DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2015
(House of Representatives - June 18, 2014)

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[Pages H5454-H5487]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2015

  The SPEAKER pro tempore. Pursuant to House Resolution 628 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. 4870.
  Will the gentleman from Tennessee (Mr. Duncan) kindly resume the 
chair.

                              {time}  1659


                     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. 4870) making appropriations for the Department of 
Defense for the fiscal year ending September 30, 2015, and for other 
purposes, with Mr. Duncan of Tennessee (Acting Chair) in the chair.
  The Clerk read the title of the bill.
  The Acting CHAIR. When the Committee of the Whole House rose earlier 
today, a request for a recorded vote on the amendment offered by the 
gentleman from Texas (Mr. Gohmert) had been postponed, and the bill had 
been read through page 10, line 15.

                              {time}  1700


                    Amendment Offered by Mr. Ellison

  Mr. ELLISON. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will report the amendment.
  The Clerk read as follows:

       Page 9, line 6, after the dollar amount insert the 
     following: ``(reduced by $10,000,000) (increased by 
     $10,000,000)''.

  The Acting CHAIR. Pursuant to House Resolution 628, the gentleman 
from Minnesota and a Member opposed each will control 5 minutes.
  The Chair recognizes the gentleman from Minnesota.
  Mr. ELLISON. Mr. Chairman, the purpose of this amendment is very 
simple. It is to help American workers as defense-related factories 
wind down production. The intent of the amendment is to allocate an 
additional $10 million to the Office of Economic Adjustment from the 
general operations and maintenance funds.
  The Office of Economic Adjustment helps communities across America 
when a factory shuts down. Over the last decade of war, middle class 
factory workers have stepped up to the plate to make sure our troops on 
the battlefield have had the weapons and equipment they have needed. As 
we transition away from two long wars and as defense production lines 
slow down, we cannot leave these workers with only pink slips in their 
hands. That is where the Office of Economic Adjustment comes in.
  This little known but very important office in the Pentagon helps 
communities that would otherwise be devastated when a factory shuts its 
doors for the last time. The Office of Economic Adjustment provides 
grants and technical assistance to communities so that they can develop 
their own strategies to transition to a postwar economy. Just this 
month, the Office of Economic Adjustment provided grants to Ohio, 
Michigan, and Indiana. Nearly 4,000 defense workers have lost their 
jobs in these States since 2012, but thanks to a grant from the Office 
of Economic Adjustment, a regional Defense Manufacturing Assistance 
Program is underway to help them find new areas of livelihood.
  Simply put, the Office of Economic Adjustment helps hardworking 
Americans keep their jobs, so I urge my colleagues to support this 
modest amendment to create jobs and help the Americans who keep our men 
and women in uniform equipped with what they need.
  I would also like to submit for the Record a good article from Roll 
Call which carefully details this issue of slowing down the wartime 
economy. The title of it reads, ``Don't Cut Programs that Help 
Communities Adjust to Pentagon Spending Reductions.'' It is dated June 
9, 2014, and it is written by Miriam Pemberton and William Hartung.

                     [From Roll Call, June 9, 2014]

 Don't Cut Programs That Help Communities Adjust to Pentagon Spending 
                         Reductions--Commentary

              (By Miriam Pemberton and William D. Hartung)

       Spring budget season is almost over, and the House and 
     Senate have once again placed parochial politics above budget 
     discipline in their consideration of the Pentagon budget. The 
     most extreme example came in the House version of the 
     National Defense Authorization Act, which rejected virtually 
     every cost-cutting measure put forward by the Pentagon, from 
     base closings to retiring unneeded weapons systems. If the 
     House's actions aren't reversed, they would bust the current 
     budget caps to the tune of $50 billion over the next five 
     years.
       There was one place the House authorizers were willing to 
     cut way back: a program designed to help communities adjust 
     to defense downsizings. This is particularly ill-advised at a 
     time when the Pentagon budget has been set on a path to come 
     down from a war-time buildup that brought it to its highest 
     levels since World War II.
       While modest by historical terms, the defense build-down 
     that is now underway will demand adjustments in the 
     unrealistic spending plans Congress continues to authorize 
     for the Pentagon. And the cuts that are coming will have 
     impacts in scores of communities across the country.
       Since the 1970s a small office within the Pentagon, the 
     Office of Economic Adjustment, has offered planning grants 
     and technical assistance to help these communities develop 
     their own strategies to capitalize on existing economic 
     strengths and adjust to postwar economic conditions. Once 
     these strategies are in place, the OEA serves as a point of 
     contact for impacted communities in accessing resources from 
     other federal agencies to help with implementation of their 
     plans. Just this week Ohio, Michigan and Indiana received a 
     grant of more than $2.4 million to fund a regional Defense 
     Manufacturing Assistance Program to address the loss of 3,900 
     defense-related jobs in those three states since 2012.
       Most members of Congress want to base their judgments on 
     Pentagon spending on what is needed to defend the country. 
     But they also need to show defense-dependent communities, 
     businesses and workers in their states and districts that 
     they are watching out for their interests. The OEA's programs 
     give them a way to judge procurement spending accounts on 
     their merits,

[[Page H5455]]

     while attending to the economic needs of their constituents.
       Supporting the OEA does not mean that members of Congress 
     don't care about the existing jobs base. It just means that 
     they want in addition to have a Plan B in place in the event 
     of decisions that reduce Pentagon-related activities in their 
     areas.
       It's troubling to watch the House voting to slash the OEA, 
     while standing firm in supporting costly, unneeded sacred 
     cows like the F-35 combat aircraft. Even slightly slowing the 
     pace of the F-35 program would pay for the OEA's programs 
     many times over.
       The F-35--the Pentagon's most expensive weapons program 
     ever undertaken is--a poster child of waste. Current cost 
     estimates for building and maintaining the plane: roughly 
     $1.4 trillion over its lifetime. It has more than doubled in 
     price since it went into development, and it has had numerous 
     high profile failures, from cracked wings to unresolved 
     software problems. It is likely to perform many of its 
     assigned tasks less effectively than current generation 
     aircraft. An Air Force far superior to any other should be in 
     no rush to build over 2,400 F-35s.
       The F-35 merely tops the House's list of unnecessary 
     expenditures. It rejected plans to delay the refueling of an 
     aircraft carrier at a savings of over $800 million--more than 
     ten times the cut proposed for the OEA. It attempts to block 
     the closure of excess military bases, stop the administration 
     from reducing the size of the Army, and prevent the Air Force 
     from retiring the U-2 spy plane, even as it funds Global Hawk 
     drones to do the same job. And the list goes on.
       The common thread in all of these actions is a state of 
     denial about the trends in Pentagon spending. It will come 
     down this year, and under current law it will stabilize at 
     levels considerably lower than what the Pentagon's overly 
     ambitious plans will cost.
       Funding programs that will help communities make the 
     transition to more diversified economies that can weather 
     reductions in Pentagon spending will make it easier to craft 
     budgets that put security concerns above pork barrel 
     politics. When the House and Senate put together a final 
     Pentagon budget proposal later this year, funding for OEA's 
     crucial programs should be restored.
  Mr. ELLISON. 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 amendment was agreed to.


                    Amendment Offered by Mr. Runyan

  Mr. RUNYAN. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will report the amendment.
  The Clerk read as follows:

       Page 9, line 6, after the dollar amount, insert ``(reduced 
     by $6,000,000)''.
       Page 29, line 7, after the dollar amount, insert 
     ``(increased by $6,000,000)''.

  The Acting CHAIR. Pursuant to House Resolution 628, the gentleman 
from New Jersey and a Member opposed each will control 5 minutes.
  The Chair recognizes the gentleman from New Jersey.
  Mr. RUNYAN. Mr. Chairman, my amendment moves $6 million to Air Force 
Other Procurement to provide for a much-needed joint training platform 
and for facility upgrades. More specifically, the funding is aimed at 
supporting upgrades to joint training and training development 
facilities at Air Force installations. The offset for this amendment 
reduces the amount allocated for the Office of the Secretary of 
Defense.
  Over the last decade, many of the service branches have procured 
various training systems and infrastructure that are in desperate need 
of repair. These are not expensive upgrades, and they will preserve the 
shelf life of some of the most state-of-the-art training systems in the 
United States military. My amendment seeks to increase the Air Force 
procurement funding to provide for critical upgrades for these 
underfunded systems, technologies, and training infrastructure.
  We have made great investments in our joint training aids and support 
systems to ensure our servicemembers are combat ready and proficient at 
a low cost for high value to the taxpayer. It would be a shame to see 
these assets atrophy from the withholding of what is a relatively small 
amount in comparison to our initial investments in these programs.
  I urge my colleagues to support the passage of this commonsense 
amendment and support our warfighters.
  I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from New Jersey (Mr. Runyan).
  The amendment was agreed to.


                    Amendment Offered by Mr. Delaney

  Mr. DELANEY. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will report the amendment.
  The Clerk read as follows:

       Page 9, line 6, after the dollar amount insert the 
     following: ``(reduced by $24,000,000)''.
       Page 88, line 6, after the dollar amount insert the 
     following: ``(increased by $16,000,000)''.

  The Acting CHAIR. Pursuant to House Resolution 628, the gentleman 
from Maryland and a Member opposed each will control 5 minutes.
  The Chair recognizes the gentleman from Maryland.
  Mr. DELANEY. Mr. Chairman, I yield myself 3 minutes.
  We have all been very disturbed by the recent allegations of 
negligence and of the falsification of information at some of the VA 
medical centers across the country. We must work together to better 
serve our servicemembers, veterans, and their families, who have served 
us all with such great distinction.
  My amendment works to solve one specific but very important problem 
facing military families.
  When our warfighters and veterans need medical care, their families 
are often faced with a very difficult dilemma: either to stay home 
because it is too expensive to travel in order to be with their 
families or to travel and bear the burden of the costs associated with 
being with their loved ones at this great time of need.
  Unfortunately, too many families are staying home without having the 
opportunity to be with their loved ones who have served our country 
when those loved ones are receiving care at a military hospital. Others 
make the trip, but they often sleep in their cars or sleep in tents 
that they have set up in parking lots around these hospitals. Our 
veterans and servicemen and -women and their families deserve much 
better than this.
  My amendment increases the funding for Fisher Houses by $16 million. 
This additional funding has the potential to provide more free housing 
for the families of patients receiving care at military and VA 
hospitals. In order to pay for this increased funding, this amendment 
reduces funding for the defense-wide operations and maintenance 
account, and my amendment is outlay neutral as a result.
  Since 1990, over 180,000 families have been served by Fisher Houses--
more than 22,000 families in the last year alone. The services offered 
by Fisher Houses have saved military families almost $240 million in 
out-of-pocket expenses since the program's inception. Families do not 
have to make these tough financial choices to visit and care for their 
loved ones. This amendment has the potential of funding the 
construction of at least four new Fisher homes next year. Four new 
homes mean the lodging for 2,000 military family members.
  So many men and women have served us with such distinction, and for 
those who return home and who need medical care, Fisher Houses can make 
a stay in a military hospital or in a clinic a little bit easier and a 
little bit kinder for our soldiers and their families. No veteran or no 
servicemember should do without his loved ones at this time of need.
  I encourage my colleagues to support this amendment. Last year, the 
House came together to support this same amendment, and I hope they 
will do the same this year.
  Mr. VISCLOSKY. Will the gentleman yield?
  Mr. DELANEY. I yield to the gentleman from Indiana, the ranking 
member.
  Mr. VISCLOSKY. I appreciate the gentleman for offering the amendment. 
I do not oppose it. I would simply mention a concern I have, which is 
not with the intent of the gentleman's but, rather, with the amount.
  I just want my colleagues to know that the underlying bill already 
provides $11 million from the operations and maintenance funds of the 
Army, Navy, and Air Force for the construction and furnishing of 
additional Fisher Houses, a total not to exceed $33 million. This 
amendment, obviously, would add $20 million to that amount. I am 
concerned that the rapid increase in construction funding in a single 
fiscal year would be very difficult for the foundation to utilize.
  Mr. DELANEY. My response to the ranking member is that I have great 
confidence in the Fisher House team's ability to handle the funds. I 
think this is an example of where we need to get

[[Page H5456]]

ahead of the need and not be behind some of the needs, but I appreciate 
the ranking member's support.
  I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Maryland (Mr. Delaney).
  The amendment was agreed to.


                   Amendment Offered by Mr. Lowenthal

  Mr. LOWENTHAL. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will report the amendment.
  The Clerk read as follows:

       Page 9, line 6, after the dollar amount, insert ``(reduced 
     by $5,000,000) (increased by $5,000,000)''.

  The Acting CHAIR. Pursuant to House Resolution 628, the gentleman 
from California and a Member opposed each will control 5 minutes.
  The Chair recognizes the gentleman from California.
  Mr. LOWENTHAL. Chairman Frelinghuysen and Ranking Member Visclosky, 
thank you for providing me this time to speak on the floor today.
  Mr. Chairman, as we all know, providing science, technology, 
engineering, and math education to America's youth is critical to the 
global competitiveness of our Nation. The STARBASE program engages 
local fifth grade elementary students by exposing them to STEM subjects 
through an inquiry-based curriculum that is currently active in 56 
congressional districts throughout the country. We need to be committed 
to ensuring the United States remains competitive globally by 
strengthening the pipeline of American graduates with degrees in STEM 
fields.
  That is why I am offering STARBASE amendment No. 32 to H.R. 4870, the 
Department of Defense Appropriations Act. My bipartisan amendment, with 
Congressman Benishek, increases funding to the STARBASE Youth Program 
by $5 million. The STARBASE program is carried out by the military 
because the lack of STEM-educated youth in America has been identified 
as a future national security issue by the Department of Defense.
  Last year, both the House and the Senate rejected the Office of 
Management and Budget's proposal to terminate this critical program. As 
a Member of Congress, I appreciate the OMB's desire to consolidate the 
STEM programs across the spectrum into one funding line. However, this 
is a national defense issue, and it has been identified by the Joint 
Chiefs of Staff as such.
  STARBASE was created under the auspices of the Department of Defense 
to meet its critical needs in STEM-related fields. Regrettably, the 
funding uncertainty caused by last year's OMB action has resulted in 
the elimination of all of the programs operated by the Navy, and it has 
reduced the fiscal year 2014 number of DOD STARBASE programs from 79 
down to 56 sites. Despite the funding issues, the DOD currently has 25 
sites on a waiting list for a program, and that is why we need a small 
increase in the number of STARBASE programs.
  I want to thank the chairman and the ranking member for their strong 
leadership in reestablishing the funding for the program, and I 
respectfully request an additional $5 million to help expand the 
program. It is one of the most cost-effective programs, and it is also 
reported by the Department of Defense as being one of the most 
effective of the STEM programs.
  My amendment makes a significant step towards providing and engaging 
America's youth with the tools they need to pursue careers in STEM--
fields in which jobs are available and in which there is a significant 
lack of trained workers. STARBASE inspires America's youth to discover 
technical fields that are imperative for our future national security 
challenges. During this time of economic recovery, we cannot lose this 
battle and concede our technical edge to the rest of the world.
  Mr. FRELINGHUYSEN. Will the gentleman yield?
  Mr. LOWENTHAL. I yield to the gentleman from New Jersey.

                              {time}  1715

  Mr. FRELINGHUYSEN. The committee wants to commend the gentleman for 
his support of this program. As you know, this program currently 
operates, I think, at 65 military installations and facilities around 
the country. This would increase that amount. And what is good about it 
is military volunteers are, in their own free time and volunteer 
capacity, doing some remarkable things with these young people.
  So we commend you for your efforts. I know I share similar views to 
Ranking Member Visclosky, if you would yield to him.
  Mr. LOWENTHAL. I yield to the gentleman from Indiana.
  Mr. VISCLOSKY. I also want to join the chairman and thank you for 
offering the amendment. You raise a number of good points, and it is a 
very good program. I appreciate your attention to it. Thank you so 
much.
  Mr. LOWENTHAL. Mr. Chairman, I urge support of this amendment and 
yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from California (Mr. Lowenthal).
  The amendment was agreed to.


                    Amendment Offered by Mr. Grayson

  Mr. GRAYSON. Mr. Chairman, I have an amendment at the desk, Grayson 
Number 8.
  The Acting CHAIR. The Clerk will report the amendment.
  The Clerk read as follows:

       Page 9, line 6, after the dollar amount insert the 
     following: ``(reduced by $10,000,000)''.
       Page 33, line 11, after the dollar amount insert the 
     following: ``(increased by $10,000,000)''.
       Page 33, line 19, after the dollar amount insert the 
     following: ``(increased by $10,000,000)''.

  Mr. GRAYSON (during the reading). Mr. Chairman, I ask unanimous 
consent that the reading be waived.
  The Acting CHAIR. Is there objection to the request of the gentleman 
from Florida?
  Mr. FRELINGHUYSEN. Mr. Chairman, could we have it read so we know 
which amendment we are working on? Otherwise, I will reserve a point of 
order on the gentleman's amendment.
  The Acting CHAIR. The Clerk will continue to read.
  The Clerk continued to read.
  Mr. FRELINGHUYSEN. Mr. Chairman, I ask unanimous consent to withdraw 
my objection.
  The Acting CHAIR. Is there objection to the request of the gentleman 
from New Jersey?
  There was no objection.
  The Acting CHAIR. Pursuant to House Resolution 628, the gentleman 
from Florida and a Member opposed each will control 5 minutes.
  The Chair recognizes the gentleman from Florida.
  Mr. GRAYSON. Mr. Chairman, this amendment increases the Defense 
Health Program account by $10 million in order to help find a cure for 
Gulf War illness. Currently, there is no cure for Gulf War illness, and 
it affects over a third of the veterans who served in the first Gulf 
War.
  This amendment is identical to an amendment offered last year that 
passed this body by a voice vote. I respectfully urge the same today.
  Mr. Chairman, I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Florida (Mr. Grayson).
  The amendment was agreed to.
  The Acting CHAIR. The Clerk will read.
  The Clerk read as follows:

                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, 
     $2,535,606,000.

                Operation and Maintenance, Navy Reserve

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance, including training, organization, 
     and administration, of the Navy Reserve; repair of facilities 
     and equipment; hire of passenger motor vehicles; travel and 
     transportation; care of the dead; recruiting; procurement of 
     services, supplies, and equipment; and communications, 
     $1,011,827,000.

            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, $270,485,000.

[[Page H5457]]

              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, $2,989,214,000.

             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), $6,116,307,000.

             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, $6,393,919,000.

          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, $13,723,000, 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, $201,560,000, 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, $277,294,000, 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, $408,716,000, 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.


            Amendment Offered by Mr. Murphy of Pennsylvania

  Mr. MURPHY of Pennsylvania. Mr. Chairman, I have an amendment at the 
desk.
  The Acting CHAIR. The Clerk will report the amendment.
  The Clerk read as follows:

       Page 15, line 8, after the dollar amount, insert ``(reduced 
     by $37,000,000)''.
       Page 33, line 11, after the dollar amount, insert 
     ``(increased by $10,000,000)''.
       Page 33, line 12, after the dollar amount, insert 
     ``(increased by $10,000,000)''.

  The Acting CHAIR. Pursuant to House Resolution 628, the gentleman 
from Pennsylvania and a Member opposed each will control 5 minutes.
  The Chair recognizes the gentleman from Pennsylvania.
  Mr. MURPHY of Pennsylvania. I thank the gentleman and I also thank 
the chairman and the ranking member of the committee.
  I should say that, in addition to being a Member Congress, I am also 
a member of the Navy Reserve as a psychologist, but I want to make it 
clear I am not here representing the Navy or Navy psychology, but 
talking about those things which I see in our military.
  We have the best military in the world. We are strong, we are filled 
with strong servicemen and servicewomen, but our country has a crisis 
on its hands.
  On average, 22 military servicemembers and veterans die each day by 
their own hands. Nearly 1 in 5 suicides nationally is a veteran, even 
though veterans only make up 10 percent of the population, or about a 
million or so overall, 2 million overall.
  The suicide rate for veterans increased an average of 2.6 percent a 
year from 2005 to 2011, more than double the rate of increase for 
civilian suicide.
  Let me tell you what I hear from servicemembers: that those who are 
in high-tempo work, such as those in SOCOM, those who are Active Duty, 
those who have come back from Guard and Reserve, they have a very 
difficult time accessing mental health care.
  Whether it is family problems, financial crisis, or adapting from the 
stress of combat or post-traumatic stress, and preventing it from 
becoming post-traumatic stress disorder, we know that treatment early 
and identification early can be effective.
  But, quite frankly, there are just too few providers. Psychologists, 
psychiatrists, and clinical social workers and therapists are burdened 
with paperwork and screening duties, and oftentimes have too little 
time to counsel.
  We hear, time and time again, where someone has sought help off base, 
only to find there people who may not themselves understand all the 
needs of someone in the military.
  Plus, many times, those in the military dealing with classified 
missions, particularly those in SOCOM, need to have folks that they can 
talk to and deal with these problems so they do not become worse. Or if 
they transfer to Guard and Reserve, many times they have no one they 
can go to. The purpose of this amendment is to help make sure we are 
providing more of those services.
  A survey by the Iraq and Afghanistan Veterans of America showed that 
30 percent of servicemembers have considered taking their own life; 45 
percent say they know an Iraq or Afghanistan veteran who has attempted 
suicide.
  While DOD has done many things, and should be complimented for the 
work that they have done, we still have a serious, serious problem on 
our hands. The reason we are offering this amendment today is to do all 
we can to help provide more providers.
  Granted, I do not believe this will be anywhere near enough, but it 
does give us a surge of providers at a time when it is needed, at a 
time when the suicide rate has climbed, at a time when many 
servicemembers continue to need help. So I am offering this, and I hope 
it will be accepted.
  Mr. FRELINGHUYSEN. Will the gentleman yield?

