferating nationwide as more
evidence becomes available about the toxicity of these compounds.

{time} 1500

Our bill does provide $33 billion for the Defense Health Program and
another $289 million for the Navy Environmental Restoration Program,
nearly $8 million more than requested.
However, it has come to our attention that the Department may lack
the authority presently to administer blood screening tests or spend
funds requested by my colleague for this specific activity. Our
committee is certainly committed to working with him and thanks him for
his leadership. We will be working very closely with him and closely
with the State of Pennsylvania to see what sort of partnerships we
could put together to address this problem and what would be a success
in Pennsylvania. We could look across the Nation for implementation as
well.
I thank the gentleman for yielding.
Mr. MEEHAN. I thank the chairman.
Mr. Chairman, I yield to the gentleman from Philadelphia,
Pennsylvania (Mr. Brendan F. Boyle).
Mr. BRENDAN F. BOYLE of Pennsylvania. Mr. Chair, I thank my colleague
who also represents Montgomery County and parts near Philadelphia, Mr.
Meehan. It has been an absolute pleasure to work with him on this issue
on a bipartisan basis, as well as our colleague, Mr. Fitzpatrick, from
Bucks County.
Mr. Chair, PFOA and PFOS are chemical compounds, PFCs, that are found
in the firefighting foams that have been used on military bases
throughout the country. The EPA and other agencies are testing these
chemicals for suspected links to cancer and other serious health
impacts and recently lowered advisory levels for drinking water.
This past March, the DOD released a list of 664 sites nationwide
where these firefighting foams might have been used and similarly
infiltrated local groundwater. Every State in the Union has at least
one of these sites. The DOD is currently investigating.
To date, 16 public wells and 140 private wells in our area have been
taken offline because of the Navy's contamination at and around the
former Naval Air Station Joint Reserve Base Willow Grove in my
district. This list will likely grow.
The Acting CHAIR. The time of the gentleman has expired.
Mr. FRELINGHUYSEN. Mr. Chairman, I claim the time in opposition to
the amendment to give the gentleman a further opportunity to make his
case, and I also recognize his leadership on this important issue.
The Acting CHAIR. Without objection, the gentleman from New Jersey is
recognized for 5 minutes.
There was no objection.
Mr. FRELINGHUYSEN. Mr. Chairman, I yield to the gentleman from
Pennsylvania (Mr. Brendan F. Boyle).
Mr. BRENDAN F. BOYLE of Pennsylvania. Mr. Chairman, I appreciate the
gentleman from New Jersey showing that those from Philadelphia and
those from across the Delaware River, in New Jersey, can get along, and
I appreciate his support on this issue.
Just to continue and conclude with what I was saying, the Navy and
National Guard have taken responsibility for contamination and have
agreed to pay approximately $19 million to provide replacement water,
install filtration systems on affected public wells, and hook homes
with affected public wells into public water systems, but the community
is seeking information regarding their years--possibly decades--of past
exposure due to our military's contamination.
I think the amendment that Mr. Meehan and I are offering for $7
million in the context of a $32 billion operations, maintenance, and
defense-wide account for screenings is reasonable. I understand,
though, the recent Defense Department concerns.
I look forward to working with the chairman, as well as the ranking
member, to ensure that we continue to fight for and advocate for our
constituents in Montgomery County and Bucks County and all those
potentially across the country who may be affected by this same issue.
It is an issue that this body must pay closer attention to. Let's
inform communities as the Defense Department investigates the potential
scope of this issue.
Mr. FRELINGHUYSEN. I, again, thank both of the gentlemen from
Pennsylvania.
Mr. Chair, I yield to the gentleman from Indiana (Mr. Visclosky).
Mr. VISCLOSKY. Mr. Chairman, I would add my voice to the chair's. I
look forward to working with both gentlemen on this very important
issue. I do appreciate him raising it and do look forward to working
with the chairman and with the both of them.
Mr. FRELINGHUYSEN. Mr. Chair, I yield to the gentleman from
Pennsylvania (Mr. Meehan).
Mr. MEEHAN. Mr. Chair, I thank the gentleman for yielding, and I want
to thank the gentleman and the chairman and the ranking member for
their recognition of the issue and their willingness to work with Mr.
Boyle and Mr. Fitzpatrick in Bucks County, who is similarly situated,
and myself. I look forward to working with both of those

[[Page H3868]]

gentlemen and the committee on this issue.
Mr. FITZPATRICK. Mr. Chair, I rise to join my colleagues from
Pennsylvania, Representatives Meehan and Boyle, in supporting an
amendment that would provide health screenings for our constituents.
The DOD has begun the process of checking whether chemical compounds
like PFOS and PFOA may have contaminated groundwater surrounding more
than 660 military sites across the nation, including confirmed
contamination around the former Naval Air Warfare Center in Warminster
and former Willow Grove Naval Station in Horsham. In each of these
instances, both public and private wells in my district have been
impacted by contaminated groundwater--rightly concerning residents and
local leaders.
Because of this immediate and widespread concern, it is only right
the Department increase efforts to offer health screenings in
communities surrounding these formerly used defense sites. This simple
amendment clears that path by increasing funding for these screenings.
I urge this body to support this bipartisan amendment and, in doing
so, reaffirm this government's commitment to protecting the health and
safety of its citizens.
Mr. MEEHAN. Mr. Chairman, I ask unanimous consent to withdraw the
amendment.
The Acting CHAIR. Is there objection to the request of the gentleman
from Pennsylvania?
There was no objection.
The Acting CHAIR. The amendment is withdrawn.

Amendments En Bloc No. 1 Offered by Mr. Frelinghuysen of New Jersey

Mr. FRELINGHUYSEN. Mr. Chairman, pursuant to House Resolution 783, I
offer amendments en bloc.
The Acting CHAIR. The Clerk will designate the amendments en bloc.
Amendments en bloc No. 1 consisting of amendment Nos. 7, 47, 49, 50,
51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68,
69, 70, 71, 72, and 73 printed in House Report 114-623, offered by Mr.
Frelinghuysen of New Jersey:

amendment no. 7 offered by Mr. rooney of florida

Page 8, line 22, after the dollar amount, insert ``(reduced
by $40,000,000)''.
Page 33, line 11, after the dollar amount, insert
``(increased by $32,000,000)''.
Page 33, line 12, after the dollar amount, insert
``(increased by $32,000,000)''.
Page 33, line 15, after the dollar amount, insert
``(increased by $32,000,000)''.

amendment no. 47 offered by Ms. mcsally of arizona

Page 146, line 17, after the dollar amount, insert
``(reduced by $100,000,000) (increased by $100,000,000)''.

amendment no. 49 offered by Ms. jackson lee of texas

Page 13, line 11, after the dollar amount, insert
``(reduced by $1,000,000)''.
Page 33, line 11, after the dollar amount, insert
``(increased by $1,000,000)''.
Page 33, line 19, after the dollar amount, insert
``(increased by $1,000,000)''.

amendment no. 50 offered by Mr. lowenthal of california

Page 7, line 14, after the dollar amount, insert ``(reduced
by $5,600,000)''.
Page 8, line 22, after the dollar amount, insert
``(increased by $5,000,000)''.

amendment no. 51 offered by Mr. coffman of colorado

Page 7, line 23, after the dollar amount, insert ``(reduced
by $6,086,000) (increased by $6,086,000)''.

amendment no. 52 offered by Mr. duffy of wisconsin

Page 8, line 22, after the dollar amount insert the
following: ``(reduced by $1,000,000) (increased by
$1,000,000)''.

amendment no. 53 offered by Mr. McKinley of West Virginia

Page 8, line 22, after the dollar amount insert the
following: ``(reduced by $5,000,000) (increased by
$5,000,000)''.

amendment no. 54 offered by Mr. Aguilar of california

Page 8, line 22, after the dollar amount, insert ``(reduced
by $5,000,000) (increased by $5,000,000)''.

amendment no. 55 offered by Mr. Nadler of New York

Page 8, line 22, after the dollar amount, insert ``(reduced
by $10,000,000)''.
Page 30, line 1, after the dollar amount, insert
``(increased by $5,000,000)''.
Page 31, line 20, after the dollar amount, insert
``(increased by $5,000,000)''.
Page 85, line 7, after the dollar amount, insert
``(increased by $10,000,000)''.
Page 85, line 8, after the dollar amount, insert
``(increased by $10,000,000)''.

amendment no. 56 offered by Mrs. Noem of South dakota

Page 8, line 22, after the dollar amount, insert ``(reduced
by $7,000,000)''.
Page 26, line 22, after the dollar amount, insert
``(increased by $7,000,000)''.

amendment no. 57 offered by Mr. Aderholt of Alabama

Page 8, line 22, after the dollar amount, insert ``(reduced
by $17,000,000)''.
Page 30, line 16, after the dollar amount, insert
``(increased by $17,000,000)''.

amendment no. 58 offered by Mr. Grayson of Florida

Page 8, line 22, after the dollar amount insert the
following:``(reduced by $5,000,000)''.
Page 30, line 16, after the dollar amount insert the
following: ``(increased by $5,000,000)''.

amendment no. 59 offered by Mr. BERA of california

Page 8, line 22, after the dollar amount, insert ``(reduced
by $5,500,000)''.
Page 31, line 20, after the dollar amount, insert
``(increased by $5,000,000)''.

amendment no. 60 offered by Mr. Grayson of florida

Page 8, line 22, after the dollar amount, insert ``(reduced
by $5,000,000)''.
Page 33, line 11, after the dollar amount, insert
``(increased by $5,000,000)''.
Page 33, line 19, after the dollar amount, insert
``(increased by $5,000,000)''.

amendment no. 61 offered by Mr. grayson of florida

Page 8, line 22, after the dollar amount, insert ``(reduced
by $1,000,000)''.
Page 33, line 11, after the dollar amount, insert
``(increased by $1,000,000)''.
Page 33, line 19, after the dollar amount, insert
``(increased by $1,000,000)''.

amendment no. 62 offered by Mrs. hartzler of missouri

Page 8, line 22, after the dollar amount insert the
following: ``(reduced by $5,000,000)''.
Page 33, line 11, after the dollar amount insert the
following: ``(increased by $5,000,000)''.
Page 33, line 19, after the dollar amount insert the
following: ``(increased by $5,000,000)''.

amendment no. 63 offered by Ms. meng of new york

Page 8, line 22, after the dollar amount insert the
following: ``(reduced by $8,000,000)''.
Page 33, line 11, after the dollar amount insert the
following: ``(increased by $8,000,000)''.
Page 33, line 19, after the dollar amount insert the
following: ``(increased by $8,000,000)''.

amendment no. 64 offered by Mr. nolan of minnesota

Page 8, line 22, after the dollar amount, insert ``(reduced
by $2,000,000)''.
Page 33, line 11, after the dollar amount, insert
``(increased by $2,000,000)''. 4
Page 33, line 19, after the dollar amount, insert
``(increased by $2,000,000)''.

amendment no. 65 offered by Mr. delaney of maryland

Page 8, line 22, after the dollar amount insert the
following: ``(reduced by $7,800,000)''.
Page 84, line 16, after the dollar amount insert the
following: ``(increased by $5,000,000)''.

amendment no. 66 offered by Mr. fitzpatrick of pennsylvania

Page 8, line 22, after the dollar amount, insert ``(reduced
by $2,000,000)''.
Page 33, line 11, after the dollar amount, insert
``(increased by $2,000,000)''.
Page 33, line 19, after the dollar amount, insert
``(increased by $2,000,000)''.

amendment no. 67 offered by Ms. jackson lee of texas

Page 30, line 1, after the dollar amount, insert ``(reduced
by $10,000,000)''.
Page 33, line 11, after the dollar amount, insert
``(increased by $10,000,000)''.
Page 33, line 19, after the dollar amount, insert
``(increased by $10,000,000)''.

amendment no. 68 offered by Mr. Macarthur of new jersey

Page 30, line 1, after the dollar amount, insert
``(increased by $12,500,000)''.
Page 31, line 20, after the dollar amount, insert
``(increased by $12,500,000) (reduced by $25,000,000)''.
Page 85, line 7, after the dollar amount, insert
``(increased by $25,000,000)''.

amendment no. 69 offered by Mr. larsen of washington

Page 30, line 23, after the dollar amount, insert
``(reduced by $2,000,000) (increased by $2,000,000)''.

amendment no. 70 offered by Ms. gabbard of hawaii

Page 31, line 8, after the dollar amount insert the
following: ``(reduced by $5,000,000)''.
Page 31, line 20, after the dollar amount insert the
following: ``(increased by $5,000,000)''.

amendment no. 71 offered by Mr. walberg of michigan

At the end of the bill (before the short title), insert the
following:
Sec. 10003. None of the funds made available by this Act
may be used to promulgate Directive 293, issued December 16,
2010, by the Office of Federal Contract Compliance Programs.

amendment no. 72 offered by Mr. grayson of florida

At the end of the bill (before the short title), insert the
following:
Sec. 10003. None of the funds made available by this Act
may be used to enter into a contract with any offeror or any
of its principals if the offeror certifies, as required by
the Federal Acquisition Regulation, that the offeror or any
of its principals--

[[Page H3869]]

(1) within a 3-year period preceding the offer has been
convicted of or had a civil judgment rendered against it for
commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public
(Federal, State, or local) contract or subcontract; violation
of Federal or State antitrust statutes relating to the
submission of offers; or commission of embezzlement, theft,
forgery, bribery, falsification or destruction of records,
making false statements, tax evasion, violating Federal
criminal tax laws, or receiving stolen property;
(2) is presently indicted for, or otherwise criminally or
civilly charged by a governmental entity with, commission of
any of the offenses enumerated above in paragraph (1); or
(3) within a 3-year period preceding the offer, has been
notified of any delinquent Federal taxes in an amount that
exceeds $3,000 for which the liability remains unsatisfied.

amendment no. 73 offered by Mr. yoho of florida

At the end of the bill (before the spending reduction
account), insert the following:
Sec. _. None of the funds made available by this Act may
be used to provide arms, training, or other assistance to the
Azov Battalion.

The Acting CHAIR. Pursuant to House Resolution 783, the gentleman
from New Jersey (Mr. Frelinghuysen) and the gentleman from Indiana (Mr.
Visclosky) each will control 10 minutes.
The Chair recognizes the gentleman from New Jersey.
Mr. FRELINGHUYSEN. Mr. Chairman, the majority and minority have
agreed to this en bloc amendment package. These are noncontroversial
amendments that cover topics such as lung cancer, personnel security,
and gulf war illness. The sponsors of the amendments have agreed to the
amendments being considered en bloc.
I ask for the adoption of the amendment.
I reserve the balance of my time.
Mr. VISCLOSKY. Mr. Chairman, I simply would indicate that I, too,
support the en bloc amendment.
I yield 1 minute to the gentlewoman from Texas (Ms. Jackson Lee).
Ms. JACKSON LEE. Mr. Chairman, I thank, again, both gentlemen, the
ranking member and the chairman.
I have come to the floor to emphasize these two amendments that are
very important, I believe, to the work of the Defense Department and
the many persons that they serve. I want to speak to the Jackson Lee
amendment that addresses the question of post-traumatic stress disorder
by emphasizing the numbers of individuals who are now coming back from
service that have PTSD. PTSD has been discovered post the time of
leaving the battlefield. Post-traumatic stress disorder is where one
repeatedly relives the trauma of war in their thoughts--the day in and
day out nightmares.
Texas, in particular, is a State that has a large number of returning
veterans.
The Acting CHAIR. The time of the gentlewoman has expired.
Mr. VISCLOSKY. Mr. Chairman, I yield an additional 30 seconds to the
gentlewoman from Texas.
Ms. JACKSON LEE. In the name of a young boy who was killed by a
former marine who indicated that he had post-traumatic stress disorder,
this increase of $1 million is important.
Finally, let me say, triple negative breast cancer kills more women.
It is important that there be an emphasis of up to $10 million for
added research to ensure that this deadly aspect of breast cancer does
not continue to kill women not only in the United States military, but
elsewhere. As a survivor, let me be very clear that this research has
not yet been completed. Lives have not yet been saved.
I hope these amendments will be passed because it provides $10
million for triple negative breast cancer and $1 million for post-
traumatic stress disorder.
I ask support for the Jackson Lee amendments.
Mr. FRELINGHUYSEN. Mr. Chairman, I continue to reserve the balance of
my time.
Mr. VISCLOSKY. Mr. Chairman, I yield 2 minutes to the gentleman from
Minnesota (Mr. Nolan).
Mr. NOLAN. Mr. Chairman, Members of the House, I would like to begin
by thanking the staff and respective chairman and ranking member and my
colleagues as well, Frank LoBiondo and Lois Capps, who co-chair with me
the Lung Cancer Caucus. I have come to be so impressed with the hard
work that the staff and the chairman and the ranking member do to bring
this legislation forward.
My amendment would simply increase the amount of money available for
lung cancer research by $2 million, from $12 million to $14 million, in
the hope that we can do better.
Mr. Chairman, $2 million, I know, is but a dent in the Defense
operations budget, but it is a source of great hope and great promise
for people struggling with lung cancer, the most deadly of all cancers.
159,000 people, including many veterans, are victims of that each year.
I think so many of you know that my daughter Katherine was diagnosed
some time ago with an advanced stage form of lung cancer. I would be
remiss if I didn't thank my colleagues for their prayers, for their
condolences, for their support, and for their support for this medical
research to give hope to the victims of lung cancer for the future
because, but for the money that this Congress has appropriated, my
daughter wouldn't be experiencing the hope that she has for her
recovery. With this additional amendment--it is a small one--I am
appreciative of your support for it because it provides not only great
hope for Katherine and her family, but it offers hope for so many more
people all across the country affected with this dreadful disease.
I thank the committee, and I urge adoption of the amendment.
Mr. FRELINGHUYSEN. Mr. Chairman, I continue to reserve the balance of
my time.
Mr. VISCLOSKY. Mr. Chairman, I yield 2 minutes to the gentleman from
California (Mr. Aguilar).
Mr. AGUILAR. Mr. Chairman, I would like to thank the chairman and the
ranking member for adding this amendment to the en bloc package, and to
staff for their coordination and effort.
My amendment would increase funding for the Information Assurance
Scholarship Program by $5 million and decrease the operation and
maintenance defense-wide Office of the Secretary of Defense
administrative account by the same amount.
The IASP is a DOD program designed to address our cyber personnel
demands through the recruitment and retention of top IT and
cybersecurity talent. It allows the Secretary of Defense to provide
financial assistance to individuals pursuing studies in computer and
network security in exchange for their obligation to either serve in
the Armed Forces or fulfill a DOD civilian service commitment
postgraduation.
Using 2014 numbers, the DOD has employed over 500 IASP/CAE--Centers
for Academic Excellence--graduates, and has seen a 97 percent
completion rate since the program was started in 2001.
It is imperative that we give the Department of Defense the tools
necessary to recruit those personnel charged with protecting our
critical infrastructure, fortifying DOD networks, and conducting
computer network operations.
We must make sure that we have the right people with the proper
training in the right positions, and this amendment would aid in that
effort.
Mr. Chairman, I once again thank the chairman and the ranking member.
Mr. VISCLOSKY. I yield back the balance of my time.
Mr. FRELINGHUYSEN. Mr. Chairman, I yield back the balance of my time.
Mr. SMITH of New Jersey. Mr. Chair, I rise today to encourage all
members to support the Rooney amendment (Number 7) to the Department of
Defense Appropriations Act of 2017, H.R. 5293, to reverse DOD's
reimbursement rate cuts for Applied Behavioral Analysis (ABA) therapy
for children of service members with autism.
Military life presents unique challenges for children with autism and
their families, given the frequent changes of residence and schools,
and the prolonged absences of a parent. In this context, coverage of
ABA therapy is even more necessary to help military children adjust
day-to-day, while also improving outcomes over the long term.
The Administration's reduction in the reimbursement rates for ABA for
military children with autism could jeopardize access to this critical
therapy. ABA is proven to bring about positive behavior change and
assist in a child's long term development, especially for children with
autism, and the program must be protected.
I urge my colleagues to support this amendment.

