II 

Calendar No. 498 

115TH CONGRESS 

2D SESSION S. 3159 

[Report No. 115–290] 

Making appropriations for the Department of Defense for the fiscal year 

ending September 30, 2019, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 28, 2018 

Mr. SHELBY, from the Committee on Appropriations, reported the following 

original bill; which was read twice and placed on the calendar 

A BILL 

Making appropriations for the Department of Defense for 

the fiscal year ending September 30, 2019, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 Department of Defense for the fiscal year ending Sep6 tember 30, 2019, and for other purposes, namely: 
2 

•S 3159 PCS

1 TITLE I 

2 MILITARY PERSONNEL 

3 MILITARY PERSONNEL, ARMY

4 For pay, allowances, individual clothing, subsistence, 

5 interest on deposits, gratuities, permanent change of sta6 tion travel (including all expenses thereof for organiza7 tional movements), and expenses of temporary duty travel 

8 between permanent duty stations, for members of the 

9 Army on active duty (except members of reserve compo10 nents provided for elsewhere), cadets, and aviation cadets; 

11 for members of the Reserve Officers’ Training Corps; and 

12 for payments pursuant to section 156 of Public Law 97– 

13 377, as amended (42 U.S.C. 402 note), and to the Depart14 ment of Defense Military Retirement Fund, 

15 $43,060,042,000. 

16 MILITARY PERSONNEL, NAVY

17 For pay, allowances, individual clothing, subsistence, 

18 interest on deposits, gratuities, permanent change of sta19 tion travel (including all expenses thereof for organiza20 tional movements), and expenses of temporary duty travel 

21 between permanent duty stations, for members of the 

22 Navy on active duty (except members of the Reserve pro23 vided for elsewhere), midshipmen, and aviation cadets; for 

24 members of the Reserve Officers’ Training Corps; and for 

25 payments pursuant to section 156 of Public Law 97–377, 
3 

•S 3159 PCS

1 as amended (42 U.S.C. 402 note), and to the Department 

2 of Defense Military Retirement Fund, $30,305,481,000. 

3 MILITARY PERSONNEL, MARINE CORPS

4 For pay, allowances, individual clothing, subsistence, 

5 interest on deposits, gratuities, permanent change of sta6 tion travel (including all expenses thereof for organiza7 tional movements), and expenses of temporary duty travel 

8 between permanent duty stations, for members of the Ma9 rine Corps on active duty (except members of the Reserve 

10 provided for elsewhere); and for payments pursuant to sec11 tion 156 of Public Law 97–377, as amended (42 U.S.C. 

12 402 note), and to the Department of Defense Military Re13 tirement Fund, $13,799,038,000. 

14 MILITARY PERSONNEL, AIR FORCE

15 For pay, allowances, individual clothing, subsistence, 

16 interest on deposits, gratuities, permanent change of sta17 tion travel (including all expenses thereof for organiza18 tional movements), and expenses of temporary duty travel 

19 between permanent duty stations, for members of the Air 

20 Force on active duty (except members of reserve compo21 nents provided for elsewhere), cadets, and aviation cadets; 

22 for members of the Reserve Officers’ Training Corps; and 

23 for payments pursuant to section 156 of Public Law 97– 

24 377, as amended (42 U.S.C. 402 note), and to the Depart-
4 

•S 3159 PCS

1 ment of Defense Military Retirement Fund, 

2 $30,173,691,000. 

3 RESERVE PERSONNEL, ARMY

4 For pay, allowances, clothing, subsistence, gratuities, 

5 travel, and related expenses for personnel of the Army Re6 serve on active duty under sections 10211, 10302, and 

7 3038 of title 10, United States Code, or while serving on 

8 active duty under section 12301(d) of title 10, United 

9 States Code, in connection with performing duty specified 

10 in section 12310(a) of title 10, United States Code, or 

11 while undergoing reserve training, or while performing 

12 drills or equivalent duty or other duty, and expenses au13 thorized by section 16131 of title 10, United States Code; 

14 and for payments to the Department of Defense Military 

15 Retirement Fund, $4,870,947,000. 

16 RESERVE PERSONNEL, NAVY

17 For pay, allowances, clothing, subsistence, gratuities, 

18 travel, and related expenses for personnel of the Navy Re19 serve on active duty under section 10211 of title 10, 

20 United States Code, or while serving on active duty under 

21 section 12301(d) of title 10, United States Code, in con22 nection with performing duty specified in section 12310(a) 

23 of title 10, United States Code, or while undergoing re24 serve training, or while performing drills or equivalent 

25 duty, and expenses authorized by section 16131 of title 
5 

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1 10, United States Code; and for payments to the Depart2 ment of Defense Military Retirement Fund, 

3 $2,059,521,000. 