[[Page H5458]]

  Mr. MURPHY of Pennsylvania. I yield to the gentleman from New Jersey.
  Mr. FRELINGHUYSEN. I can say, and I am sure my colleagues would 
agree, your service in the Congress has been enormously beneficial 
because you have been perhaps one of the strongest advocates on behalf 
of those with mental illness. And certainly, your service in the Navy 
Reserve as a psychologist is one of the reasons when you get up to 
talk, people listen.
  So we are certainly accepting of your amendment and acknowledge your 
very, very strong and well-reasoned advocacy.
  Our bill, of course, does make investments. This will make more 
investments, and we look forward to working with you and relying on 
your expertise and your advocacy.
  I thank you for yielding.
  Mr. MURPHY of Pennsylvania. Mr. Chairman, let me just close with 
this. In this, I know for example those who come back from SOCOM, from 
being the tip of the spear, a very important part of their return are 
such things as Third Location Decompression. They come back, they meet 
with psychologists, with detailed review.
  What we also have to make sure is, for so many others who come back, 
whether they have been on a combat mission or even a training mission 
that can have its own stress associated with that, we want to prevent 
these from accelerating to the level where later on they will need VA 
services, where we have so many families deteriorate.
  I thank the chairman, I thank the ranking member, et cetera, and I 
ask my colleagues to support this amendment so we can get help to our 
military in need.
  Mr. Chairman, I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Pennsylvania (Mr. Murphy).
  The amendment was agreed to.
  The Acting CHAIR. The Clerk will read.
  The Clerk read as follows:

                Environmental Restoration, Defense-Wide

                     (including transfer of funds)

       For the Department of Defense, $8,547,000, to remain 
     available until transferred: Provided, That the Secretary of 
     Defense shall, upon determining that such funds are required 
     for environmental restoration, reduction and recycling of 
     hazardous waste, removal of unsafe buildings and debris of 
     the Department of Defense, or for similar purposes, transfer 
     the funds made available by this appropriation to other 
     appropriations made available to the Department of Defense, 
     to be merged with and to be available for the same purposes 
     and for the same time period as the appropriations to which 
     transferred: Provided further, That upon a determination that 
     all or part of the funds transferred from this appropriation 
     are not necessary for the purposes provided herein, such 
     amounts may be transferred back to this appropriation: 
     Provided further, That the transfer authority provided under 
     this heading is in addition to any other transfer authority 
     provided elsewhere in this Act.

         Environmental Restoration, Formerly Used Defense Sites

                     (including transfer of funds)

       For the Department of the Army, $233,353,000, 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.


               Amendment No. 4 Offered by Mr. Blumenauer

  Mr. BLUMENAUER. 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 16, line 24, after the dollar amount, insert 
     ``(increased by $3,400,000)''.
       Page 31, line 6, after the dollar amount, insert ``(reduced 
     by $3,400,000)''.

  The Acting CHAIR. Pursuant to House Resolution 628, the gentleman 
from Oregon and a Member opposed each will control 5 minutes.
  The Chair recognizes the gentleman from Oregon.
  Mr. BLUMENAUER. Mr. Chairman, I yield myself 4 minutes.
  This is a simple amendment that would cut $3.4 million for a new 
nuclear-armed, air-launched cruise missile and redirect the funding 
towards the cleanup and removal of unexploded ordnance that litters 
most congressional districts in every State of the Union.
  It would save the taxpayers from footing the bill for a program whose 
rationale remains ill-defined.
  First, the United States currently has a robust arsenal of air-
launched cruise missiles, and with the life extension program, they are 
expected to be in service well past 2030.
  These existing cruise missiles are also compatible with the Air 
Force's greatest procurement priority, the long-range strike bomber.
  Now the Pentagon has not yet made a final decision on how or when it 
will replace its existing nuclear air-launched cruise missile, so it 
seems ill-advised to spend money before we know what our long-term 
plans are.
  We no longer need a bomber with standoff nuclear weapons like the 
ALCM. The new Air Force bomber that will be designed to penetrate air 
defenses, it needs bombs that can be dropped, not a new cruise missile.
  The procurement of the new cruise missile will also have a 
destabilizing effect in our efforts to control nuclear proliferation. A 
mass deployment of cruise missiles probably would trigger, potentially 
could trigger a new arms race that we have already agreed to begin to 
end.
  Currently, only the United States, France, and Russia have such 
weapons. But are we going to be more secure if this sets off an effort 
for other countries to develop them?
  Are we going to be more secure if China has them, if Pakistan 
develops them? I think certainly not.
  Now, maybe this amendment looks modest, only directing $3.4 million. 
But allowing this seed money to go forward could potentially mean 
billions down the road if we don't have a reason, a rationale, a 
commitment to do it.
  The new ALCM does not yet have an official pricetag, but the research 
we have done suggests it is in the range of 20 to $30 billion. And a 
rebuilt nuclear warhead to go on it would cost another $12 billion, 
according to the National Nuclear Security Administration.
  So a potential of over $40 billion, and based on our past experience 
with weapons developments and the nuclear area, it is very likely that 
that is going to increase over time.
  Remember, we recently had a debate on the floor of the House that 
highlighted that the costs of the current nuclear program were 
understated by the Pentagon by $150 billion.

                              {time}  1730

  This program, whose true utility remains a mystery, even to those 
requesting money for it, will directly compete with other priorities.
  Let me repeat that. This is not free money. If we launch this 
program, it is going to directly compete with other priorities. The 
Navy, as we all know--which the committee has been wrestling with--is 
looking for $100 billion to build 12 new nuclear-armed submarines.
  The Air Force is coming up short looking for the $70 billion it needs 
to buy up to 100 new long-range bombers. A down payment on a cruise 
missile today that we don't need means cuts to other programs tomorrow.
  Mr. Chairman, I suggest that, instead of launching us down this path 
of unnecessary spending and potentially huge outyear costs, that we, 
instead, spend this money on Formerly Used Defense Sites that have been 
contaminated by our activities over the better part of the last century 
in the United States. It is better use for the money.
  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, the President's budget requested 
$208.4 million for these Formerly Used Defense Sites. It is important 
to clean up these properties that have been used by the Department of 
Defense.

[[Page H5459]]

  May I say, our bill already provides $25 million for the cleanup of 
such sites over the President's request, so the administration isn't 
looking for any more money.
  While I sympathize with the gentleman's amendment, I cannot support 
his offset. I understand that his amendment intends to eliminate 
funding for the long-range standoff weapon, this cruise missile.
  This program will provide a new air-launched cruise missile to 
replace a rapidly aging AGM-86. This is essential to our strategic 
deterrent and our ability to hold enemy targets at risk from standoff 
distances.
  The Air Force requested $4.9 million for the program in fiscal year 
2015 to continue studies and analysis in preparation for a formal 
acquisition program. This bill already takes a fiscally responsible 
$1.5 million cut from that amount.
  In a year of tight budget, the additional funding the committee has 
already provided for the cleanup of Formerly Used Defense Sites will 
accelerate the cleanup of the sites and reduce the long-term government 
liability, which is important.
  While I appreciate the gentleman's intent, I cannot support a cut 
that would eliminate a critical element of our military's future 
arsenal, so I oppose the amendment and urge a ``no'' vote.
  I yield back the balance of my time.
  Mr. BLUMENAUER. Mr. Chairman, first let me point out that this is a 
minuscule sum. I have pointed out that we have the capacity with the 
current plans to be able to deal past 2030, so this is not an urgent 
effect. We have a chance to sort it out and see if it truly is a 
priority.
  I respect the gentleman's point about--I think he is sincere in 
wanting to clear up these Formerly Used Defense Sites, but the amount 
in the budget is $50 million less than we had in fiscal year 2014 and 
is less than we enacted in fiscal year 2013.
  At the current rate of funding, the Pentagon estimates that it will 
take 250 years to clean up the backlog of dealing with the military 
contamination and unexploded ordnance. That is unacceptable.
  In a defense budget of this magnitude, we can and should be doing 
more. I appreciate what the gentleman is saying. It is not nearly 
adequate, and we certainly don't need to launch down this other path 
that may lead to dramatic unnecessary spending in the future.
  I respectfully urge adoption of this amendment and yield back the 
balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Oregon (Mr. Blumenauer).
  The question was taken; and the Acting Chair announced that the noes 
appeared to have it.
  Mr. BLUMENAUER. 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 Oregon will 
be postponed.
  The Clerk will read.
  The Clerk read as follows:

             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), 
     $103,000,000 to remain available until September 30, 2016.

                  Cooperative Threat Reduction Account

       For assistance to the republics of the former Soviet Union 
     and, with appropriate authorization by the Department of 
     Defense and Department of State, to countries outside of the 
     former Soviet Union, including assistance provided by 
     contract or by grants, for facilitating the elimination and 
     the safe and secure transportation and storage of nuclear, 
     chemical and other weapons; for establishing programs to 
     prevent the proliferation of weapons, weapons components, and 
     weapon-related technology and expertise; for programs 
     relating to the training and support of defense and military 
     personnel for demilitarization and protection of weapons, 
     weapons components and weapons technology and expertise, and 
     for defense and military contacts, $365,108,000, to remain 
     available until September 30, 2017.

      Department of Defense Acquisition Workforce Development Fund

       For the Department of Defense Acquisition Workforce 
     Development Fund, $51,875,000.

                               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, 
     $5,295,957,000, to remain available for obligation until 
     September 30, 2017.

                       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, 
     $1,217,483,000, to remain available for obligation until 
     September 30, 2017.

        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, $1,703,736,000, to remain available for 
     obligation until September 30, 2017.

                    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, 
     $1,011,477,000, to remain available for obligation until 
     September 30, 2017.

                        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, 
     $4,812,234,000, to remain available for obligation until 
     September 30, 2017.

                       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, $14,054,523,000, to remain available 
     for obligation until September 30, 2017.


                    Amendment Offered by Mr. Kildee

  Mr. KILDEE. I have an amendment at the desk, Mr. Chairman.
  The Acting CHAIR. The Clerk will report the amendment.
  The Clerk read as follows:

       Page 22, line 14, after the dollar amount, insert 
     ``(reduced by $20,000,000)''.
       Page 33, line 11, after the dollar amount, insert 
     ``(increased by $20,000,000)''.
       Page 33, line 17, after the dollar amount, insert 
     ``(increased by $20,000,000)''.


[[Page H5460]]


  The Acting CHAIR. Pursuant to House Resolution 628, the gentleman 
from Michigan and a Member opposed each will control 5 minutes.
  The Chair recognizes the gentleman from Michigan.
  Mr. KILDEE. Mr. Chairman, much like the VA, the Department of Defense 
is confronting significant challenges regarding its care and transition 
of wounded warriors.
  In fact, following the recent death of two individuals at the Army's 
Fort Bragg hospital, the Secretary of Defense ordered his own 
comprehensive review of DOD health care. Simply, it is obvious and is 
becoming increasingly more obvious that wounded warriors are still 
failing to receive the care that they need and that they clearly 
deserve.
  We know that the DOD has undertaken countless studies and has 
appointed numerous working groups to identify ways to improve wounded 
warrior care. Moreover, Congress has rightfully engaged and has held a 
multitude of hearings and initiatives. There has been a lot of review 
internally and a lot of conversation.
  I believe, though, that we need to engage some of the brightest minds 
in our country to gain a new and objective perspective on improving 
care for wounded warriors.
  So this amendment appropriates $20 million to fund an amendment that, 
again, was passed in the FY15 NDAA to provide for an outside, 
independent study to identify challenges confronting the DOD's care of 
wounded warriors and offer specific recommendations to improve that.
  This study, passed in the NDAA, will only be awarded to an entity 
that has received a small percentage--at the very most--of its revenue 
from contracts with the DOD, essentially an outside organization with 
little or no contact or relationship with the DOD or the VA. We are 
really trying to get a fresh set of eyes on this question.
  This study of the Department of Defense's health care for wounded 
warriors is almost identical to the independent study of the VA, 
mandated by H.R. 4810, Chairman Miller's Veteran Access to Care Act, 
which just passed the House last week; so the same set of fresh eyes 
that will be looking at VA care, I believe, need to be focused on the 
Department of Defense care as well.
  This amendment is funded by allocating $20 million from the Navy's 
$14 billion aircraft procurement account, which includes nearly $1 
billion in funding over the Navy's request to purchase 12 EA-18G 
Growler aircraft.
  The Navy requested none of these aircraft in its budget request, and 
it would seem to me that, out of the $14 billion in that procurement, 
with nearly $1 billion in new money for something that wasn't 
requested, we could find $20 million to make sure that the billions of 
dollars that we are spending in DOD health care--particularly for our 
wounded warriors--is spent in the most efficient way and provides the 
absolute best care in the timeliest fashion available.
  That is what this amendment would do. I urge its passage.
  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, while I recognize the gentleman's 
concerns that the wounded warrior care program is effectively and 
efficiently monitored--and perhaps an outside group taking a look at it 
would not be a bad idea in and of itself--but removing $20 million from 
the aircraft procurement account, specifically that Navy account for 
Growlers, is excessive to fund a study that is really unrelated to the 
purpose of that aircraft. There are better ways to fund studies.
  We can request the Government Accountability Office--and our 
committee would be happy to do that--to do a study, one that will 
certainly cost less than $20 million.
  Additionally, the loss of funding for the Growler program will result 
in the loss of an airframe which is critical for the Nation's airborne 
electronic attack mission. We probably need more of these Growlers, 
rather than less.
  So I would be happy to work with the gentleman on finding another 
source for an outside study, and I would be happy to yield to the 
gentleman from Indiana (Mr. Visclosky), the ranking member, for any 
comments that he may care to make.
  Mr. VISCLOSKY. I appreciate the chairman yielding.
  Mr. Chairman, I would reluctantly add my voice to the chair. I 
certainly appreciate the gentleman's concern for wounded warriors, his 
sensitivity, and the fact that he is asking for, if you would, a fresh 
set of eyes.
  The chairman talked about his concerns about the offset. I would 
simply inform my colleagues that we have had a number of studies. The 
Office of Inspector General has completed seven different studies, but 
perhaps more importantly, to the gentleman's point about an independent 
study, is that the Government Accountability Office has also done two.
  I would remind our colleagues that the GAO is a creature of the 
legislative branch and is not captive to the Department of Defense.
  Perhaps the emphasis here--and, again, I appreciate the gentleman's 
concern and what he is trying to get at--is to implement some of the 
findings in these nine studies, particularly the findings from the 
Government Accountability Office on behalf of the legislative branch 
and see that they are implemented.
  Mr. KILDEE. I thank the chairman and the ranking member for their 
comments.
  I will say that, when I speak of a set of fresh eyes--I understand 
the studies that have been done by the GAO and other internal studies, 
and I will acknowledge a certain irony in making the comment because it 
is so often that we hear that we can't be continually looking for 
answers to these difficult questions only from those of us in 
government, that we ought to be taking a look at it from a fresh set of 
eyes that come from outside, from the private sector. I think that that 
would be a great advantage in this case.
  Regarding the offset, I understand and wholly support all of the work 
that we need to do and the investments that we need to make to ensure 
that our military is fully capable.
  I just believe that the same commitment that we have to our own 
protection ought to extend to protecting those who put on the uniform 
of the country and suffer as a result. They ought to get the best care.
  Out of the $970 million increase from what was requested, it would 
seem to me that finding $20 million from that would not be a bridge too 
far.
  I appreciate the comments, and I hope that we can work together on 
finding solutions on this.
  I think Chairman Miller was right in his approach with the VA, and I 
think the same could be said for the DOD, and that is what my amendment 
would do.
  With that, Mr. Chairman, I yield back the balance of my time.
  Mr. FRELINGHUYSEN. I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Michigan (Mr. Kildee).
  The amendment was rejected.
  The Clerk will read.
  The Clerk read as follows:

                       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, 
     $3,111,931,000, to remain available for obligation until 
     September 30, 2017.

            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

[[Page H5461]]

     purposes, $629,372,000, to remain available for obligation 
     until September 30, 2017.

                   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:
       Carrier Replacement Program, $1,289,425,000;
       Virginia Class Submarine, $3,507,175,000;
       Virginia Class Submarine (AP), $2,301,825,000;
       CVN Refueling Overhauls (AP), $491,100,000;
       DDG-1000 Program, $419,532,000;
       DDG-51 Destroyer, $2,655,785,000;
       DDG-51 Destroyer (AP), $134,039,000;
       Littoral Combat Ship, $951,366,000;
       LPD-17 Amphibious Transport Dock, $12,565,000;
       LHA replacement (AP), $29,093,000;
       Moored Training Ship, $737,268,000;
       Moored Training Ship (AP), $64,388,000;
       LCAC Service Life Extension Program, $40,485,000;
       Outfitting, post delivery, conversions, and first 
     destination transportation, $491,797,000; and
       Ship to Shore Connector, $123,233,000;
       For completion of Prior Year Shipbuilding Programs, 
     $1,007,285,000.
       In all: $14,256,361,000, to remain available for obligation 
     until September 30, 2019:  Provided, That additional 
     obligations may be incurred after September 30, 2019, 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, 
     $5,923,379,000, to remain available for obligation until 
     September 30, 2017.

                       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, $927,232,000, 
     to remain available for obligation until September 30, 2017.

                    Aircraft Procurement, Air Force

       For construction, procurement, and modification of aircraft 
     and equipment, including armor and armament, specialized 
     ground handling equipment, and training devices, spare parts, 
     and accessories therefor; specialized equipment; expansion of 
     public and private plants, Government-owned equipment and 
     installation thereof in such plants, erection of structures, 
     and acquisition of land, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     reserve plant and Government and contractor-owned equipment 
     layaway; and other expenses necessary for the foregoing 
     purposes including rents and transportation of things, 
     $12,046,941,000, to remain available for obligation until 
     September 30, 2017.

                     Missile Procurement, Air Force

       For construction, procurement, and modification of 
     missiles, 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, 
     $4,546,211,000, to remain available for obligation until 
     September 30, 2017.

                  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, 
     $648,200,000, to remain available for obligation until 
     September 30, 2017.

                      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, $16,633,023,000, to remain available for obligation 
     until September 30, 2017.

                       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, $4,358,121,000, to remain 
     available for obligation until September 30, 2017.

                              {time}  1745


                  Amendment Offered by Ms. Jackson Lee

  Ms. JACKSON LEE. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will report the amendment.
  The Clerk read as follows:

       Page 29, 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)''.

  The Acting CHAIR. Pursuant to House Resolution 628, the gentlewoman 
from Texas and a Member opposed each will control 5 minutes.
  The Chair recognizes the gentlewoman from Texas.
  Ms. JACKSON LEE. Mr. Chairman, I, again, add my appreciation of the 
chairman and ranking member of the Appropriations Defense Subcommittee 
and add my appreciation of their concern for the health and welfare of 
the men and women of the United States military. Their appropriations 
bill evidences that.
  I thank them again for working with me and their staff for working 
with me on this amendment dealing with increasing the funding for 
breast cancer research by $5 million, offset by a reduction of like 
amount in funding for procurement. Equally important is that this 
amendment has been supported by this committee.
  I would say that my fellow survivors and those in the United States 
military would appreciate the emphasis that we are making on addressing 
this phenomenon of breast cancer. My amendment, as indicated, increases 
the opportunity for research. The American Cancer Society calls several 
strains of breast cancer particularly aggressive subtypes associated 
with a lower survival rate. In this instance, it is called a triple 
negative. But I raise an article that says: ``Fighting a Different 
Battle; Breast Cancer and the Military.''
  This triple negative strain has killed many individuals in a very 
quick manner.
  Mr. VISCLOSKY. Will the gentlewoman yield?
  Ms. JACKSON LEE. I yield to the gentleman from Indiana.
  Mr. VISCLOSKY. I would be happy to express my support for the 
amendment

[[Page H5462]]

and certainly believe there is no objection on behalf of the committee.
  Ms. JACKSON LEE. I thank the ranking member very much. I would like 
to conclude, but I thank you for this support and make this statement 
as I conclude.
  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, and 874 military women were 
diagnosed with breast cancer between 2000 and 2011. According to that 
same study, more are expected as it goes.
  So, in conclusion, let me thank the chairman and the ranking member 
for their focus on this amendment. I will conclude by saying that 
breast cancer is striking relatively young military women at an 
alarming rate, but male servicemembers, veterans, and their dependents, 
are at risk, as well.
  So I ask my colleagues to support this amendment. Again, those of us 
who are survivors recognize that the more research and the more 
intervention, the more lives we can save.
  With that, I ask the committee to support the Jackson Lee amendment, 
and I thank the ranking member and chairman.
  I yield back the balance of my time.
  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, thank you for the opportunity to explain my amendment, 
which is identical to an amendment that I offered and was adopted in 
last year's Defense Appropriations Act (H.R. 2397).
  My amendment increases funding for the Defense Health Program's 
research and development by $5 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.
  The Jackson Lee Amendment, 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. With 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, 
accrording 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.
  So, I am asking that we do the right thing. We are on the right 
track, we're on the right road.
  But with the expansion of women in the military, I can assure you, 
for long life, a vital service that these men and women give, it is 
extremely important to move forward with this amendment.
  Researchers point to a high use of oral contraception that's linked 
to breast cancer among women that would ensure that this particular 
amendment would be a positive step forward.
  I urge my colleagues to support the Jackson Lee Amendment.
  The Acting CHAIR. The question is on the amendment offered by the 
gentlewoman from Texas (Ms. Jackson Lee).
  The amendment was agreed to.
  The Acting CHAIR. The Clerk will read.
  The Clerk read as follows:

                    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. App. 2078, 2091, 2092, and 2093), 
     $51,638,000, to remain available until expended.

                                TITLE IV

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

       For expenses necessary for basic and applied scientific 
     research, development, test and evaluation, including 
     maintenance, rehabilitation, lease, and operation of 
     facilities and equipment, $6,720,000,000, to remain available 
     for obligation until September 30, 2016.

            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, $15,877,770,000, to remain 
     available for obligation until September 30, 2016: Provided, 
     That funds appropriated in this paragraph which are available 
     for the V-22 may be used to meet unique operational 
     requirements of the Special Operations Forces.

         Research, Development, Test and Evaluation, Air Force

       For expenses necessary for basic and applied scientific 
     research, development, test and evaluation, including 
     maintenance, rehabilitation, lease, and operation of 
     facilities and equipment, $23,438,982,000, to remain 
     available for obligation until September 30, 2016.


                   Amendment Offered by Mr. Garamendi

  Mr. GARAMENDI. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will report the amendment.
  The Clerk read as follows:

       Page 31, line 6, after the dollar amount, insert ``(reduced 
     by $15,600,000)''.
       Page 141, line 4, after the dollar amount, insert 
     ``(increased by $15,600,000)''.