[[Page H3870]]

Mr. COFFMAN. Mr. Chair, I'd like to offer a statement in support of
my amendment to H.R. 5293, the Department of Defense Appropriations Act
for Fiscal Year 2017, as reported by the House Appropriations
Committee. I commend my colleague, Rep. Rodney Frelinghuysen, the
chairman of the Defense Appropriations Subcommittee, for his work on
the bill before us and I thank him and all the members of the
subcommittee and staff for their hard work in crafting this important
piece of legislation.
My amendment seeks to transfer $6.086 million from within the Navy's
fiscal year 2017 Operations & Maintenance (O&M) account, to increase
funding for the Weapons Support, Fleet Ballistic Missiles, Project 934,
Engineering and Technical Services sub-account managed by the Navy's
Strategic Systems Program office. My objective in offering this
amendment is to strengthen nuclear deterrence by improving the
operational readiness and reliability of the Navy's Strategic Weapons
Systems aboard Fleet Ballistic Missile submarines.
At a time when Russia is flexing its nuclear muscles, both China and
Russia are aggressively modernizing every aspect of their nuclear
arsenals, and North Korea is conducting long-range missile tests and
underground nuclear weapon tests, it is incumbent on Congress to
authorize and appropriate sufficient funds to ensure the operational
readiness and reliability of our nuclear forces, including the most
survivable leg of the U.S. nuclear triad, the sea-launched ballistic
missiles aboard fleet ballistic missile submarines.
A strategic weapon system consists of the launches, fire control,
navigation, test instrumentation, missile, missile checkout, guidance
and re-entry subsystems. Funding in this particular account provides
support for all subsystem equipment aboard Trident II (D-5) submarine-
launched ballistic missiles (SLBMs) and at shore facilities. Critical
readiness-related efforts include: maintenance for subsystem equipment
aboard SLBMs; equipment renewal and updating during overhauls; testing
and repair of various electronic and other components and
subcomponents; logistics control procedures; operational flight
testing; support of crew training; technical engineering services
required to test, analyze and maintain reliability of the weapon
system; missile maintenance operations; and targeting support.
According to the Navy's Congressional Budget Justification Book, in
Fiscal Year 2017 the Strategic Systems Program office was forced to
absorb a program decrease in Operational Engineering Support of over $6
million. This reduction will negatively impact Navy readiness in areas
such as missile anomaly evaluations, re-entry body accuracy, launcher
reliability maintenance, navigation accuracy, and guidance system
performance evaluations.
I remind my colleagues of the fact that the Trident II (D-5)
strategic weapon system will likely be in service through at least
2040, and possibly through 2080. This places a premium on engineering
and technical services such as qualification and accelerated life
testing, and other readiness-support efforts aimed not only at
sustaining the missile system but also on ensuring its reliability.
Furthermore, I would add that my amendment is entirely consistent
with one of the main themes and thrusts of this bill--and the National
Defense Authorization Act (NDAA) as well--namely, identifying serious
shortfalls in readiness across the armed forces and taking steps to
address those readiness challenges by adding funding, where necessary
and appropriate. A nearly identical increase to this account was also
authorized in the House's NDAA.
In sum, given the increasingly dangerous global security environment,
we must take proactive steps to bolster nuclear deterrence--and the
readiness and reliability of systems such as the sea-launched ballistic
missiles aboard SSBNs on which deterrence rests. My amendment is
intended to move a modest amount of funds ($6.086 million) within the
Navy Operations & Maintenance (O&M) account of over $40 billion to help
sustain the readiness of a key leg of the U.S. Nuclear Triad, our
Trident II (D-5) submarine-launched ballistic missiles.
Ms. MENG. Mr. Chair, I rise today to speak on amendment number 63
which has been included in the first en bloc package. My amendment
seeks to increase funding for the Department of Defense Peer-Reviewed
Cancer Research Program by $8 million in order to fight bladder cancer,
brain cancer, colorectal cancer, liver cancer, lymphoma, melanoma and
other skin cancers, mesothelioma, pancreatic cancer, stomach cancer,
and cancer in children, adolescents, and young adults.
I'd like to thank Chairman Frelinghuysen and Ranking Member Visclosky
for their support of this measure, and for accepting it into this
package. It is my hope that this additional funding will be used to
contribute to the creation of a cure for these horrific cancers. Every
year, millions of Americans die far too early from these diseases.
Perhaps, however, our actions here today will lead to a world where
future generations will not have to know the pain of such losses. Thank
you to each of my colleagues who supported this measure, and to the
many groups who lent their support as well--including: Action to Cure
Kidney Cancer, American Brain Tumor Association, American Urological
Association, Asbestos Disease Awareness Organization, Bladder Cancer
Action Network, Fight Colorectal Cancer, Melanoma Research Foundation,
and Pancreatic Cancer Action Network.
We may not know the end of cancer in our lifetimes, but I pray we can
find it during my children's. I submit the following letter:

June 15, 2016.
Dear Member of Congress, The undersigned organizations
strongly support the recent approval by the Senate Committee
on Appropriations of $60 million for the Peer Reviewed Cancer
Research Program (PRCRP) in their version of the fiscal year
2017 Defense Appropriations Act.
We are therefore encouraged to learn of an amendment that
will be offered by Representative Grace Meng (D-NY) to the
House version of the Defense Appropriations Act for fiscal
year 2017 (H.R. 5293) to move funding for the PRCRP closer to
the Senate level. Specifically, the Meng amendment increases
by $8 million the $30 million appropriation for the Peer
Reviewed Cancer Research Program (PRCRP) included in the
bill.
Funded at $50 million in fiscal year 2016, the PRCRP funds
innovative, cutting-edge research on a variety of cancers.
Since Fiscal Year 2009, the PRCRP has funded innovative
basic, applied, and translational cancer research to support
our nation's military service personnel, their families, and
the American public. Members of the military are exposed to
hazardous environments due to the nature of their service and
deployments and are therefore at risk for the development of
many types of cancers. Funding innovative and translational
research, the PRCRP focuses on the gaps in cancer research
with respect to unique situations and military environments.
As approved by the House Committee on Appropriations, H.R.
5293 provides $30 million for the PRCRP and includes as
eligible areas of study: bladder cancer, brain cancer,
colorectal cancer, listeria vaccine for cancer, liver cancer,
lymphoma, melanoma and other skin cancers, mesothelioma,
pancreatic cancer, stomach cancer, and cancer in children,
adolescents, and young adults.
House approval of the Meng amendment would bring the PRCRP
funding level closer to the $60 million approved by the
Senate Committee on Appropriations in their version of the
Defense Appropriations. We hope that you will support this
amendment to ensure the strongest possible funding level is
included in the House-Senate conference for the final enacted
version of the Defense Appropriations Act.
Thank you for your consideration of this important request.
Sincerely,
Action to Cure Kidney Cancer, American Brain Tumor
Association, American Urological Association, Asbestos
Disease Awareness Organization, Bladder Cancer Action
Network, Fight Colorectal Cancer, Lymphoma Research
Foundation, Melanoma Research Foundation, Pancreatic Cancer
Action Network.

The Acting CHAIR. The question is on the amendments en bloc offered
by the gentleman from New Jersey (Mr. Frelinghuysen).
The en bloc amendments were agreed to.

Amendment No. 6 Offered by Mr. Paulsen

The Acting CHAIR. It is now in order to consider amendment No. 6
printed in House Report 114-623.
Mr. PAULSEN. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 8, line 22, after the dollar amount, insert ``(reduced
by $25,000,000)''.
Page 30, line 7, after the dollar amount, insert
``(increased by $25,000,000)''.

The Acting CHAIR. Pursuant to House Resolution 783, the gentleman
from Minnesota (Mr. Paulsen) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Minnesota.
Mr. PAULSEN. Mr. Chairman, I thank Chairman Frelinghuysen and Ranking
Member Visclosky for their hard work in bringing this important
legislation to the floor today. It is vital that we do provide our men
and women in uniform with the support and resources they need to keep
our country safe. Mr. Chairman, I am offering this amendment to provide
funding for Defense Production Act purchases for strategic radiation-
hardened microelectronics.
Through research, development, and testing we have been able to
create the

[[Page H3871]]

most sophisticated weapons systems in the world. These systems are
created using thousands of different parts, many of which utilize some
of the most advanced technology that is available anywhere.

{time} 1515

One of those products that many of our systems rely on is radiation-
hardened microelectronics. These microelectronics are specially
designed to withstand extremely harsh natural and manmade radiation
environments. Although they can be small, they play a large role in
ensuring our systems work in the toughest conditions.
The Department of Defense requires accesses to these unique products
from sources that it knows and that it trusts to be responsible for
handling those components with the utmost security. That is why, in
2004, the DOD created the Trusted Foundry Program for microelectronics.
This program would ensure that the DOD had access to cutting-edge
microelectronics that were produced right here in America by American
companies. The Trusted Foundry Program has given the DOD the peace of
mind of knowing that the microelectronics they receive are not
counterfeit, are not tampered with, and have not been compromised in
any way as to jeopardize our national security.
Unfortunately, through challenges both inside and outside of the
DOD's control, we now find ourselves in the unenviable position of
having no clear vision for the future of this vital program. One issue
that we currently face is that there is a shrinking number of American-
owned and -operated companies that are capable of producing strategic
radiation-hardened microelectronics. We now face the stark decision of
trusting foreign-owned entities or of scrapping these products
altogether.
I think we all share the same belief that the DOD needs to reevaluate
its long-term strategic plan on how it plans to acquire
microelectronics going forward. However, in the meantime, we should
make sure that we have continued access to these products from sources
that the Department already knows and trusts.
Mr. Chair, that is simply what this amendment aims to do by providing
the funding for purchases through the Defense Production Act. The
Defense Production Act was created to make sure we always have access
to the industrial resources that are necessary for national defense.
This year's report that accompanies the National Defense Authorization
Act highlights the exact same concerns that I have raised. In fact, the
NDAA encourages the Secretary of Defense to do exactly what this
amendment would do, which is to use his authority under the Defense
Production Act to ensure that continued access to a domestic supply for
strategic radiation-hardened microelectronics is there.
Mr. Chair, we should make sure that the DOD has access to as many
trusted domestic suppliers as it possibly can instead of relying on
just a single supplier for these products. The challenges that a single
supplier presents have been well highlighted by the GAO in the past.
Mr. FRELINGHUYSEN. Will the gentleman yield?
Mr. PAULSEN. I yield to the gentleman from New Jersey.
Mr. FRELINGHUYSEN. I am pleased to accept the gentleman's amendment.
Mr. PAULSEN. Mr. Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Minnesota (Mr. Paulsen).
The amendment was agreed to.

Amendment No. 8 Offered by Mr. Zinke

The Acting CHAIR. It is now in order to consider amendment No. 8
printed in House Report 114-623.
Mr. ZINKE. Mr. Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 8, line 22, after the dollar amount, insert ``(reduced
by $80,000,000)''.
Page 26, line 22, after the dollar amount, insert
``(increased by $80,000,000)''.

The Acting CHAIR. Pursuant to House Resolution 783, the gentleman
from Montana (Mr. Zinke) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Montana.
Mr. ZINKE. Mr. Chair, 2 weeks ago, when I held events across Montana
to finally welcome our Vietnam veterans home and present them with the
50th Anniversary Vietnam Veteran Lapel Pin, many of these veterans were
surprised to find out that the same UH-1 Novembers that they flew in in
Vietnam are still in service today. Even more astonishing is that these
50-year helicopters are still used to protect our national nuclear
missile sites.
Mr. Chair, I commend our men and women in uniform who are still able
to maintain these aircraft in a constant state of readiness, but, in
reality, the Huey is incapable of meeting the mission requirements they
face today. In fact, they have failed multiple exercises, not from
personnel issues but from equipment issues.
This amendment will provide the funding that is necessary for the Air
Force to expedite a full and open competition to replace these aging
aircraft. It is critical we provide our men and women who protect our
Nation's nuclear missiles and arsenals with the equipment that is
capable of meeting the requirements of this important mission.
Mr. FRELINGHUYSEN. Will the gentleman yield?
Mr. ZINKE. I yield to the gentleman from New Jersey.
Mr. FRELINGHUYSEN. I commend the gentleman for bringing this
important issue to our attention. We support his amendment and commend
him for his work.
This is something that needs to be done. It is hard to believe that
we are still flying Hueys out there, and the fact that we are moving
into competition I think is a very positive development.
I thank the gentleman for his special service to our Nation.
Mr. ZINKE. Mr. Chair, I thank the chairman and his staff for the hard
work they have done in helping me to bring this to the floor. It was a
learning experience for all of us. I thank the gentleman for his
efforts and work.
I also thank the Vietnam veterans. They don't have to look at the UH-
1s flying to protect our missiles again.
Mr. Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Montana (Mr. Zinke).
The amendment was agreed to.

Amendment No. 9 Offered by Mr. Ellison

The Acting CHAIR. It is now in order to consider amendment No. 9
printed in House Report 114-623.
Mr. ELLISON. Mr. Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 8, line 22, after the dollar amount, insert ``(reduced
by $1,000,000) (increased by $1,000,000)''.

The Acting CHAIR. Pursuant to House Resolution 783, the gentleman
from Minnesota (Mr. Ellison) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Minnesota.
Mr. ELLISON. Mr. Chair, we can raise living standards for families
who have members who are working for Federal contractors right now. I
propose in this amendment that we can raise that living standard for
working families across the country if we use the Federal dollars to
create good jobs.
My amendment would reprogram funds to create an Office of Good Jobs
in the Department of Defense that would help ensure that the
Department's procurement, grant-making, and regulatory decisions
encourage the creation of decently paid jobs, collective bargaining
rights, and responsible employment practices.
Right now, the U.S. Government is America's leading low-wage job
funder, funding over 2 million poverty jobs through contracts, loans,
and grants with corporate America. That is more than the total number
of low-wage workers who are employed by Walmart and McDonald's
combined. Many U.S. contract workers who work for Federal contractors
earn so little that nearly 40 percent use public assistance programs,
like food stamps and Section 8, to feed and shelter their families. To
add insult to injury, many of these low-wage U.S. contract workers are
driven deeper into poverty because their employers take away their
wages through wage theft--breaking other Federal laws.

[[Page H3872]]

Now, some people might think, well, the debarment system covers this.
Why is this necessary? The fact is you can get away with a lot of labor
violations before you are debarred, yet there are some Federal
contractors who have excellent employee relations, who pay decent
wages, who allow collective bargaining, and who never engage in wage
theft. These good contractors are competing with the bad ones.
Not only is this Office of Good Jobs going to prioritize the best
public contractors, but it will also make sure that workers are treated
fairly and that good, high road contractors are treated fairly.
Mr. Chair, I yield 30 seconds to the gentleman from Indiana (Mr.
Visclosky).
Mr. VISCLOSKY. Mr. Chair, I appreciate the gentleman for yielding,
and I appreciate his effort to look at the largest Federal employer and
look at ensuring that we do everything possible to make sure employees
have living wage jobs and that there are responsible employment
practices.
I tell people repeatedly what my greatest regret of public service
is. When I came to the United States Congress on staff in 1977, the
real hourly wage for 1-hour's worth of human labor, whether it was
pushing papers, waiting on tables in a diner, or working for the
military, or in a mill, was more in 1977 in the United States of
America than it is today. I do think that we ought to look at Federal
resources and do everything possible to make sure that people do have a
living wage.
Mr. FRELINGHUYSEN. Mr. Chair, I rise in opposition to the gentleman's
amendment.
The Acting CHAIR. The gentleman from New Jersey is recognized for 5
minutes.
Mr. FRELINGHUYSEN. Mr. Chair, this amendment would create a new
office that would require the Department of Defense to make subjective
determinations concerning a contractor's or a grant provider's
workplace policies. The amendment would delay and disrupt an already
complicated Federal procurement system and would harm a potentially
large civilian contracting workforce that is essential to the missions
and the operations of the Department of Defense. Furthermore, this
amendment is unnecessary and duplicative of the many efforts that are
already underway by the Department. The best way to ensure that
government contracts or provides grants to the best employers is to
enforce the existing suspension and debarment system.
Finally, the amendment reprograms funds away from the Department's
operations and maintenance accounts--accounts which are critical to
supporting our warfighters--and restores readiness to the services and
to, may I say, our committee's top priority.
I urge a ``no'' vote on the amendment.
Mr. Chair, I yield back the balance of my time.
Mr. ELLISON. Mr. Chair, how much time do I have remaining?
The Acting CHAIR. The gentleman from Minnesota has 2\1/2\ minutes
remaining.
Mr. ELLISON. Mr. Chair, first of all, I have a particular story I
would like to tell.
There is a young woman named Mayra who works at the Pentagon food
court. She was fired after challenging her managers to comply with
labor laws and for going on strike multiple times in response to those
violations.
Mayra is a first-generation immigrant who is struggling to pay her
tuition at George Mason University. She now works odd jobs to make ends
meet. Her experience at the Pentagon has inspired her to seek further
education so she can help workers who get treated unfairly.
Research shows that Mayra is not alone. Federal contractors break
Federal laws sometimes--not all. Many are good, but not all are, and
the bad ones are not good for the United States. A U.S. Senate report,
for example, found that over 30 percent of the biggest penalties for
law-breaking were filed against the biggest U.S. contractors. This is
an issue. We need an office to make sure that the best public
contractors--Federal contractors--are the ones who get the best
contracts and who get preferential treatment over the ones who have
multiple violations.
Workers aren't the only ones who benefit from this new office, as I
already mentioned. Let me emphasize that this is about benefiting law-
abiding contractors, high road employers. They are competing with
people who cut every corner and do the least to avoid debarment. We
need to make sure that our system works well and that the largest
spender of money in the world--the U.S. Government--spends it wisely,
not with the ones who can barely skate by through the debarment process
but with the best contractors, the ones who really prioritize good
employment practices.
I ask Members to vote in favor of this amendment. It is a step toward
bringing forth good jobs and closing this awful wage gap and wage
stagnation we have seen in our country for 30 years. Please give us a
``yes'' vote.
Mr. Chair, it is intended that funds in the appropriation for Defense
Wide Operations and Maintenance be used to establish an Office of Good
Jobs in the Department aimed at ensuring that the Department's
procurement, grant-making, and regulatory decisions encourage the
creation of decently paid jobs, collective bargaining rights, and
responsible employment practices. The office's structure shall be
substantially similar to the Centers for Faith-Based and Neighborhood
Partnerships located within the Department of Education, Department of
Housing and Urban Development, Department of Homeland Security,
Department of Health and Human Services, Department of Labor,
Department of Agriculture, and Department of Commerce, Department of
Veterans Affairs, U.S. Department of State, Small Business
Administration, Environmental Protection Agency, the Corporation for
National and Community Service, and U.S. Agency for International
Development.
Mr. Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Minnesota (Mr. Ellison).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. ELLISON. Mr. Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Minnesota
will be postponed.

Amendment No. 10 Offered by Mr. Gibson

The Acting CHAIR. It is now in order to consider amendment No. 10
printed in House Report 114-623.
Mr. GIBSON. Mr. Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

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

The Acting CHAIR. Pursuant to House Resolution 783, the gentleman
from New York (Mr. Gibson) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from New York.