4 RESERVE PERSONNEL, MARINE CORPS

5 For pay, allowances, clothing, subsistence, gratuities, 

6 travel, and related expenses for personnel of the Marine 

7 Corps Reserve on active duty under section 10211 of title 

8 10, United States Code, or while serving on active duty 

9 under section 12301(d) of title 10, United States Code, 

10 in connection with performing duty specified in section 

11 12310(a) of title 10, United States Code, or while under12 going reserve training, or while performing drills or equiv13 alent duty, and for members of the Marine Corps platoon 

14 leaders class, and expenses authorized by section 16131 

15 of title 10, United States Code; and for payments to the 

16 Department of Defense Military Retirement Fund, 

17 $787,090,000. 

18 RESERVE PERSONNEL, AIR FORCE

19 For pay, allowances, clothing, subsistence, gratuities, 

20 travel, and related expenses for personnel of the Air Force 

21 Reserve on active duty under sections 10211, 10305, and 

22 8038 of title 10, United States Code, or while serving on 

23 active duty under section 12301(d) of title 10, United 

24 States Code, in connection with performing duty specified 

25 in section 12310(a) of title 10, United States Code, or 
6 

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1 while undergoing reserve training, or while performing 

2 drills or equivalent duty or other duty, and expenses au3 thorized by section 16131 of title 10, United States Code; 

4 and for payments to the Department of Defense Military 

5 Retirement Fund, $1,871,286,000. 

6 NATIONAL GUARD PERSONNEL, ARMY

7 For pay, allowances, clothing, subsistence, gratuities, 

8 travel, and related expenses for personnel of the Army Na9 tional Guard while on duty under sections 10211, 10302, 

10 or 12402 of title 10 or section 708 of title 32, United 

11 States Code, or while serving on duty under section 

12 12301(d) of title 10 or section 502(f) of title 32, United 

13 States Code, in connection with performing duty specified 

14 in section 12310(a) of title 10, United States Code, or 

15 while undergoing training, or while performing drills or 

16 equivalent duty or other duty, and expenses authorized by 

17 section 16131 of title 10, United States Code; and for pay18 ments to the Department of Defense Military Retirement 

19 Fund, $8,650,645,000. 

20 NATIONAL GUARD PERSONNEL, AIR FORCE

21 For pay, allowances, clothing, subsistence, gratuities, 

22 travel, and related expenses for personnel of the Air Na23 tional Guard on duty under sections 10211, 10305, or 

24 12402 of title 10 or section 708 of title 32, United States 

25 Code, or while serving on duty under section 12301(d) of 
7 

•S 3159 PCS

1 title 10 or section 502(f) of title 32, United States Code, 

2 in connection with performing duty specified in section 

3 12310(a) of title 10, United States Code, or while under4 going training, or while performing drills or equivalent 

5 duty or other duty, and expenses authorized by section 

6 16131 of title 10, United States Code; and for payments 

7 to the Department of Defense Military Retirement Fund, 

8 $3,718,780,000. 

9 TITLE II 

10 OPERATION AND MAINTENANCE 

11 OPERATION AND MAINTENANCE, ARMY

12 For expenses, not otherwise provided for, necessary 

13 for the operation and maintenance of the Army, as author14 ized by law, $40,634,715,000: Provided, That not to ex15 ceed $12,478,000 can be used for emergencies and ex16 traordinary expenses, to be expended on the approval or 

17 authority of the Secretary of the Army, and payments may 

18 be made on his certificate of necessity for confidential mili19 tary purposes. 

20 OPERATION AND MAINTENANCE, NAVY

21 For expenses, not otherwise provided for, necessary 

22 for the operation and maintenance of the Navy and the 

23 Marine Corps, as authorized by law, $47,296,183,000: 

24 Provided, That not to exceed $15,055,000 can be used for 

25 emergencies and extraordinary expenses, to be expended 
8 

•S 3159 PCS

1 on the approval or authority of the Secretary of the Navy, 

2 and payments may be made on his certificate of necessity 

3 for confidential military purposes. 