  Mr. FRELINGHUYSEN. Mr. Chairman, I reserve a point of order on the 
gentleman's amendment.
  The Acting CHAIR. A point of order is reserved.
  Pursuant to House Resolution 628, the gentleman from California and a 
Member opposed each will control 5 minutes.
  The Chair recognizes the gentleman from California.
  Mr. GARAMENDI. Mr. Chairman, this amendment deals with a profoundly 
important issue that will be before the House of Representatives and 
this Nation for the next three decades at least. This is an amendment 
that deals with the Joint Strike Fighter, the F-35, and the dual 
capability of that fighter, basically meaning how to retrofit or make 
that fighter capable of handling the B-61 nuclear weapon.
  This is a weapon that is principally designed for our allies, to be 
used in Europe. It is a weapon that is now in the process of being 
life-extended at a cost of several billion dollars over the next 
decade.
  The question is, Do we need to revamp the F-35 in such a way as to be 
able to handle both conventional as well as nuclear weapons? This is 
the question before us. It is a question that involves our allies, and 
it is a very, very expensive issue that we must deal with.
  If we just continue on, we will spend billions upon billions of 
dollars on a system that may or may not be desired by our allies around 
the world. We are just pushing our way forward here without really 
considering all of the issues involved.
  This amendment that I brought forth on the floor today is really the 
wake up to this larger issue and the extraordinary expense and the 
ramifications that it has with not only our allies but with potential 
adversaries around the world.
  What I really would like to do is to expand upon a study that has 
already been put into this legislation, a study that Mr. Quigley has 
successfully brought in, and expand upon it so that the report that 
comes back to us be more full, providing more information. We need that 
information in order to make a wise decision here about how we are 
going to proceed.
  This is an issue that the Armed Services Committee is wrestling with, 
as well as, I am certain, the Appropriations Committee. Later in this 
process,

[[Page H5463]]

when we get to the end of this bill, I will have another amendment that 
I will put forward that will fence off this $15 million until such time 
as that report comes in, and I would recommend that that report be more 
full and more complete.
  Mr. Chairman, with that, I yield back the balance of my time.
  Mr. FRELINGHUYSEN. Mr. Chairman, I withdraw my reservation and seek 
the time in opposition to the amendment.
  The Acting CHAIR. The gentleman from New Jersey is recognized for 5 
minutes.
  Mr. FRELINGHUYSEN. It is my understanding the gentleman is going to 
withdraw his amendment. I yield to the gentleman from California.
  Mr. GARAMENDI. That is true. I intend to withdraw my amendment in 
hopes that we could, at the end of the bill, undertake a more full 
report and fence off the $15 million until that comes forward. I am not 
asking for a commitment now, but as we proceed through this bill, if 
the members of the Appropriations Committee, the chair and the ranking 
member specifically, would consider that language, it would be much 
appreciated.
  Mr. FRELINGHUYSEN. Thank you for talking about this very important 
issue. I appreciate it and yield back the balance of my time.
  Mr. GARAMENDI. Mr. Chairman, I ask unanimous consent to withdraw the 
amendment.
  The Acting CHAIR. Is there objection to the request of the gentleman 
from California?
  There was no objection.


                 Amendment No. 5 Offered by Mr. Coffman

  Mr. COFFMAN. 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 6, after the dollar amount, insert ``(reduced 
     by $15,722,000)''.
       Page 141, line 4, after the dollar amount, insert 
     ``(increased by $15,722,000)''.

  The Acting CHAIR. Pursuant to House Resolution 628, the gentleman 
from Colorado and a Member opposed each will control 5 minutes.
  The Chair recognizes the gentleman from Colorado.
  Mr. COFFMAN. Mr. Chairman, this amendment seeks to take $15.7 million 
out of the Air Force research, development, test and evaluation 
account, equal to the amount the Air Force has budgeted for sixth-
generation fighter development, and places those funds into the 
spending reduction account for debt relief.
  Mr. Chairman, this amendment is not about capabilities; it is quite 
simply about priorities. I could understand the need for sixth-
generation fighter development funding had the administration not 
attempted to scrap our military's only dedicated close air support 
platform, the A-10, citing budgetary concerns.
  I could understand the need for sixth-generation fighter development 
funding had the administration not attempted to scrap the U-2, an aging 
but capable aircraft that continues to provide the warfighter with 
actionable intelligence in some of the world's most dangerous areas, 
citing budgetary concerns.
  I could understand the need for sixth-generation fighter development 
funding had the administration not capped America's premier air 
dominance fighter, the fifth-generation F-22 Raptor, at 187 aircraft, 
citing, once again, budgetary concerns.
  And I could understand the need for sixth-generation fighter 
development funding if the F-35 Joint Strike Fighter, a fifth-
generation program I do support, was not admittedly over budget and 
behind schedule.
  Mr. Chairman, our Nation is over $17 trillion in debt and is running 
a budget deficit of over half a billion dollars. As a result, it has 
become almost a cliche to quote Admiral Mullen's warning of our 
national debt as America's greatest threat. That is why I cannot 
support millions of dollars in funding for the Department of Defense to 
begin developing the follow-on to the F-35 when the F-35 itself is 
years away from being operational.
  Mr. Chairman, I urge my fellow Members to support this commonsense 
amendment. By supporting my amendment you will be sending a message to 
the Department of Defense to get its current programs under control and 
its fiscal house in order before asking the American taxpayer to foot 
the bill for any future programs.
  Mr. Chairman, I reserve the balance of my time.
  Mr. VISCLOSKY. Mr. Chairman, I rise in opposition to the amendment.
  The Acting CHAIR (Mr. Woodall). The gentleman from Indiana is 
recognized for 5 minutes.
  Mr. VISCLOSKY. Mr. Chairman, I would point out that while we are at 
the beginning, so to speak, of the production of the F-35, it has 
always inured to the benefit of this country to look to the future, to 
look at the next generation. And when it comes to an examination of 
technology and how it can be used in the defense of this Nation in the 
future, I don't think we should close that door.
  We have a resurgence in China. We have a resurgence in Russia. We 
have problems in the Middle East. We ought not to be taking our oar, if 
you would, out of the water. And so we ought to continue down this 
road. We are not, by doing this initial research, instituting a billion 
or multibillion-dollar procurement program.
  So I am opposed and would be happy to yield to the chairman of the 
subcommittee.

                              {time}  1800

  Mr. FRELINGHUYSEN. I thank the gentleman for yielding.
  It is a small investment which this amendment would eliminate. We 
want to have air superiority for decades to come. It is money that I 
think needs to be kept in there. It would be a great mistake to move 
it. I thank the gentleman for yielding.
  Mr. VISCLOSKY. I appreciate the chairman's remarks.
  I yield back the balance of my time.
  Mr. COFFMAN. 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. Coffman).
  The amendment was rejected.


                    Amendment Offered by Mr. Nugent

  Mr. NUGENT. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will report the amendment.
  The Clerk read as follows:

       Page 31, line 6, after the dollar amount, insert ``(reduced 
     by $10,000,000) (increased by $10,000,000)''.

  The Acting CHAIR. Pursuant to House Resolution 628, the gentleman 
from Florida and a Member opposed each will control 5 minutes.
  The Chair recognizes the gentleman from Florida.
  Mr. NUGENT. Mr. Chairman, the Counter-electronics High Power 
Microwave Missile Project, better known as CHAMP, is an Air Force 
program to disrupt or eliminate an adversary's electronics without 
causing physical damage to facilities or people.
  My amendment would transfer $10 million within the Air Force R&D 
budget from directed energy technology to advanced weapons technology. 
This will move duplicative funds from laboratory development of high-
power microwave technology to integration on a delivery vehicle for 
actual use on the battlefield a decade ahead of schedule.
  The Air Force intends to develop CHAMP for use on a reusable delivery 
vehicle that will be available to combatant commanders in 2025. For a 
small investment of $10 million this year, the Air Force can get CHAMP 
to the combatant commanders on a cruise missile delivery system 18 
months after enactment of this bill, almost a decade ahead of schedule.
  The reason we can do this so quickly and at such a low cost is by 
utilizing unused cruise missiles, just like the ones the Air Force used 
to test CHAMP recently. There is an existing stockpile of cruise 
missiles that have been removed from their original mission and can be 
cost-effectively repurposed as a delivery vehicle for CHAMP. Over the 
next few years, the Air Force has an opportunity to fit CHAMP on a 
proven delivery vehicle already in stock.
  In this window, it is very cheap to make a cruise missile-delivered 
CHAMP system and very expensive for adversaries to defend. The $10 
million my amendment allocates to advanced weapons technology will 
improve the size and weight of the weapon to optimize its performance 
on a cruise missile.
  It is important to note this amendment will ensure that sufficient 
funds

[[Page H5464]]

exist to develop both the short-term cruise missile system and the 
long-term reusable delivery system.
  The offset for this amendment pulls from an increase in another 
directed energy program in the Air Force that is doing duplicative work 
to reduce the size and weight of high-power microwave.
  Instead of just doing lab work, we can do the lab work and get it out 
into the field. As I said, these two programs are doing duplicative 
work, and one is closer to the finish line than the other.
  This is a bipartisan bill. I am happy to have support of the ranking 
member of the Armed Services subcommittee of jurisdiction and cochair 
of the Directed Energy Caucus, Mr. Langevin. The authorization for this 
program increase has been in the National Defense Authorization Act 
since the chairman's mark and was in the bill the House passed earlier 
this year.
  In the Armed Services Committee, we have heard the desire of this 
game-changing technology in testimony from combatant commanders and 
from the Under Secretary of Defense for Acquisition, Technology, and 
Logistics.
  Let's get the warfighter this capability in 18 months by passing this 
simple amendment today.
  I reserve the balance of my time.
  Mr. VISCLOSKY. Mr. Chairman, I rise in opposition to the gentleman's 
amendment.
  The Acting CHAIR. The gentleman from Indiana is recognized for 5 
minutes.
  Mr. VISCLOSKY. Mr. Chairman, I appreciate what the gentleman from 
Florida is putting forth and the position he has taken. I certainly 
believe there is merit, if you would, in the technology.
  As you may know, we have included some very encouraging language in 
the report for this bill, noting our pleasure with the Air Force 
incorporating this type of technology into their nonkinetic 
counterelectronics analysis of alternatives.
  However, we have carefully refrained from prejudicing the Air Force's 
analysis of alternatives by adding funds from one program to another.
  I would like to work with the gentleman further to ensure, again, 
that the technology is given consideration, without prejudicing the 
study undertaken by the Air Force. I do think we ought to give them a 
full breadth of options, so that the best choice can be made on behalf 
of this country.
  I reserve the balance of my time.
  Mr. NUGENT. Mr. Chairman, I thank the gentleman for his 
consideration. What I would like to add to this is that the Air Force 
tested CHAMP on that delivery vehicle--a successful test, as it may 
be--and the testimony from those combatant commanders, the guys in the 
field that actually need it, are saying: hey, I would rather have it in 
18 months than in 2025.
  It is just that simple. We heard testimony with regards to China and 
about Russia. Wouldn't it be better to use these limited funds that we 
have already spent millions of dollars on to develop the process, 
develop the technology, wouldn't it be better today to spend $10 
million to actually get it in the field to support our troops and our 
warfighters? That is our argument.
  While I respect the Air Force, I think what the Air Force has--and 
they are looking at a long-term solution, a reusable vehicle, which I 
support, but I also support those who are out on the front line today. 
I have three kids out on the front line.
  This helps those soldiers, airmen, marines, and sailors with more 
protection. We can do it cheap, and we can do it today, and we can have 
it done in 18 months.
  With that, I yield back the balance of my time.
  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 Florida (Mr. Nugent).
  The amendment was agreed to.
  The Acting CHAIR. The Clerk will read.
  The Clerk read as follows:

        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, $17,077,900,000, to 
     remain available for obligation until September 30, 2016: 
     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.


                    Amendment Offered by Mr. Grayson

  Mr. GRAYSON. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will report the amendment.
  The Clerk read as follows:

       Page 31, line 18, after the dollar amount, insert the 
     following: ``(reduced by $10,000,000)''.
       Page 33, line 11, after the dollar amount, insert the 
     following: ``(increased by $10,000,000)''.
       Page 33, line 19, after the dollar amount insert the 
     following: ``(increased by $10,000,000)''.

  The Acting CHAIR. Pursuant to House Resolution 628, the gentleman 
from Florida and a Member opposed each will control 5 minutes.
  The Chair recognizes the gentleman from Florida.
  Mr. GRAYSON. Mr. Chairman, my amendment would increase funding for 
prostate cancer research under the Defense Health Program by $10 
million.
  This increase would result in a total funding level of $90 million, 
which is still $10 million below what this account was funded at in 
2001, more than a decade ago.
  This amendment passed the House as part of an en bloc amendment last 
year. I hope we will all agree on its passage again this year.
  Mr. FRELINGHUYSEN. Will the gentleman yield?
  Mr. GRAYSON. I yield to the gentleman from New Jersey.
  Mr. FRELINGHUYSEN. We commend you on your focus on prostate cancer 
and appreciate your limited remarks.
  Mr. GRAYSON. I thank the chairman.
  I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Florida (Mr. Grayson).
  The amendment was agreed to.
  The Acting CHAIR. The Clerk will read.
  The Clerk read as follows:

                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, $248,238,000, to remain available for obligation 
     until September 30, 2016.

                                TITLE V

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

       For the Defense Working Capital Funds, $1,334,468,000.

                                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, $31,634,870,000; of which $30,080,563,000 
     shall be for operation and maintenance, of which not to 
     exceed one percent shall remain available for obligation 
     until September 30, 2016, and of which up to $14,582,044,000 
     may be available for contracts entered into under the TRICARE 
     program; of which $308,413,000, to remain available for 
     obligation until September 30, 2017, shall be for 
     procurement; and of which $1,245,894,000, to remain available 
     for obligation until September 30, 2016, 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

[[Page H5465]]

     training, exercises, and humanitarian assistance activities 
     conducted primarily in African nations: Provided further, 
     That of the funds provided under this heading for operation 
     and maintenance, procurement, and research, development, test 
     and evaluation for the Interagency Program Office, the 
     Defense Healthcare Management Systems Modernization (DHMSM) 
     program, and the Defense Medical Information Exchange, not 
     more than 25 percent may be obligated until the Secretary of 
     Defense submits to the Committees on Appropriations of the 
     House of Representatives and the Senate, and such Committees 
     approve, a plan for expenditure that describes: (1) the 
     status of the final request for proposal for DHMSM and how 
     the program office used comments received from industry from 
     draft requests for proposal to refine the final request for 
     proposal; (2) any changes to the deployment timeline, 
     including benchmarks, for full operating capability; (3) any 
     refinements to the cost estimate for full operating 
     capability and the total life cycle cost of the project; (4) 
     an assurance that the acquisition strategy will comply with 
     the acquisition rules, requirements, guidelines, and systems 
     acquisition management practices of the Federal Government; 
     (5) the status of the effort to achieve interoperability 
     between the electronic health record systems of the 
     Department of Defense and the Department of Veterans Affairs, 
     including the scope, cost, schedule, mapping to health data 
     standards, and performance benchmarks of the interoperable 
     record; and (6) the progress toward developing, implementing, 
     and fielding the interoperable electronic health record 
     throughout the two Departments' medical facilities.


                     Amendment Offered by Mr. Holt

  Mr. HOLT. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will report the amendment.
  The Clerk read as follows:

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

  The Acting CHAIR. Pursuant to House Resolution 628, the gentleman 
from New Jersey and a Member opposed each will control 5 minutes.
  The Chair recognizes the gentleman from New Jersey.
  Mr. HOLT. Mr. Chairman, I rise to offer an amendment to address 
another facet of a national tragedy, the epidemic of suicide among our 
soldiers and veterans.
  In March of this year, zero U.S. troops died in combat. In that same 
month, almost 700 soldiers and veterans died at their own hand.
  This bill, the bill that is before us today, takes enormous strides 
to treat mental health problems underlying this epidemic. It provides 
tens of millions of dollars for therapy, outreach, and peer-to-peer 
support. For that, the chairman and the ranking member and all of the 
committee members have my sincere praise and gratitude.
  Suicide and the decision to take one's own life is complex and often 
mysterious, but we err if we think suicide is only a mental health 
problem. In truth, suicide is often the desperate act of a soldier or 
veteran in a desperate situation. One important component of that 
desperation is financial stress.
  My amendment has been endorsed by the American Foundation for Suicide 
Prevention and would set aside $1 million to study these issues to 
improve our understanding of the links between financial stress, 
financial abuse, and military suicide and to generate recommendations 
to fix these interlinked problems.
  A few years ago, Army Sergeant Angelo Stevens was living with 
$100,000 of debt. He had just been told that, because of his 
deteriorating finances, he was at risk of losing his security 
clearance. If he lost his clearance, he would lose his job, which would 
make his debt even more unmanageable.
  Sergeant Stevens met with a military financial planner. He left 
feeling hopeless and humiliated. He told a reporter:

       I walked out thinking, ``If I'm dead, my family can get 
     $500,000 in life insurance, but I have to kill myself.''

  Sergeant Stevens ultimately found help and survived, but he was far 
from alone in his desperation.
  Mr. VISCLOSKY. Will the gentleman yield?
  Mr. HOLT. I am happy to yield to the gentleman.
  Mr. VISCLOSKY. I appreciate the gentleman's concern and his focus, as 
far as the problems that financial stress causes, and the additional $1 
million and certainly believe it would be a good addition to the bill. 
I think I speak on behalf of the committee, as far as accepting the 
gentleman's amendment.
  Mr. HOLT. I appreciate the gentleman's comments, and I can certainly 
sum up quickly to say that I think it is important that we understand 
how effectively suicide prevention programs at the Department of 
Defense, the VA, and the Consumer Financial Protection Bureau are 
working together and how they can work together better.
  This is a serious national problem. This is one component of that 
problem, and I thank the gentleman. Again, I commend everyone on the 
subcommittee for the attention they are paying this year to this 
important problem.
  Mr. Chairman, I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from New Jersey (Mr. Holt).
  The amendment was agreed to.


                   Amendment Offered by Mr. Langevin

  Mr. LANGEVIN. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will report the amendment.
  The Clerk read as follows:

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

  The Acting CHAIR. Pursuant to House Resolution 628, the gentleman 
from Rhode Island and a Member opposed each will control 5 minutes.
  The Chair recognizes the gentleman from Rhode Island.

                              {time}  1815

  Mr. LANGEVIN. Mr. Chairman, first of all, I rise to offer a very 
simple amendment to direct the Assistant Secretary of Defense for 
Health Affairs to increase individual grant amounts issued through the 
Spinal Cord Injury Research Program.
  I would like to begin, of course, by thanking Chairman Frelinghuysen 
as well as Ranking Member Visclosky for their work on the underlying 
bill and for their continued commitment to funding the Spinal Cord 
Injury Research Program.
  As someone who has suffered a spinal cord injury at the age of 16, I 
am acutely aware of how important this research is to the millions of 
servicemembers and civilians who suffer from various forms of paralysis 
and other conditions related to spinal cord injury. They simply want to 
know whether they will ever again be able to move, be able to walk, or 
even be able to breathe on their own.
  I am thrilled to say that we are beginning to see meaningful answers 
in a positive way to these questions. Research into spinal cord 
injuries is producing, right now, a wealth of groundbreaking 
discoveries that are making treatment protocols never before envisioned 
an actual achievable goal. However, if we want these advancements to 
continue, particularly in the areas of translational research, then we 
must make sure that we are providing higher grant award levels to the 
researchers funded by the Spinal Cord Injury Program.
  I say this because we have heard from researchers in the field of 
spinal cord injury research that the current grant awards, though 
meaningful, the ones that are issued to the program are not yet really 
large enough to make an appreciable difference, given the promise that 
the research shows right now.
  So in the fiscal year 2013 appropriations measure, I was proud to 
work with the Defense Appropriations Committee to double the funding 
for the Spinal Cord Injury Research Program from $15 to $30 million; 
and thanks to the hard work of Chairman Frelinghuysen as well as 
Ranking Member Visclosky, we have been able to maintain that funding 
level in this bill. I am incredibly grateful.
  With twice the amount of funding allocated since 2013, it is time to 
increase the amount of individual grants provided to the program's 
recipients. Remarkable advancements are now ripe for further 
development, but these next steps will only be achieved if the grant 
awards keep pace with the growing complexities and costs of this 
research.
  With that, I thank, again, Chairman Frelinghuysen as well as Ranking 
Member Visclosky. I urge my colleagues to adopt this amendment.

[[Page H5466]]

  Mr. FRELINGHUYSEN. Will the gentleman yield?
  Mr. LANGEVIN. I yield to the gentleman from New Jersey.
  Mr. FRELINGHUYSEN. I know all members of our committee appreciate 
your advocacy and obviously your special knowledge and view of spinal 
cord injuries. We don't get involved in the process of funding grants, 
but when you brought to our attention the fact that maybe larger sums 
within the grants might expedite some of the exciting things that are 
happening, it seemed to make sense to us, so I very much am in line 
with the amendment that you put forward.
  Mr. VISCLOSKY. Will the gentleman yield?
  Mr. LANGEVIN. I yield to the gentleman from Indiana.
  Mr. VISCLOSKY. I would add my voice to the chairman's, and what I 
found most heartening is the hope that there is going to be success. 
Because often we want to see the success, but you certainly have made 
me hopeful that if we made the proper investment and have the 
appropriate levels of funding for the grants, we can see improvement, 
and for that I thank you very much.
  Mr. LANGEVIN. I thank the ranking member. I thank both the gentlemen 
for their comments, their support of this research.
  When I was injured 34 years ago, I was told that I would never walk 
again, that spinal cord injury repair was just too difficult, it would 
never happen. We know now, because of research that is happening over 
the years by dedicated researchers and where we are right now, that it 
is no longer a question of if but when people with spinal cord injuries 
will walk again, be able to breathe on their own again, and be able to 
move again.
  The support you have given to this amendment is going to help 
millions of people. I thank both the chairman and, again, the ranking 
member as well as the members of the committee.
  Mr. Chair, with that, I again just want to express my deep 
appreciation for the hard work that went into this bill. Of course 
maintaining the current funding level at $30 million in this program 
and the support of both Jim Frelinghuysen and Ranking Member Visclosky 
encouraging larger grant awards, I know that this will make a 
difference. Just hearing from the researchers in the field explaining 
why and how the larger awards would make this difference, I know that 
we will be seeing results very soon.
  With that, 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.
  The Acting CHAIR. The Clerk will read.
  The Clerk read as follows:

           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, $828,868,000, of which $222,728,000 shall 
     be for operation and maintenance, of which no less than 
     $52,102,000 shall be for the Chemical Stockpile Emergency 
     Preparedness Program, consisting of $21,016,000 for 
     activities on military installations and $31,086,000, to 
     remain available until September 30, 2016, to assist State 
     and local governments; $10,227,000 shall be for procurement, 
     to remain available until September 30, 2017, of which 
     $3,225,000 shall be for the Chemical Stockpile Emergency 
     Preparedness Program to assist State and local governments; 
     and $595,913,000, to remain available until September 30, 
     2016, shall be for research, development, test and 
     evaluation, of which $575,808,000 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, $944,687,000, of which $669,631,000 
     shall be for counter-narcotics support; $105,591,000 shall be 
     for the drug demand reduction program; and $169,465,000 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.