{time} 1530

Mr. GIBSON. Mr. Chairman, this amendment pluses up the account for
extended-range cannon artillery, and it is paid for.
I want to begin by thanking the leadership of this esteemed
committee, both the chairman and the ranking member, for their teamwork
and also for their great work. I have been here 6 years, and I think
this is the strongest bill that I have seen with regard to Defense
Appropriations. I am deeply grateful.
Let me say that a principle for our country dating back to the
founding is one of peace through strength, which relies on this concept
of deterrence. It certainly brings forward a strong military with the
intent that we would deter potential adversaries so, indeed, that we
can empower our diplomats.
On our best day, other countries want to be like us, and this bill
here is critically important toward that end. Look, after this past
weekend, as we continue to mourn for those killed in the terrorist
attack in Florida, I think it is on everyone's mind how important it is
that we get this bill passed.
With regard to peace through strength and deterrence, I do have some
concerns. Inasmuch as I am a very strong advocate of this bill, I am
concerned about where we are today

[[Page H3873]]

with regard to our indirect fires capability. In some regard, it is
understandable that we are beginning to fall behind some of our
potential adversaries, certainly our competitors.
We have spent the last 15 years consumed in efforts to protect our
people, protect our homeland, existential threats from terrorists, and
that has led to largely counterinsurgency operations. And that has been
somewhat at the detriment to our full spectrum capability, including
indirect fires.
Part of our concept is we do rely heavily on close air support as
part of this, understanding that, but saying that there is some risk to
that. And I do appreciate the fact that the committee has actually
taken note of this. There is a plus-up in this bill, and I want to
commend both the chairman and ranking member for doing that. I think
that we need more.
I would encourage my colleagues, if they haven't already, to take a
look at the writings of Lieutenant General H.R. McMaster. I think he is
a visionary. He is a great battlefield commander. I served under his
command in Iraq in 2005, and he continues to do great work for this
Nation. He has written about Russian activities, for example, in
Ukraine and Syria. And it is clear that Russia and China are continuing
to march forward with their capabilities, including in Ukraine, where
Russia has shown a very extensive capability to mass fires. Candidly,
they outrange our artillery, and I think this is something we need to
address.
So I brought forward this amendment. It does plus-up this account by
a million dollars. I mean, candidly, we could do more. But I do want to
commend the committee for what they have done so far, and I think our
amendment would help reinforce that.
I want to also say, as proud as I am of all of this work, I want to
say, too, that I am very proud of the work of those men and women who
serve us in the industrial base.
The work that is done on cannons is done in Watervliet, New York, at
the Watervliet Arsenal. I am very proud of their work, but no one is
more proud than their own Representative. Their own Representative is
here with us today. He sponsors this bill. He is a Democrat from New
York, and his name is Paul Tonko.
I yield 1 minute to the gentleman from New York (Mr. Tonko).
Mr. TONKO. Mr. Chairman, I thank the gentleman from New York (Mr.
Gibson), my colleague and friend for yielding and for leading us on
this very important amendment.
Improving our artillery weapons system has been identified as a need
by the Army Modernization Strategy. This amendment would make a modest
increase to the Army's weapons and munitions advanced technology
funding for extended-range cannon artillery.
We know that with additional research, development, and testing, we
can make meaningful advances to these systems. Unfortunately, these
systems have been overlooked in recent years as we have chosen to
modernize other parts of our forces.
During this time, other countries have begun to produce artillery
with new capabilities such as improved range, mobility, and accuracy.
Not only does this increase the risk to our warfighters in the field,
it has encouraged our allies to consider purchasing these systems from
elsewhere.
I know we are capable of designing and building the best artillery in
the world. I have seen it firsthand at the Watervliet Arsenal and Benet
Laboratories in my district where hundreds of women and men support our
warfighters by developing and manufacturing cutting-edge cannons and
mortars.
The Acting CHAIR. The time of the gentleman has expired.
Mr. GIBSON. Mr. Chair, I yield an additional 30 seconds to the
gentleman from New York.
Mr. TONKO. Mr. Chair, we know that. It is a great inspiration just by
their tradition alone.
We have an incredibly skilled workforce, the best in the world. Now
we just need to make the investments necessary to ensure the products
they manufacture will continue to be the best as well.
Once again, I thank our colleague, Congressman Gibson, for this
amendment, and I urge my colleagues to support it.
Mr. GIBSON. Mr. Chair, I yield such time as he may consume to the
gentleman from New Jersey (Mr. Frelinghuysen), the esteemed chairman of
the Defense Subcommittee.
Mr. FRELINGHUYSEN. Mr. Chairman, I thank the gentleman from New York
for his advocacy on behalf of some remarkable installations in the
State of New York. May I say we have a very close working relationship
through Picatinny Arsenal. Firepower is important, considering what our
adversaries are utilizing today and may be using in the future.
I am pleased to support the gentleman's amendment.
Mr. GIBSON. Mr. Chair, I appreciate the gentleman's comments, and I
appreciate the support.
I just want to express my gratitude to both the chairman, the ranking
member, and the committee staff. I know that this bill takes a lot of
work, and I deeply appreciate all of those who are involved. I thank my
friend and colleague, Paul Tonko, for his great support and great work
on this issue.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from New York (Mr. Gibson).
The amendment was agreed to.

Amendment No. 11 Offered by Mr. Langevin

The Acting CHAIR. It is now in order to consider amendment No. 11
printed in House Report 114-623.
Mr. LANGEVIN. I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 30, line 23, after the dollar amount, insert
``(increased by $29,800,000)''.
Page 31, line 20, after the dollar amount, insert
``(reduced by $33,900,000)''.

The Acting CHAIR. Pursuant to House Resolution 783, the gentleman
from Rhode Island (Mr. Langevin) and a Member opposed each will control
5 minutes.
The Chair recognizes the gentleman from Rhode Island.
Mr. LANGEVIN. Mr. Chairman, I yield myself such time as I may
consume.
I am pleased to offer this bipartisan amendment today with my
friends, Mr. Garamendi, Mr. Conaway, Mr. Lamborn, and Mr. Nugent. The
Navy's electromagnetic rail gun is a technology described as
revolutionary and a potential multimission game changer for long-range,
land-attack, ballistic, and cruise missile defense, and antisurface
warfare.
Mr. Chairman, the best mix of air and missile defenses will consist
of complementary kinetic and nonkinetic weapons systems, enhancing our
capability to defeat larger salvos of air and missile threats.
Rail guns have the capability to fire at higher velocities, which
means longer ranges. Under certain conditions, a 32-megajoule gun will
be able to launch projectiles more than 100 nautical miles. And it is
more cost-effective. Whereas low-cost kinetic defenses run around
$400,000 each, surface-to-air interceptors and guided hypervelocity
projectiles can be as low as $25,000 to $40,000 each.
My amendment also provides for the mount for the rail gun, a
necessity that was promised to the Navy, appropriated but ultimately
never delivered.
So this bipartisan amendment tracks the funds authorized in the FY17
NDAA and continues to provide imperative assistance to our Navy as they
pursue high-tech, game-changing weapons systems across the fleet.
We must also not leave our sailors high and dry on a technology that
we promised, one that is critical to the future of our military and
promises to change the landscape of our missile defense capabilities at
sea.
I yield 2 minutes to the gentleman from Texas (Mr. Conaway).
Mr. CONAWAY. Mr. Chairman, I rise in support of the amendment that
would restore the funding for the directed energy weapons and rail gun.
If this funding reduction is left in place, then contracts will have
to be renegotiated. Generally, those result in higher funding later on.
We will lose a workforce that has been built and crafted generally over
a long period of time, and that would require additional years getting
back to this.
As my colleague from Connecticut said, this is about defending, in
many instances, surface combatants. The

[[Page H3874]]

current opportunities are very expensive with a laser or rail gun. The
cost per shot is dramatically less than it will be under the way we
currently try to defend these multibillion-dollar assets as they move
forward.
In my view, Mr. Chairman, these cuts are ill-timed and the program is
mature to the point that it is ready to go that way. I understand we
have a legitimate difference of opinion with my colleagues on our side
of the aisle and the staff. This clearly may be one of those glass-
half-full/glass-half-empty kind of scenarios. But many of us who look
at this program--I am on the Seapower Subcommittee--believe that this
program does, in fact, need to move forward.
I would request a positive end result and an ``aye'' vote on this
amendment.
Mr. LANGEVIN. Mr. Chairman, I thank the gentleman from Texas for his
comments. I support what he had to say and concur.
Mr. Chairman, I yield such time as he may consume to the gentleman
from Colorado (Mr. Lamborn), the distinguished co-chair of the Directed
Energy Caucus.
Mr. LAMBORN. Mr. Chairman, I thank the gentleman from Rhode Island
for his strong support of our national defense and especially for his
leadership as ranking member of the Emerging Threats and Capabilities
Subcommittee where we serve together. I also thank the gentleman for
his engaged and well-informed chairmanship with me of the Directed
Energy Caucus.
Mr. Chairman, I rise in strong support of this amendment because a
rail gun is a game-changing, third-offset technology that has many
applications across warfare domains and very high potential for a
significant leap in capability.
It should also save money in the long term as guided hypervelocity
projectiles, as has been mentioned, only cost around $30,000 apiece.
Without this critical funding, this program will be hard-pressed to
make progress and keep moving forward. This next-generation technology
will be delayed, and warfighters will lack long-range precision fires
against multiple threats.
Finally, funding is offset from an account that was originally
intended for the exact same purpose.
I urge my colleagues to support the amendment.
Mr. FRELINGHUYSEN. Mr. Chairman, I claim time in opposition, but do
so reluctantly because the three previous speakers I have a very high
regard for.
The Acting CHAIR. The gentleman from New Jersey is recognized for 5
minutes.
Mr. FRELINGHUYSEN. Mr. Chair, the gentleman's amendment would restore
a funding reduction and increase funding above the President's budget
request for the Navy power projection advanced technology line.
While the Navy's high-energy laser program has its merits, it is one
of the many examples of defense programs that has had, quite honestly,
significant increases in funding for fiscal year 2017, in fact, 250
percent greater than the enacted level. So it hasn't been impoverished.
Our funding reduction still allows for a level that is more than 160
percent of the enacted level, a significant growth that allows for
additional testing but puts the program on a path to actually be able
to obligate funding in a manageable timeframe.
Our committee has a responsibility to conduct appropriate budget
oversight, reducing funding to programs that aren't justified and
adding funding to programs that aren't fully funded.
Appropriate budget oversight, reducing a program that is funded above
its needs is an example of what I think we see, to some extent, here
with this amendment.

We see no justifiable reason to add funding to this line, but it may
be a matter of disagreement, but I think we have taken a close look at
it.
This technology has great potential, but it also has significant
development challenges that may be difficult to overcome. The weapons
require very substantial power sources, cooling platforms, and
corrosion protection.
The program should be continued in a fiscally responsible manner,
which includes slowing funding to an appropriate level. I think we have
reached that level.
While we may have some disagreement here, we are certainly supportive
of the program, but I do reluctantly oppose the amendment put forward
by these three great gentlemen.
I reserve the balance of my time.
Mr. LANGEVIN. Mr. Chairman, I have great respect for the chairman of
the Appropriations Subcommittee on Defense. And although we
respectfully disagree, I hope my colleagues will see the wisdom of
following what the House Armed Services Committee did and add
additional funding for this great capability, which is a game-changing
technology which will better protect both our fleet, also ultimately
all of our military assets, and our men and women in uniform who serve.
I would urge my colleagues to support the amendment, and I yield back
the balance of my time.
Mr. FRELINGHUYSEN. Mr. Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Rhode Island (Mr. Langevin).
The amendment was agreed to.

Amendment No. 12 Offered by Mr. Rogers of Alabama

The Acting CHAIR. It is now in order to consider amendment No. 12
printed in House Report 114-623.
Mr. ROGERS of Alabama. I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 31, line 8, after the dollar amount, insert ``(reduced
by $108,515,000)''.
Page 31, line 20, after the dollar amount, insert
``(increased by $108,515,000)''.

The Acting CHAIR. Pursuant to House Resolution 783, the gentleman
from Alabama (Mr. Rogers) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Alabama.

{time} 1545

Mr. ROGERS of Alabama. Mr. Chairman, I yield myself such time as I
may consume.
I rise to urge the House to support my bipartisan amendment to
restore critical missile defense funding for next-generation
investments. I want to be clear: the mark by the gentleman from New
Jersey is a good mark. I support it. I just want to improve it a
little.
Mr. Chairman, Deputy Secretary of Defense Bob Work has recently
stated: ``Competitors have caught up on this regime and they're going
to fire mass guided missile salvos at us . . . it doesn't have to be a
kinetic solution. Hell, I don't really want a kinetic solution . . .
it's got to be something else.''
Last week my subcommittee received a classified briefing by the Joint
Staff on the results of the Joint Capabilities Mix Study IV. It is
clear that we have to change the way we do missile defense if we expect
to win in future years.
Our adversaries have not been standing still, and we can't stand
still either. This amendment I offer, along with 13 colleagues on both
sides of the aisle, including Mr. Langevin, Mr. Garamendi, Ms. Gabbard,
Mr. Franks, and Mr. Lamborn, would simply restore the funding to the
level of the President's budget for directed energy efforts in the
weapons technology and technology maturation initiatives lines as well
as the special programs--MDA technology line.
My amendment offsets this increase by cutting RDT&E for the KC-46
tanker program's budget request, which is not executable this year
according to the GAO's recent budget fact sheet, and the Air Force does
not dispute this fact. My office can share this document with any
Member who has questions about the cut, which both the House and Senate
NDAAs have also recommended.
Again, I strongly support the mark of the gentleman from New Jersey.
I urge the House to support my bipartisan amendment to improve it and
allow us the room to continue to work on this bill in the conference
committee.
Mr. Chairman, I reserve the balance of my time.
Mr. FRELINGHUYSEN. Mr. Chairman, I rise in opposition, again,
reluctantly.
The Acting CHAIR. The gentleman from New Jersey is recognized for 5
minutes.
Mr. FRELINGHUYSEN. Mr. Chairman, I rise reluctantly knowing that

[[Page H3875]]

the gentleman is extremely knowledgeable and is a strong advocate for
some very important things that relate to our missile defense. However,
I do believe in responsible budgeting, which is a prerogative of our
subcommittee. As stewards of taxpayer dollars, we prioritize funding
programs at appropriate levels, levels that the Department can obligate
responsibly in a timely manner. As such, when projects such as the
weapons technology directed energy line are continually slow to develop
and lag significantly behind other similar technology developments,
reductions are warranted.
The funding provided in this bill provides $9 million for each of
three projects to continue. This is an opportunity for these
laboratories--and they are remarkable laboratories--to prove that their
demonstrations will be effective and deserve to continue to be funded
in the future. A more advanced directed energy line, technology
maturation initiatives, was supported in our bill at an increase of 275
percent over the enacted level.
The minor reduction in this program is due to the fact that funding
will not be obligated in fiscal year 2017 to purchase long lead items,
making the request early to need. Let me reiterate, we are highly
supportive of the program. However, funding should be appropriately
timed to the schedule.
As for the request to restore $72 million in funding to a special
program line, which, due to its classification we cannot discuss in an
open forum, the funding is not tied to any requirement. We are
concerned, and it is reflected in our bill.
Mr. Chairman, I yield such time as he may consume to the gentleman
from Indiana (Mr. Visclosky), the ranking member.
Mr. VISCLOSKY. Mr. Chairman, I would associate myself with the
chairman's remarks. I appreciate what the gentleman from Alabama wants
to do, but I do oppose his amendment for two reasons primarily.
One, obviously, under the circumstances we find ourselves in, he had
to find the money for the increase, and it was taken from research and
development for the United States Air Force, also vitally needed
research and development dollars.
And, secondly, dollars do matter, but dollars have to be effectively
spent.
It is not my personal belief that any additional dollars to this
particular account--given the analysis that the committee has done on
the budget this year--can be effectively spent.
So, again, I join with the chairman in respectful opposition to the
gentleman's amendment.
Mr. ROGERS of Alabama. Mr. Chairman, I yield such time as he may
consume to the gentleman from Colorado (Mr. Lamborn), the vice chair of
the Subcommittee on Strategic Forces.
Mr. LAMBORN. Mr. Chairman, I thank the gentleman from Alabama for
yielding. I do thank the gentlemen from both New Jersey and Indiana for
their good work. Most of the time I am going to agree with their
recommendations, but I reluctantly have to disagree in this case.
I rise in strong support of this amendment because we must do
everything we can to protect our country from nuclear attack,
especially in light of the rapidly growing threat from Iran, North
Korea, and elsewhere.
Unfortunately, increasingly sophisticated ballistic missile
technology is being widely produced and proliferated, and there is a
long list of bad actors that currently have or desire this technology.
According to the intelligence community, ballistic missile systems are
becoming more mobile, survivable, reliable, accurate, and capable of
striking targets over longer distances.
Today we can trust our current system and those who operate it to
keep us safe and our allies safe from ballistic missiles, including
warfighters like NORTHCOM/NORAD and the 100th Missile Defense Brigade
in my district, and those doing the research and development, capably
led by Admiral Syring of the Missile Defense Agency. However, we must
not rest on our laurels. We must invest now in future technologies to
be prepared to face future threats.

Most important, as my colleagues pointed out, there is consensus
among senior DOD leaders as well as outside experts that nonkinetic,
third-offset technologies such as directed energy are vital both to
maintain superiority and to enable us to transition to a more cost-
effective approach to missile defense over the long term. The current
cost equation is against us. Our interceptor missiles we use to shoot
down threats cost much more than hostile missiles we may have to
destroy, and buying enough interceptors to counter a proliferating
threat is ultimately a huge challenge.
Finally, I would simply point out that this amendment restores
funding that is so highly classified, we can't debate it publicly, but
suffice it to say that it has great promise to help us protect our
homeland and keep Americans safe.
I appreciate the leadership of the gentleman from Alabama on the
Subcommittee on Strategic Forces. It is an honor to serve with him as
vice chairman.
Mr. FRELINGHUYSEN. Mr. Chairman, I reserve the balance of my time.
Mr. ROGERS of Alabama. Mr. Chairman, I would just close by saying I
have enormous respect for the gentleman from New Jersey. I just
disagree on this particular issue.
I would like to point out the GAO language in particular for this
offset that I have offered.
GAO says:

The Air Force fiscal year 2017 RDT&E budget request for the
KC-46 program could be reduced by up to $140 million because
fiscal year 2016 RDT&E funds are potentially in excess to
program need.

So we have the money to pay for this. It is a critical national
security need. I urge my colleagues to vote ``yes'' on this amendment.
Mr. Chairman, I yield back the balance of my time.
Mr. FRELINGHUYSEN. Mr. Chairman, again, I will say that I understand
the gentleman's concerns. We respect them. We certainly respect his
position and knowledge and commitment of the members of his
subcommittee. They are experts.
We also take a look at the bottom line as well. We understand the
gentleman's concerns that we properly fund homeland defense initiatives
of the Missile Defense Agency. That is why our bill includes $130
million above the request for important Homeland Security defense
priorities, including the Ground-Based Midcourse Defense System and the
Aegis Weapons System, two systems that have demonstrated their capacity
to perform, that should be, quite honestly, robustly funded.
I have no further comments and would ask that the amendment be
opposed.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Alabama (Mr. Rogers).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. ROGERS of Alabama. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Alabama will
be postponed.

Amendment No. 13 Offered by Mr. Quigley

The Acting CHAIR. It is now in order to consider amendment No. 13
printed in House Report 114-623.
Mr. QUIGLEY. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 31, line 8, after the dollar amount, insert ``(reduced
by $75,802,000)''.
Page 170, line 7, after the dollar amount, insert
``(increased by $75,802,000)''.

The Acting CHAIR. Pursuant to House Resolution 783, the gentleman
from Illinois (Mr. Quigley) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Illinois.
Mr. QUIGLEY. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, the Air Force plans to acquire 1,000 next-generation
air-launched cruise missiles, otherwise known as the long-range
standoff weapon. This is double the size of the existing nuclear-armed
cruise missile arsenal. However, many experts have already told us
there is no need for nuclear-armed cruise missiles.
We already have the most advanced bomber ever created in our arsenal,
the

[[Page H3876]]

B-2 Stealth bomber, and the Air Force will be acquiring new B-21
Stealth bombers. These bombers are capable of penetrating enemy
airspace and dropping a nuclear bomb directly above a target, making
nuclear-armed cruise missiles redundant.
If we decide we want to shoot nuclear missiles from thousands of
miles away, we still have very expensive submarines and very expensive
ICBMs capable of doing just that. Instead of investing more dollars
into our outdated and oversized nuclear arsenal, we must make smart
investments on other priorities that actually keep us safe, or on
reducing our unsustainable debt and deficits. Yet, last year's budget
doubled down and accelerated production of the missile by 2 years to
2025. The accelerated procurement schedule will cost taxpayers an
additional $75.8 million more in 2017 than originally planned in the
fiscal year 2015 acquisition schedule, but that makes little sense when
there is so much uncertainty about whether this missile is affordable
or even necessary.
That is why my amendment will put $75.8 million towards deficit
reduction by placing funding for the long-range standoff weapon back on
its 2015 acquisition schedule. There is no need to rush development
when as little as 2 years ago the Air Force had requested a delay in
procurement to pay for higher priorities before changing its mind a
year later.
On top of that, the existing air-launched cruise missile and warhead
isn't being phased out until the 2030s.
Mr. Chairman, I reserve the balance of my time.
Mr. ROGERS of Alabama. Mr. Chairman, I claim the time in opposition
to the amendment.
The Acting CHAIR (Mr. Hultgren). The gentleman from Alabama is
recognized for 5 minutes.
Mr. ROGERS of Alabama. Mr. Chairman, I yield myself such time as I
may consume.
As chairman of the Subcommittee on Strategic Forces, I am deeply
familiar with our nuclear forces. I want to urge my colleagues to vote
``no'' on this amendment.
Two successive Secretaries of Defense have said that nuclear
deterrence is the most important mission the Department has.
Secretary Hagel said: ``Our nuclear deterrent plays a critical role
in assuring U.S. national security, and it is DOD's highest priority
mission. No other capability we have is more important.''
Secretary Carter said: ``The nuclear mission is the bedrock of our
security. It is what stands in the background and looms over every
action this country takes on the world stage. It is the foundation for
everything we do.''
The LRSO program is critical to the mission, and it must remain on
schedule. The fleet of existing air-launched cruise missiles that the
LRSO will replace is over 30 years old, and their reliability is
rapidly declining. Projected improvements in adversary air defense will
impact its effectiveness even more. Simply put, our nuclear deterrent
will not be credible unless it is modernized. The funding this
amendment seeks to eliminate is necessary to modernize and keep this
aspect of our nuclear deterrent on schedule.
There is a clear military requirement for the LRSO, and it is a
national security imperative. This requirement has been identified and
documented by the military and the Obama administration.
We should not be supporting the unilateral nuclear disarmament, and
we should not be supporting this amendment. I urge my colleagues to
vote ``no.''
Mr. Chairman, I reserve the balance of my time.
Mr. QUIGLEY. Mr. Chairman, I yield 1\1/2\ minutes to the gentleman
from Colorado (Mr. Polis).
Mr. POLIS. Mr. Chairman, this amendment today is being offered by my
colleague, Mr. Quigley, along with Mr. Blumenauer, Mr. Garamendi,
Ranking Member Smith, and myself. It would take the first step toward
right-sizing a project in the U.S. military.
The U.S. military is in the midst of a major modernization program to
sustain the strategic nuclear triad. The program will generate a
massive wave of spending requirements into the 2020s, but the Pentagon
does not know how to pay for it. Well, look, we have at least a partial
idea for how to pay for the security needs of our country.
The United States, in the next decade, will build a new ballistic
missile submarine, a new strategic bomber, a replacement for the
Minuteman III, and the cruise missile discussed today. Now, one might
ask why a Stealth bomber needs a nuclear long-range standoff weapon,
and that is exactly what many military experts are already asking.
Slowing the spending on the LRSO would slow spending on a redundant
weapon, one that many military commanders agree is simply not needed.
It would save $75 million and help start us on a road towards making
smart decisions about our Nation's security, and save dollars down the
road as well.

{time} 1600

I am very pleased to be supporting this amendment. The Pentagon
comptroller recently called the strategic force modernization ``the
biggest acquisition problem that we don't know how to solve yet.'' The
cruise missile alone is estimated to cost $20 billion to $30 billion
over its life cycle.
Let's make some commonsense decisions to make our country
economically stronger, economically more secure, as well as our
military stronger.
Mr. ROGERS of Alabama. Mr. Chairman, I yield such time as he may
consume to the gentleman from New Jersey (Mr. Frelinghuysen), chairman
of the Defense Appropriations Subcommittee.
Mr. FRELINGHUYSEN. I thank the gentleman for yielding.
Mr. Chair, it is a pleasure to stand with the chairman of the
committee that has oversight of this important, critical program.
The bottom line is that this amendment would unilaterally disarm our
country by undermining the development of this new cruise missile,
which would, in turn, weaken the airborne leg of our nuclear triad,
which we depend on for a deterrent. You can be darn sure that the
Russians and Chinese are not sitting back.
For the record, our committee has taken fiscally prudent minor
reductions in the Standoff Weapon program when justified. This cut,
which is nearly 80 percent of the funds requested, would be crippling,
which, of course, is the apparent intention of this amendment. We don't
support that.
The Air Force remains on track to issue a request for a proposal to
industry for the technology maturation and risk reduction phase of the
program before the end of the fiscal year, with a contract award to be
made in fiscal year 2017. This amendment, if adopted, would radically
slash funding and bring this effort to a halt. Therefore, I join with
the chairman in urging strong opposition to this amendment.
Mr. QUIGLEY. Mr. Chairman, might I inquire how much time I have left?
The Acting CHAIR. The gentleman from Illinois has 1\1/2\ minutes
remaining. The gentleman from Alabama has 2 minutes remaining.
Mr. QUIGLEY. I yield 1 minute to the gentleman from Indiana (Mr.
Visclosky), the ranking member.
Mr. VISCLOSKY. I thank the gentleman for yielding.
Mr. Chairman, I rise in strong support of the gentleman's amendment.
The chairman mentioned that the reduction that is called for in this
amendment would certainly impact the cruise missile program; however, I
would point out that there is funding in the legislation, and we are
developing a B-21, a new penetrating bomber. Also, moneys are being set
aside by the United States Congress to extend the life of the B-61
nuclear weapon.
Congress will likely continue to provide robust funding for both of
these very costly systems. I do not think we need a third redundancy,
and we ought to pull back and support the gentleman's amendment.
Mr. ROGERS of Alabama. Mr. Chairman, I would like to close by saying
that it is essential that we keep this modernization pace that we have
got in place. Vote ``no'' on this amendment.
Mr. Chairman, I yield back the balance of my time.
Mr. QUIGLEY. Mr. Chairman, in the brief time I have, this doesn't gut
the program. It brings it back to its 2015 acquisition schedule.
Folks, we have to prioritize. We can't have three redundancies when
we have cut homeland security money by 50 percent in the last 5 years.
After Orlando, we should learn to reprioritize

[[Page H3877]]

what really keeps Americans safe. I encourage a ``yes'' vote.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Illinois (Mr. Quigley).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. QUIGLEY. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Illinois
will be postponed.

Amendment No. 14 Offered by Mr. Wittman

The Acting CHAIR. It is now in order to consider amendment No. 14
printed in House Report 114-623.
Mr. WITTMAN. Mr. Chairman, as the designee of the gentleman from
Virginia (Mr. Forbes), I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Strike section 8055.

The Acting CHAIR. Pursuant to House Resolution 783, the gentleman
from Virginia (Mr. Wittman) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Virginia.
Mr. WITTMAN. Mr. Chairman, I rise today in support of the amendment
offered by Representative Forbes and myself that would strike section
8055, a provision that prohibits modifying the command and control
relationships between U.S. Fleet Forces Command and the U.S. Pacific
Fleet.
Importantly, this amendment directly aligns with guidance provided by
the Chief of Naval Operations, Admiral John Richardson, in his ``A
Design for Maintaining Maritime Superiority,'' released just 5 months
ago. In that guidance, Admiral Richardson advocated for examining the
organization of U.S. Fleet Forces Command, U.S. Pacific Fleet, and
their subordinate commands, with the end goal of clearly defining
operational and wartime demands and generating ready forces to meet
these demands.
Further, this amendment would allow our Navy to conduct an internal
review and amend its organization and direction as needed to create
organizational effectiveness. The Navy has advocated for this
opportunity, and granting their request would streamline processes and
support the Navy's efforts to become a greater fighting force than ever
before.
Finally, this amendment eliminates redundant expenditures on Naval
organizational structure and provides opportunities to redirect funds
toward bolstering fleet readiness.
This amendment is consistent with the FY 2017 NDAA that passed the
House by a vote of 277-147. Specifically, section 910 of the House-
passed FY 2017 NDAA reduces component commanders to the grade of
lieutenant general or vice admiral. This amendment grants our Navy the
latitude it needs to effectively organize its own commands in order to
meet our Nation's maritime defense demands.
Mr. Chairman, I reserve the balance of my time.
Mr. VISCLOSKY. Mr. Chairman, I claim time in opposition to the
gentleman's amendment.
The Acting CHAIR. The gentleman from Indiana is recognized for 5
minutes.
Mr. VISCLOSKY. Mr. Chairman, the world's largest fleet command, the
United States Pacific Fleet, encompasses 100 million square miles,
nearly half the Earth's surface. As our Nation conducts a rebalance in
the Asia Pacific arena, it is critical that the Pacific Fleet preserve
and increase its force structure, when necessary.
Under the current organization and command structure, the Fleet
reports directly to the administrative offices of the Chief of Naval
Operations and, operationally, to the U.S. Pacific Command.
It is my belief that the current command structure ensures more
oversight and more accountability, particularly for budgeting and
resources, which we as appropriators certainly appreciate. Changing
this relationship, I believe, would make that oversight of this
committee and the Congress more difficult, and, therefore, I am opposed
to it. We have enough problems with oversight at the Department of
Defense. We don't need to pile on.
Mr. Chairman, I reserve the balance of my time.
Mr. WITTMAN. Mr. Chairman, I would say to the gentleman that, when
the Navy asks for the ability to reduce its organizational structure to
make itself more efficient to do the things that it needs to do to
indeed fulfill the role in the Asia Pacific, maybe we ought to do what
the Navy asks for us to do.
I am certainly an advocate for streamlined organizational structure
and not more organizational structure. I think that this actually gets
at that. It allows the Navy to perform its mission there in the Asia
Pacific, allows that realignment to happen, but allows it to do so in a
modernized organizational structure that the CNO is asking for. To me,
that just makes sense. That is why I am strongly in favor of this
amendment.
Mr. Chairman, I reserve the balance of my time.
Mr. VISCLOSKY. Mr. Chair, it is my understanding that, because I am
defending the position of the committee, I have the right to close.
The Acting CHAIR. The gentleman is correct.
Mr. VISCLOSKY. I reserve the balance of my time.
Mr. WITTMAN. Mr. Chairman, again, I would say that, based on the
direction from the CNO and his directives of how the Navy is looking to
reorganize itself to make sure that it has the ability to maintain
maritime superiority--this came out just 5 months ago--to me, it makes
perfect sense for us to be able to do that. It is to enable the Navy do
the things that it needs to do.
We have a modern Navy that needs the flexibility to make sure that it
brings all of its assets forward, especially in the Asia Pacific, with
new challenges there for our surface fleets, for our submarines, and
for our aircraft carrier strike groups there. This, to me, is a needed
change to make sure that the Navy can become more efficient
organizationally to be able to get the job done.
Mr. Chairman, I yield such time as he may consume to the gentleman
from New Jersey (Mr. Frelinghuysen), the chairman of the subcommittee.
Mr. FRELINGHUYSEN. Mr. Chair, let me say I support the gentleman's
amendment. I think it makes good sense. I understand his rationale and
strong feelings as to why it needs to take effect.
Mr. WITTMAN. Mr. Chairman, I yield back the balance of my time.
Mr. VISCLOSKY. Mr. Chair, I would again point out, as I did in my
opening remarks, that the current organization and command structure of
the U.S. Pacific Fleet works well. It provides us with the necessary
ability to oversight.
Despite the gentleman's representations, and I would not suggest he
is misrepresenting the facts, I am not aware that our committee was
approached by the Chief of Naval Operations for a reorganization of the
Pacific Fleet command structure. I am not suggesting they are the fount
of all wisdom, but they have not brought that to this committee's
attention. I would, therefore, respectfully oppose the gentleman's
amendment.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Virginia (Mr. Wittman).
The amendment was agreed to.
The Acting CHAIR. The Chair understands amendment No. 15 will not be
offered.

Amendment No. 16 Offered by Mr. O'Rourke

The Acting CHAIR. It is now in order to consider amendment No. 16
printed in House Report 114-623.
Mr. O'ROURKE. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 112, beginning line 23, strike section 8121.

The Acting CHAIR. Pursuant to House Resolution 783, the gentleman
from Texas (Mr. O'Rourke) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Texas.
Mr. O'ROURKE. Mr. Chairman, I yield myself such time as I may
consume.

[[Page H3878]]

Mr. Chairman, I can think of no more important, awesome
responsibility for us, as Representatives of our various districts
across the country, than to ensure that the servicemembers whom we
place in harm's way in over 140 countries around the world in the
longest conflicts we have ever fought in Afghanistan, Iraq, Syria, and
elsewhere are resourced, that they are trained, that they have
everything that they need to complete the missions to which we have
assigned them and to return home from the battlefield safely. And yet,
despite authorizing a record amount this year in defense
authorizations--over $600 billion--we have stretched our military thin.
We are approaching a crisis in readiness, and what that means is that
we are approaching a point where we are going to send men and women
into harm's way without the resources and training and support they
need to ensure they come back safely. This is at a time, Mr. Chairman,
when we learn that the Army has 33 percent over capacity in terms of
resources that it has that it does not need to perform its functions.
The Air Force is 32 percent over capacity, and the Department of
Defense, as a whole, is 22 percent over capacity.
Just one example, in the Department of the Army, if we were to reduce
that overcapacity and move those resources where they can be more
effectively placed, we would save $500 million a year.
If we want to better serve our servicemembers, I ask my colleagues to
join me in this amendment, which strikes language from the underlying
bill that prohibits the Department of Defense from planning, proposing,
or implementing a base realignment and closure round.
Now, to be clear, by striking that language, this would not authorize
a BRAC. It would simply allow the Department of Defense to begin
discussions around this, to begin planning it, and if it thinks it is
the best way to serve our servicemembers and pursue our missions
overseas, the Department of Defense could then propose a base
realignment and closure round.
Mr. Chairman, I think this is the best way that we can serve both our
servicemembers and the taxpayer and place resources where they can be
most efficiently and effectively used.
Mr. Chairman, I reserve the balance of my time.
Mr. FRELINGHUYSEN. Mr. Chairman, I rise in opposition to the
gentleman's amendment.
The Acting CHAIR. The gentleman from New Jersey is recognized for 5
minutes.
Mr. FRELINGHUYSEN. Mr. Chair, respectfully, again, while the
administration has argued that additional base realignment and closure
rounds may be necessary to reduce infrastructure costs and overall
costs, the 2000 BRAC one-time implementation costs were billions more
than were assumed by the BRAC Commission.

{time} 1615

Let's be honest. Even today, many States and regions are suffering
from the effects of the last BRAC. I have seen little evidence that it
saved us money, and we have taken a close look at it.
Furthermore, the authorization bill which we passed several weeks ago
rejects BRAC for fiscal year 2017, and our bill provides none of the
requested funding for a BRAC analysis and planning. I think the
majority in Congress have made their views clear, and I rise in
opposition to the amendment and urge a ``no'' vote.
Mr. Chairman, I yield back the balance of my time.
Mr. O'ROURKE. Mr. Chair, I yield to the gentleman from Indiana (Mr.
Visclosky).
Mr. VISCLOSKY. Mr. Chairman, I appreciate the gentleman yielding.
I do rise in support of his amendment. The fact is, the Congress of
the United States today excels at one thing. We excel better than
anybody else at one thing: doing nothing. We do nothing better than
anybody else. We should do something, and I do believe we ought to look
ahead.
The Department is asking us to take a longer view, and let's take a
look at this. The Department has indicated that they believe they have
22 percent excess capacity. Maybe they are wrong. Maybe it is much less
than that. But I think we ought to have a serious examination of it and
find moneys in a constrained environment for readiness, for training,
for necessary procurement.
So I appreciate the gentleman offering his amendment, and I do
support it.
Mr. O'ROURKE. Mr. Chairman, I thank the gentleman from Indiana for
his comments, and I also thank the gentleman from New Jersey for his
and for mentioning the cost of these BRAC rounds.
Yes, there is a significant, one-time cost, but if we look at the
combined return that we see from all BRACs in all previous years, we
realize $13.6 billion annually to the positive. Just from the 2005 BRAC
alone, it is $3.8 billion that we can place in support of our
servicemembers, in reducing waste, and ensuring that those precious tax
dollars go to where they will be most effective.
Mr. Chairman, may I ask how much time I have remaining?
The Acting CHAIR. The gentleman from Texas has 1 minute remaining.
Mr. O'ROURKE. Mr. Chair, I yield 45 seconds to the gentleman from
Florida (Mr. Jolly).
Mr. JOLLY. Mr. Chairman, I thank my colleague from Texas, and I thank
the chairman for a very good bill that I intend to support. This is a
strong bill. The chairman has done great work.
But I do want to rise in support of the effort of my colleague from
Texas. We do continue to hear about the excess capacity that each of
the services have. And I ask the question: Should we really be paying
for cement we don't need when we face end-strength needs,
recapitalization needs, and other more important priorities than
facilities?
This is a hard issue, and the answer doesn't lie simply in today's
amendment. But I think we should continue the conversation. That is why
I rise to support my colleague; I rise to support the bill and my
chairman as well, and to thank the gentleman for offering the
amendment.
Mr. O'ROURKE. Mr. Chairman, I thank the gentleman from Florida.
I will just ask my colleagues to support a commonsense, bipartisan
amendment that moves beyond parochialism, that moves beyond
partisanship, that ensures that we have fiscal responsibility and
effective and efficient support of our servicemember and our
warfighter.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Texas (Mr. O'Rourke).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. O'ROURKE. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Texas will
be postponed.

Amendment No. 17 Offered by Mr. Huffman

The Acting CHAIR. It is now in order to consider amendment No. 17
printed in House Report 114-623.
Mr. HUFFMAN. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Strike section 8127.

The Acting CHAIR. Pursuant to House Resolution 783, the gentleman
from California (Mr. Huffman) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from California.
Mr. HUFFMAN. Mr. Chairman, I stand, once again, today to offer an
amendment with my fellow Californian, Tom McClintock, and I have to say
this is a deja vu moment. Just last year, Mr. McClintock and I worked
together, on a bipartisan basis, to finally strike a wasteful provision
that was in the 2016 Defense Appropriations Act and had been in many
previous Defense Appropriations Acts.
Our amendment, which passed overwhelmingly in this House, would save
taxpayers millions of dollars by ending an outdated earmark mandating
that the Defense Department ship coal from a certain part of
Pennsylvania, 4,000 miles across the planet, to American bases in
Germany.
Somehow, this zombie provision from the deepest days of the cold war
and the golden era of congressional earmarks, when you could go into a
bill

[[Page H3879]]

like this and arrange a sweetheart deal for a certain district and a
certain coal company, somehow that provision was snuck back into this
year's bill. It just won't die.
Now, for years, the Department of Defense and the President's annual
budget has urged Congress to get rid of this provision, to allow the
use of cheaper fuels to power its military bases in Germany. But
because of certain special interests, the provision has persisted. It
is a terrible deal for the American taxpayers, for the environment, but
it has persisted.
Now that finally changed last year, and our amendment not only passed
this House but it passed by a vote of 252-179. In this House, that is
what we call a home run.
Like a bad sequel, this earmark is back once again, sneaking into the
2017 bill under a new name. Now don't let the new wording trick you.
The practical implications and the intent are exactly the same as the
old zombie earmark language.
Congress worked on a bipartisan basis last year to kill this bad
idea, and it should do so again because the bottom line is that
taxpayers should not be paying to ship coal, or any other energy
source, 4,000 miles across the planet to a certain facility in Germany.
We should give the Air Force the same flexibility to meet its energy
needs that every other U.S. military installation around the world has.
Mr. Chairman, I reserve the balance of my time.
Mr. THOMPSON of Pennsylvania. Mr. Chairman, I rise in opposition to
the Huffman/McClintock amendment.
The Acting CHAIR. The gentleman from Pennsylvania is recognized for 5
minutes.
Mr. THOMPSON of Pennsylvania. Mr. Chairman, last year, the House
voted to remove longstanding language from the fiscal year '16
Department of Defense Appropriations bill that sourced Pennsylvania
Anthracite to a public utility in Germany, which provides energy and
heat for our troops stationed in the Rhine area and, in particular, in
Kaiserslautern.
While seemingly well-intentioned, my colleagues misrepresented the
overall costs associated with this provision, and they painted this as
the poster child for government waste.
Taking their concern into account, the Appropriations Committee
drafted language for fiscal year 2017 that does not prescribe the
energy type or where it is to be sourced from, with the exception that
the energy be domestically produced here in the United States.
Mr. Chairman, nearly 56,000 American defense personnel and family
members reside in the Kaiserslautern military community. There are more
overseas U.S. defense installations and personnel in Germany than in
any other nation. Their well-being is of the utmost importance.
Unfortunately, the amendment to strike section 8127 will place the
energy needs of our military installations and, by the way, all the
dependents, those family members, clearly in the hands of Russia.
And I am not the only one sounding this alarm. In February, Commander
of the U.S. Forces in Europe, General Philip Breedlove, testified
before the House Armed Services Committee that, and I quote: ``European
continued dependence on Russian energy, specifically former Soviet and
Eastern Bloc states, only serves to bolster Russia's ability to coerce
those nations to achieve political gains.''
Former Supreme Allied Commander of NATO provided testimony before the
Armed Services Committee that: ``Mr. Putin's strategy does not rely on
military power alone. He seeks to maintain European dependence on
Russian gas and continues to use that dependence as a weapon; he deftly
applies a `divide and conquer' strategy to undermine Europe's
cohesion.''
Mr. Chairman, Former Deputy Assistant Secretary of Defense for
Russia, Ukraine, and Eurasia, Dr. Evelyn Farkas testified that ``the
Defense Department should no longer do any business with Russia.'' She
concluded that ``we must work with Germany and other allies to meet
Europe's natural gas demand in a way that gives them leverage against
Moscow, not the other way around, and benefits U.S. companies and
alternative suppliers.''
Those who have environmental concerns need to recognize that even
Greenpeace evaluated the facilities at Kaiserslautern in 2013. They set
a goal for the reduction of CO2 emissions by 2020 greater
than 40 percent, with a 35.4 percent reduction that was achieved by
2014.
Mr. Chairman, I do agree with my colleagues that we should do
everything in our power to increase efficiency, but the cold reality is
that if we do not domestically source energy for our troops, it is
going to be left in the hands of Russia.
I encourage my colleagues to take into consideration what is at stake
and reject the Huffman amendment. Failure to address these concerns
could leave our servicemen and -women serving overseas in a new and
very literal cold war.
Mr. Chairman, I reserve the balance of my time.
Mr. HUFFMAN. Mr. Chairman, may I inquire as to the balance of my
time?
The Acting CHAIR. The gentleman from California has 2\1/2\ minutes
remaining.