             Joint Improvised Explosive Device Defeat Fund

                     (including transfer of funds)

       For the ``Joint Improvised Explosive Device Defeat Fund'', 
     $65,464,000, to remain available until September 30, 2017: 
     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.

                    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, $311,830,000, of which 
     $310,830,000 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 $1,000,000, to 
     remain available until September 30, 2017, shall be for 
     procurement.

            Support for International Sporting Competitions

       For logistical and security support for international 
     sporting competitions (including pay and non-travel related 
     allowances only for members of the Reserve Components of the 
     Armed Forces of the United States called or ordered to active 
     duty in connection with providing such support), $10,000,000, 
     to remain available until expended.

                               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, $501,194,000.


                     Amendment Offered by Mr. Holt

  Mr. HOLT. Mr. Chair, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will report the amendment.
  The Clerk read as follows:

       Page 39, line 12, after the dollar amount, insert 
     ``(reduced by $2,000,000) (increased by $2,000,000)''.

  The Acting CHAIR. Pursuant to House Resolution 628, the gentleman 
from New Jersey and a Member opposed each will control 5 minutes.
  The Chair recognizes the gentleman from New Jersey.
  Mr. HOLT. Mr. Chairman, let me begin by thanking Chairman 
Frelinghuysen and Ranking Member Visclosky for their cooperation in 
preparing this commonsense amendment.
  My amendment would carve out $2 million within the $504 million 
intelligence community management account and allocate it to the 
intelligence community whistleblowing and source protection 
directorate, which is a component of the Office of the Inspector 
General of the intelligence community.
  Currently, this directorate is literally a one-man operation. Now, 
the intelligence community is a closed, secretive community. It is 
different from almost all other agencies this Congress deals with. Only 
from workers within these programs are we likely to learn about 
improprieties. Given the fact

[[Page H5467]]

that there are tens of thousands of Federal employees and contractors 
who work for the intelligence community elements, it is not realistic 
to expect the IC inspector general to be able to receive and 
investigate effectively any and all valid complaints from conscientious 
internal whistleblowers through a single investigator, no matter how 
talented that investigator may be. This $2 million reallocation of 
funds will help the community whistleblowing and source protection 
directorate hire more needed additional investigators and support staff 
and will fund outreach and education efforts across the intelligence 
community.
  For our system of oversight of the intelligence community to work 
properly, it is vital that all employees and contractors know where and 
how they can report lawfully potential incidents of waste, fraud, 
abuse, criminal conduct, or whistleblower retaliation. So this 
directorate can truly become that place only if it has sufficient 
resources. I see this as a step in that direction. This amendment will 
ensure that they have resources to respond to legitimate concerns.
  Mr. VISCLOSKY. Will the gentleman yield?
  Mr. HOLT. I yield to the gentleman from Indiana.
  Mr. VISCLOSKY. I am always cautious about people who have suggested 
in the past that we would balance the budget if we eliminated waste, 
fraud, and abuse. But the gentleman is correct; there are occurrences 
of waste, fraud, abuse, or inefficiencies.
  The investment the gentleman is talking about I think is a wise one, 
to make sure that we do protect the taxpayer's dollar, ferret out those 
monies that are ill spent to make sure it doesn't happen again, and to 
make sure that those who are doing the right thing are protected in the 
performance of their duty on behalf of the Government of the United 
States.
  So I appreciate the gentleman's amendment.
  Mr. HOLT. I thank the gentleman.
  If I may make one comment in response to the ranking member and then 
yield to the chairman, there has been a lot of concern in this House 
about people going public with concerns about activities in the 
intelligence community, and we should want them to have a reliable 
channel through which they can lawfully express their concerns about 
criminal activity, about whistleblower retaliation or waste, fraud, and 
abuse. This office, underfunded as it currently is, is the official 
place for them to go, and we should make it more accessible.
  Mr. FRELINGHUYSEN. Will the gentleman yield?
  Mr. HOLT. I would be pleased to yield to the gentleman from New 
Jersey.
  Mr. FRELINGHUYSEN. Thank you for yielding.
  Our committee has long supported whistleblower protections. May I 
commend you on your two amendments today. You have got two in the win 
column and none in the loss column.
  Mr. HOLT. I thank the gentleman, and 2 and 0 in this soccer day is 
probably a pretty good score.
  So with that, I yield back the balance of my time with thanks to the 
chair and ranking member.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from New Jersey (Mr. Frelinghuysen).
  The amendment was agreed to.
  The Acting CHAIR. The Clerk will read.
  The Clerk read as follows:

                               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 $5,000,000,000 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, 2015: 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 or are 
     less than 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 2015: 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.

                          (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

[[Page H5468]]

     ``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. Except in amounts equal to the amounts 
     appropriated to working capital funds in this Act, no 
     obligations may be made against a working capital fund to 
     procure or increase the value of war reserve material 
     inventory, unless the Secretary of Defense has notified the 
     Congress prior to any such obligation.
       Sec. 8009.  Funds appropriated by this Act may not be used 
     to initiate a special access program without prior 
     notification 30 calendar days in advance to the congressional 
     defense committees.
       Sec. 8010.  None of the funds provided in this Act shall be 
     available to initiate: (1) a multiyear contract that employs 
     economic order quantity procurement in excess of $20,000,000 
     in any one year of the contract or that includes an unfunded 
     contingent liability in excess of $20,000,000; or (2) a 
     contract for advance procurement leading to a multiyear 
     contract that employs economic order quantity procurement in 
     excess of $20,000,000 in any one year, unless the 
     congressional defense committees have been notified at least 
     30 days in advance of the proposed contract award: Provided, 
     That no part of any appropriation contained in this Act shall 
     be available to initiate a multiyear contract for which the 
     economic order quantity advance procurement is not funded at 
     least to the limits of the Government's liability: Provided 
     further, That no part of any appropriation contained in this 
     Act shall be available to initiate multiyear procurement 
     contracts for any systems or component thereof if the value 
     of the multiyear contract would exceed $500,000,000 unless 
     specifically provided in this Act: Provided further, That no 
     multiyear procurement contract can be terminated without 10-
     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 2015, 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 2016 budget request for the Department 
     of Defense as well as all justification material and other 
     documentation supporting the fiscal year 2016 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 2016.
       (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 in the current fiscal year or any fiscal year 
     hereafter 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

[[Page H5469]]

     and any subcontract at any tier for acquisition of commercial 
     items produced or manufactured, in whole or in part, by any 
     subcontractor or supplier defined in section 1544 of title 
     25, United States Code, or a small business owned and 
     controlled by an individual or individuals defined under 
     section 4221(9) of title 25, United States Code.
       Sec. 8020.  Funds appropriated by this Act for the Defense 
     Media Activity shall not be used for any national or 
     international political or psychological activities.
       Sec. 8021.  During the current fiscal year, the Department 
     of Defense is authorized to incur obligations of not to 
     exceed $350,000,000 for purposes specified in section 
     2350j(c) of title 10, United States Code, in anticipation of 
     receipt of contributions, only from the Government of Kuwait, 
     under that section: Provided, That upon receipt, such 
     contributions from the Government of Kuwait shall be credited 
     to the appropriations or fund which incurred such 
     obligations.
       Sec. 8022. (a) Of the funds made available in this Act, not 
     less than $39,500,000 shall be available for the Civil Air 
     Patrol Corporation, of which--
       (1) $27,400,000 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) $10,400,000 shall be available from ``Aircraft 
     Procurement, Air Force''; and
       (3) $1,700,000 shall be available from ``Other Procurement, 
     Air Force'' for vehicle procurement.
       (b) The Secretary of the Air Force should waive 
     reimbursement for any funds used by the Civil Air Patrol for 
     counter-drug activities in support of Federal, State, and 
     local government agencies.
       Sec. 8023. (a) None of the funds appropriated in this Act 
     are available to establish a new Department of Defense 
     (department) federally funded research and development center 
     (FFRDC), either as a new entity, or as a separate entity 
     administrated by an organization managing another FFRDC, or 
     as a nonprofit membership corporation consisting of a 
     consortium of other FFRDCs and other nonprofit entities.
       (b) No member of a Board of Directors, Trustees, Overseers, 
     Advisory Group, Special Issues Panel, Visiting Committee, or 
     any similar entity of a defense FFRDC, and no paid consultant 
     to any defense FFRDC, except when acting in a technical 
     advisory capacity, may be compensated for his or her services 
     as a member of such entity, or as a paid consultant by more 
     than one FFRDC in a fiscal year: Provided, That a member of 
     any such entity referred to previously in this subsection 
     shall be allowed travel expenses and per diem as authorized 
     under the Federal Joint Travel Regulations, when engaged in 
     the performance of membership duties.
       (c) Notwithstanding any other provision of law, none of the 
     funds available to the department from any source during 
     fiscal year 2015 may be used by a defense FFRDC, through a 
     fee or other payment mechanism, for construction of new 
     buildings, for payment of cost sharing for projects funded by 
     Government grants, for absorption of contract overruns, or 
     for certain charitable contributions, not to include employee 
     participation in community service and/or development.
       (d) Notwithstanding any other provision of law, of the 
     funds available to the department during fiscal year 2015, 
     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 2016 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 $40,000,000.
       Sec. 8024.  None of the funds appropriated or made 
     available in this Act shall be used to procure carbon, alloy, 
     or armor steel plate for use in any Government-owned facility 
     or property under the control of the Department of Defense 
     which were not melted and rolled in the United States or 
     Canada: Provided, That these procurement restrictions shall 
     apply to any and all Federal Supply Class 9515, American 
     Society of Testing and Materials (ASTM) or American Iron and 
     Steel Institute (AISI) specifications of carbon, alloy or 
     armor steel plate: Provided further, That the Secretary of 
     the military department responsible for the procurement may 
     waive this restriction on a case-by-case basis by certifying 
     in writing to the Committees on Appropriations of the House 
     of Representatives and the Senate that adequate domestic 
     supplies are not available to meet Department of Defense 
     requirements on a timely basis and that such an acquisition 
     must be made in order to acquire capability for national 
     security purposes: Provided further, That these restrictions 
     shall not apply to contracts which are in being as of the 
     date of the enactment of this Act.
       Sec. 8025.  For the purposes of this Act, the term 
     ``congressional defense committees'' means the Armed Services 
     Committee of the House of Representatives, the Armed Services 
     Committee of the Senate, the Subcommittee on Defense of the 
     Committee on Appropriations of the Senate, and the 
     Subcommittee on Defense of the Committee on Appropriations of 
     the House of Representatives.
       Sec. 8026.  During the current fiscal year, the Department 
     of Defense may acquire the modification, depot maintenance 
     and repair of aircraft, vehicles and vessels as well as the 
     production of components and other Defense-related articles, 
     through competition between Department of Defense depot 
     maintenance activities and private firms: Provided, That the 
     Senior Acquisition Executive of the military department or 
     Defense Agency concerned, with power of delegation, shall 
     certify that successful bids include comparable estimates of 
     all direct and indirect costs for both public and private 
     bids: Provided further, That Office of Management and Budget 
     Circular A-76 shall not apply to competitions conducted under 
     this section.
       Sec. 8027. (a)(1) If the Secretary of Defense, after 
     consultation with the United States Trade Representative, 
     determines that a foreign country which is party to an 
     agreement described in paragraph (2) has violated the terms 
     of the agreement by discriminating against certain types of 
     products produced in the United States that are covered by 
     the agreement, the Secretary of Defense shall rescind the 
     Secretary's blanket waiver of the Buy American Act with 
     respect to such types of products produced in that foreign 
     country.
       (2) An agreement referred to in paragraph (1) is any 
     reciprocal defense procurement memorandum of understanding, 
     between the United States and a foreign country pursuant to 
     which the Secretary of Defense has prospectively waived the 
     Buy American Act for certain products in that country.
       (b) The Secretary of Defense shall submit to the Congress a 
     report on the amount of Department of Defense purchases from 
     foreign entities in fiscal year 2015. 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. (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 2016 budget request for the Department 
     of Defense as well as all justification material and other 
     documentation

[[Page H5470]]

     supporting the fiscal year 2016 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 2016 
     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. 8032.  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, 2016: 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, 2016.
       Sec. 8033.  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. 8034.  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. 8035. (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. 8036.  None of the funds appropriated by this Act 
     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. 8037. (a) Except as provided in subsections (b) and 
     (c), none of the funds made available by this Act may be 
     used--
       (1) to establish a field operating agency; or
       (2) to pay the basic pay of a member of the Armed Forces or 
     civilian employee of the department who is transferred or 
     reassigned from a headquarters activity if the member or 
     employee's place of duty remains at the location of that 
     headquarters.
       (b) The Secretary of Defense or Secretary of a military 
     department may waive the limitations in subsection (a), on a 
     case-by-case basis, if the Secretary determines, and 
     certifies to the Committees on Appropriations of the House of 
     Representatives and the Senate that the granting of the 
     waiver will reduce the personnel requirements or the 
     financial requirements of the department.
       (c) This section does not apply to--
       (1) field operating agencies funded within the National 
     Intelligence Program;
       (2) an Army field operating agency established to 
     eliminate, mitigate, or counter the effects of improvised 
     explosive devices, and, as determined by the Secretary of the 
     Army, other similar threats;
       (3) an Army field operating agency established to improve 
     the effectiveness and efficiencies of biometric activities 
     and to integrate common biometric technologies throughout the 
     Department of Defense; or
       (4) an Air Force field operating agency established to 
     administer the Air Force Mortuary Affairs Program and 
     Mortuary Operations for the Department of Defense and 
     authorized Federal entities.
       Sec. 8038. (a) None of the funds appropriated by this Act 
     shall be available to convert to contractor performance an 
     activity or function of the Department of Defense that, on or 
     after the date of the enactment of this Act, is performed by 
     Department of Defense civilian employees unless--
       (1) the conversion is based on the result of a public-
     private competition that includes a most efficient and cost 
     effective organization plan developed by such activity or 
     function;
       (2) the Competitive Sourcing Official determines that, over 
     all performance periods stated in the solicitation of offers 
     for performance of the activity or function, the cost of 
     performance of the activity or function by a contractor would 
     be less costly to the Department of Defense by an amount that 
     equals or exceeds the lesser of--
       (A) 10 percent of the most efficient organization's 
     personnel-related costs for performance of that activity or 
     function by Federal employees; or
       (B) $10,000,000; and
       (3) the contractor does not receive an advantage for a 
     proposal that would reduce costs for the Department of 
     Defense by--
       (A) not making an employer-sponsored health insurance plan 
     available to the workers who are to be employed in the 
     performance of that activity or function under the contract; 
     or
       (B) offering to such workers an employer-sponsored health 
     benefits plan that requires the employer to contribute less 
     towards the premium or subscription share than the amount 
     that is paid by the Department of Defense for health benefits 
     for civilian employees under chapter 89 of title 5, United 
     States Code.
       (b)(1) The Department of Defense, without regard to 
     subsection (a) of this section or subsection (a), (b), or (c) 
     of section 2461 of title 10, United States Code, and 
     notwithstanding any administrative regulation, requirement, 
     or policy to the contrary shall have full authority to enter 
     into a contract for the performance of any commercial or 
     industrial type function of the Department of Defense that--
       (A) is included on the procurement list established 
     pursuant to section 2 of the Javits-Wagner-O'Day Act (section 
     8503 of title 41, United States Code);
       (B) is planned to be converted to performance by a 
     qualified nonprofit agency for the blind or by a qualified 
     nonprofit agency for other severely handicapped individuals 
     in accordance with that Act; or
       (C) is planned to be converted to performance by a 
     qualified firm under at least 51 percent ownership by an 
     Indian tribe, as defined in section 4(e) of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 
     450b(e)), or a Native Hawaiian Organization, as defined in 
     section 8(a)(15) of the Small Business Act (15 U.S.C. 
     637(a)(15)).
       (2) This section shall not apply to depot contracts or 
     contracts for depot maintenance as provided in sections 2469 
     and 2474 of title 10, United States Code.
       (c) The conversion of any activity or function of the 
     Department of Defense under the authority provided by this 
     section shall be credited toward any competitive or 
     outsourcing goal, target, or measurement that may be 
     established by statute, regulation, or policy and is deemed 
     to be awarded under the authority of, and in compliance with, 
     subsection (h) of section 2304 of title 10, United States 
     Code, for the competition or outsourcing of commercial 
     activities.

                             (rescissions)

       Sec. 8039.  Of the funds appropriated in Department of 
     Defense Appropriations Acts, the following funds are hereby 
     rescinded from the following accounts and programs in the 
     specified amounts:
       ``Aircraft Procurement, Army'', 2013/2015, $27,000,000;
       ``Weapons and Tracked Combat Vehicles, Army'', 2013/2015, 
     $5,000,000;
       ``Other Procurement, Army'', 2013/2015, $30,000,000;
       ``Aircraft Procurement, Navy'', 2013/2015, $47,200,000;
       ``Weapons Procurement, Navy'', 2013/2015, $27,000,000;
       ``Aircraft Procurement, Air Force'', 2013/2015, 
     $71,100,000;
       ``Missile Procurement, Air Force'', 2013/2015, $13,800,000;
       ``Other Procurement, Army'', 2014/2016, $200,000,000;
       ``Aircraft Procurement, Navy'', 2014/2016, $171,622,000;
       ``Weapons Procurement, Navy'', 2014/2016, $91,436,000;
       ``Other Procurement, Navy'', 2014/2016, $1,505,000;
       ``Aircraft Procurement, Air Force'', 2014/2016, 
     $47,400,000;
       ``Missile Procurement, Air Force'', 2014/2016, 
     $121,185,000;

[[Page H5471]]

       ``Research, Development, Test and Evaluation, Army'', 2014/
     2015, $5,000,000; and
       ``Research, Development, Test and Evaluation, Navy'', 2014/
     2015, $105,400,000:

      Provided, That no amounts may be canceled 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.
       Sec. 8040.  None of the funds available in this Act may be 
     used to reduce the authorized positions for military 
     technicians (dual status) of the Army National Guard, Air 
     National Guard, Army Reserve and Air Force Reserve for the 
     purpose of applying any administratively imposed civilian 
     personnel ceiling, freeze, or reduction on military 
     technicians (dual status), unless such reductions are a 
     direct result of a reduction in military force structure.
       Sec. 8041.  None of the funds appropriated or otherwise 
     made available in this Act may be obligated or expended for 
     assistance to the Democratic People's Republic of Korea 
     unless specifically appropriated for that purpose.
       Sec. 8042.  Funds appropriated in this Act for operation 
     and maintenance of the Military Departments, Combatant 
     Commands and Defense Agencies shall be available for 
     reimbursement of pay, allowances and other expenses which 
     would otherwise be incurred against appropriations for the 
     National Guard and Reserve when members of the National Guard 
     and Reserve provide intelligence or counterintelligence 
     support to Combatant Commands, Defense Agencies and Joint 
     Intelligence Activities, including the activities and 
     programs included within the National Intelligence Program 
     and the Military Intelligence Program: Provided, That nothing 
     in this section authorizes deviation from established Reserve 
     and National Guard personnel and training procedures.
       Sec. 8043.  During the current fiscal year, none of the 
     funds appropriated in this Act may be used to reduce the 
     civilian medical and medical support personnel assigned to 
     military treatment facilities below the September 30, 2003, 
     level: Provided, That the Service Surgeons General may waive 
     this section by certifying to the congressional defense 
     committees that the beneficiary population is declining in 
     some catchment areas and civilian strength reductions may be 
     consistent with responsible resource stewardship and 
     capitation-based budgeting.
       Sec. 8044. (a) None of the funds available to the 
     Department of Defense for any fiscal year for drug 
     interdiction or counter-drug activities may be transferred to 
     any other department or agency of the United States except as 
     specifically provided in an appropriations law.
       (b) None of the funds available to the Central Intelligence 
     Agency for any fiscal year for drug interdiction or counter-
     drug activities may be transferred to any other department or 
     agency of the United States except as specifically provided 
     in an appropriations law.
       Sec. 8045.  None of the funds appropriated by this Act may 
     be used for the procurement of ball and roller bearings other 
     than those produced by a domestic source and of domestic 
     origin: Provided, That the Secretary of the military 
     department responsible for such procurement may waive this 
     restriction on a case-by-case basis by certifying in writing 
     to the Committees on Appropriations of the House of 
     Representatives and the Senate, that adequate domestic 
     supplies are not available to meet Department of Defense 
     requirements on a timely basis and that such an acquisition 
     must be made in order to acquire capability for national 
     security purposes: Provided further, That this restriction 
     shall not apply to the purchase of ``commercial items'', as 
     defined by section 4(12) of the Office of Federal Procurement 
     Policy Act, except that the restriction shall apply to ball 
     or roller bearings purchased as end items.
       Sec. 8046.  None of the funds in this Act may be used to 
     purchase any supercomputer which is not manufactured in the 
     United States, unless the Secretary of Defense certifies to 
     the congressional defense committees that such an acquisition 
     must be made in order to acquire capability for national 
     security purposes that is not available from United States 
     manufacturers.
       Sec. 8047.  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 the Department of Defense 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. 8048. (a) Notwithstanding any other provision of law, 
     none of the funds available to the Department of Defense for 
     the current fiscal year may be obligated or expended to 
     transfer to another nation or an international organization 
     any defense articles or services (other than intelligence 
     services) for use in the activities described in subsection 
     (b) unless the congressional defense committees, the 
     Committee on Foreign Affairs of the House of Representatives, 
     and the Committee on Foreign Relations of the Senate are 
     notified 15 days in advance of such transfer.
       (b) This section applies to--
       (1) any international peacekeeping or peace-enforcement 
     operation under the authority of chapter VI or chapter VII of 
     the United Nations Charter under the authority of a United 
     Nations Security Council resolution; and
       (2) any other international peacekeeping, peace-
     enforcement, or humanitarian assistance operation.
       (c) A notice under subsection (a) shall include the 
     following:
       (1) A description of the equipment, supplies, or services 
     to be transferred.
       (2) A statement of the value of the equipment, supplies, or 
     services to be transferred.
       (3) In the case of a proposed transfer of equipment or 
     supplies--
       (A) a statement of whether the inventory requirements of 
     all elements of the Armed Forces (including the reserve 
     components) for the type of equipment or supplies to be 
     transferred have been met; and
       (B) a statement of whether the items proposed to be 
     transferred will have to be replaced and, if so, how the 
     President proposes to provide funds for such replacement.
       Sec. 8049.  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. 8050.  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. 8051.  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. 8052. (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. 8053.  Using funds made available by this Act or any 
     other Act, the Secretary of the Air Force, pursuant to a 
     determination under section 2690 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 will include the use of United 
     States anthracite 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 United States coal as 
     an energy source.
       Sec. 8054.  None of the funds appropriated in title IV of 
     this Act may be used to procure