Mr. HUFFMAN. Mr. Chairman, I yield 2 minutes to the other gentleman
from California (Mr. McClintock).
Mr. McCLINTOCK. Mr. Chairman, I do not support the war on coal that
is waged by this administration and my friends on the left, but I do
support the war on waste, and I support this amendment based upon that
fiscal imperative.
Now we are told our defense budget is so stretched that we now have
to scavenge museums for aircraft parts. Yet there appears to be plenty
of money to squander in a corrupt earmark that dates back to 1961.
As has been pointed out, that earmark requires that one American Air
Force base in Kaiserslautern, Germany, has to purchase 9,000 tons of
coal a year at a grossly inflated price, plus the cost of transporting
this overpriced coal across the Atlantic Ocean and halfway across the
European Continent.
The latest excuse we just heard is, well, otherwise we have to buy
coal from Russia. Well, why in the world would we want to do that?
One company in Poland produces 48 million tons of coal from 23 mines.
It produces more coal in an hour than this base uses in a year. And the
objection seems particularly ludicrous, considering that the NDAA
authorizes hundreds of millions of dollars for rocket engines purchased
from Russia.
The Pentagon and successive Presidents have consistently protested
this waste, but these protests have fallen on deaf ears in Congress,
even while we are told that our defense spending has been cut to the
bone.
If we don't change the spending trajectory of this government, the
Congressional Budget Office warns that, in 6 years, interest on the
national debt will exceed what we spent this year for our defense. That
makes rooting out waste like this a national defense imperative.
Mr. THOMPSON of Pennsylvania. Mr. Chairman, I yield such time as he
may consume to the gentleman from Pennsylvania (Mr. Barletta).
Mr. BARLETTA. Mr. Chairman, I rise in opposition to the amendment
offered by the gentleman from California. A vote for this amendment is
a vote to force American servicemembers serving abroad to rely on
Russia as their source of energy, energy they need for warmth and
comfort.
The language that this amendment strikes simply requires our military
base in Kaiserslautern, Germany, to use at least one American energy
source for heat and power. If we remove this, our military base will
have to turn to Russia for energy.
Now Vladimir Putin has used Russian energy as a weapon in
international politics before. We should not give him that power over
our military assets.
I urge my colleagues to reject this amendment and stand against
Russian influence over the energy used by our military personnel.
Mr. HUFFMAN. Mr. Chairman, I reserve the balance of my time.
Mr. THOMPSON of Pennsylvania. Mr. Chairman, I yield such time as he
may consume to another gentleman from Pennsylvania (Mr. Dent).
Mr. DENT. Mr. Chairman, I want to concur with the comments of my
colleagues Mr. Thompson and Mr. Barletta in opposition to this
amendment. I work closely with our friends in Germany. I am chair of
the Congressional Study Group on Germany. I also

[[Page H3880]]

have been very close and meet with many leaders from Kaiserslautern.
They are very pleased with the arrangement that we have had with their
community for a very long time. In fact, I met with their leaders,
their municipal utility, and we have had these conversations.
But what they have said is true. We might as well call this the ``Buy
Russian'' amendment. Buy from Russia because if you are going to
replace anthracite from the United States, there is really only one
place you are going to get that. It is in Russia or perhaps in maybe
some Russian-dominated areas of Ukraine right now.

{time} 1630

That is it. If this energy is not sourced in the U.S., it will be
sourced in Russia. As has been stated, Russia uses energy as a weapon
against the West, particularly against our European allies. Why we
would be unwitting allies with Vladimir Putin on this little dustup on
Kaiserslautern is beyond me.
For all these reasons, I say oppose this amendment, buy American-
sourced energy, and reject this buy Russian amendment.
Mr. HUFFMAN. Mr. Chairman, the boogeyman of Russian coal and Vladimir
Putin really do strain credulity. In addition to the option of buying
coal in Germany itself, which would obviously be one way to do this, as
my colleague, Mr. McClintock, points out, there is abundant coal
alternatives if they want to buy coal in Poland, our NATO ally, or in
Ukraine, an ally that we would like to help in lots of ways as they
strive for independence and economic development under the boot of
Vladimir Putin's Russia.
The last thing that was raised, the fact that somehow the language in
the base bill would not require coal from Pennsylvania, is also a red
herring. The language in this bill that says domestically sourced
energy is required and other provisions effectively mean that the
status quo--the sweetheart arrangement with one specific coal company
in Pennsylvania--would be the only way that the Air Force could comply
with this requirement.
So let's reiterate our bipartisan opposition to this wasteful, zombie
earmark. I ask for an ``aye'' vote.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from California (Mr. Huffman).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. HUFFMAN. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from California
will be postponed.

Amendment No. 18 Offered by Mr. Peters

The Acting CHAIR. It is now in order to consider amendment No. 18
printed in House Report 114-623.
Mr. PETERS. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Strike section 8132.

The Acting CHAIR. Pursuant to House Resolution 783, the gentleman
from California (Mr. Peters) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from California.
Mr. PETERS. Mr. Chairman, my amendment strikes language in the
underlying bill that undermines and underfunds the Department of
Defense's ability to develop and acquire alternative fuels that improve
mission capabilities under section 526 of the Energy Independence and
Security Act of 2007.
Section 526 established important baselines that guide private sector
innovators in the development of alternative fuels for our military.
It is a low-cost, commonsense provision that helps the military
fulfill its existing goals to diversify its fuel supply to reduce costs
and save lives.
It does not, as some incorrectly claim, ban any fuels. It has not
hindered the Department of Defense from purchasing the fuels that we
need right now to counter the new and dynamic threats we face
throughout the globe. It simply requires fuel producers seeking to do
business with our military to meet certain requirements. We cannot
expect to fight and to win the wars of tomorrow with only the fuels of
yesterday.
A $1 increase in the price of a barrel of oil translates to
approximately a $130 million increase in DOD expenditures over the
course of a year. A blip in the world oil market forces the Department
to redirect resources away from mission priorities--grounding planes
and turning ships around.
Since September 11, 2001, more than 3,000 servicemembers have been
killed or wounded in attacks on fuel convoys in Afghanistan. Delivering
technologies to our troops that improve efficiency and cost certainty
over traditional sources of fuel is both a lifesaving strategy and has
tactical benefits on the battlefield.
Some of my colleagues on the other side of this issue will say that
section 526 is putting President Obama's green climate initiative into
national security policy, but that is not true. But this provision was
signed into law 9 years ago by a Republican President, George Bush. It
is still supported by our military leaders today, and Congress should
support it.
My colleagues will say that they are simply broadening the market for
alternative fuels for the military, but they are not. They are ripping
the bottom out from under it.
By inserting an anti-environmental agenda into the process of funding
our national defense, the funding prohibition cripples existing efforts
at the DOD to purchase cost-competitive biofuels and abolishes any
certainty in the commercial marketplace.
This would take us backwards at a time when we need a smart, forward-
looking approach to increase fuel diversity, particularly in ways that
improve efficiency, enhance our range and agility, and better prepare
our forces for future security environments where logistics may be
constrained.
Energy security is national security.
Mr. Chairman, I urge my colleagues to support the amendment.
I reserve the balance of my time.
Mr. FRELINGHUYSEN. Mr. Chairman, I rise in opposition to the
amendment.
The Acting CHAIR. The gentleman from New Jersey is recognized for 5
minutes.
Mr. FRELINGHUYSEN. Mr. Chairman, fuel for our troops' mobility and
strike capability is one of our military's most critical resources. The
provision it would strike ensures that our military has all the options
it needs for fuel.
Mr. Chairman, I urge my colleagues to oppose the amendment.
I yield back the balance of my time.
Mr. PETERS. Mr. Chairman, may I inquire how much time I have
remaining?
The Acting CHAIR. The gentleman from California has 2 minutes
remaining.
Mr. PETERS. Mr. Chairman, I yield such time as he may consume to the
gentleman from Indiana (Mr. Visclosky), the ranking member.
Mr. VISCLOSKY. Mr. Chairman, I appreciate the gentleman's yielding
and I rise in support of his amendment.
As he has, I think, very ably mentioned, the Department of Defense is
the largest purchaser on the planet of fuel. We do need to increase the
menu of our energy sources. The Department has clearly stated that
section 526 has not hindered it from purchasing the fuel it needs today
worldwide to support military operations, but we ought to think about
tomorrow's soldiers, sailors, airmen, and marines who will need a
greater range of energy sources. We ought to keep those options open.
Mr. Chairman, I appreciate the gentleman's offering the amendment,
and I do support it.
Mr. PETERS. Mr. Chairman, I would just say, again, the politics on
this amendment is really on the other side. We have seen the military
support this. This is an effort started by President George Bush to
improve our security and cost containment.
Mr. Chairman, I urge my colleagues to support removing this
restriction by voting for this amendment.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from California (Mr. Peters).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.

[[Page H3881]]

Mr. PETERS. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from California
will be postponed.
Mr. PETERS. Mr. Chairman, I ask unanimous consent to withdraw my
request for a recorded vote.
The Acting CHAIR. Without objection, the request for a recorded vote
is withdrawn. Accordingly, on the basis of the voice vote, the noes
have it and the amendment is not adopted.
There was no objection.

Amendment No. 19 Offered by Mr. Poe of Texas

The Acting CHAIR. It is now in order to consider amendment No. 19
printed in House Report 114-623.
Mr. POE of Texas. Mr. Chairman, I have an desk amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 126, line 13, after the dollar amount insert the
following: ``(reduced by $200,000,000)''.

The Acting CHAIR. Pursuant to House Resolution 783, the gentleman
from Texas (Mr. Poe) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Texas.
Mr. POE of Texas. Mr. Chairman, I yield myself such time as I my
consume.
Mr. Chairman, the underlying bill gives $900 million of American
money to Pakistan. That is $200 million more than last year.
My amendment cuts the money given to Pakistan to the same amount as
last year, $700 million. Of course, if I had my way, I would cut all
the money to Pakistan.
Here is the reason, Mr. Chairman: the Pakistanis hid Osama bin Laden,
and we had to go into Pakistan and take him out. They hid him, and the
world knows about it. After they hid Osama bin Laden, amazingly, the
CIA section chief in Pakistan is poisoned. He comes back to the United
States. He believes, and the CIA believes, that it was the Pakistani
ISI that poisoned him. I agree with them.
People say that we need to help Pakistan fight the war in
Afghanistan, but Pakistan is on the wrong side of the war, Mr.
Chairman.
In an editorial by The New York Times entitled ``Time to Put the
Squeeze on Pakistan,'' the paper calls Pakistan a dangerous and
duplicitous partner, and said that Pakistan was fueling the war in
Afghanistan.
Now, I don't agree with The New York Times on a lot of things, but I
agree here. We can't trust the Pakistanis, yet every year, we give them
more money.
In February 2012, a NATO report confirmed that ISI was supporting the
Taliban and other terrorist groups with resources, sanctuary, and
training. On May 21 of this year, the United States killed the leader
of the Taliban in a drone strike.
And guess where he was hiding out?
In Pakistan.
Once again, the Pakistanis cannot be trusted. We are supposed to be
fighting the Taliban in Afghanistan. The military in Pakistan, in my
opinion, is taking the money we give them and helping to support the
Taliban in Afghanistan. They want to have it both ways. U.S. officials
later revealed that the Taliban leader that we took out was plotting
new attacks on American targets in Afghanistan.
We have given Pakistan $33 billion of aid since 9/11, and each year
we say that Pakistan is at the crossroads and needs to decide whether
it is going to fight terrorists or fight on our side. Let me tell you,
we are being played by the Pakistanis. They are taking money from
whomever they can get it. They support the Taliban, and they claim they
support us.
Let's just make them get a little less money every year. Cut it down
from $900 million--which is in this year's budget--to what it was last
year, $700 million.
Mr. Chairman, we don't need to pay Pakistan to betray us. They are
going to do it for free. That is what this amendment does. It cuts
money, $200 million.
Mr. Chairman, I reserve the balance of my time.
Mr. FRELINGHUYSEN. Mr. Chairman, I rise in opposition to the
gentleman's amendment.
The Acting CHAIR. The gentleman from New Jersey is recognized for 5
minutes.
Mr. FRELINGHUYSEN. Mr. Chairman, I appreciate the gentleman's passion
on the issue and his consistent passion.
For the record, Mr. Chairman, the Coalition Support Fund allows the
Secretary of Defense, as was true of his predecessor, to reimburse any
key cooperating nation for logistical and military support, including
access, specialized training to personnel, procurement, and provision
of supplies and equipment provided by that nation in connection with a
United States military operation, and Pakistan is one of those.
Receipts for reimbursements are submitted by cooperating nations and
are fully vetted by the Pentagon and follow strict--and I say strict--
criteria to meet standards for reimbursement. It is all about
reimbursement. All payments are made in arrears and following
notification to Members of Congress on appropriate committees.
Regarding Pakistan, the Coalition Support Fund remains a critical
tool to enable Pakistan to effectively deal with future challenges from
the emerging U.S. drawdown--and we are drawing down.
It also remains a cost-effective tool for the U.S. to remain engaged
in the region and with Pakistan. We shouldn't be abandoning Pakistan,
because we might actually have something even worse than what the
gentleman describes if we turn our back on Pakistan.
Mr. Chairman, I feel strongly this amendment ought to be opposed.
I yield such time as he may consume to the gentleman from Indiana
(Mr. Visclosky), the ranking member.
Mr. VISCLOSKY. Mr. Chairman, I appreciate the chairman's yielding. I
associate myself with his remarks and I am in opposition to the
gentleman's amendment.
There is no question that the relationship with Pakistan has been
very difficult, but we ought to also remember that not only are we
talking about the issues of terrorism in this country, but that
Pakistan is possessed of nuclear weapons and has capabilities.
The committee is not ignorant of these facts, and the fact is that
under the chairman's leadership, we do have section 9017 that requires
the Secretary of Defense, prior to obligating the funds, to certify
certain actions. One of those is that Pakistan is cooperating on
counterterrorist efforts. They are preventing the proliferation of
nuclear-related materials and expertise, and they are not intervening
extra judiciously in political or judicial processes.
No one is completely naive here in this Chamber, but it is important
that we continue that relationship with great care and oversight.
And, again, I do join with the chairman in opposition to the
amendment, and I appreciate the gentleman yielding.

{time} 1645

Mr. FRELINGHUYSEN. Mr. Chairman, how much time do I have remaining?
The Acting CHAIR. The gentleman from New Jersey has 2 minutes
remaining.
Mr. FRELINGHUYSEN. Mr. Chairman, I yield 1 minute to the gentlewoman
from Texas (Ms. Jackson Lee), my good friend.
Ms. JACKSON LEE. Mr. Chairman, my good friend, Mr. Poe, is a good
friend and a great leader on these issues dealing with terrorism, but
let me, sadly, join in opposition to this amendment.
Over the years, I have worked with a number of persons in the
Pakistani Government. But, in particular, I want to emphasize that the
Pakistan military, over a period of years, has fought against terrorism
and suffered a great treasure in the loss of their soldiers. I believe
it is important that we continue to collaborate and, as my two
colleagues have said, that we work extensively with oversight.
We must be mindful that they do have nuclear capacity. I believe it
is important that we are engaging and that we use these resources for
them to maintain the security of these resources but, more importantly,
to keep

[[Page H3882]]

a collaboration with, in particular, their military operations which,
overall, have been helpful in the war on terror.
I oppose that reduction, and I thank the gentleman for offering his
amendment.
Mr. Chair, I rise to speak in support of En Bloc Amendment No. 1 to
H.R. 5293, the Defense Appropriations Act for Fiscal Year 2017.
Mr. Chair, I want to thank Chairman Frelinghuysen 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.
Mr. Chair, I am pleased that the En Bloc Amendment includes two of my
amendments that were made in order under the Rule.
The first Jackson Lee Amendment (No. 49) increases funding for the
PTSD by $1,000,000.
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.
My amendment recognizes that these soldiers are first and foremost,
human. They carry their experiences with them.
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. 49 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.
The second Jackson Lee Amendment No. 67 included in the En Bloc
Amendment increases funding for the Defense Health Program's research
and development by $10 million. These funds will address the question
of breast cancer in the United States military.
The American Cancer Society calls several strains of breast cancer as
a particularly aggressive subtype associated with lower survival rates;
in this instance, it's a triple negative. But I raise an article that
says: ``Fighting a Different Battle; Breast Cancer and the Military.''
We all know, by the way, that breast cancer can affect both men and
women. The bad news is breast cancer has been just about as brutal on
women in the military as combat.
Let me say that sentence again. Breast cancer has been just about as
brutal on women in the military as combat. More than 800 women have
been wounded in Iraq and Afghanistan, according to the Army Times; 874
military women were diagnosed with breast cancer just between 2000 and
2011. And according to that same study, more are suspected. It grows.
The good news is that we have been working on it, and I want to add
my appreciation to the military.
Jackson Lee Amendment No. 67, however, will allow for the additional
research.
That research is particularly needed since women are joining the
Armed Services in increasing numbers and serving longer, ascending to
leadership. Within increased age comes increased risk and incidence of
breast cancer.
Not only is breast cancer striking relatively young military women at
an alarming rate, but male service members, veterans and their
dependents are at risk as well.
With a younger and generally healthier population, those in the
military tend to have a lower risk for most cancers than civilians--
including significantly lower colorectal, lung and cervical--but breast
cancer is a different story.
Military people in general, and in some cases very specifically, are
at a significantly greater risk for contracting breast cancer,
according to Dr. Richard Clapp, a top cancer expert at Boston
University who works at the Centers for Disease Control and Prevention
on military breast cancer issues.
Dr. Clapp notes that life in the military can mean exposure to a
witch's brew of risk factors directly linked to greater chances of
getting breast cancer.
We are on the right track, we're on the right road.
I thank the Chair and Ranking Member for including the Jackson Lee
Amendments Nos. 49 and 67 in the En Bloc Amendment and urge my
colleagues to support the En Bloc Amendment.
Mr. FRELINGHUYSEN. Mr. Chair, I would like to point out that these
reimbursements are made to maintain some 186,000 Pakistani forces along
1,600 miles of border between Afghanistan and Pakistan to deter border
conflict, movement, counterterrorism-counterinsurgency operations.
The Pakistanis have paid quite a price in their military for deaths
related to their work to protect Afghanistan, and, may I say, the bad
guys have paid a price. Nearly 28,000 militants were killed, injured,
and arrested due to these operations. It is better that the Pakistanis
are doing it than the United States military.
I yield back the balance of my time.
Mr. POE of Texas. Mr. Chairman, how much time do I have remaining?
The Acting CHAIR. The gentleman from Texas has 2 minutes remaining.
Mr. POE of Texas. Mr. Chairman, I thank the chairman for his
comments.
Pakistan is playing everybody. They take our money, it goes through
ISI, and it ends up in the hands of the Taliban and Afghanistan that is
killing Americans.
And, yes, they file reimbursements about us giving them money. They
file reimbursements about the money that is being used. They file it
with the Pentagon, and the Pentagon says that 50 percent of the
reimbursement requests that they make are fraudulent. They lie and they
cheat to get that American money. So Pakistan is playing everybody.
Nuclear weapons? Yes, they have got them. Now we hear reports that
they may be working with the North Koreans and supplying them nuclear
capability. I don't know if that is true or not.
The Pakistanis cannot be trusted. They are getting money from
whomever they can. They do what is in the best interests of the current
government. The military may not even be working with the government.
We don't need to pay them any more money. Give them the same amount
that they got last year and save the American taxpayers $200 million.
Once again, we don't need to pay Pakistan to betray us, Mr. Chairman;
they will do it for free.
And that is just the way it is.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Texas (Mr. Poe).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. POE of Texas. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Texas will
be postponed.

[[Page H3883]]

Amendment No. 20 Offered by Mr. Duncan of Tennessee

The Acting CHAIR. It is now in order to consider amendment No. 20
printed in House Report 114-623.
Mr. DUNCAN of Tennessee. Mr. Chairman, I have an amendment at the
desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 132, line 24, after the dollar amount, insert
``(reduced by $448,715,000)''.
Page 170, line 7, after the dollar amount, insert
``(increased by $448,715,000)''.

The Acting CHAIR. Pursuant to House Resolution 783, the gentleman
from Tennessee (Mr. Duncan) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Tennessee.
Mr. DUNCAN of Tennessee. Mr. Chairman, I yield myself such time as I
may consume.
Mr. Chairman, I have tremendous respect for Chairman Frelinghuysen
and Ranking Member Visclosky. I know that they have had a very
difficult job in trying to resolve all the competing interests in this
bill. They are two of our finest Members.
My amendment is being offered primarily because of my very great
concern for our astounding national debt, now over $19 trillion, and a
debt that is going up much higher in the years ahead. Also, I just do
not believe in forever, permanent wars, and we have now been involved
militarily in Afghanistan for over 15 years, with no end in sight.
The words we see most often about the American public's view of the
war in Afghanistan are ``war weary.'' The American people want us to
stop spending so much money in Afghanistan and start making things more
secure here at home.
Afghanistan is classified as one of the least developed countries in
the world. With a population of 30 million, their GDP is approximately
$20 billion in American dollars. Even with my amendment, which would be
a 13 percent cut, we would still be spending $3 billion there in the
next fiscal year. My amendment would save $448 million and place it in
the deficit reduction account.
The OCO account has been referred to as a slush fund for the Defense
Department and as a budgetary gimmick. Just yesterday on this floor,
the ranking members of the full committee and the subcommittee both
criticized this way of funding some of our overseas operations.
The NDAA bill funded the OCO only to the level of $35.7 billion
instead of the $58.6 billion in this bill, and there has already been
acknowledgement that there probably will be a supplemental
appropriations bill to be passed before May 1.
Afghanistan was referred to by the disgraced General Petraeus, who is
still respected by many, and many others as the ``graveyard of
empires.'' It is ruled by tribes and village warlords, and the threats
from radical Islamic terrorists to the U.S. are much greater for almost
every other country, and even here at home.
The average income there is about $667 a year. With the $3.5 billion
in this bill for Afghanistan, we could put almost every leader there on
the U.S. payroll and give them big raises.
My amendment has been endorsed by the fiscally conservative Taxpayers
for Common Sense.
I commend the subcommittee leadership for already having a small cut
in this bill for Afghan funding from $3.65 billion to $3.45 billion.
This seems to me to be at least a partial admission that most on the
committee agree with me. I believe that they have not gone far enough.
In fact, I would have liked to have gone much further with my
amendment. I simply believe that we should stop throwing money down
this very wasteful black hole and start putting our own people and our
own country and our own needs first once again.
In recognition that the subcommittee is at least headed in the right
direction with this small cut and in hopes that additional cuts could
be made at conference, or at least in next year's bill, I appreciate
being given the opportunity to at least express my very strongly held
views on this situation in Afghanistan.
I ask unanimous consent to withdraw the amendment.
The Acting CHAIR. Is there objection to the request of the gentleman
from Tennessee?
There was no objection.
The Acting CHAIR. The amendment is withdrawn.

Amendment No. 21 Offered by Mr. Sanford

The Acting CHAIR. It is now in order to consider amendment No. 21
printed in House Report 114-623.
Mr. SANFORD. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

At the end of the bill (before the short title), insert the
following:
Sec. 10003. None of the funds made available by this Act
may be used in contravention of section 418 of title 37,
United States Code, as such section was in effect on June 9,
2016, with respect to athletic shoes.

The Acting CHAIR. Pursuant to House Resolution 783, the gentleman
from South Carolina (Mr. Sanford) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentleman from South Carolina.
Mr. SANFORD. Mr. Chairman, this amendment, in simplest form, would
block section 808, the so-called New Balance provision, by defunding
it.
I want to say before I get into the content, I want to compliment
Bruce Poliquin, Bill Huizenga, and Martha McSally. We just had a
fascinating conversation in the Cloakroom just a few moments ago. I
think that, if their constituents and the American public at large
could see the degree of thoughtfulness, their forthright approach, and
the intellectual weight behind the things we just discussed in trying
to find some kind of a solution here, they would be most impressed.
It is with reservation that I offer this amendment, based on respect
for each one of them, but I do so based on some concerns that I have in
looking at the base language's approach and what it would mean for the
average recruit out there.
I offer this amendment based on, one, a concern for the troops. Right
now, if you look at ballpark, the average new recruit, not all, but
many of them have about 13 different choices in terms of shoe size.
Fundamentally, this would bring it down to one, hopefully two, as
Saucony came on line, and maybe two or three models of those different
shoes in time, but it would begin to limit choices.
I think that, for the average recruit out there, when there are very,
very few choices, there is a wisdom to having more choices based on the
notion of one size never fitting all. There have been any number of
different Army and other military studies that have shown a correlation
between injury and fewer choices.
Secondly, I would say that this amendment is in the interest of the
taxpayer. We now spend about $100 million a year in the recruit cycles
on musculoskeletal injuries, 80 percent of which are tied to the lower
extremities; disproportionately, those are tied to training injuries
in, again, the new recruit cycle. Again, there is a degree of
correlation between injury and fewer choices. I think that this
amendment gets at that.
Finally, I think this is about process. The military has allowed cash
allowances for some time because they have recognized, again, the need
for personal choices and personal matters. For instance, for women's
undergarments, people are allowed a personal choice in picking the
woman undergarments that work for them.
Yet there is nothing more personal, at the end of the day, for a new
recruit than their shoes. I think that, from a standpoint of process,
preserving this notion of military cash allowances is important. I
think it is for that reason that this amendment is supported by the
Association of the United States Army, the White House, the DOD, a
variety of different conservative groups, and more.
But before we get into that, so that we might have a little bit
further debate on this issue, I reserve the balance of my time.
Ms. TSONGAS. Mr. Chairman, I rise in opposition to the amendment.
The Acting CHAIR. The gentlewoman from Massachusetts is recognized
for 5 minutes.

[[Page H3884]]

Ms. TSONGAS. Mr. Chairman, this amendment would undermine a provision
included in both the House- and Senate-passed NDAAs that is aimed at
ensuring that the Department of Defense adheres to the law, a law that
DOD indicated that it would follow once a 100 percent American-made
shoe was available that met its cost and durability standards.
Well, today the domestic shoe industry has rebounded--employing
thousands of workers throughout the country--and several versions of a
completely American-made shoe are now available to the Defense
Department, but they have yet to provide those shoes to new recruits.
After testing and approving two 100 percent American-made athletic
shoes last year, Defense Department officials underscored their
quality, writing that one of those shoes ``scored higher overall than
any other neutral/cushioned running shoe we have tested thus far.''
This is quite an endorsement, since the Defense Department has been
testing sneakers for more than 20 years. Even so, should recruits
require something more specific, they can receive a waiver.
And Stars and Stripes reported last week that, when the Navy switched
to Made in America shoes in 2004, ``stress fractures had been reduced
by 69.7 percent.''
We should ensure that all recruits have the best quality shoes to
choose from always--and the best is American made.
As for cost, industry has committed to providing new recruits with
running shoes that cost $15 per pair less than the cash allowance
currently provided to new recruits. And to be clear, any U.S. footwear
manufacturer that makes 100 percent American-made shoes is eligible for
this contract.
The provision in the House- and Senate-passed NDAA supports American
workers, provides a better value for American taxpayers, and supports
American servicemembers by supplying them with the highest quality
athletic shoes available.
I strongly oppose this amendment.
I reserve the balance of my time.
Mr. SANFORD. Mr. Chairman, I continue to reserve the balance of my
time.
Ms. TSONGAS. Mr. Chairman, I yield 1 minute to the gentleman from
Maine (Mr. Poliquin), with whom I have worked so closely.

{time} 1700

Mr. POLIQUIN. Mr. Chair, the Berry amendment has been the law of the
land in the United States for 75 years. Very simply, it requires the
Pentagon to issue American-made gear and equipment to men and women in
uniform for basic training. This is very important because it promotes
good-paying, U.S. manufacturing jobs and national security by assuring
an American supply chain for that equipment. Today, the Berry amendment
supports 600,000 U.S. manufacturing jobs--from T-shirts to combat boots
to parachutes.
I represent 900 of the most skilled, hardworking athletic shoemakers
in the world. They are proud and they are honored to manufacture the
highest quality athletic shoes for our troops.
Mr. Chair, a vote for the Sanford amendment is a vote for
manufacturing jobs in Asia. I ask everyone to please vote ``no'' on the
Sanford amendment. Vote ``no'' on the Sanford amendment in order to
support U.S. manufacturing jobs, to save taxpayer dollars, and to
reduce injuries by providing the highest quality, 100 percent American-
made athletic shoes made for U.S. recruits.
Mr. SANFORD. Mr. Chair, I reserve the balance of my time.
Ms. TSONGAS. Mr. Chair, I yield 1 minute to the distinguished
gentleman from Michigan (Mr. Huizenga).
Mr. HUIZENGA of Michigan. Mr. Chair, I rise in strong opposition to
the Sanford amendment.
This proposed amendment runs counter to a 2014 DOD policy change that
allows our military recruits to have athletic shoes that are
manufactured right here in the United States.
My friend from South Carolina is misguided in his understanding of
this policy, I believe. There are multiple American companies that are
competing to supply our men and women in uniform. As this Member has
fought against earmarks, this is not an earmark. In fact, in Michigan,
Bates currently produces Berry-compliant combat boots and dress shoes
for our warfighters, and it is ready to do the same for military
recruits with its all-American name Saucony athletic shoe right here.
It wants to compete.
In reality, the Sanford amendment, ironically, works against our men
and women in uniform to have access to the best equipment available. I
urge my colleagues to oppose the Sanford amendment and to make sure
that our recruits have the gear that they need and deserve, both with
Saucony and New Balance, and the choices that those would offer.
Mr. SANFORD. Mr. Chair, I would just make two points in this
conversation.
One, this debate before us is, really, about this notion of
individual choice. I think that liberty is the hallmark of the American
experiment, and I think, wherever possible, we need to preserve it. So
this is not about taking away American jobs. It is about saying that I
believe that American companies, based on the products that they
produce, can compete on the world stage, and we don't need a mandate to
ensure that they do. It is not about taking away New Balance as a
choice. It is just saying: Can it be among a range of different
competitive choices out there for the new recruit?
Secondly, I would make this point that, actually, if you look at the
New Balance shoes, two of the three options were offered. Stability and
cushioning, they approved, but the DOD has still not signed off on
motion control. So, actually, only two of the three choices are
available. I would add that.
Mr. Chair, I reserve the balance of my time.
Ms. TSONGAS. Mr. Chair, I yield 1 minute to the distinguished
gentlewoman from Arizona (Ms. McSally).
Ms. McSALLY. Mr. Chair, I rise in strong opposition to this
amendment.
As a runner for 36 years and as someone who served in the military
for 26 years in leading and in supervising recruits and individuals and
in coaching a lot of people to run marathons and multiple running
events, I know a lot about this issue. I couldn't agree with the
gentleman from South Carolina more. They need to have choice in order
to make sure that they are set up for success as the types of runners
that they are.
Right now, our recruits are getting injured because they are handed
cash, and they are told to go over to the BX and buy some shoes. Most
of them have no idea: Am I a pronator? Am I a supinator? Do I have a
high arch or a medium arch? Do I need a motion-control or a stability
or a cushion shoe? They buy shoes based on price and put the rest in
their pockets, or it is based on which ones they like, on which ones
they think look good. Also, individuals at the BX are not trained to be
able to put them in the right shoes to set them up for success. Right
now, they are being injured; their dreams are being broken; and they
are unable to contribute, due to shinsplints, stress fractures, and
other things, because they are not set up for success.
If we comply with this amendment, which we vigorously discussed in
HASC and passed unanimously by a voice vote, they would have the
opportunity for the Pentagon to measure them, their gait, and then
provide them with shoes that are appropriate for them. There are
multiple choices in motion control, stability, or cushioning, whichever
applies to them. This is about readiness and avoiding injury. We need
our troops to start off on the right foot and with the right footwear.
I strongly oppose this amendment.
The Acting CHAIR. The time of the gentlewoman from Massachusetts has
expired.
Mr. SANFORD. Mr. Chair, I would say a couple of different things.
One, if you look at section 418 within the NDAA, cash allowances are
absolutely Berry-compliant. It is something that we have done for a
long number of years. That notion of preserving a choice has been
something that has been consistently offered through all armed
services.
Two, people care about things that they can control, and I would
argue that the average new recruit out there is going to be that much
more vested in a decision that they have control over versus one that
they don't.
Finally, I think there are whole hosts of people who care deeply
about our

[[Page H3885]]

Armed Forces and our readiness--people like John McCain and Joni Ernst,
who spent I think 20 or 30 years of her time in the military and who is
now in the U.S. Senate--and who are against, again, this particular
provision and who have been working on language over on the Senate
side. I think it is why the White House opposes and the DOD opposes,
and why a range of different conservative taxpayer groups opposes. It
is not because they don't care about the DOD. It is because they
believe, from the standpoint of the recruit and training, it is better
for the recruit, and from the standpoint of taxpayer compliance and in
watching out for the taxpayer, it is better.
Again, I have heard very loudly and clearly what my colleagues have
said on this. I admire the way in which they have advocated, but I,
respectfully, take a different viewpoint on this one.
Mr. Chair, I yield back the balance of my time.
Mr. VISCLOSKY. Mr. Chair, I move to strike the last word.
The Acting CHAIR. The gentleman from Indiana is recognized for 5
minutes.
Mr. VISCLOSKY. Mr. Chair, I yield to the gentlewoman from
Massachusetts (Ms. Tsongas).
Ms. TSONGAS. I thank the gentleman.
Mr. Chair, first of all, I would just like to set the record
straight. Cash allowances are a circumvention of the Berry amendment.
They are not Berry-compliant.
Then just to address a couple of the issues that have been raised,
first of all, as we have heard, requiring the Defense Department to
abide by the Berry amendment would not advantage only one company, and
it would not limit the varieties of shoes that are offered to new
recruits. As we have heard, multiple companies that employ thousands of
Americans have expressed their interest in manufacturing athletic shoes
and would provide new recruits with the highest quality of brands to
choose from.
Beyond the fact that there are multiple companies, they also would
provide multiple models, as we have heard--the stability, the
cushioning, the motion control. All of these would have to pass
rigorous testing. As we have heard, one of those shoes has already
scored higher than any other shoe that has been tested over the course
of 20 years. As Stars and Stripes reported again--just to reiterate
from last year--when the Navy switched to Made in America shoes in
2004, stress fractures had been reduced by 69.7 percent.
I believe we should close this loophole to make sure that all
recruits have the best quality shoes to choose from, and the best is
American-made.
I urge my colleagues to oppose this amendment.
Mr. VISCLOSKY. Mr. Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from South Carolina (Mr. Sanford).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. SANFORD. Mr. Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from South
Carolina will be postponed.

Amendment No. 22 Offered by Mr. Buck

The Acting CHAIR. It is now in order to consider amendment No. 22
printed in House Report 114-623.
Mr. BUCK. Mr. Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of the bill (before the short title) insert the
following:
Sec. __. None of the funds appropriated or otherwise made
available in this Act may be used to implement Department of
Defense Directive 4715.21 on Climate Change Adaptation and
Resilience.

The Acting CHAIR. Pursuant to House Resolution 783, the gentleman
from Colorado (Mr. Buck) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Colorado.
Mr. BUCK. Mr. Chair, this amendment to the Department of Defense
Appropriations Act prohibits funds from being used to implement the
President's climate change agenda at the cost of our national defense.
Directive 4715.21 on Climate Change Adaptation and Resilience would
force our military to incorporate climate change in everything they
do--from combat operations to preparedness to training. Climate change
would become one of our Nation's greatest enemies. When our Nation is
under attack, generals in the war room and officers in the field need
to be focused on winning the battle, not on limiting their carbon
footprint.
Our national security has already been impacted by the thinking
behind this directive. Former Acting Director of the CIA, Michael
Morell, admitted recently that the U.S. declined attacking ISIS' oil
wells in part for fear of the environmental impact, yet these oil wells
provide funding for ISIS and allow the terrorist organization to
recruit individuals in the United States for its evil mission.
With ISIS and its ideology attacking our homeland, now is the time to
focus on our imminent defense requirements because climate change is
not an enemy of the United States. ISIS, with its anti-American
ideology, is our enemy. China and Russia are our enemies. North Korea
and Iran are our enemies.
The lives of American citizens, the lives of our soldiers, and the
lives of innocent people around the world depend on the strength and
resolve of the U.S. military. When we distract our military with a
climate change agenda, we detract from its ultimate purpose.
I urge my colleagues to support this commonsense amendment.
Mr. Chair, I yield back the balance of my time.
Mr. VISCLOSKY. Mr. Chair, I claim the time in opposition to the
gentleman's amendment.
The Acting CHAIR. The gentleman from Indiana is recognized for 5
minutes.
Mr. VISCLOSKY. Mr. Chair, I don't know how much more scientific
evidence we are going to need before we understand the reality that
there is a change in our climate and that we are going to have to
accommodate that change. Today, I am not talking about coal or carbon.
I am talking about accommodating the change that is taking place today
on the planet Earth.
We have one individual who is running for President of the United
States who claims that this is hogwash and let's bury our heads in the
sand. Nevertheless, one of the properties he owns has asked for money
to build barriers that are justified because of climate change.
In setting aside the raw politics of this position, I would also
point out that we have had the Chief of the Pacific Command, Admiral
Locklear, come in. I wouldn't suggest his being an ideologue in any way
shape or form but someone who was charged with the command of the
Pacific Fleet, which we had a conversation about earlier today, and
greatly concerned about the adverse consequences these changes have on
the United States Navy.
We have had a hearing with the Director of National Intelligence, who
is charged with the supervision of the 17 intelligence agencies of the
United States of America. He testified that extreme weather, climate
change, and environmental degradation exacerbate and spark political
instability and humanitarian crises.
It is imperative that we do not hamstring our military, which is
defending our interests in a changing global environment, by adopting
this gentleman's amendment. I strongly oppose it.
Mr. Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Colorado (Mr. Buck).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. VISCLOSKY. Mr. Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Colorado
will be postponed.