[[Page H5472]]

     end-items for delivery to military forces for operational 
     training, operational use or inventory requirements: 
     Provided, That this restriction does not apply to end-items 
     used in development, prototyping, and test activities 
     preceding and leading to acceptance for operational use: 
     Provided further, That this restriction does not apply to 
     programs funded within the National Intelligence Program: 
     Provided further, That the Secretary of Defense may waive 
     this restriction on a case-by-case basis by certifying in 
     writing to the Committees on Appropriations of the House of 
     Representatives and the Senate that it is in the national 
     security interest to do so.
       Sec. 8055. (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 
     11 (chapters 50-65) of the Harmonized Tariff Schedule 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. 8056. (a) In General.--(1) None of the funds made 
     available by this Act may be used for any training, 
     equipment, or other assistance for the members of a unit of a 
     foreign security force if the Secretary of Defense has 
     credible information that the unit has committed a gross 
     violation of human rights.
       (2) The Secretary of Defense, in consultation with the 
     Secretary of State, shall ensure that prior to a decision to 
     provide any training, equipment, or other assistance to a 
     unit of a foreign security force full consideration is given 
     to any credible information available to the Department of 
     State relating to human rights violations by such unit.
       (b) Exception.--The prohibition in subsection (a)(1) shall 
     not apply if the Secretary of Defense, after consultation 
     with the Secretary of State, determines that the government 
     of such country has taken all necessary corrective steps, or 
     if the equipment or other assistance is necessary to assist 
     in disaster relief operations or other humanitarian or 
     national security emergencies.
       (c) Waiver.--The Secretary of Defense, after consultation 
     with the Secretary of State, may waive the prohibition in 
     subsection (a)(1) if the Secretary of Defense determines that 
     such waiver is required by extraordinary circumstances.
       (d) Procedures.--The Secretary of Defense shall establish, 
     and periodically update, procedures to ensure that any 
     information in the possession of the Department of Defense 
     about gross violations of human rights by units of foreign 
     security forces is shared on a timely basis with the 
     Department of State.
       (e) Report.--Not more than 15 days after the application of 
     any exception under subsection (b) or the exercise of any 
     waiver under subsection (c), the Secretary of Defense shall 
     submit to the appropriate congressional committees a report--
       (1) in the case of an exception under subsection (b), 
     providing notice of the use of the exception and stating the 
     grounds for the exception; and
       (2) in the case of a waiver under subsection (c), 
     describing the information relating to the gross violation of 
     human rights; the extraordinary or other circumstances that 
     necessitate the waiver; the purpose and duration of the 
     training, equipment, or other assistance; and the United 
     States forces and the foreign security force unit involved.
       (f) Definition.--For purposes of this section the term 
     ``appropriate congressional committees'' means the 
     congressional defense committees and the Committees on 
     Appropriations.
       Sec. 8057.  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. 8058.  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. 8059.  The Secretary of Defense shall provide a 
     classified quarterly report beginning 30 days after enactment 
     of this Act, to the House and Senate Appropriations 
     Committees, Subcommittees on Defense on certain matters as 
     directed in the classified annex accompanying this Act.
       Sec. 8060.  During the current fiscal year, none of the 
     funds available to the Department of Defense may be used to 
     provide support to another department or agency of the United 
     States if such department or agency is more than 90 days in 
     arrears in making payment to the Department of Defense for 
     goods or services previously provided to such department or 
     agency on a reimbursable basis: Provided, That this 
     restriction shall not apply if the department is authorized 
     by law to provide support to such department or agency on a 
     nonreimbursable basis, and is providing the requested support 
     pursuant to such authority: 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. 8061.  Notwithstanding section 12310(b) of title 10, 
     United States Code, a Reserve who is a member of the National 
     Guard serving on full-time National Guard duty under section 
     502(f) of title 32, United States Code, may perform duties in 
     support of the ground-based elements of the National 
     Ballistic Missile Defense System.
       Sec. 8062.  None of the funds provided in this Act may be 
     used to transfer to any nongovernmental entity ammunition 
     held by the Department of Defense that has a center-fire 
     cartridge and a United States military nomenclature 
     designation of ``armor penetrator'', ``armor piercing (AP)'', 
     ``armor piercing incendiary (API)'', or ``armor-piercing 
     incendiary tracer (API-T)'', except to an entity performing 
     demilitarization services for the Department of Defense under 
     a contract that requires the entity to demonstrate to the 
     satisfaction of the Department of Defense that armor piercing 
     projectiles are either: (1) rendered incapable of reuse by 
     the demilitarization process; or (2) used to manufacture 
     ammunition pursuant to a contract with the Department of 
     Defense or the manufacture of ammunition for export pursuant 
     to a License for Permanent Export of Unclassified Military 
     Articles issued by the Department of State.
       Sec. 8063.  Notwithstanding any other provision of law, the 
     Chief of the National Guard Bureau, or his designee, may 
     waive payment of all or part of the consideration that 
     otherwise would be required under section 2667 of title 10, 
     United States Code, in the case of a lease of personal 
     property for a period not in excess of 1 year to any 
     organization specified in section 508(d) of title 32, United 
     States Code, or any other youth, social, or fraternal 
     nonprofit organization as may be approved by the Chief of the 
     National Guard Bureau, or his designee, on a case-by-case 
     basis.
       Sec. 8064.  None of the funds appropriated by this Act 
     shall be used for the support of any nonappropriated funds 
     activity of the Department of Defense that procures malt 
     beverages and wine with nonappropriated funds for resale 
     (including such alcoholic beverages sold by the drink) on a 
     military installation located in the United States unless 
     such malt beverages and wine are procured within that State, 
     or in the case of the District of Columbia, within the 
     District of Columbia, in which the military installation is 
     located: Provided, That in a case in which the military 
     installation is located in more than one State, purchases may 
     be made in any State in which the installation is located: 
     Provided further, That such local procurement requirements 
     for malt beverages and wine shall apply to all alcoholic 
     beverages only for military installations in States which are 
     not contiguous with another State: Provided further, That 
     alcoholic beverages other than wine and malt beverages, in 
     contiguous States and the District of Columbia shall be 
     procured from the most competitive source, price and other 
     factors considered.

                     (including transfer of funds)

       Sec. 8065.  Of the amounts appropriated in this Act under 
     the heading ``Operation and Maintenance, Army'', $106,189,900 
     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.  Section 8106 of the Department of Defense 
     Appropriations Act, 1997 (titles I

[[Page H5473]]

     through VIII of the matter under subsection 101(b) of Public 
     Law 104-208; 110 Stat. 3009-111; 10 U.S.C. 113 note) shall 
     continue in effect to apply to disbursements that are made by 
     the Department of Defense in fiscal year 2015.

                     (including transfer of funds)

       Sec. 8067.  During the current fiscal year, not to exceed 
     $200,000,000 from funds available under ``Operation and 
     Maintenance, Defense-Wide'' may be transferred to the 
     Department of State ``Global Security Contingency Fund'': 
     Provided, 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 to 
     the Department of State ``Global Security Contingency Fund'', 
     notify the congressional defense committees in writing with 
     the source of funds and a detailed justification, execution 
     plan, and timeline for each proposed project.
       Sec. 8068.  In addition to amounts provided elsewhere in 
     this Act, $4,000,000 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. 8069.  Of the amounts appropriated in this Act under 
     the headings ``Procurement, Defense-Wide'' and ``Research, 
     Development, Test and Evaluation, Defense-Wide'', 
     $619,814,000 shall be for the Israeli Cooperative Programs: 
     Provided, That of this amount, $350,972,000 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; $137,934,000 shall be for 
     the Short Range Ballistic Missile Defense (SRBMD) program, 
     including cruise missile defense research and development 
     under the SRBMD program; $74,707,000 shall be for an upper-
     tier component to the Israeli Missile Defense Architecture; 
     and $56,201,000 shall be for the Arrow System Improvement 
     Program including development of a long range, ground and 
     airborne, detection suite: Provided further, That funds made 
     available under this provision for production of missiles and 
     missile components may be transferred to appropriations 
     available for the procurement of weapons and equipment, to be 
     merged with and to be available for the same time period and 
     the same purposes as the appropriation to which transferred: 
     Provided further, That the transfer authority provided under 
     this provision is in addition to any other transfer authority 
     contained in this Act.
       Sec. 8070.  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 U.S. 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. 8071.  Of the amounts appropriated in this Act under 
     the heading ``Shipbuilding and Conversion, Navy'', 
     $1,007,285,000 shall be available until September 30, 2015, 
     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'', 2008/2015: Carrier Replacement Program $663,000,000;
       (2) Under the heading ``Shipbuilding and Conversion, 
     Navy'', 2009/2015: LPD-17 Amphibious Transport Dock Program 
     $54,096,000;
       (3) Under the heading ``Shipbuilding and Conversion, 
     Navy'', 2010/2015: DDG-51 Destroyer $65,771,000;
       (4) Under the heading ``Shipbuilding and Conversion, 
     Navy'', 2010/2015: Littoral Combat Ship $51,345,000;
       (5) Under the heading ``Shipbuilding and Conversion, 
     Navy'', 2011/2015: DDG-51 Destroyer $63,373,000;
       (6) Under the heading ``Shipbuilding and Conversion, 
     Navy'', 2011/2015: Littoral Combat Ship $41,700,000;
       (7) Under the heading ``Shipbuilding and Conversion, 
     Navy'', 2011/2015: Joint High Speed Vessel $9,340,000;
       (8) Under the heading ``Shipbuilding and Conversion, 
     Navy'', 2012/2015: CVN Refueling Overhauls Program 
     $54,000,000;
       (9) Under the heading ``Shipbuilding and Conversion, 
     Navy'', 2012/2015: Joint High Speed Vessel $2,620,000; and
       (10) Under the heading ``Shipbuilding and Conversion, 
     Navy'', 2013/2015: Joint High Speed Vessel $2,040,000.
       Sec. 8072.  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 2015 until the enactment of the Intelligence 
     Authorization Act for Fiscal Year 2015.
       Sec. 8073.  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. 8074.  The budget of the President for fiscal year 
     2016 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. 8075.  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. 8076.  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. 8077.  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. 8078.  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. 8079. (a) At the time members of reserve components of 
     the Armed Forces are called or ordered to active duty under 
     section 12302(a) of title 10, United States Code, each member 
     shall be notified in writing of the expected period during 
     which the member will be mobilized.
       (b) The Secretary of Defense may waive the requirements of 
     subsection (a) in any case in which the Secretary determines 
     that it is necessary to do so to respond to a national 
     security emergency or to meet dire operational requirements 
     of the Armed Forces.
       Sec. 8080.  For purposes of section 7108 of title 41, 
     United States Code, any subdivision of appropriations made 
     under the heading ``Shipbuilding and Conversion, Navy'' that 
     is not closed at the time reimbursement is made shall be 
     available to reimburse the Judgment Fund and shall be 
     considered for the same purposes as any subdivision under the 
     heading ``Shipbuilding and Conversion, Navy'' appropriations 
     in the current fiscal year or any prior fiscal year.
       Sec. 8081. (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. 8082.  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

[[Page H5474]]

     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. 8083.  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, 2016.
       Sec. 8084.  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. 8085. (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 2015: 
     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.
       Sec. 8086.  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.

                     (including transfer of funds)

       Sec. 8087.  Of the funds appropriated in the Intelligence 
     Community Management Account for the Program Manager for the 
     Information Sharing Environment, $20,000,000 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. 8088. (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) or the National Security Act of 1947 (50 U.S.C. 
     3024(d)) that results in a cumulative increase or decrease of 
     the levels specified in the classified annex accompanying the 
     Act unless the congressional intelligence committees are 
     notified 30 days in advance of such reprogramming of funds; 
     this notification period may be reduced for urgent national 
     security requirements.
       Sec. 8089.  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. 8090.  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. 8091.  The Department of Defense shall continue to 
     report incremental contingency operations costs for Operation 
     Enduring Freedom 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. 8092.  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. 8093.  Funds appropriated by this Act for operation 
     and maintenance 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. 8094. (a) Any agency receiving funds made available in 
     this Act, shall, subject to subsections (b) and (c), post on 
     the public website of that agency any report required to be 
     submitted by the Congress in this or any other Act, upon the 
     determination by the head of the agency that it shall serve 
     the national interest.
       (b) Subsection (a) shall not apply to a report if--
       (1) the public posting of the report compromises national 
     security; or
       (2) the report contains proprietary information.
       (c) The head of the agency posting such report shall do so 
     only after such report has been made available to the 
     requesting Committee or Committees of Congress for no less 
     than 45 days.
       Sec. 8095. (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. 8096.  From within the funds appropriated for 
     operation and maintenance for the Defense Health Program in 
     this Act, up to $146,857,000, 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

[[Page H5475]]

     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. 8097.  The Office of the Director of National 
     Intelligence shall not employ more Senior Executive employees 
     than are specified in the classified annex.
       Sec. 8098.  None of the funds appropriated or otherwise 
     made available by this Act may be obligated or expended to 
     pay a retired general or flag officer to serve as a senior 
     mentor advising the Department of Defense unless such retired 
     officer files a Standard Form 278 (or successor form 
     concerning public financial disclosure under part 2634 of 
     title 5, Code of Federal Regulations) to the Office of 
     Government Ethics.
       Sec. 8099.  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 $250,000 per 
     vehicle, notwithstanding price or other limitations 
     applicable to the purchase of passenger carrying vehicles.
       Sec. 8100.  Of the amounts appropriated for ``Operation and 
     Maintenance, Defense-Wide'' the following amounts shall be 
     available to the Secretary of Defense, for the following 
     authorized purposes, notwithstanding any other provision of 
     law, acting through the Office of Economic Adjustment of the 
     Department of Defense, to make grants, conclude cooperative 
     agreements, and supplement other Federal funds, to remain 
     available until expended, to support critical existing and 
     enduring military installations and missions on Guam, as well 
     as any potential Department of Defense growth, $80,596,000 
     for addressing the need for civilian water and wastewater 
     improvements: Provided, That the Secretary of Defense shall, 
     not fewer than 15 days prior to obligating funds for the 
     forgoing purposes, notify the congressional defense 
     committees in writing of the details of any such obligation.
       Sec. 8101.  None of the funds made available by this Act 
     may be used by the Secretary of Defense to take beneficial 
     occupancy of more than 3,000 parking spaces (other than 
     handicap-reserved spaces) to be provided by the BRAC 133 
     project: Provided, That this limitation may be waived in part 
     if: (1) the Secretary of Defense certifies to Congress that 
     levels of service at existing intersections in the vicinity 
     of the project have not experienced failing levels of service 
     as defined by the Transportation Research Board Highway 
     Capacity Manual over a consecutive 90-day period; (2) the 
     Department of Defense and the Virginia Department of 
     Transportation agree on the number of additional parking 
     spaces that may be made available to employees of the 
     facility subject to continued 90-day traffic monitoring; and 
     (3) the Secretary of Defense notifies the congressional 
     defense committees in writing at least 14 days prior to 
     exercising this waiver of the number of additional parking 
     spaces to be made available.
       Sec. 8102.  The Secretary of Defense shall report quarterly 
     the numbers of civilian personnel end strength by 
     appropriation account for each and every appropriation 
     account used to finance Federal civilian personnel salaries 
     to the congressional defense committees within 15 days after 
     the end of each fiscal quarter.
       Sec. 8103. (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 appropriations account;
       (2) how the National Intelligence Program budget request is 
     presented, organized, and managed within the Department of 
     Defense budget;
       (3) how the National Intelligence Program appropriations 
     are apportioned to the executing agencies; or
       (4) how the National Intelligence Program appropriations 
     are allotted, obligated and disbursed.
       (b) 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.
       (c) Upon development of the detailed proposals defined 
     under subsection (b), 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.
       (d) This section shall not be construed to alter or affect 
     the application of section 924 of the National Defense 
     Authorization Act for Fiscal Year 2014 to the amounts made 
     available by this Act.
       (e) The Director of National Intelligence shall carry out a 
     merger of the Foreign Counterintelligence Program into the 
     General Defense Intelligence Program: Provided, That such 
     merger shall not go into effect until 30 days after the 
     Director submits to the congressional intelligence committees 
     a written notification of such merger.

                      (including transfer of funds)

       Sec. 8104.  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 
     $2,000,000,000 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, 
     2015.

                     (including transfer of funds)

       Sec. 8105.  There is appropriated $540,000,000 for the 
     ``Ship Modernization, Operations and Sustainment Fund'', to 
     remain available until September 30, 2021: Provided, That the 
     Secretary of the Navy shall transfer funds from the ``Ship 
     Modernization, Operations and Sustainment Fund'' to 
     appropriations for military personnel; operation and 
     maintenance; research, development, test and evaluation; and 
     procurement, only for the purposes of manning, operating, 
     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 further, 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 
     available to the Department of Defense: 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 as detailed above in fiscal year 2015: 
     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. 8106.  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 $545,100,000.
       Sec. 8107.  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 the United 
     States Naval Station, Guantanamo Bay, Cuba, by the Department 
     of Defense.
       Sec. 8108. (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. 8109.  None of the funds made available by this Act 
     may be used to enter into a contract, memorandum of 
     understanding, or cooperative agreement with, make a grant 
     to,

[[Page H5476]]

     or provide a loan or loan guarantee to, any corporation that 
     any unpaid Federal tax liability that has been assessed, for 
     which all judicial and administrative remedies have been 
     exhausted or have lapsed, and that is not being paid in a 
     timely manner pursuant to an agreement with the authority 
     responsible for collecting the tax liability, where the 
     awarding agency is aware of the unpaid tax liability, unless 
     the agency has considered suspension or debarment of the 
     corporation and made a determination that this further action 
     is not necessary to protect the interests of the Government.
       Sec. 8110.  None of the funds made available by this Act 
     may be used to enter into a contract, memorandum of 
     understanding, or cooperative agreement with, make a grant 
     to, or provide a loan or loan guarantee to, any corporation 
     that was convicted of a felony criminal violation under any 
     Federal law within the preceding 24 months, where the 
     awarding agency is aware of the conviction, unless the agency 
     has considered suspension or debarment of the corporation and 
     made a determination that this further action is not 
     necessary to protect the interests of the Government.
       Sec. 8111.  None of the funds made available by this Act 
     may be used in contravention of section 1590 or 1591 of title 
     18, United States Code, or in contravention of the 
     requirements of section 106(g) or (h) of the Trafficking 
     Victims Protection Act of 2000 (22 U.S.C. 7104(g) or (h)).
       Sec. 8112.  None of the funds made available by this Act 
     for excess defense articles, assistance under section 1206 of 
     the National Defense Authorization Act for Fiscal Year 2006 
     (Public Law 109-163; 119 Stat. 3456), or peacekeeping 
     operations for the countries designated in 2013 to be in 
     violation of the standards of the Child Soldiers Prevention 
     Act of 2008 may be used to support any military training or 
     operation that includes child soldiers, as defined by the 
     Child Soldiers Prevention Act of 2008 (Public Law 110-457; 22 
     U.S.C. 2370c-1), unless such assistance is otherwise 
     permitted under section 404 of the Child Soldiers Prevention 
     Act of 2008.
       Sec. 8113.  None of the funds made available by this Act 
     may be used in contravention of the War Powers Resolution (50 
     U.S.C. 1541 et seq.).
       Sec. 8114.  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 an agency's fleet inventory, except 
     in accordance with Presidential Memorandum-Federal Fleet 
     Performance, dated May 24, 2011.
       Sec. 8115.  None of the funds made available by this Act 
     may be used to enter into a contract with any person or other 
     entity listed in the Excluded Parties List System (EPLS)/
     System for Award Management (SAM) as having been convicted of 
     fraud against the Federal Government.
       Sec. 8116. (a) None of the funds made available by this Act 
     may be used to enter into a contract (or subcontract at any 
     tier under such a contract), memorandum of understanding, or 
     cooperative agreement with, to make a grant to, or to provide 
     a loan or loan guarantee to 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, 
     certifies in writing to the congressional defense committees, 
     to the best of the Secretary's knowledge, the following:
       (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.
       (3) The Government of the Russian Federation has withdrawn 
     substantially all of the armed forces of the Russian 
     Federation from the immediate vicinity of the eastern border 
     of Ukraine.
       (4) Agents of the Russian Federation have ceased taking 
     active measures to destabilize the control of the Government 
     of Ukraine over eastern Ukraine.
       (c)(1) The Inspector General of the Department of Defense 
     shall conduct a review of any action involving 
     Rosoboronexport with respect to which a waiver is issued by 
     the Secretary of Defense pursuant to subsection (b).
       (2) A review conducted under paragraph (1) shall assess the 
     accuracy of the factual and legal conclusions made by the 
     Secretary of Defense in the waiver covered by the review, 
     including--
       (A) whether there is any viable alternative to 
     Rosoboronexport for carrying out the functions for which 
     funds will be obligated;
       (B) whether the Secretary has previously used an 
     alternative vendor for carrying out the same functions 
     regarding the military equipment in question, and what vendor 
     was previously used;
       (C) whether other explanations for the issuance of the 
     waiver are supportable; and
       (D) any other matter with respect to the waiver the 
     Inspector General considers appropriate.
       (3) Not later than 90 days after the date on which a waiver 
     is issued by the Secretary of Defense pursuant to subsection 
     (b), the Inspector General shall submit to the congressional 
     defense committees a report containing the results of the 
     review conducted under paragraph (1) with respect to such 
     waiver.
       Sec. 8117.  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.

                     (including transfer of funds)

       Sec. 8118.  Of the amounts appropriated in this Act under 
     the heading ``Operation and Maintenance, Defense-Wide'', up 
     to $5,709,000 shall be available for transfer to the Army, 
     Navy, Marine Corps, and Air Force, including Reserve and 
     National Guard, to support high priority Sexual Assault 
     Prevention and Response Program requirements and activities, 
     including the training and funding of personnel: 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 transfer authority provided under this heading is in 
     addition to any other transfer authority provided elsewhere 
     in this Act.
       Sec. 8119.  None of the funds appropriated in this, or any 
     other Act, may be obligated or expended by the United States 
     Government for the direct personal benefit of the President 
     of Afghanistan.
       Sec. 8120. (a) Of the funds appropriated in this Act for 
     the Department of Defense, amounts may be made available, 
     under such regulations as the Secretary may prescribe, to 
     local military commanders appointed by the Secretary of 
     Defense, 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.
       (h) Limitation.--Nothing in this section shall be deemed to 
     provide any new authority to the Secretary of Defense.
       Sec. 8121.  None of the funds available to the Department 
     of Defense shall be used to conduct any environmental impact 
     study, environmental assessment, or other environmental study 
     related to Minuteman III silos that contain a missile as of 
     the date of the enactment of this Act.
       Sec. 8122.  None of the funds made available by this Act 
     may be used to cancel the avionics modernization program of 
     record for C-130 aircraft.
       Sec. 8123.  None of the funds made available by this Act 
     may be used by the Secretary of the Air Force to reduce the 
     force structure at Lajes Field, Azores, Portugal, below the 
     force structure at such Air Force Base as of October 1, 2013, 
     except in accordance with section 1048 of the National 
     Defense Authorization Act for Fiscal Year 2015.
       Sec. 8124.  None of the Operation and Maintenance funds 
     made available in this Act may be used in contravention of 
     section 41106 of title 49, United States Code.
       Sec. 8125.  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.

[[Page H5477]]

       Sec. 8126.  None of the funds appropriated or otherwise 
     made available by this Act or any other Act may be used by 
     the Department of Defense or a component thereof in 
     contravention of section 1246(c) of the National Defense 
     Authorization Act for Fiscal Year 2014, relating to 
     limitations on providing certain missile defense information 
     to the Russian Federation.
       Sec. 8127.  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.

                     (including transfer of funds)

       Sec. 8128.  From amounts appropriated in this Act for 
     ``Operation and Maintenance, Navy'', up to $291,000,000 may 
     be transferred to the Ready Reserve Force, Maritime 
     Administration account of the United States Department of 
     Transportation, to be merged with, and to be available for 
     the same purposes and the same time period as such account, 
     for expenses related to the National Defense Reserve Fleet 
     established under section 11 of the Merchant Ship Sales Act 
     of 1946 (50 U.S.C. App. 1744): Provided, That the transfer 
     authority provided under this provision is in addition to any 
     other transfer authority provided elsewhere in this Act.

                     (including transfer of funds)

       Sec. 8129.  Of the amounts appropriated for ``Operation and 
     Maintenance, Navy'', up to $1,000,000 shall be available for 
     transfer to the John C. Stennis Center for Public Service 
     Development Trust Fund established under section 116 of the 
     John C. Stennis Center for Public Service Training and 
     Development Act (2 U.S.C. 1105).

                     (including transfer of funds)

       Sec. 8130.  In addition to amounts provided elsewhere in 
     this Act for pay for military personnel, including active 
     duty, reserve and National Guard personnel, $533,500,000 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.

                     (including transfer of funds)

       Sec. 8131.  In addition to amounts provided elsewhere in 
     this Act for basic allowance for housing for military 
     personnel, including active duty, reserve and National Guard 
     personnel, $244,700,000 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 reduce, convert, decommission, or otherwise 
     move to nondeployed status (except warm status), or prepare 
     to reduce, convert, decommission, or otherwise move to 
     nondeployed status (except warm status), any Minuteman III 
     ballistic missile silo that contains a deployed missile as of 
     the date of the enactment of this Act: Provided, That ``warm 
     status'' means a status that enables any such silo to remain 
     a fully functioning element of the interconnected and 
     redundant command and control system of a missile field and 
     be made fully operational with a deployed missile: Provided 
     further, That this section shall continue in effect through 
     the date of enactment of an Act authorizing appropriations 
     for fiscal year 2015 for military activities of the 
     Department of Defense.

                              {time}  1845


                    Amendment Offered by Mr. Daines

  Mr. DAINES. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will report the amendment.
  The Clerk read as follows:

       Page 124, beginning line 8, strike ``: Provided further'' 
     and all that follows through ``Department of Defense''.

  The Acting CHAIR. Pursuant to House Resolution 628, the gentleman 
from Montana and a Member opposed each will control 5 minutes.
  The Chair recognizes the gentleman from Montana.
  Mr. DAINES. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, our Nation's nuclear triad is an essential aspect of 
our national defense and makes the world safer by deterring our rivals 
and reassuring our allies. Every leg of the triad is critical and 
protects our Nation on a daily basis.
  The Defense Department recently put forward a nuclear force structure 
plan under the New START Treaty. It is committed to maintaining 450 
nuclear launchers in at least a warm status. In doing so, the Pentagon 
recognized the strategic value of preserving our robust nuclear 
deterrent capability. Just last month, the House of Representatives 
reaffirmed its support for the triad and for maintaining the current 
ICBM force.
  Unfortunately, the base bill includes language that could open the 
door for the premature decommissioning of our Nation's missile silos. I 
believe this would be unwise.
  My amendment ensures the United States has maximum flexibility to 
respond to nuclear threats and makes it more difficult for adversaries 
to target our nuclear assets. Maintaining our nuclear launchers 
provides our commanders with the tools necessary to respond to 
potential nuclear threats against the American people and, importantly, 
our allies.
  Recently, I visited Montana's Malmstrom Air Force Base and heard 
firsthand from missileers about their very critical mission.
  In fact, I have in my hand today the Malmstrom commander coin, which 
expresses why the nuclear deterrence they help operate still works. It 
simply says this:

       Scaring the hell out of America's enemies since 1962.

  I urge House passage of my amendment to help protect this critically 
important capability.
  Mr. FRELINGHUYSEN. Will the gentleman yield?
  Mr. DAINES. I yield to the gentleman from New Jersey.
  Mr. FRELINGHUYSEN. Mr. Chairman, we have no objection to the 
gentleman's amendment. Personally, I believe in the nuclear triad. We 
have checked with the Armed Services Committee, which is the 
authorizing committee, and they have no problem with the language.
  Mr. DAINES. Reclaiming my time, Mr. Speaker, I reserve the balance of 
my time.
  Mr. VISCLOSKY. Mr. Chairman, I rise in opposition to the gentleman's 
amendment.
  The Acting CHAIR. The gentleman from Indiana is recognized for 5 
minutes.

                              {time}  1900

  Mr. VISCLOSKY. Mr. Chairman, I rise in opposition to the gentleman's 
amendment.
  What he is doing is locking in our strategic force levels, and the 
fact is that the armed services bill is not yet done as far as 
authorization, and, essentially, the gentleman is saying that we should 
have 430 silos. The gentleman may be correct. Maybe we need 425 silos 
or maybe we need 218 silos. I don't think we should prejudge that final 
figure until the authorization legislation is completed.
  I certainly think, again, that it is limiting our options. I think 
any time we limit our defense options going forward that it is not good 
policy, and, therefore, I strongly object to the gentleman's amendment.
  I yield back the balance of my time.
  Mr. DAINES. While I appreciate the gentleman's comments, we have the 
strong support of HASC, and this is just ensuring that we don't have a 
decommissioning moving forward here as we reconcile both the 
appropriations with the NDAA.
  I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Montana (Mr. Daines).
  The amendment was agreed to.


                    Amendment Offered by Mr. Nadler

  Mr. NADLER. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will report the amendment.
  The Clerk read as follows:

       Page 123, beginning line 22, strike section 8132.

  The Acting CHAIR. Pursuant to House Resolution 628, the gentleman 
from New York and a Member opposed each will control 5 minutes.
  The Chair recognizes the gentleman from New York.
  Mr. NADLER. Mr. Chairman, this amendment would strike a legislative 
rider that was put in the bill to prevent the Department of Defense 
from decommissioning nuclear missile silos.
  As you know, the Defense Appropriations bill requires the 
administration to keep 50 soon-to-be-empty silos--silos with no 
missiles--on warm standby. The missiles in these silos will be 
eliminated under the New START arms control agreement, and the 
administration was hoping to be able to destroy

[[Page H5478]]

the silos eventually and save some money, but this bill will keep them 
in warm standby forever.
  This is not without costs. Under New START, those extra empty silos 
will have to be counted against our launcher totals, meaning we will 
have fewer permissible bombers or submarine-based missiles because we 
have, instead, empty ICBM silos. These silos have been precisely 
targeted by the Russians for decades. While it is important that we 
have an appropriate, flexible, and survivable nuclear deterrent, these 
land-based missiles are the least survivable leg of our deterrent, and, 
of course, empty silos deter no one. What this rider says is that we 
should have 50 empty silos and 50 fewer submarine-launched ballistic 
missiles or bombers.
  While it is true that, as an offer of support to Senators whose 
States have missile bases, the administration proposed to keep these 
silos warm temporarily, there is absolutely no reason to do so forever. 
This provision is not about security but about pork and political 
favoritism. Is it any wonder that the most ardent defenders of this 
provision are from the States of Montana, Colorado, North Dakota, and 
Wyoming and is not the chairman of the Armed Forces Committee? is not 
the ranking member of the Armed Forces Committee? In fact, they had 
worked out a sunset at one point.
  Mr. Chairman, micromanaging our Nation's nuclear defenses is really 
not in the best interest of our country. Remember, we have some 450 
Minuteman III missile silos. My amendment would change the status of 50 
empty silos and only if our national security experts determined they 
wanted to do so. It would not affect any silos with actual missiles in 
them, and, therefore, it would not affect our deterrent.
  I would encourage my colleagues to support this amendment, which 
would allow the President to remove those silos from warm standby at a 
time of his choosing, when the military tells him it is appropriate to 
do so and to avoid the cost of keeping open empty silos without any 
function or usefulness to the national defense.
  But I want to make a broader point about our broader nuclear 
strategy. I want to call attention to the obsolescence of the concept 
of the nuclear triad. Something that has been accepted as gospel for 
many years no longer makes sense. Our nuclear arsenal is designed to 
serve as a deterrent to prevent anyone from even considering attacking 
the United States. In order to deter an attack, any potential adversary 
needs to know that we have enough nuclear weapons that will survive an 
initial assault and will retaliate with overwhelming force.
  As part of the triad, we have ICBMs, which are very vulnerable to an 
enemy strike; we have bombers, which can be made less vulnerable; and 
we have submarine-launched missiles, which are not vulnerable. The 
ICBMs, because they are fixed targets and are vulnerable to attack, 
need to be launched immediately and are, therefore, at the greatest 
risk of being launched by mistake or by accident. There is almost no 
time to verify that a radar contact is actually a flock of incoming 
missiles and not a flock of seagulls or a sounding rocket.
  So why do we even need the ICBMs, which are not only vulnerable but 
dangerous because you have to use them or lose them, especially when we 
have the subs and the bombers?
  That debate is for another day. Today, all we are saying is that our 
generals should have the discretion to spend money on nuclear weapons 
that best protect the interests of the United States. They should not 
be forced to waste taxpayer dollars to keep empty missile silos warm 
when they have limited real utility and are not in our strategic best 
interests. They should not be used to keep these empty silos warm when 
it means, under the treaty, we can have 50 fewer submarine-launched 
missiles--real missiles--as opposed to empty silos. It simply makes no 
sense.
  I urge my colleagues to adopt the amendment, which would restore to 
the President and to the military the flexibility to determine whether 
we want to keep empty silos or real missiles.
  Mr. VISCLOSKY. Will the gentleman yield?
  Mr. NADLER. I yield to the gentleman from Indiana.
  Mr. VISCLOSKY. I appreciate the gentleman's yielding.
  Using the same rationale as to my opposition for the previous 
amendment, I would support the gentleman's because what he would do is 
remove the limitation, if it is making sense, to allow us to reduce, 
convert, decommission, or otherwise move to nondeployed status these 
silos. I don't suggest, while standing here on the floor today, what we 
should or should not do, but we should allow the administration of this 
country those options.
  I appreciate the gentleman's offering his amendment.
  Mr. NADLER. In reclaiming my time, I am not suggesting what we should 
do other than that we should leave the administration and the military 
with the discretion. They may decide they would rather have more 
submarine-based missiles rather than empty silos or they may not decide 
that, but that should be a decision for them. Personally, I think I 
would rather have more missiles than empty silos or maybe save money, 
but that is my personal preference. We should leave the decision to the 
administration.
  I yield back the balance of my time.
  Mr. DAINES. Mr. Chairman, I claim the time in opposition to this 
amendment.
  The Acting CHAIR (Mr. Collins of Georgia). The gentleman from Montana 
is recognized for 5 minutes.
  Mr. DAINES. Mr. Chairman, this amendment strikes section 8132, which 
prohibits the use of funds to reduce or decommission Minuteman III ICBM 
silos or to put these silos into a nondeployed status other than warm 
status. A warm silo is one that can be made fully operational with the 
reintroduction of a missile.
  Let me remind those who are listening tonight that anybody who says, 
``Thank God we have never had to use our ICBMs,'' I would argue they 
are used every day to ensure that we maintain peace and stability in 
the world. This section is modeled after language that was included in 
the House-passed NDAA to maximize the readiness of the land-based leg 
of the nuclear triad.
  I rise in opposition to this amendment. The language in this section 
is essentially the same as the language that was included in the House-
passed National Defense Authorization Act. This section says that, if 
the Department of Defense takes a silo down to nondeployed status, it 
must keep it warm. That means it must be kept in a state that would 
allow it to become fully operational if a missile is reintroduced. This 
section would ensure that we maximize the readiness of the land-based 
leg of the nuclear triad and inhibit the administration from making 
unilateral cuts to our strategic deterrent.
  I urge a ``no'' vote on the amendment, and 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. Nadler).
  The question was taken; and the Acting Chair announced that the noes 
appeared to have it.
  Mr. NADLER. 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 New York 
will be postponed.
  The Clerk will read.
  The Clerk read as follows:

       Sec. 8133.  None of the funds made available by this Act 
     may be obligated or expended to divest E-3 airborne warning 
     and control system aircraft, or disestablish any units of the 
     active or reserve component associated with such aircraft: 
     Provided, That not later than 90 days following the date of 
     enactment of this Act, the Secretary of the Air Force shall 
     submit to the congressional defense committees a report 
     providing a detailed explanation of how the Secretary will 
     meet the priority requirements of the commanders of the 
     combatant commands related to airborne warning and control 
     with a fleet of fewer than 31 E-3 aircraft.
       Sec. 8134.  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.

                     (including transfer of funds)

       Sec. 8135.  In addition to amounts provided elsewhere in 
     this Act, there is appropriated $139,000,000, for an 
     additional amount for ``Operation and Maintenance, Defense-
     Wide'', to remain available until expended: Provided, That 
     such funds shall only be available to the Secretary of 
     Defense, acting

[[Page H5479]]

     through the Office of Economic Adjustment of the Department 
     of Defense, or for transfer to the Secretary of Education, 
     notwithstanding any other provision of law, to make grants, 
     conclude cooperative agreements, or supplement other Federal 
     funds to construct, renovate, repair, or expand elementary 
     and secondary public schools on military installations in 
     order to address capacity or facility condition deficiencies 
     at such schools: Provided further, That in making such funds 
     available, the Office of Economic Adjustment or the Secretary 
     of Education shall give priority consideration to those 
     military installations with schools having the most serious 
     capacity or facility condition deficiencies as determined by 
     the Secretary of Defense: Provided further, That funds may 
     not be made available for a school unless its enrollment of 
     Department of Defense-connected children is greater than 50 
     percent.
       Sec. 8136.  None of the funds made available by this Act 
     may be used to transfer AH-64 Attack helicopters from the 
     Army National Guard to the active Army: Provided, That this 
     section shall continue in effect through the date of 
     enactment of the National Defense Authorization Act for 
     Fiscal Year 2015.

                     (including transfer of funds)

       Sec. 8137.  In addition to amounts appropriated in title II 
     or otherwise made available elsewhere in this Act, 
     $1,000,000,000 is hereby appropriated to the Department of 
     Defense and made available for transfer to the operation and 
     maintenance accounts of the Army, Navy, Marine Corps, and Air 
     Force (including National Guard and reserve) for purposes of 
     improving military readiness: Provided, That the transfer 
     authority provided under this provision is in addition to any 
     other transfer authority provided elsewhere in this Act.
       Sec. 8138.  Of the amounts made available under the heading 
     ``Operation and Maintenance, Defense-Wide'' in title II and 
     ``Operation and Maintenance'' in title IX of this Act, not to 
     exceed $50,000,000 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): Provided, That none of the funds made 
     available in this Act may be used under such section 1208 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 further, That, none of the 
     funds made available in this Act may be used under such 
     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 the preceding provisos 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. 8139.  None of the funds appropriated or otherwise 
     made available by this Act or any other Act may be used in 
     contravention of Sec. 1035 of the National Defense 
     Authorization Act for Fiscal Year 2014.
       Sec. 8140.  None of the funds made available by this Act 
     may be used to implement the changes to hair standards and 
     grooming policies for female members of the Armed Forces, as 
     contained in paragraph 3-2 of Army Regulation 670-1, issued 
     on March 31, 2014.

          TITLE IX--OVERSEAS DEPLOYMENTS AND OTHER ACTIVITIES

                           MILITARY PERSONNEL

       For an additional amount for ``Military Personnel'', 
     $5,100,000,000: 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.

                       OPERATION AND MAINTENANCE

       For an additional amount for ``Operation and Maintenance'', 
     $58,675,000,000: 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.

                              PROCUREMENT

       For an additional amount for ``Procurement'', 
     $12,220,000,000, to remain available until September 30, 
     2017: Provided, That such amount is designated by the 
     Congress for Overseas Contingency Operations/Global War on 
     Terrorism pursuant to section 251(b)(2)(A)(ii) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                  NATIONAL GUARD AND RESERVE EQUIPMENT

       For procurement of aircraft, missiles, tracked combat 
     vehicles, ammunition, other weapons, and other procurement 
     for the reserve components of the Armed Forces, 
     $2,000,000,000, to remain available for obligation until 
     September 30, 2017:  Provided, That the Chiefs of the 
     National Guard and Reserve components shall, not later than 
     30 days after the 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 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 APPROPRIATIONS

                     (including transfer of funds)

       For an additional amount for ``Other Appropriations'', 
     $1,450,000,000: Provided, That ``Other Appropriations'' means 
     the Defense Health Program, Drug Interdiction and Counter-
     Drug Activities, Joint Improvised Explosive Device Defeat 
     Fund, Office of the Inspector General, and Defense Working 
     Capital Funds:  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.

                     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 2015.

                      (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 $4,000,000,000 
     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 the Department of 
     Defense Appropriations Act, 2015.
       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, ``Afghanistan Infrastructure Fund'', 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 U.S. 
     Central Command area of responsibility: (a) passenger motor 
     vehicles up to a limit of $75,000 per vehicle; and (b) heavy 
     and light armored vehicles for the physical security of 
     personnel or for force protection purposes up to a limit of 
     $250,000 per vehicle, notwithstanding price or other 
     limitations applicable to the purchase of passenger carrying 
     vehicles.
       Sec. 9005.  Not to exceed $15,000,000 of the amount 
     appropriated in this title under the heading ``Operation and 
     Maintenance'' may be used, notwithstanding any other 
     provision of law, to fund the Commander's 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 $10,000,000: Provided further, That not later than 45 
     days after the end of each fiscal year quarter, 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 quarter 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 month, the Army shall submit to 
     the congressional defense committees monthly commitment, 
     obligation, and expenditure data for the Commander's 
     Emergency Response Program 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 
     $5,000,000 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.

[[Page H5480]]

       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: 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 AROC must approve all 
     projects and the execution plan under the ``Afghanistan 
     Infrastructure Fund'' (AIF) and any project in excess of 
     $5,000,000 from the Commander's Emergency Response Program 
     (CERP): 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 provisos and 
     accompanying report language for the ASFF, AIF, and CERP.
       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'' up to $150,000,000 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 
     2015, 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 needed after the end of fiscal year 2015, 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 notification 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 2015.
       Sec. 9012. (a) None of the funds appropriated or otherwise 
     made available by this Act under the heading ``Operation and 
     Maintenance'' 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 
     Committees on Appropriations 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 paragraph 
     (a) 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: Provided, That if the Secretary of Defense, in 
     coordination with the Secretary of State, exercises the 
     authority of the previous proviso, the Secretaries shall 
     report to the Committees on Appropriations 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.
       Sec. 9013.  None of the funds made available by this Act 
     may be used with respect to Syria in contravention of the War 
     Powers Resolution (50 U.S.C. 1541 et seq.), including for the 
     introduction of United States armed or military forces into 
     hostilities in Syria, into situations in Syria where imminent 
     involvement in hostilities is clearly indicated by the 
     circumstances, or into Syrian territory, airspace, or waters 
     while equipped for combat, in contravention of the 
     congressional consultation and reporting requirements of 
     sections 3 and 4 of that law (50 U.S.C. 1542 and 1543).
       Sec. 9014.  None of the funds made available by this Act 
     for the ``Afghanistan Infrastructure Fund'' may be used to 
     plan, develop, or construct any project for which 
     construction has not commenced before the date of the 
     enactment of this Act.
       Sec. 9015.  No more than 15 percent of the funds made 
     available in Title IX may be obligated, until the Secretary 
     of Defense provides the congressional defense and 
     intelligence committees with a detailed spend plan for the 
     funds provided, including an assurance that no funds will be 
     used in contravention of Sec. 1035 of the National Defense 
     Authorization Act for Fiscal Year 2014.

                 TITLE X--ADDITIONAL GENERAL PROVISIONS

                       spending reduction account

       Sec. 10001.  The amount by which the applicable allocation 
     of new budget authority made by the Committee on 
     Appropriations of the House of Representatives under section 
     302(b) of the Congressional Budget Act of 1974 exceeds the 
     amount of proposed new budget authority is $0.