Amendment No. 23 Offered by Mr. Buck

The Acting CHAIR. It is now in order to consider amendment No. 23
printed in House Report 114-623.
Mr. BUCK. Mr. Chair, I have an amendment at the desk.

[[Page H3886]]

The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

At the end of the bill (before the short title), insert the
following:
Sec. __. None of the funds made available by this Act may
be used to designate or expand a heritage asset under
division A of subtitle III of title 54, United States Code
(commonly referred to as the ``National Historic Preservation
Act''), in any of Baca, Bent, Crowley, Huerfano, Kiowa, Las
Animas, Otero, Prowers, and Pueblo counties, Colorado.

{time} 1715

The people who work on the land there take good care of it. They are
true stewards who know that overuse and mistreatment will hurt next
year's harvest or the next generation of livestock. After all, that
land is their heritage.
These property owners now face an attempt by the Federal Government
to impose a forced conservation agreement on their property without
compensating them. This scheme is simply a backdoor method for the
government to impose Federal control over private property.
Our democracy depends on private property rights because these rights
are a key part of a free and prosperous society. We must protect the
freedom, prosperity, and heritage of southeast Colorado from
overreaching government.
I urge my colleagues to support this commonsense amendment.
I reserve the balance of my time.
Mr. VISCLOSKY. Mr. Chair, I claim the time in opposition to the
gentleman's amendment.
The Acting CHAIR. The gentleman from Indiana is recognized for 5
minutes.
Mr. VISCLOSKY. Mr. Chairman, I do appreciate the gentleman from
Colorado's concern for his constituency and his State. We had a markup
of another bill earlier today in the Appropriations Committee, and I
was very vocal on behalf of the constituents I serve, so I certainly do
appreciate that, but I respectfully oppose his amendment.
The previous amendment offered literally dealt with our entire globe.
Now we have shrunk our concern to several counties in the State of
Colorado. I appreciate--because his amendment is covered under the
rules--his impulse to attach it to an appropriation bill, because, for
better or for worse, the work product of this great committee is about
the only one that is going to see the light of day between now and
December.
Having said that, I do think it is premature. It is a matter of
authorization and does not belong in the bill. And, therefore, I am
opposed to it.
I reserve the balance of my time.
Mr. BUCK. Mr. Chair, I yield back the balance of my time.
Mr. VISCLOSKY. I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Colorado (Mr. Buck).
The amendment was agreed to.

Amendment No. 24 Offered by Mr. Byrne

The Acting CHAIR. It is now in order to consider amendment No. 24
printed in House Report 114-623.
Mr. BYRNE. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

At the end of the bill (before the short title), add the
following new section:
Sec. __. None of the funds made available by this Act may
be used to modify a military installation in the United
States, including construction or modification of a facility
on a military installation, to provide temporary housing for
unaccompanied alien children.

The Acting CHAIR. Pursuant to House Resolution 783, the gentleman
from Alabama (Mr. Byrne) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Alabama.
Mr. BYRNE. Mr. Chairman, I want to start by thanking both the
chairman of the subcommittee and the ranking member for the fine work
they have done in this underlying bill. I have been with them on a
couple of occasions, and we owe them a great debt of gratitude. The
bipartisanship showed in this is a great reflection on our institution.
I regret that I have to offer this amendment, but something has come
up since the committee had its meeting that I could not foresee.
My amendment will address a serious issue relating to unaccompanied
alien children being housed at the Department of Defense facilities
across the United States.
The Department of Health and Human Services has recently made
agreements with various defense facilities across the U.S. about
housing unaccompanied minors who are caught crossing the southern
border. The large number of migrants from Central and South America
crossing our southern border is a serious humanitarian crisis, and I
understand the need to responsibly handle this situation with
compassion.
That said, it simply makes no sense for these individuals to be held
at military installations. These facilities often pose serious safety
issues for children. Some of the children could be placed near live
artillery ranges around active military airfields.
I represent a district in coastal Alabama, and my office recently
learned that the Department of Health and Human Services was evaluating
housing illegal immigrants at Navy outlying airfields right near the
Gulf of Mexico. Mr. Chairman, these are airfields where they do touch-
and-goes, where you have pilots that are being trained trying to learn
how to do it right. Last time I checked, we try to keep children away
from airfields, not put them close to them.
Even worse, these facilities lack basic infrastructure needs. There
is no sewage, and as far as I know, there is no potable water. And
there are no shelters there or buildings that could be turned into
shelters. This means temporary housing would be set up at a Navy
airfield on the Gulf Coast in the middle of hurricane season in a low-
lying wet area that is prone to many mosquitos in a place we know is a
major threat for Zika. The idea just defies logic.
There are other horror stories of housing these migrants and how it
has impacted our military. For example, at Fort Hood in Texas, units
have been unable to train on ranges. This has a direct and negative
impact on military readiness. At a time when we face so many challenges
around the globe, it just makes no sense to alter the intended use of
our military facilities to serve a completely different purpose.
My amendment would simply prohibit the Department of Defense from
using any funds to alter existing facilities or construct new ones for
the purpose of providing temporary housing for unaccompanied alien
children. There are other nondefense facilities near the border that
are available. They do not have to use military facilities.
I ask my colleagues to support my amendment as we work to ensure that
defense funds are not spent on issues outside the mission of the
Department of Defense.
I reserve the balance of my time.
Mr. VISCLOSKY. Mr. Chair, I claim the time in opposition.
The Acting CHAIR. The gentleman from Indiana is recognized for 5
minutes.
Mr. VISCLOSKY. Mr. Chair, there is no question, I think, from anyone
in this Chamber that the Members of the United States military and the
Department of Defense are the finest human beings on planet Earth.
Their primary charge is to keep our country safe and secure.
But I also think that we take great pride when they go above and
beyond

[[Page H3887]]

that particular charge that we have given them under the Constitution.
And when there is a disaster in the country of Haiti, who do people
call on for help but members of the Department of Defense and the
United States military.
When there is flooding in Bangladesh, who is called upon? Members of
the United States Armed Forces to help in a humanitarian crisis. When
you have problems and earthquakes in Japan, who do they reach out to?
Members of the United States military for humanitarian assistance. We
have concerns in Pakistan and tragedies; who reaches out to members in
the Armed Forces of the United States for humanitarian assistance but
the Government of Pakistan. You have a typhoon in the Philippines, and
who is called into action, not militarily, but from a humanitarian and
relief standpoint? Members of the United States military repeatedly
because we are a humane Nation.
What we are talking about with this gentleman's amendment that I
strongly oppose is temporarily housing unaccompanied minor children who
find themselves in a tragic circumstance in the United States of
America. The Department of Health and Human Services Office of Refugee
Resettlement is required by law to provide shelter, care, and
placement. Because the number of unaccompanied children has spiked in
recent years, it is difficult for HHS to find temporary housing for all
of them.
As long as there is no impact on DOD military activities, the
Department should be allowed to identify facilities in the United
States to provide the same type of humanitarian assistance to minor
children that we do in the Philippines, Pakistan, Japan, Bangladesh,
and Haiti.
I live in a humane country that reaches out to help people who can't
help themselves, and I think we should allow the United States military
to do that in the United States of America when it does not impact
their military operations.
I reserve the balance of my time.
Mr. BYRNE. Mr. Chairman, I completely agree with the ranking member
that we take great pride in opportunities for our military around the
world to do things of a humanitarian nature. That is one of the
hallmarks of the United States.

I am thinking more in this circumstance, however, about the needs of
these children. I would not put my children out where they are talking
about putting these children in my district. I daresay none of us would
want our children to be in these places. It is simply not safe for
them. With this Zika threat that is out there, we can't say that they
are not going to be exposed to mosquitos that we know are vectors for
this disease.
Unfortunately, where I live, this time of year, we have tropical
storms, and we have hurricanes. Those children can't stay there in
temporary housing. This is simply not the right place to put them.
There are other facilities that the Federal Government owns that are
military facilities that are appropriate, that are closer to the
border. And HHS is simply refusing to do its job by putting them in
those places and burdening the Department of Defense facilities by
putting them in those places, and they are not the right places for
these children.
I understand the gentleman's remarks. I agree with virtually
everything that he said, but I think, in this particular circumstance,
this amendment is in order.
I reserve the balance of my time.
Mr. VISCLOSKY. Mr. Chair, I reiterate my opposition to the
gentleman's amendment.
I yield back the balance of my time.
Mr. BYRNE. Mr. Chair, I thank the gentleman, and I thank the House
for listening to me. I ask for a positive vote.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Alabama (Mr. Byrne).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. VISCLOSKY. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Alabama will
be postponed.

Amendment No. 25 Offered by Mr. King of Iowa

The Acting CHAIR. It is now in order to consider amendment No. 25
printed in House Report 114-623.
Mr. KING of Iowa. Mr. Chairman, I have an amendment at the desk made
in order by the rule.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

At the end of the bill (before the short title), insert the
following:
Sec. __. None of the funds made available by this Act may
be used to carry out or in response to the memorandum of the
Deputy Assistant Secretary of Defense for Homeland Defense
Integration and Defense Support of Civil Authorities titled
``Memorandum for Secretaries of the Military Departments
Director, Joint Staff'' and dated November 25, 2015.

The Acting CHAIR. Pursuant to House Resolution 783, the gentleman
from Iowa (Mr. King) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Iowa.
Mr. KING of Iowa. Mr. Chairman, my amendment is a bit different than
the gentleman from Alabama's previous amendment in that I drafted this
amendment to block the use of any funds within this appropriations bill
from being used by our military to house illegal aliens or
unaccompanied alien children.
So my amendment is a bit more specific, and I think it is on target
in that it says that:
``None of the funds made available by this Act may be used to carry
out or in response to the memorandum of the Deputy Assistant Secretary
of Defense. . . . titled `Memorandum for Secretaries of the Military
Departments Director, Joint Staff' and dated November 25, 2015.''
The summary of that is that this memorandum, which I have in my hand,
dated November 25, is from the Department of Homeland Security to the
military that says identify the inventory that you could allow to be
used to house unaccompanied alien children, and then they want to enter
into private agreements for each facility.
So this amendment that I have, as drafted, really says this: No
military bases or buildings will be used to house the unaccompanied
alien children, period. So that covers, I think, the topic that is in
Mr. Byrne's amendment, and it covers the broader topic, which is our
military should not be used to inappropriately house and be part of the
welcome party that the President has set up that is encouraging people
to come into the United States illegally.
I reserve the balance of my time.
Mr. VISCLOSKY. Mr. Chairman, I claim the time in opposition to the
gentleman's amendment.
The Acting CHAIR. The gentleman from Indiana is recognized for 5
minutes.
Mr. VISCLOSKY. Mr. Chairman, the gentleman indicated that his
amendment differs from the previous one just offered and debated. I
would suggest it is a difference without a distinction.
I would suggest that the solution to the concern that the gentleman
has is, if we did not starve and cut and slash and pillage and burn the
budget of Health and Human Services every year, maybe they would have
the financial resources to house these minor children. We are in a
position where the bill that is being debated on the floor has about
one-half of all discretionary domestic spending in this country.
Obviously, that is where the gentleman has gone.
But the fact is if he, in fact, believes that it is Health and Human
Services that ought to be addressing a greater amount of the shelter
needs, if they had the adequate resources, perhaps they could reach out
and do it.
In the meantime, again, I continue to live in a humane nation that
provides humanitarian relief worldwide. I think we can do the same in
the United States for minor unaccompanied children.
I reserve the balance of my time.
Mr. KING of Iowa. Mr. Chairman, I would point out the distinction
that the ranking member defines as without a difference, without a
distinction.
There is a difference, and the distinction is that the previous
amendment said no new construction and no renovation on existing bases.
My amendment says no funds can be used to even negotiate any provisions
nor do new

[[Page H3888]]

construction or renovation. None of the resources can be used.

{time} 1730

Mine actually blocks the President's policy as opposed to catching up
on the other end of it. But the important point of it is this. We have
a President, an administrative policy that has defied the rule of law.
He has even refused to enforce the laws that he has signed, and then
put the welcome mat down in, especially, Central America.
We have reports of planes lifting off from places like Guatemala City
flying unaccompanied alien children into the United States, and then
they claim the Department of Homeland Security has a legal obligation
to care for them and house them--well, not for everybody on the planet
that the President has sympathy for, Mr. Chairman.
So what we are trying to bring forth here is a greater respect for
the rule of law--the President, I believe, has gone outside the law
with this memorandum--a greater respect for the rule of law and moving
towards a fiscal responsibility that may require a sense of austerity.
We don't have either one with this administration.
This amendment does also preserve the Article I authority of the
United States Congress, which has been eroded significantly over the
last 7\1/2\ years.
Mr. Chairman, I reserve the balance of my time.
Mr. VISCLOSKY. I would simply reiterate my opposition to the
gentleman's amendment.
Mr. Chairman, I yield back the balance of my time.
Mr. KING of Iowa. Mr. Chairman, I would say again, addressing you,
and with the attention of the body, that this is one of the pieces that
the President has used to go outside the bounds of his authority and
inside the bounds of our constitutional authority.
I have made it a point to come to this floor time after time and
protect our Article I authority that is vested in us and to be able to
make sure that we keep all of this in front of us. The House has never
failed to send a message to the President of the United States that we
will defend our constitutional authority, at least with regard to
immigration. This amendment does that. I urge its adoption.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Iowa (Mr. King).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. KING of Iowa. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Iowa will be
postponed.

Amendment No. 26 Offered by Mr. Gosar

The Acting CHAIR. It is now in order to consider amendment No. 26
printed in House Report 114-623.
Mr. GOSAR. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

At the end of the bill (before the short title), add the
following new section:
Sec. __. None of the funds made available by this Act may
be used to extend the expiration date of, or to reissue with
a new date of expiration, the memorandum titled ``Military
Accessions Vital to the National Interest Program Changes''
and dated September 25, 2014.

The Acting CHAIR. Pursuant to House Resolution 783, the gentleman
from Arizona (Mr. Gosar) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Arizona.
Mr. GOSAR. Mr. Chairman, in September of 2014, on the same day
Attorney General Eric Holder resigned, the Obama administration took
executive action and issued a memo that allowed DACA aliens to begin
enlisting in the military. Specifically, President Obama's
administration unilaterally expanded eligibility in the Military
Accessions Vital to the National Interest, or MAVNI, program to include
DACA aliens through a September 25, 2014 memo. Prior to this memo, the
executive branch never attempted to enlist DACA aliens through MAVNI.
Further, military enlistment rules explicitly prohibit illegal aliens
from enlisting in the Armed Forces. MAVNI is a military program
intended for lawful immigrants and lawful nonimmigrants. The Department
of Homeland Security's Web site states that DACA aliens lack lawful
status and are subject to all legal restrictions and prohibitions on
individuals in unlawful status.
The Gosar amendment would not end the MAVNI program, as open border
advocates have falsely claimed. I support the intent of MAVNI. As
NumbersUSA accurately states, the Gosar amendment would return the
MAVNI program to its original intent by defunding any extension of the
memorandum responsible for expanding MAVNI to include DACA
beneficiaries.
When I offered a similar amendment less than a month ago, DOD
reported that only five DACA aliens had enlisted in the Armed Forces.
Yesterday, DOD confirmed to my office that 141 total DACA aliens had
enlisted in the military through April 30, 2016, as a result of Obama's
backdoor amnesty program.
As noted by the nonpartisan Congressional Research Service, CRS, the
MAVNI program allows citizenship to be granted to any enlistee who
serves at least 1 day of wartime service. MAVNI was never intended to
be utilized for the benefit of illegal aliens. Testimony from DOD
states that MAVNI was created to recruit legal noncitizens with
critical foreign language and cultural skills.
Retired Lieutenant Colonel Margaret Stock, who created and
implemented the MAVNI program, previously stated, as quoted in a
Politico story: ``It's a major bureaucratic screw-up by the Obama
administration . . . The MAVNI program is not designed for DACA at all
. . . It was rather alarming to see DACAs being put into MAVNI. Someone
didn't know what they were doing.''
An Army Times story also quoted Stock as stating: ``It was set up for
people who are legally in the country, and had been legal their whole
history . . . They have to go back and redo all the security
screenings, train recruiters all over again . . . it's one of these
things where people want magic to happen, and bureaucracy doesn't work
that way.''
These comments are even more noteworthy, as Stock is a huge amnesty
supporter and testified in support of provisions in an earlier version
of the DREAM Act.
Article 1, section 8 of the Constitution gives Congress clear
jurisdiction on immigration matters. Congress has consistently rejected
and failed to act on policies that aim to allow illegal aliens to serve
in the military. In fact, the House has rejected DACA three times.
Furthermore, MAVNI, a pilot program, created by executive order, has
never been authorized by Congress.
The amendment is supported by Americans for Limited Government; Eagle
Forum; the Federation for American Immigration Reform, FAIR; Heritage
Action; and NumbersUSA. In fact, it is being key scored by NumbersUSA
and Heritage Action.
Mr. Chairman, I yield 1 minute to the gentleman from Texas (Mr.
Sessions), the chairman of the Committee on Rules.
Mr. SESSIONS. Mr. Chairman, I thank Mr. Gosar not only for his work,
but also for working with the Committee on Rules diligently to have
this made in order.
I am very supportive of this amendment to ensure the administration
cannot implement what I consider to be an unconstitutional memo
expanding the Military Accessions Vital to the National Interest
program, I think in clear violation of congressional intent--as a
matter of fact, working around Congress.
We must ensure that congressional intent is always protected and
executed in accordance with the will of the people and rule of law. The
purpose of this program is too important to be exploited for those who
I believe have used it for a political agenda. Immigration policy must
and should be debated in the Halls of Congress, not written in an
agency behind closed doors.
I am very pleased with the gentleman from Arizona, and I thank him
for his amendment and for working with the Committee on Rules to have
this made in order today.
Mr. GOSAR. Mr. Chairman, I reserve the balance of my time.

[[Page H3889]]

Mr. GALLEGO. Mr. Chairman, I claim the time in opposition.
The Acting CHAIR. The gentleman from Arizona (Mr. Gallego) is
recognized for 5 minutes.
Mr. GALLEGO. Mr. Chairman, I also strongly oppose the amendment
offered by my friend, Mr. Gosar. Mr. Gosar is an outstanding Member of
this body and a great advocate for the great State of Arizona, but
unfortunately we don't see eye to eye on this amendment.
Mr. Chairman, immigrant service in uniform shouldn't be a
controversial issue. The Secretary of Defense has the statutory
authority to allow any immigrant to enlist if it is in our national
interest, including DACA recipients who want to fight for our country.
Simply put, we shouldn't let political posturing stand in the way of
our military's recruitment goals. Our Armed Forces need the best and
the brightest soldiers, marines, and airmen they can get. Countless
DREAMers and other immigrants want nothing more than to serve the
country they love and call home. I fought in Iraq, and I know that on
the battlefield what matters is your character and your commitment, not
your immigration status.
Mr. Chairman, when we vote on this amendment later this evening, I
hope we all consider the long sweep of history and not just the anti-
immigrant politics of this present time. Immigrants, including those
who came here without the right papers, have served with distinction in
both world wars. Our military was made stronger in the 1940s because
these men were allowed to enlist, and our military will be made
stronger in 2016 if we vote to give another generation of immigrants
the chance to serve.

Mr. Chairman, the willingness to fight and die in uniform is the
purest expression of our love for our country. Let's oppose this
amendment and give immigrants who love America the opportunity to try
to enlist in America's Armed Forces.
Mr. Chairman, I yield back the balance of my time.
Mr. GOSAR. Mr. Chairman, I didn't serve in the military, but I
understand my constitutional obligation, Article I, section 8 power as
well as the application of the rule of law. That is exactly what made
America great was equal application of the law.
If you don't like the law, don't go around it and bypass it with an
executive order. Understand that the full jurisdiction of this House is
to uphold Article I, section 8 powers. We never gave jurisdiction to
this, and it shouldn't go forward. I ask all of those voting on behalf
of this amendment to go forward, as well as the King amendment as well.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Arizona (Mr. Gosar).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. GALLEGO. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Arizona will
be postponed.