                              {time}  1915

  Mr. FRELINGHUYSEN. Mr. Chairman, I move to strike the last word.
  The Acting CHAIR. The gentleman from New Jersey is recognized for 5 
minutes.
  Mr. FRELINGHUYSEN. Mr. Chairman, I yield to the gentleman from 
Florida (Mr. Mica) for a colloquy.
  Mr. MICA. First of all, I want to commend you, Mr. Chairman, also the 
ranking member and the Appropriations Defense Subcommittee staff, for 
your efforts in bringing this important measure to the floor for our 
military.
  Mr. Chairman, in working with you and your staff, I know, firsthand, 
of your dedication to our armed services and the importance you place 
on ensuring the readiness of our troops.
  As you well know, modeling and simulation tools are cost-effective 
and highly successful components in ensuring that our troops have the 
absolute best training available.
  I thank the gentleman from New Jersey for his support, and also for 
the inclusion of specific language in the FY

[[Page H5481]]

2015 Appropriations Defense Subcommittee report specifically 
emphasizing the benefits of modeling and simulation.
  Also, as the House considers this vital appropriations bill, I would 
like to take this opportunity to share with you, the committee, and my 
colleagues, a concern of mine affecting the modeling and simulation and 
training community.
  As you know, part of the continuation of the Warfighter FOCUS program 
was expected to be the TEACH program. It is my understanding that the 
TEACH program has been put on hold.
  It is also my understanding that the Army will continue this program 
under a different name and format. It is my hope that the funds 
allocated are used to fulfill the requirements needed for this portion 
of the Warfighter program.
  Mr. Chairman, again, I appreciate your support for this vital tool--
simulation saves taxpayers dollars and assists in training our defense 
personnel--and also its inclusion in the Defense Appropriations bill.
  Mr. FRELINGHUYSEN. Mr. Chairman, I appreciate the gentleman bringing 
this important issue to my attention. A month or two ago you brought me 
together with some national leaders that are involved in modeling and 
simulation, and it was a real education for me.
  So like you, I do place a great importance on ensuring our troops 
have the best training and support available, and that is a very good 
way to educate them.
  I look forward to working with the gentleman to ensure our troops 
receive the training and equipment they need, and that our Nation's 
defense needs are met in a fiscally responsible manner.
  Mr. MICA. I thank you, Chairman Frelinghuysen, and the ranking 
member.
  Mr. FRELINGHUYSEN. Mr. Chairman, I yield back the balance of my time.


                   Amendment Offered by Mr. Garamendi

  Mr. GARAMENDI. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will report the amendment.
  The Clerk read 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 on research, development, test, or evaluation for the 
     F-35 Joint Strike Fighter to modify the F-35 Joint Strike 
     Fighter in a manner that provides B-61 delivery capability 
     until the date on which the report described under the 
     heading ``Cost Sharing of Forward-Deployed Nuclear Weapons'' 
     in the report of the Committee on Appropriations of the House 
     of Representatives accompanying this Act has been delivered 
     to the congressional defense committees and such report 
     includes, among other matters, the total anticipated cost to 
     make the F-35 Joint Strike Fighter nuclear capable, the 
     number of aircraft expected to have such capability, and the 
     total number of tactical B-61s expected to undergo the Life 
     Extension Program, including the total anticipated program 
     cost, specific to tactical B-61s.

  Mr. FRELINGHUYSEN (during the reading). Mr. Chairman, I reserve a 
point of order on the gentleman's amendment.
  The Acting CHAIR. A point of order is reserved.
  The Clerk will continue to read.
  The Clerk continued to read.
  The Acting CHAIR. Pursuant to House Resolution 628, the gentleman 
from California and a Member opposed each will control 5 minutes.
  Mr. GARAMENDI. Mr. Chairman, earlier today I took up this issue by 
attempting to strike the $15 million that is appropriated in this bill 
for the initial phases of figuring out how to make the F-35 dual-
capable, that is, capable of handling both conventional as well as 
nuclear weapons.
  This is the opening of a very, very expensive process. Probably well 
over somewhere between 10 and $20 billion will be spent on this entire 
program.
  The F-35 is our plane of the future. It is extremely important for 
the defense of this Nation. However, the issue of whether that plane 
should be dual-capable or not really revolves around the role that the 
F-35 dual-capable plane will play in the European theater.
  Presently, we are deploying in Europe the B-61 bomb. That bomb is now 
being life-extended, rebuilt for the purposes of doing what it has done 
before, that is, to sit there basically unused. It will be both a 
tactical as well as a strategic weapon.
  There is a major cost factor that will affect this budget and future 
budgets for years to come with this initial decision that we are now 
making.
  What this amendment does is to simply build off a portion of the bill 
that is already in place. It does call for a report. This amendment 
fences off the $15 million, says you can't use it until such time as 
the details that I add to the existing language of the bill before us--
those details were read by the reader a moment ago.
  Let me just quickly go through them:
  Until the House of Representatives has delivered--that is, until the 
military has delivered to the House of Representatives defense 
committees a report, among other matters, on the total anticipated cost 
of making the F-35 joint fighter nuclear-capable;
  Next, the number of aircraft expected to have such capability;
  Next, the total number of tactical B-61s expected to undergo the 
life-extension program, including the total anticipated cost specific 
to the tactical B-61.
  This is critical information that we have. The language in the bill 
is okay, but it doesn't give us the specificity that we need to make 
the decision, and frankly, I don't think we ought to start down this 
path until we really have some better notion of where we are going with 
the expenses of this.
  We also know that the European community is, at best, ambivalent 
about what to do with this issue, and they certainly are ambivalent 
about whether they are going to pay their share of the costs of the 
airplanes that they will eventually acquire that will have this dual 
capability.
  So big questions out there. This is an amendment attempting to gather 
the specific information that we should have to make a wise and 
informed decision in the future.
  Mr. FRELINGHUYSEN. Will the gentleman yield?
  Mr. GARAMENDI. I yield to the gentleman from New Jersey.
  Mr. FRELINGHUYSEN. Mr. Chairman, I withdraw my reservation, with the 
understanding the gentleman from California will be withdrawing his 
amendment.
  Mr. GARAMENDI. Mr. Chairman, reclaiming my time, I would much prefer 
if you could say this is really wise and information that we need and 
that we would add this to the bill somewhere along the process.
  I yield to the gentleman.
  Mr. FRELINGHUYSEN. Well, I am a strong supporter of the Joint Strike 
Fighter and, indeed, the B-61. We are doing things to make sure that it 
is everything that we anticipate it should be.
  I think the issue is worth discussing, but it was my understanding 
that you were planning to withdraw your amendment. Otherwise, I will 
make a point of order.
  Mr. GARAMENDI. Mr. Chairman, reclaiming my time, what I would prefer 
to do, sir, is to proceed and to continue the discussion. I think this 
is an important matter.
  Mr. Chairman, I don't know how much time I have remaining.
  The Acting CHAIR. The gentleman from California has 30 seconds 
remaining.
  Mr. GARAMENDI. Well, perhaps I will just wrap, and then we will take 
up your point of order and see where that goes with it.
  This is an extremely important issue. It has to do with our 
relationships with NATO. It has to do with cost-sharing by the NATO 
community, who will eventually acquire these planes, and it also has to 
do with the B-61 bomb, which is an extraordinarily expensive program 
that may or may not fit into the future for NATO or even for us.
  So this amendment is designed to give us the information that we need 
and, until we have it, it prevents the use of the $15 million.
  Mr. Chairman, I yield back the balance of my time.


                             Point of Order

  Mr. FRELINGHUYSEN. Mr. Chairman, I make a point order against the 
amendment because it proposes to change existing law and constitutes 
legislation in an appropriations bill. Therefore, it violates clause 2 
of rule XXI.
  The rule states, in pertinent part:
  ``An amendment to a general appropriation bill shall not be in order 
if changing existing law.''

[[Page H5482]]

  The amendment requires a new determination.
  I ask for a ruling from the Chair.
  The Acting CHAIR. Does any other Member wish to be heard on the point 
of order?
  Mr. GARAMENDI. I ask to be heard on the point of order.
  The Acting CHAIR. The gentleman from California is recognized.
  Mr. GARAMENDI. Mr. Chairman, at the subcommittee, with great respect, 
I respectfully disagree with you. This does not change law. It simply 
writes into the law an extension of what is already in this bill, and 
that is, it calls for a report.
  It also fences off a certain amount of money, in this case $15 
million. That is really the ante, the beginning of a very expensive 
process. It fences it off until we have that information report from 
the Pentagon. I think that is the wise thing to do.
  In fact, the appropriation bill in many, many respects changes laws, 
and I think we are all aware of that.
  I am also aware that I have yet to overcome a point of order, but 
there is always the first time, and we can be hopeful that this might 
be the first.
  But I draw the attention of the chair, the ranking members, and 
anybody else that cares to listen, be prepared to spend somewhere 
between $15- and $20 billion if we go forward with both the B-61 and 
the retrofitting to the F-35 so that it will be dual-capable--capable 
of both conventional as well as nuclear weapons.
  I think we better know where we are going, have a good sense of the 
total cost, and also have a very good sense of where our European 
allies want this to be, and I think they ought to also pay for it.
  The Acting CHAIR. The Chair is prepared to rule.
  The Chair finds that this amendment imposes new duties on the 
officials funded in the bill.
  The amendment, therefore, constitutes legislation in violation of 
clause 2 of rule XXI.
  The point of order is sustained, and the amendment is not in order.


                     Amendment Offered by Mr. Cole

  Mr. COLE. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will report the amendment.
  The Clerk read 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 provide housing on a military installation to an 
     alien (as defined in section 101(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)) who--
       (1) is an unaccompanied minor; and
       (2) is not a dependent of a member of the Armed Forces.

  The Acting CHAIR. Pursuant to House Resolution 628, the gentleman 
from Oklahoma and a Member opposed each will control 5 minutes.
  Mr. VISCLOSKY. Mr. Chairman, I reserve a point of order against the 
gentleman's amendment.
  The Acting CHAIR. A point of order is reserved.
  The Chair recognizes the gentleman from Oklahoma.
  Mr. COLE. Mr. Chairman, I want to be the first to acknowledge that 
this legislation may not indeed be the appropriate place in which to 
address the issue raised in the amendment. But I do believe the 
amendment is an appropriate way to highlight a problem that simply must 
be addressed by the President and by the Congress.
  In recent weeks, there have been many news accounts reporting that we 
have had an explosion of unaccompanied juveniles coming and crossing 
our borders, largely from Central America, from the countries of 
Guatemala, Honduras, and El Salvador.
  This population has overwhelmed facilities that we normally use to 
house people that have entered our country illegally, and military 
facilities have now been used, pressed into service, to deal with this 
population.
  In full disclosure, one of those facilities happens to be in my 
district, Fort Sill, Oklahoma, the home of the Field Artillery School.
  But other facilities have also been used, at Ventura, at Lackland Air 
Force Base in Texas, and the State of Washington, and still others are 
being considered.
  I am concerned about this for three reasons. First, these military 
facilities are absolutely inappropriate places to house this particular 
population. They are not designed for that purpose. They are not 
equipped for it. They have gotten very little notification of it. It is 
simply the wrong place to put folks.
  You don't bring outsiders onto a military installation who have no 
business being there and, in addition, also their caretakers.

                              {time}  1930

  Second, while much of the expense will be picked up by other various 
departments of government, it will inevitably cause some expense and 
some inconvenience to the Department of Defense at a time when we have 
a very strained military budget.
  Lastly, while we are told that these facilities are going to be used 
only on a temporary emergency basis, there is, indeed, the risk that 
they could become permanent, something I think that would create a 
confusion of missions on military bases, not to be avoided.
  We need to address the cause of the flow, not simply manage the flow 
better, and we shouldn't use military facilities in that process.
  The administration says that this flow of unaccompanied juveniles--
which, by the way, was 6,000 2 years ago, is 66,000 now, and is 
projected to reach 120,000 to 150,000 within the next couple of years--
is the result of a humanitarian crisis.
  I would submit it is actually the result of a policy failure. We are 
essentially incentivizing the flow of this population by not returning 
the unaccompanied juveniles to their countries of origins quickly.
  Indeed, once they arrive in the United States, we try to find 
sponsors for them in this country, and they effectively stay here 
permanently.
  That is not what we do, by the way, with Mexican juveniles. If you 
are a 16-year-old illegal immigrant from Mexico, we return you 
immediately, and we have had no similar spike in that particular 
population coming across the border.
  What we are doing may appear to be humane to the juveniles in 
question. It is actually not. First, we are disrupting the countries 
from which they come. We are destabilizing those countries by 
incentivizing this flow.
  Second, these young people don't just walk across Mexico. They are 
transported by cartels, by criminals. It is the same people who bring 
drugs into our country, and they are making an enormous amount of 
money, and we are strengthening them by incentivizing this flow.
  Finally, the young people themselves are at an enormous risk during 
the process of transportation. They are being brought across the length 
of a country--Mexico--in the company of criminal elements, very 
unsavory elements, and they are very much at risk.
  I think we need to stop using military facilities for this purpose 
and to, frankly, begin to return people to their countries of origin. 
In my view, that would actually stop the flow and remove the incentive 
to come.
  Mr. VISCLOSKY. Will the gentleman yield?
  Mr. COLE. I yield to the gentleman from Indiana.
  Mr. VISCLOSKY. Mr. Chairman, I would like to ask the gentleman from 
Oklahoma, the author, if it is the gentleman's intent to withdraw his 
amendment.
  Mr. COLE. Mr. Chairman, I respect my friend from Indiana pressing the 
point of order. I suspect he will prevail, and I am prepared to 
withdraw.
  I want to serve notice that I am going to eventually find the 
appropriate vehicle, so that we can address this. I think it is a real 
issue, but I respect my friend's concerns that this may not be the 
appropriate vehicle.
  Mr. VISCLOSKY. If the gentleman from Oklahoma would, again, yield a 
moment of his time, I would just suggest to the membership that I was 
not fully aware of the problems that existed and that have now been 
exacerbated until the gentleman raised it in committee.
  As a member of the subcommittee, I appreciate that happening, and the 
fact that you have now raised it on two significant occasions, I think, 
is going to compel the administration, as well as our colleagues, to 
find a solution to this very serious problem.
  So raising the point of order was simply to preserve that right, but 
I appreciate what the gentleman is doing.

[[Page H5483]]

  Mr. FRELINGHUYSEN. Will the gentleman yield?
  Mr. COLE. I yield to the gentleman from New Jersey.
  Mr. FRELINGHUYSEN. Mr. Chairman, I have one additional comment. It is 
interesting that many of the press reports on this crisis situation--at 
least on the east coast--don't point out that many of these children 
are in military installations.
  I want to commend the gentleman for pointing out that, while they are 
well kept and looked after in those installations, it is totally 
inappropriate that children be put in that situation and that the 
Department of Health and Human Services and the administration need to 
do a better job of finding housing alternatives.
  Mr. VISCLOSKY. Mr. Chairman, I appreciate the gentleman from Oklahoma 
yielding, and I will withdraw my point of order.
  Mr. COLE. Mr. Chair, I appreciate what my colleagues had to say, and 
I ask unanimous consent to withdraw my amendment.
  The Acting CHAIR. Is there objection to the request of the gentleman 
from Oklahoma?
  There was no objection.


                    Amendment Offered by Mr. Grayson

  Mr. GRAYSON. Mr. Chair, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will report the amendment.
  The Clerk read 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 enter into a contract with any offeror or any of its 
     principals if the offeror certifies, pursuant to the Federal 
     Acquisition Regulation, that the offeror or any of its 
     principals--
       (1) within a three-year period preceding this 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; or
       (2) are presently indicted for, or otherwise criminally or 
     civilly charged by a governmental entity with, commission of 
     any of the offenses enumerated in paragraph (1); or
       (3) within a three-year period preceding this offer, has 
     been notified of any delinquent Federal taxes in an amount 
     that exceeds $3,000 for which the liability remains 
     unsatisfied.

  Mr. GRAYSON (during the reading). Mr. Chair, I ask unanimous consent 
that the balance of the reading be waived.
  The Acting CHAIR. Is there objection to the request of the gentleman 
from Florida?
  There was no objection.
  The Acting CHAIR. Pursuant to House Resolution 628, the gentleman 
from Florida and a Member opposed each will control 5 minutes.
  The Chair recognizes the gentleman from Florida.
  Mr. GRAYSON. Mr. Chair, this amendment is identical to other 
amendments that have been inserted by voice vote into every 
appropriations bill that has been considered under an open rule during 
this Congress.
  My amendment would expand the list of parties with whom the Federal 
Government is prohibited from contracting because of serious misconduct 
on the part of those contractors. It is my hope that this amendment 
will remain noncontroversial and that it will, again, be passed 
unanimously by this House.
  Mr. VISCLOSKY. Will the gentleman yield?
  Mr. GRAYSON. I yield to the gentleman from Indiana.
  Mr. VISCLOSKY. I appreciate the gentleman yielding.
  Mr. Chairman, I will suggest that I would find the amendment 
acceptable. I do believe it is largely duplicative of the general 
provision of section 8110 that is already found in the bill. Again, I 
understand the gentleman's intent and would agree with it and do 
believe it is acceptable to the subcommittee.
  Mr. GRAYSON. Reclaiming my time, I thank the ranking member for 
making that notation.
  We have compared that language to this language. We respectfully 
believe that this language is broader and covers more situations, more 
contractors who have committed wrongdoing, but I appreciate the ranking 
member pointing that out, and I certainly support the provision that he 
cited.
  I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Florida (Mr. Grayson).
  The amendment was agreed to.


                    Amendment Offered by Mr. Grayson

  Mr. GRAYSON. I have an amendment at the desk.
  The Acting CHAIR. The Clerk will report the amendment.
  The Clerk read 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 an (officer, employee, or contractor of the 
     intelligence community to subvert or interfere with the 
     integrity of any cryptographic standard that is proposed, 
     developed, or adopted by the National Institute of Standards 
     and Technology.

  Mr. FRELINGHUYSEN. Mr. Chairman, I reserve a point of order on the 
gentleman's amendment.
  The Acting CHAIR. A point of order is reserved.
  Pursuant to House Resolution 628, the gentleman from Florida and a 
Member opposed each will control 5 minutes.
  The Chair recognizes the gentleman from Florida.
  Mr. GRAYSON. Mr. Chair, in the interest of brevity, I respectfully 
ask unanimous consent to have the point of order, if any, heard now in 
advance of my argument.
  The Acting CHAIR. A point of order has been reserved. Does the 
gentleman from New Jersey wish to make a point of order at this time?


                             Point of Order

  Mr. FRELINGHUYSEN. Mr. Chairman, I make a point of order against the 
amendment because it proposes to change existing law and constitutes 
legislation in an appropriations bill and, therefore, violates clause 2 
of rule XXI.
  The rule states in pertinent part:
  ``An amendment to a general appropriation bill shall not be in order 
if changing existing law.''
  The amendment requires a new determination.
  I ask for a ruling from the Chair.
  The Acting CHAIR. The gentleman from Florida is recognized.
  Mr. GRAYSON. Mr. Chair, I respectfully am willing to yield my time to 
the gentleman from New Jersey if the gentleman will explain to me what 
part of this provision offends----
  The Acting CHAIR. The Chair will hear each Member on their own.
  The gentleman from Florida is recognized.
  Mr. GRAYSON. I will reiterate what I just said, Mr. Chair.
  The Acting CHAIR. The Chair is prepared to rule.
  Mr. GRAYSON. Mr. Chair, I did ask that I wanted to yield to the 
gentleman from New Jersey to specify.
  The Acting CHAIR. The Chair will hear argument offered by each Member 
separately.
  The gentleman from Florida is recognized to make his argument.
  Mr. GRAYSON. I understand that, Mr. Chair.
  I am asking if the gentleman from New Jersey would provide additional 
information as part of my argument.
  The Acting CHAIR. The Chair has heard the argument in favor of the 
point of order.
  The Chair recognizes the gentleman from Florida if he wishes to make 
an argument.
  Mr. GRAYSON. Yes, Mr. Chair. I will say it again.
  I am offering to yield to the gentleman from New Jersey if the 
gentleman from New Jersey will identify any part of this amendment that 
offends the relevant rule.
  The Acting CHAIR. At this point in time, the Chair will hear argument 
by the gentleman from Florida.
  If not, the Chair is prepared to rule.
  Mr. GRAYSON. Mr. Chair, I think it is clear that there is no part of 
this amendment that offends the relevant rule.
  I yielded to the gentleman from New Jersey who raised the point of 
order. I am still willing to yield to the gentleman who raised a point 
of order.
  If there is no part of this amendment that can be identified as 
offending the relevant rule, clearly it does not offend the relevant 
rule.
  This, in fact, does not in any way legislate. I invite any Member of 
this body here today who can identify any part of this amendment that 
constitutes legislation on the relevant rule.

[[Page H5484]]

  Since no one can, it follows that the point of order must be 
overruled.
  The Acting CHAIR. The Chair is prepared to rule.
  The Chair finds that this amendment includes language requiring a new 
determination as to what constitutes subversion or interference with 
integrity of a standard.
  The amendment, therefore, constitutes legislation in violation of 
clause 2 of rule XXI.
  The point of order is sustained, and the amendment is not in order.


                   Amendment Offered by Mrs. Walorski

  Mrs. WALORSKI. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will report the amendment.
  The Clerk read 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 transfer or release to the Republic of Yemen (or 
     any entity within Yemen) a detainee who is or was held, 
     detained, or otherwise in the custody of the Department of 
     Defense on or after June 24, 2009, at the United States Naval 
     Station, Guantanamo Bay, Cuba.

  The Acting CHAIR. Pursuant to House Resolution 628, the gentlewoman 
from Indiana and a Member opposed each will control 5 minutes.
  The Chair recognizes the gentlewoman from Indiana.
  Mrs. WALORSKI. Mr. Chairman, the recent release of the Taliban Five 
was a potent reminder to Congress, as well as the American people, of 
the risk involved in detainee transfer decisions.
  The rising rate of terrorism reengagement, the unstable security 
situation in Yemen, and the continuing threat posed by al Qaeda in the 
Arabian Peninsula have prompted me to introduce this amendment again 
this year.
  One of President Obama's first acts in office was to sign an 
executive order to close the facility at Guantanamo.
  However, the President himself suspended all detainee transfers from 
Gitmo to Yemen on January 5, 2010. This decision was made in the 
aftermath of the failed 2009 Christmas Day bombing attempt, which was 
the first attack on the U.S. by al Qaeda since 9/11.
  The would-be bomber was radicalized and trained in Yemen. White House 
Press Secretary Gibbs said that:

       Right now, any additional transfers to Yemen are not a good 
     idea.

  In May of last year, the President changed his mind, lifting the 
moratorium on transfers to Yemen and reviewing transfers ``on a case-
by-case basis.''
  Unfortunately, the U.S. intelligence community reports that the 
number of former Gitmo detainees who reengage in terrorism has steadily 
increased since 2002.
  In December 2007, the first public intelligence report addressing 
Gitmo ``reengagement'' declared the reengagement rate was ``about 7 
percent.'' As of March of this year, the reengagement rate had risen to 
29 percent. The majority of these individuals remain at large.
  This information, which is the best, most reliable data we have, 
comes from the Director of National Intelligence. The March DNI report 
also notes that:

       Transfers to countries with ongoing conflicts and internal 
     instability, as well as active recruitment by insurgent and 
     terrorist organizations, pose a particular problem.