Amendment No. 27 Offered by Mr. King of Iowa

The Acting CHAIR. It is now in order to consider amendment No. 27
printed in House Report 114-623.
Mr. KING of Iowa. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

At the end of the bill (before the short title), add the
following new section:
Sec. __. None of the funds made available by this Act may
be used to extend the expiration date of the memorandum
titled ``Military Accessions Vital to the National Interest
Program Changes'' and dated September 25, 2014.

The Acting CHAIR. Pursuant to House Resolution 783, the gentleman
from Iowa (Mr. King) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Iowa.
Mr. KING of Iowa. Mr. Chairman, my amendment is very similar to Mr.
Gosar's. I think it is important that we continue the debate on this
particular issue.
What it says is that none of the funds made available by this act may
be used to extend the expiration date of the memorandum titled Military
Accessions Vital to the National Interest program changes. Again, it is
the President reaching outside the bounds of the law. It is the
President deciding he is a legislator instead of the executor. His job
is to take care that the laws be faithfully executed, not make them up
and go around the United States Congress.
I think there is something missing from this debate. It is an
assumption that if we have someone in the military and they happen to
be covered under DACA, that somehow they are legal. The President can't
legalize people that are unlawfully present in America by law. He just
asserts that executively, and we have to go to court then to reverse it
and get the courts to change that. But the President has relentlessly
amended immigration law by executive fiat and executive edict, and this
is another time.
Under my amendment, he has the authority to put specialized people in
place in the military if they have a special skill set. Now, one of
those skill sets is not being an interpreter from English into Spanish.
We have plenty of people who can do that. But it is for perhaps
interpreters who speak Arabic; it is people who have special skills. It
is not for the President to use this as a blanket amnesty.
By the way, people who come into this country under DACA have
violated the law. Now, whether they were old enough to be aware or not,
it is a matter of law. It doesn't matter to the law. They wave their
DACA card at me and say, ``I am now here legally.'' They are not here
legally. They just presume they are because we haven't been able to yet
block the President on this issue; but we have litigated it, and I have
been one who helped initiate the lawsuits to do that.
Now, when someone gets into the military who is Deferred Action for
Childhood Arrivals, chances are they were in the military before they
ended up with that card. But if they did, if they came into the country
illegally and the President said, ``I am not going to enforce the law
against them until such time as DACA expires,'' and then he would like
to extend it, they broke the law to come into America, then they lied
to get into the military, and then they took an oath to support and
defend the Constitution of the United States. So I would say which of
those three times were they really honorable, the last time or one or
two of the first two times? That is really what is at stake here, Mr.
Chairman. We can't be allowing the President to go outside the law.
I urge the adoption of this amendment.
Mr. Chairman, I reserve the balance of my time.
Mr. GALLEGO. Mr. Chairman, I rise to claim the time in opposition.
The Acting CHAIR. The gentleman from Arizona is recognized for 5
minutes.
Mr. GALLEGO. Mr. Chairman, immigrants have been fighting in America's
Armed Forces since the founding of the Republic. Many of them did not
come here legally, but in countless cases we still allow them to enlist
because, for most of our history, your patriotism was more important
than your papers.
The amendment offered by Congressman King is inconsistent with this
rich tradition of immigrant service.
DOD is currently allowing a small number of immigrants who possess
critical foreign language and technical skills to join the military
through a program called Military Accessions Vital to the National
Interest. The amendment before us would end this important program,
preventing immigrants from serving in uniform who have medical
expertise, linguistic skills, and cultural knowledge that could make a
difference in the battlefields of Iraq and Afghanistan. It is important
to note that the MAVNI program is fully consistent with current law.
As the chairman of the House Committee on Armed Services, Congressman
Thornberry, stated in a recent debate on this issue:

The Secretary has the authority to fill critical needs,
whatever they may be, with individuals, however they may have
gotten here.

[[Page H3890]]

It is also worth noting that, though the MAVNI program allows certain
DREAMers to serve, it also makes eligible 22 other categories of
immigrants, including a variety of visa holders who entered the country
legally.
Finally, this amendment is contrary to our national security
interests. As a proud veteran of the Iraq war, I know that the strength
of our military is defined not just by the potency of our weapons, but
the quality of our people. Our Armed Forces need the best soldiers,
sailors, marines, and airmen they can get.

{time} 1745

Mr. Chairman, we should leave the doors of our military open to our
young immigrants who love America and are willing to lay down their
lives for our country.
Please join me in voting ``no'' on this misguided, mean-spirited
amendment.
I yield back the balance of my time.
Mr. KING of Iowa. Mr. Chairman, I would point out that I disagree
with the gentleman from Arizona. There is a provision that allows the
MAVNI program to be used by the Secretary of Defense, and it has
notwithstanding language:

Notwithstanding paragraph, the Secretary concerned may
authorize the enlistment of a person if that Secretary
determines that such enlistment is vital to the national
interest.

That has long been used in the MAVNI program. It has just never been
used under another President to circumvent our immigration laws and
fast track people not just into the military, but into citizenship.
If a DACA person is able to get into the military under this MAVNI
program or any other program, they don't have to go the green card
route with a lawful permanent residence card. They can go directly on a
fast track to citizenship. It is a way of circumventing our immigration
laws. The President has been using it. And this amendment would block
at least that provision of it, so I urge its adoption.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Iowa (Mr. King).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. GALLEGO. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Iowa will be
postponed.

Amendment No. 28 Offered by Mr. Hudson

The Acting CHAIR. It is now in order to consider amendment No. 28
printed in House Report 114-623.
Mr. HUDSON. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

At the end of the bill (before the short title) insert the
following:
Sec. __. None of the funds made available in this Act may
be used to transfer any individual detained at United States
Naval Station, Guantanamo Bay, Cuba, to any other location.

The Acting CHAIR. Pursuant to House Resolution 783, the gentleman
from North Carolina (Mr. Hudson) and a Member opposed each will control
5 minutes.
The Chair recognizes the gentleman from North Carolina.
Mr. HUDSON. Mr. Chairman, I rise to urge my colleagues to support my
amendment that prohibits funds from this appropriations bill from being
used to transfer prisoners from Guantanamo Bay.
Over the weekend, we were tragically reminded of the very real threat
of radical Islam when 49 Americans were murdered in the worst terrorist
attack on our soil since 9/11. As we continue to mourn and pray for the
victims and their families, we must recommit our efforts to defeat
those who want to harm us.
We are at war with the radical Islamic extremists, yet our Commander
in Chief is so focused on closing Guantanamo Bay that he ignores the
danger posed by the terrorists detained there. The American people are
counting on us to protect them.
This is a prison that houses some of the world's most dangerous war
criminals and hardened terrorists, including some responsible for 9/11.
How can this administration guarantee that these prisoners won't
return to the battlefield?
The fact is they can't. In a gut-wrenching admission, a senior
Pentagon official told the House Foreign Affairs Committee that former
Guantanamo inmates are responsible for the deaths of our fellow
Americans overseas. According to The Washington Post, the Obama
administration admitted at least 12 detainees released from the prison
have launched attacks, killing about a half dozen Americans. This
confirms, Mr. Chairman, our worst fears.
The American people get it, and are strongly opposed to closing
Guantanamo. Our constituents continue to agree these prisoners do not
belong in our backyards and shouldn't be transferred to other countries
where there is a great risk they will be released and returned to the
battlefield.
In the last several months alone, our world has been rocked by
terrorist attacks from San Bernardino to Paris, and, most recently, in
Orlando. Many of our biggest national security threats no longer come
from traditional nations but from determined groups of extremists like
these very detainees, whose sole desire is to kill Americans. The war
on terror is an ongoing battle against evil, and we must remain
vigilant.
We must take every action necessary to block the President's plan to
close Guantanamo Bay. My amendment is another hurdle that will make
sure it never happens. I urge my colleagues to put the safety and
security of the American people first, and support this amendment.
Mr. Chairman, I reserve the balance of my time.
Mr. VISCLOSKY. Mr. Chairman, I claim the time in opposition to the
gentleman's amendment.
The Acting CHAIR. The gentleman from Indiana is recognized for 5
minutes.
Mr. VISCLOSKY. Mr. Chairman, I regret that a bill and other relevant
appropriations acts continue to see attempts to close Guantanamo by
prohibiting viable alternatives.
We are debating an appropriations bill, and the committee and this
Congress has to pay for things. I think maybe the appropriate
discussion ought to be: Who is going to pay for this?
It is estimated that we are spending $5 million annually per inmate
or 60 times the cost per inmate in a supermaximum Federal prison in the
United States of America. But in the end, having talked about cost,
this is not a cost issue. This is one question of law.
We are a Nation of laws and our military protects this country so
that we can continue to be governed by those laws. I, for one, happen
to think that the indefinite detention of a human being--any human
being--without a trial, in some instances, after more than 10 years, is
violative of those laws and our constitutional standards. It is a
fundamental principle of this Nation, and we ought to conduct ourselves
accordingly.
It is also interesting, from my perspective, that there have been a
total of over 780 detainees at Guantanamo. The previous administration
released more than 500, as far as transfers. We are all tied up in
knots because the current administration has, over a period of 7\1/2\
years, transferred 157. Certainly, I also suggest there is a double
standard.
Having said that, Mr. Chairman, I am in opposition to the gentleman's
amendment.
I reserve the balance of my time.
Mr. HUDSON. Mr. Chairman, I don't have any further speakers, and I am
prepared to close.
How much time is remaining?
The Acting CHAIR. The gentleman from North Carolina has 2\1/2\
minutes remaining.
Mr. HUDSON. Mr. Chairman, I would just, again, urge my colleagues to
support this amendment. I understand the point raised by my colleague,
and I think there are some valid points that ought to be discussed; but
I think the bottom line here is the folks who are left at Guantanamo
are the worst of the worst. These are some of the most violent,
dangerous criminals in the world, and this President has shown that he
is willing to transfer them to other places where the risk of them
escaping back to the battlefield is very

[[Page H3891]]

high. So I believe we can't risk that. I think the American people are
counting on us to put their interests first.
So I will close by urging my colleagues to please support this
amendment.
Mr. Chairman, I yield back the balance of my time.
Mr. VISCLOSKY. Mr. Chairman, I yield 1 minute to the gentleman from
New York (Mr. Nadler).
Mr. NADLER. Mr. Chairman, I have spoken on this floor many, many
times against amendments--so far, futilely--against amendments to bar
the transfer of prisoners from Guantanamo or to prohibit the
expenditure of funds to move them here or anywhere else.
This amendment is particularly pernicious. It says you may not spend
any funds to move anyone from Guantanamo, period. That has to be
unconstitutional, because what it says is, even if you find that an
individual is innocent, even if you factually find out he is guilty of
no terrorism, he didn't fight against us, he is not a prisoner of war,
he is guilty of nothing, he must stay in jail forever.
How can an American legislative body pass a provision that says we
will hold someone in jail forever, not only without trial, but even if
we know he is innocent of everything?
I will make no further argument--I only have 1 minute--but the fact
of the matter is it is clearly unconstitutional, clearly immoral, and
against everything we should stand for. No one should vote for this
amendment.
Mr. VISCLOSKY. Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from North Carolina (Mr. Hudson).
The amendment was agreed to.

Amendment No. 29 Offered by Mr. Lamborn

The Acting CHAIR. It is now in order to consider amendment No. 29
printed in House Report 114-623.
Mr. LAMBORN. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

At the end of the bill (before the short title) insert the
following:
Sec. __. None of the funds made available by this Act may
be used by the Department of Defense to survey, assess, or
review potential locations in the United States to detain any
individual detained at United States Naval Station,
Guantanamo Bay, Cuba, as of the date of the enactment of this
Act.

The Acting CHAIR. Pursuant to House Resolution 783, the gentleman
from Colorado (Mr. Lamborn) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Colorado.
Mr. LAMBORN. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, Congress has consistently made it very clear that it is
against the law for the terrorists held at Guantanamo to be brought to
the United States. Though this debate is often partisan, this
commonsense policy has often had bipartisan support. In fact, Democrats
were actually the first to include restrictions in the Defense
Appropriations bill in 2009 when they controlled both Chambers of
Congress. Since then, a bipartisan majority has renewed these
restrictions every year.
My amendment is simple and logical and is slightly different than the
current law that we do have on the books and the language that is in
the NDAA right now. This amendment prohibits the use of any funds to
study or prepare U.S. detention facilities to house these terrorists.
If it is against the law to bring dangerous terrorists to the United
States, why would we allow the Obama administration to study, using
taxpayer dollars, how it would try to do this? Why would we want any
administration to study how it can break the law?
Mr. Chairman, I yield 2 minutes to the gentleman from South Carolina
(Mr. Duncan), my friend and colleague.
Mr. DUNCAN of South Carolina. Mr. Chairman, I rise today in support
of my colleague, Mr. Lamborn's amendment.
I am strongly opposed to the President using funds to survey
potential sites within the United States at which to hold terrorists
that are currently held at Guantanamo Bay.
Congress has passed numerous times, and the President has signed into
law, legislation which explicitly prohibits the President from using
taxpayer funds to bring terrorists to our soil and close the detention
facility. Despite the law, the President has made his intent clear to
close Guantanamo Bay and bring these terrorists to our States and local
communities.
In the face of opposition from the American people and Congress and
State Governors, the President continues to move forward with bringing
these terrorists to our soil.
Last month, Governor Haley from my State of South Carolina testified
before the Homeland Security Committee. She sent a letter to President
Obama opposing terrorists coming to South Carolina, and never got a
response from the administration and was never included in the initial
talks. The President refuses to work with State Governors and with this
Congress.
Mr. Chairman, no State should be a terrorist dumping ground. No
State, whether South Carolina, Colorado, or any other, should be a
terrorist dumping ground. Doing so would only make our communities the
most high-profile terrorist targets in the world.
As Members of Congress, we must use every tool at our disposal to
prevent the President from disregarding the law and the will of the
people, including our power of the purse, by not allowing taxpayer
dollars going towards bringing terrorists into this country.
I fully support this, and I urge my colleagues to support it as well.
Mr. VISCLOSKY. Mr. Chairman, I claim the time in opposition to the
gentleman's amendment.
The Acting CHAIR. The gentleman from Indiana is recognized for 5
minutes.
Mr. VISCLOSKY. I yield such time as he may consume to the gentleman
from New York (Mr. Nadler).
Mr. NADLER. Mr. Chairman, this amendment would prohibit the
Department of Defense from even reviewing locations in the U.S. to hold
Guantanamo detainees. It would obviously make it much more difficult to
close the prison, which is obviously its purpose, which experts agree
that it is the prison that harms U.S. national security.
Major General Michael Lehnert, the first commander charged with
constructing and operating the Guantanamo detention facility after 9/
11, recently submitted a statement for the record to the House
Subcommittee on Homeland Security, calling Guantanamo ``inconsistent
with our values as Americans,'' and recommending the prison be closed.
As General Lehnert stated: ``Guantanamo's continued existence hurts
us in our prosecution of the fight against terrorists. It feeds into
the narrative that the United States is not a Nation of laws nor one
that respect human rights.''
Former Secretary of State Colin Powell recently said that closing
Guantanamo is in the United States ``best interest.'' Powell also
stressed the effectiveness of U.S. Federal courts to prosecute
terrorism offenses, which have convicted over 67 individuals of such
charges since 9/11, including Osama bin Laden's son-in-law, Sulaiman
Abu Ghaith.
Federal courts have been vastly more successful than the Guantanamo
military commissions, where four of the eight detainees convicted have
had their convictions completely overturned.
Prohibiting the Department of Defense from assessing U.S. locations
to hold Guantanamo detainees is fiscally irresponsible. It costs us
$34,000 a year to hold a detainee in a Federal supermax prison. It
costs us $5 million a year to hold a detainee in Guantanamo. That is $5
million versus $34,000.
Even if it costs money to build a new supermax--although, I don't
know why we would need a new supermax. There is plenty of room in our
supermax prisons for the maximum number, which is 91 people now in
Guantanamo, even assuming none of them were released.

{time} 1800

Ninety-one times $5 million, minus 91 times $34,000 is a gross waste
of money. Even if you had to spend money to build a new supermax
prison, you are still saving a lot of money in the long run.
The last thing I want to say is, why would we subject our States as
dumping grounds for terrorists?

[[Page H3892]]

Well, we have 67 terrorists convicted since 9/11 in American prisons
and supermaxes in the United States. No one has ever escaped from a
supermax prison. It is pure fear-mongering to say that a State or any
place in the United States would be endangered by having a terrorist or
anyone else in a supermax prison.
If the terrorist from Orlando had not been shot dead, he would
presumably be either sentenced to death or sentenced to life in prison.
He would be in a prison in the United States, and no one would say that
is unsafe. No one would say: You have got to export him from the
country. That is just pure, aberrant nonsense.
So we ought to shut the prison because it is fiscally sound. It would
remove a terrorist propaganda point from al Qaeda and ISIS and
everybody else. And not all those 91--some of them may be the worst of
the worst. Some of them may not be. Some of them we know were simply
handed over to bounty hunters because some other tribe in Afghanistan
thought this is a good way--the Americans are handing out $5,000,
$10,000--this is a good way to get rid of our rivals.
They ought to be tried. If guilty, they ought to be kept in prison
for life, perhaps, depending on what they are guilty of. But if
innocent, they ought to be released. And to say they ought to stay in
Guantanamo without trial--and we know the military tribunals don't
work; they haven't managed to convict anybody and make it stick--
forever is un-American.
Mr. LAMBORN. Mr. Chairman, President Obama's policy of releasing
people willy-nilly from Guantanamo is a bad policy. The risk is real.
In recent months, the administration has finally admitted that there
have been Americans who have died because of Guantanamo detainees who
have been released. The Director of National Intelligence has said one
of every three released detainees has rejoined the fight.
Even if detainees are brought to the U.S. and never escape, to
address what my colleague from New York said, there is a very real
danger of proselytization within the prison system, radicalizing the
inmate population, and allowing terrorists to have increased legal
rights, the risk of contraband, and access to communications. If there
ever were a trial on U.S. soil, they would have the right to access
methods and sources used by our intelligence agencies, and those would
be given away to the bad guys. The people of Colorado and other States
certainly don't feel safe having these terrorists in their backyards
for those reasons.
Transferring Guantanamo prisoners to American soil is illegal,
period. We need to do everything we can to ensure the President doesn't
break the law or overturn the will of the American people and increase
the risk to the American people, all because of a foolish and misguided
campaign promise.
I would like to inform the President that 9/11 happened way before
there ever was a Guantanamo prison. That is not why the Islamic
radicals attacked us. They oppose our very way of life. They oppose us
for who we are, not for what we do.
Let's keep GTMO open.
Mr. Chairman, I yield back the balance of my time.
Mr. VISCLOSKY. Mr. Chairman, following up on part of the discussion,
we have had 443 people convicted of terrorist-related charges held in
U.S. prisons, and as has already been indicated, they are very secure
because no one has escaped.
I don't think it is necessarily wrong, even if a person is evil, that
they have some modicum of legal rights under the United States of
America. And you have 63 people being held in Guantanamo today for over
10 years with no trial. I just don't think that is according to the
constitutional principles of this country.
But what I find upsetting is the prohibition on surveys, assessment,
and reviews, the search for knowledge. There may be no better way to
deal with the detention issue than keeping Guantanamo open. I would
acknowledge that to the gentleman. There may not be a better way.
But if we don't search for knowledge and information and the truth,
we will never know. What is the harm in asking?
I am opposed to the gentleman's amendment.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Colorado (Mr. Lamborn).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. VISCLOSKY. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Colorado
will be postponed.
Mr. FRELINGHUYSEN. 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. Poe
of Texas) having assumed the chair, Mr. Hultgren, Acting Chair of the
Committee of the Whole House on the state of the Union, reported that
that Committee, having had under consideration the bill (H.R. 5293)
making appropriations for the Department of Defense for the fiscal year
ending September 30, 2017, and for other purposes, had come to no
resolution thereon.

____________________