  Finally, the intel community has noted there is a lag of time of 
``about 2\1/2\ years between leaving Gitmo and the first identified 
reengagement reports.'' Therefore, estimated historical suspected and 
confirmed rates may be lower than the actual current rates.
  The administration should seek to ensure that the transfer process is 
further examined and improved before proceeding with additional 
transfers.
  Meanwhile, the security situation in Yemen is frighteningly fragile 
and has gone from bad to worse. According to a 2012 HASC Oversight and 
Investigations Subcommittee report on detainee reengagement, the United 
States has faced ``a persistent challenge'' in making certain that 
countries receiving transferred Gitmo detainees have ``the capacity and 
willingness to handle them in a way that sufficiently recognizes the 
dangers involved.''
  Despite the commendable efforts of Yemeni President Hadi, numerous 
international organizations, such as the U.N. and the World Bank, have 
all noted the ``fragile environment'' in Yemen. Unfortunately, the 
country's progress is still at risk of being undermined by al Qaeda.
  In fact, Yemen was recently ranked the sixth most failed state by The 
Fund for Peace, worse than even Afghanistan and Iraq, and the third 
most worsened state over the last 5 years.

                              {time}  1945

  It is no surprise that jailbreaks are a notorious problem in Yemen. 
Furthermore, press reports have characterized Yemeni prisons as 
``overcrowded and under-monitored radicalization factories.''
  To give one example, the Yemeni citizen who is the convicted 
mastermind of the USS Cole bombing escaped from prison in both 2003 and 
2006 after his recapture. He was not recaptured after his second escape 
and remains at large.
  In the most recent example, attackers mounted a bomb, grenade, and 
gun assault on the main prison in Yemen's capital this February, 
freeing 20 al Qaeda operatives. The U.S. Embassy has been closed since 
May 7 and remains closed today due to attempted kidnappings and 
terrorist attacks on U.S. citizens.
  Finally, and most importantly, Yemen's branch of al Qaeda, commonly 
known as AQAP, was founded by former Gitmo detainees. Counterterrorism 
experts have declared AQAP to be al Qaeda's most effective affiliate, 
posing the greatest danger to the American homeland.
  AQAP's predecessor, al Qaeda in Yemen, came into existence after the 
escape of 23 al Qaeda members from prison in the Yemeni capital in 
February of 2006. AQAP has orchestrated numerous high-profile terrorist 
attacks inside the Arabian Peninsula, but it has tried on numerous 
occasions to strike the U.S. homeland, typically through air travel.
  Analysts evaluate that AQAP is the al Qaeda group that is currently 
the most capable and most committed to carry out sophisticated 
operations against the West.
  To summarize, Mr. Chairman, we cannot risk trusting one of the 
world's most dangerous places with its most dangerous terrorists. The 
fundamental question is how much risk should we take with our Nation's 
security? This amendment helps ensure our homeland remains safe from 
terrorist attacks. I urge my colleagues to support it, and I reserve 
the balance of my time.
  Mr. VISCLOSKY. Mr. Chairman, I rise in opposition to the amendment.
  The Acting CHAIR. The gentleman from Indiana is recognized for 5 
minutes.
  Mr. VISCLOSKY. Mr. Chairman, I rise in strong opposition to the 
gentlewoman's amendment. I believe that we need to set conditions to 
close the detention facility at Guantanamo. This includes retaining the 
option to transfer detainees from this facility elsewhere. It is in the 
United States' national security interest to do so.
  Guantanamo has become a rallying cry. It serves as a recruitment tool 
for terrorists and increases the will of our enemies to fight while 
decreasing the will of others to work with America.
  Part of the rationale for establishing Guantanamo in the first place 
was the misplaced idea that the facility would be beyond the law--a 
proposition rejected by the Supreme Court. As a result, the continued 
operation of this facility creates an impression in the eyes of our 
allies and enemies alike that the United States selectively observes 
the rule of law.
  There is no reason that we should impose on ourselves the legal and 
moral problems arising from the prospect of indefinite detentions at 
Guantanamo after more than one decade. Working through civil courts 
since 9/11, hundreds of individuals have been convicted of terrorism or 
terrorism-related offenses and are now serving long sentences in 
Federal prison. Not one has escaped custody.
  Mr. Chairman, I strongly oppose the gentlewoman's amendment and 
reserve the balance of my time.
  Mrs. WALORSKI. Mr. Chairman, may I inquire as to the balance of my 
time?
  The Acting CHAIR. The gentlewoman from Indiana has 30 seconds 
remaining.
  Mr. FRELINGHUYSEN. Will the gentlewoman yield?
  Mrs. WALORKSI. I yield to the gentleman from New Jersey.
  Mr. FRELINGHUYSEN. I thank the gentlewoman for yielding. I strongly

[[Page H5485]]

support her amendment. What was particularly galling in the Guantanamo 
transfer of these detainees was that the Taliban were able to choose 
the people they wanted released, and then the picture that we saw of 
their being greeted in Qatar by their terrorist brothers was enough to 
make you sick. So I am strongly supportive of her amendment. I am glad 
that we have renewed this commitment to make sure these people are not 
released anywhere. I thank the gentlewoman.
  The Acting CHAIR. The time of the gentlewoman has expired.
  Mr. VISCLOSKY. Mr. Chairman, we are a nation of laws. Again, I 
reiterate my objection and would yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentlewoman from Indiana (Mrs. Walorski).
  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 gentlewoman from Indiana 
will be postponed.


                     Amendment Offered by Mr. Nolan

  Mr. NOLAN. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will report the amendment.
  The Clerk read 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 for the ``Afghanistan Infrastructure Fund''.

  The Acting CHAIR. Pursuant to House Resolution 628, the gentleman 
from Minnesota and a Member opposed each will control 5 minutes.
  The Chair recognizes the gentleman from Minnesota.
  Mr. NOLAN. Mr. Chairman, I want to thank the chairman and the ranking 
member for the hard work that they have done in putting this 
appropriation bill together.
  Mr. Chairman, Members of the House, there is a bipartisan group of us 
that have been meeting on a regular basis with the inspector general 
for Afghanistan and Iraq. He has over 200 investigators trying to 
determine where the funds have gone for this Afghan infrastructure 
fund.
  To hear the story, it breaks your heart. Of the last $100 billion 
that have been spent on Afghan infrastructure, they can't find where 
most of that money went. Why? Well, for several reasons. One is that 
Afghanistan is largely a cash economy. So if you want to do a project 
in any of the remote areas, you have to show up with a truckload full 
of cash.
  Secondly, it is now certified as the most corrupt nation in the 
world. It is the number one narco-state in the world, supplying more 
heroin than the rest of the world combined. As the U.S. troops 
withdraw, there is no way to audit these funds, there is no way to 
inspect these funds, and it is an absolutely unmitigated prescription 
for unparalleled fraud.
  It has got to stop, and today and tonight is the time to put an end 
to it. That is why I am offering my amendment here to stop any funds 
from going to this Afghan reconstruction fund.
  Mr. VISCLOSKY. Will the gentleman yield?
  Mr. NOLAN. I yield to the gentleman from Indiana.
  Mr. VISCLOSKY. I appreciate the point that the gentleman is raising 
and certainly would associate myself with his remarks. I do believe it 
will be acceptable to the committee.
  Mr. NOLAN. I thank the gentleman.
  Mr. Chairman, I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Minnesota (Mr. Nolan).
  The amendment was agreed to.


              Amendment Offered by Mrs. Miller of Michigan

  Mrs. MILLER of Michigan. Mr. Chairman, I have an amendment at the 
desk.
  The Acting CHAIR. The Clerk will report the amendment.
  The Clerk read as follows:

       At the end of the bill (before the short title), insert the 
     following:
       Sec. 10002.  None of the funds made available by this Act 
     may be used to divest, retire, transfer, or place in storage, 
     or prepare to divest, retire, transfer, or place in storage, 
     any A-10 aircraft, or to disestablish any units of the active 
     or reserve component associated with such aircraft.

  The Acting CHAIR. Pursuant to House Resolution 628, the gentlewoman 
from Michigan and a Member opposed each will control 5 minutes.
  The Chair recognizes the gentlewoman from Michigan.
  Mrs. MILLER of Michigan. Mr. Chairman, I offer this amendment because 
I stand shoulder to shoulder with the troops on the ground, any one of 
whom will tell you that the champion workhorse aircraft in theater in 
both Iraq and Afghanistan has been the A-10.
  Now, it might be an old airplane, but I will tell you it has been 
proven to be ideally suited for its mission. It is lethal, it is 
incredibly effective, and when our troops on the ground, Mr. Chairman, 
hear it coming, they know what it means. But guess what? So does our 
enemy, because they know pain is coming their way.
  The Air Force wants to save money, but they don't have an adequate 
follow-on at this time. And with what is happening in Iraq and the 
Middle East, eliminating the A-10 is the absolutely wrong move. Army 
Chief of Staff General Odierno says that the A-10 is the best close air 
support aircraft, and I agree, and, most importantly, so do our brave 
men and women on the ground.
  The A-10s were authorized in both the House and Senate Armed Services 
Committee, and I urge my colleagues to continue their support and vote 
``yes'' on this amendment.
  Mr. Chairman, at this time, I am pleased to yield 2 minutes to the 
gentleman from Arizona (Mr. Barber), the cosponsor of this amendment.
  Mr. BARBER. I thank Congresswoman Miller.
  Mr. Chairman, I rise today to offer this important bipartisan 
amendment with my colleague from Michigan and the support of our 
colleagues from Illinois, from Georgia, Arizona, Missouri, and Hawaii. 
Our amendment would protect the A-10 Thunderbolt and keep it flying so 
it can continue to supply support to our troops who are on the ground.
  Last month, I introduced in the House Armed Services Committee an 
amendment that received an overwhelming, bipartisan vote in favor of 
keeping the A-10 flying for FY15. This amendment passed also with 
overwhelming support in committee and on the House floor. It is now a 
part of the House version of the National Defense Authorization Act, 
and, I might add, of the one that is going to be coming out of the 
Senate.
  And now, the House, I believe, wants to ensure, once again, that the 
A-10 is protected because it protects our troops. Our troops deserve 
the best close air support that we can provide, and there is no better 
close air support than the A-10.
  When I talk to soldiers who come home from Iraq and Afghanistan who 
work in my district at Fort Huachuca, they have said over and over 
again, keep the A-10 flying. I was in Afghanistan 2 months ago, and 
marines and Army personnel on the ground said:

       When you go back to the Congress, keep the A-10 flying. It 
     is the best close air support we can have.

  There is no other fixed-wing aircraft that is as proficient as the A-
10 in operating in rugged environments while providing the most 
effective close air support available. With no other aircraft available 
and capable of taking its place with our men and women still in combat, 
we simply cannot allow the A-10 to be grounded. We also cannot afford 
to lose the knowledge and expertise of the pilots that fly this 
aircraft, like those who are stationed in my home district at Davis-
Monthan Air Force Base.
  Mr. Chairman, this is a commonsense amendment. I urge my colleagues 
to support it, as we did in the National Defense Authorization Act, for 
our national security and for our men and women on the ground.
  Mrs. MILLER of Michigan. Mr. Chairman, I would yield at this time 30 
seconds to the gentleman from Georgia (Mr. Austin Scott).
  Mr. AUSTIN SCOTT of Georgia. Mr. Chairman, I rise in support of this 
amendment to preserve the A-10 Warthog, as well. This is the most 
effective, cost-efficient aircraft that we have for the missions that 
we are engaged in right now.

[[Page H5486]]

  Our men and women who are out there in harm's way deserve to have 
this aircraft flying above them and protecting them. Our enemies run in 
fear from it, and, quite honestly, I think it is the best money we can 
spend in protecting our troops while they are on the ground.
  The A-10 Warthog is the most effective aircraft for close air 
support. We need it for the missions we are in now, and we are going to 
need it for the missions tomorrow.
  Mrs. MILLER of Michigan. Mr. Chairman, at this time, I yield 1 minute 
to the gentleman from Utah (Mr. Stewart) who has very personal 
experience with the ability of the A-10.
  Mr. STEWART. Mr. Chairman, I would like to thank the gentlewoman for 
giving me 1 minute to speak on this.
  I was an Air Force pilot for 14 years. I flew for 7 years as a combat 
rescue helicopter pilot. We flew and exercised with the A-10s all the 
time. I also flew for 7 years the B-1. We were tasked with this mission 
of close air support. I am not here because I have A-10s in my 
district. I am here because I realize what an invaluable resource this 
is.
  Close air support is an incredibly delicate and unforgiving mission. 
If you hit the wrong bridge, people will forgive you. If you frag your 
own troops, you will never forgive yourself. It is best done by an 
aircraft that is low and slow, that has superb communications and 
superb visibility.
  There is nothing that is as good as the A-10 is in this mission. I 
know that from my own experience. That is why I rise and stand in 
support of this very important amendment.
  Mrs. MILLER of Michigan. Mr. Chairman, I would urge all of our 
colleagues to join us in supporting our troops by supporting this 
amendment, and I would say before you vote ``yes'' or ``no,'' speak to 
those who have actually fought in combat on the ground in the battle 
zones of Iraq and Afghanistan, and I am very confident that the message 
you will hear from them will be the same message that all of us have 
gotten, and that is to keep the A-10 flying.
  Mr. Chairman, I yield back 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 stipulate at the onset that 
the A-10 Thunderbolt is a tremendous aircraft. We have heard it from 
somebody who piloted one, and certainly we are listening to our 
colleagues from the respective States that have A-10s, and they could 
testify, as I am sure others can, as to their value. But close air 
support is also provided--actually 80 percent--by other aircraft, and 
that has been true since 2008.
  The Air Force itself has recommended the retirement of the entire 
fleet. It is not going to happen overnight. It is not going to happen 
by 2019. At some point in time it is going to happen because this is 
not about saving millions of dollars, this is about saving billions of 
dollars--nearly $4 billion. And the money that we will save will allow 
us to procure the next generation of aircraft.

                              {time}  2000

  I understand the desire to keep an aircraft that has been doing 
incredible work for 30 or 40 years, but it is time we look to the 
future and make that investment.
  I am pleased to yield to the ranking member, the gentleman from 
Indiana (Mr. Visclosky).
  Mr. VISCLOSKY. I appreciate the chairman yielding and would also add 
my comments that the A-10 is a wonderful aircraft. The B-17 Flying 
Fortress was a wonderful aircraft. It was replaced. The Kiowa Warrior 
was indispensable during Vietnam. It is being replaced.
  The A-10 is being replaced over a protracted period of time. In the 
interim, other aircraft are going to take its place until the F-35 is 
prepared to do its mission.
  The second point I would make is that the Chief of Staff for the Air 
Force flew the A-10. It is their recommendation to phase this plane 
out. The Air Force has also stated to the committee that, if given 
another $4.3 billion, they have a whole range of other options they 
would pursue before continuing the A-10 program.
  The final observation I would make is that the amendment is somewhat 
disingenuous, and I don't say that in a pejorative sense because I know 
that is not the intent of my colleagues, but while it would sound to 
our colleagues that there is no money involved in this amendment, I 
would propose that I would like to find $339 million that is not in the 
bill because you now need crews and you need fuel and you need 
maintenance that is not in the bill because we agreed with the 
administration's position.
  There is another $200 million that would be required over the next 
year for spares and modifications of this aircraft.
  Essentially, you are leaving the committee now in a position of $600 
million by simply saying no funds shall be used to terminate this 
program during the coming year that aren't in the bill, and the author 
of the amendment and those who support it have not shown us where that 
money is going to come from in this bill.
  I strongly urge my colleagues, for the reasons stated in my opening 
remarks, we have to begin to make some tough decisions. There is a 
finite amount of money in this bill.
  Mrs. MILLER of Michigan. Will the gentleman yield?
  Mr. FRELINGHUYSEN. I yield to the gentlewoman.
  Mrs. MILLER of Michigan. I would just indicate that we had several 
other amendments that we offered up to the committee, but we were told 
there would be a point of order on those amendments, so we had offsets 
articulated in those amendments, so we were looking for additional 
dollars.
  Mr. VISCLOSKY. Will the gentleman yield?
  Mr. FRELINGHUYSEN. I yield to the gentleman from Indiana.
  Mr. VISCLOSKY. I appreciate that, but the fact is there is no offset 
in this amendment and the cost to the committee is $600 million that is 
not in the bill. I appreciate the chairman yielding to me.
  Mr. FRELINGHUYSEN. I reclaim my time, and I urge a ``no'' vote on 
this amendment.
  I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentlewoman from Michigan (Mrs. Miller).
  The question was taken; and the Acting Chair announced that the ayes 
appeared to have it.
  Mrs. MILLER of Michigan. 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 gentlewoman from Michigan 
will be postponed.


                    Amendment Offered by Mr. Grayson

  Mr. GRAYSON. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will report the amendment.
  The Clerk read 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 make aircraft (including unmanned aerial vehicles), 
     armored vehicles, grenade launchers, silencers, toxicological 
     agents (including chemical agents, biological agents, and 
     associated equipment), launch vehicles, guided missiles, 
     ballistic missiles, rockets, torpedoes, bombs, mines, or 
     nuclear weapons (as identified for demilitarization purposes 
     outlined in Department of Defense Manual 4160.28) available 
     to local law enforcement agencies through the Department of 
     Defense Excess Personal Property Program established pursuant 
     to section 1033 of Public Law 104-201, the `National Defense 
     Authorization Act For Fiscal Year 1997'.

  Mr. FRELINGHUYSEN. Mr. Chairman, I reserve a point of order on the 
gentleman's amendment.
  The Acting CHAIR. A point of order is reserved on the amendment.
  Pursuant to House Resolution 628, the gentleman from Florida and a 
Member opposed each will control 5 minutes.
  The Chair recognizes the gentleman from Florida.
  Mr. GRAYSON. Mr. Chairman, I rise today to address a growing problem 
throughout our country, the militarization of local law enforcement 
agencies.
  Police in our communities should be engaged in community policing. 
Unfortunately, all too often, local police departments have begun to 
look like

[[Page H5487]]

military units preparing for battle on America's streets.
  We fight our wars abroad, not at home, and the weapons and tactics 
used on our local streets should reflect that fact.
  The New York Times recently reported that:

       Police departments have received thousands of pieces of 
     camouflage and night-vision equipment and hundreds of 
     silencers, armored cars, and aircraft.

  I think this is appalling. My amendment would prohibit the Department 
of Defense from gifting excess equipment, such as aircraft--including 
drones--armored vehicles, grenade launchers, silencers, bombs, and so 
on to local police departments.
  There is no mass rebellion brewing here in the United States. There 
are no improvised explosive devices on the sides of our roads, but the 
abuse of military equipment to ward off these nonexistent threats is 
happening nonetheless.
  So, of course, what you would expect to happen is happening. As The 
New York Times article, ``War Gear Flows to Police Departments'' 
explains:

       Police SWAT teams are now deployed tens of thousands of 
     times each year, increasingly for routine jobs. Masked, 
     heavily-armed police officers raided a nightclub in 2006 as 
     part of a liquor inspection. In Florida in 2010, officers in 
     SWAT gear and with guns drawn carried out raids on 
     barbershops that mostly led to charges of ``barbering without 
     a license.''

  DOD equipment is changing the mentality of police departments 
throughout our country. Recruiting videos now feature clips of officers 
storming into homes with smoke grenades and firing automatic weapons 
into homes, as well as clips of officers creeping through the fields in 
camouflage--war camouflage. This is not policing; this is war.
  One South Carolina sheriff's department now takes its new tanklike 
vehicle with a mounted .50-caliber gun to schools and community events. 
The department spokesman said his tank is a conversation starter. That 
is not a conversation I want us to have.
  I think this is wrong. The Federal Government should not be 
encouraging our public servants to view America as occupied territory. 
I prefer the views of Ronald Teachman, the police chief in South Bend, 
Indiana.
  According to that New York Times article, he decided not to request a 
mine-resistant vehicle for his city of South Bend, Indiana. He said:

       I go to schools, and I bring ``Green Eggs and Ham.''

  Let's encourage leaders like the very appropriately named Ronald 
Teachman. Let's not treat our citizens as terrorists, and let's help 
our police act like the public servants they need to be.
  I reserve the balance of my time.


                             Point of Order

  Mr. FRELINGHUYSEN. Mr. Chairman, I make a point of order against the 
amendment because it proposes to change existing law and constitutes 
legislation in an appropriation bill and, therefore, violates clause 2 
of rule XXI.
  The rule states in pertinent part:
  ``An amendment to a general appropriation bill shall not be in order 
if changing existing law.''
  The amendment requires a new determination.
  I ask for a ruling from the Chair.
  The Acting CHAIR. Does the gentleman from Florida wish to be heard on 
the point of order?
  Mr. GRAYSON. Yes.
  The Acting CHAIR. The gentleman from Florida is recognized.
  Mr. GRAYSON. There is no new determination out of this amendment. I 
call your attention to the specific language here. It says:

       None of the funds made available in this act may be used to 
     make aircraft (including unmanned aerial vehicles), armored 
     vehicles, grenade launchers, silencers, toxicological agents 
     (including chemical agents, biological agents, and associated 
     equipment), launch vehicles, guided missiles, ballistic 
     missiles, rockets, torpedoes, bombs, mines, or nuclear 
     weapons (as identified for demilitarization purposes outlined 
     in Department of Defense Manual 4160.28).

  In other words, all the terms that I just described are as identified 
for demilitarization purposes as outlined in Department of Defense 
Manual 4160.28. Since they are in the Department of Defense Manual 
4160.28, they require no new determination of law.
  I will continue:

       Available to local law enforcement agencies through the 
     Department of Defense Excess Personal Property Program.

  Again, local enforcement agencies is a defined term under statute. 
The Excess Personal Property Program is established, as this amendment 
indicates, pursuant to section 1033 of Public Law 104-201, the National 
Defense Authorization Act for Fiscal Year 2007.
  Therefore, every single term that is used here is a term defined in 
law. There is no new determination to be made by anybody, including the 
people who enforce this amendment.
  The Acting CHAIR. Does any other Member wish to be heard on the point 
of order?
  If not, the Chair is prepared to rule.
  The Chair finds that this amendment includes language requiring a new 
determination as to the meaning of ``local law enforcement agencies'' 
within the context of the Department of Defense Excess Personal 
Property Program.
  The amendment, therefore, constitutes legislation in violation of 
clause 2 of rule XXI.
  The point of order is sustained, and the amendment is not in order.
  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. 
Daines) having assumed the chair, Mr. Collins of Georgia, 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. 
4870) making appropriations for the Department of Defense for the 
fiscal year ending September 30, 2015, and for other purposes, had come 
to no resolution thereon.

                          ____________________