4 OPERATION AND MAINTENANCE, MARINE CORPS

5 For expenses, not otherwise provided for, necessary 

6 for the operation and maintenance of the Marine Corps, 

7 as authorized by law, $6,372,000,000. 

8 OPERATION AND MAINTENANCE, AIR FORCE

9 For expenses, not otherwise provided for, necessary 

10 for the operation and maintenance of the Air Force, as 

11 authorized by law, $40,775,374,000: Provided, That not 

12 to exceed $7,699,000 can be used for emergencies and ex13 traordinary expenses, to be expended on the approval or 

14 authority of the Secretary of the Air Force, and payments 

15 may be made on his certificate of necessity for confidential 

16 military purposes. 

17 OPERATION AND MAINTENANCE, DEFENSE-WIDE

18 (INCLUDING TRANSFER OF FUNDS)

19 For expenses, not otherwise provided for, necessary 

20 for the operation and maintenance of activities and agen21 cies of the Department of Defense (other than the military 

22 departments), as authorized by law, $35,662,783,000: 

23 Provided, That not more than $7,503,000 may be used 

24 for the Combatant Commander Initiative Fund authorized 

25 under section 166a of title 10, United States Code: Pro-
9 

•S 3159 PCS

1 vided further, That not to exceed $36,000,000 can be used 

2 for emergencies and extraordinary expenses, to be ex3 pended on the approval or authority of the Secretary of 

4 Defense, and payments may be made on his certificate of 

5 necessity for confidential military purposes: Provided fur6 ther, That of the funds provided under this heading, not 

7 less than $33,025,000 shall be made available for the Pro8 curement Technical Assistance Cooperative Agreement 

9 Program, of which not less than $2,600,000 shall be avail10 able for centers defined in 10 U.S.C. 2411(1)(D): Pro11 vided further, That none of the funds appropriated or oth12 erwise made available by this Act may be used to plan 

13 or implement the consolidation of a budget or appropria14 tions liaison office of the Office of the Secretary of De15 fense, the office of the Secretary of a military department, 

16 or the service headquarters of one of the Armed Forces 

17 into a legislative affairs or legislative liaison office: Pro18 vided further, That $19,160,000, to remain available until 

19 expended, is available only for expenses relating to certain 

20 classified activities, and may be transferred as necessary 

21 by the Secretary of Defense to operation and maintenance 

22 appropriations or research, development, test and evalua23 tion appropriations, to be merged with and to be available 

24 for the same time period as the appropriations to which 

25 transferred: Provided further, That any ceiling on the in-
10 

•S 3159 PCS

1 vestment item unit cost of items that may be purchased 

2 with operation and maintenance funds shall not apply to 

3 the funds described in the preceding proviso: Provided fur4 ther, That of the funds provided under this heading, 

5 $686,744,000, of which $171,686,000, to remain available 

6 until September 30, 2020, shall be available to provide 

7 support and assistance to foreign security forces or other 

8 groups or individuals to conduct, support or facilitate 

9 counterterrorism, crisis response, or other Department of 

10 Defense security cooperation programs: Provided further, 

11 That the transfer authority provided under this heading 

12 is in addition to any other transfer authority provided else13 where in this Act. 

14 OPERATION AND MAINTENANCE, ARMY RESERVE

15 For expenses, not otherwise provided for, necessary 

16 for the operation and maintenance, including training, or17 ganization, and administration, of the Army Reserve; re18 pair of facilities and equipment; hire of passenger motor 

19 vehicles; travel and transportation; care of the dead; re20 cruiting; procurement of services, supplies, and equip21 ment; and communications, $2,854,909,000. 

22 OPERATION AND MAINTENANCE, NAVY RESERVE

23 For expenses, not otherwise provided for, necessary 

24 for the operation and maintenance, including training, or25 ganization, and administration, of the Navy Reserve; re-
11 

•S 3159 PCS

1 pair of facilities and equipment; hire of passenger motor 

2 vehicles; travel and transportation; care of the dead; re3 cruiting; procurement of services, supplies, and equip4 ment; and communications, $1,018,006,000. 

5 OPERATION AND MAINTENANCE, MARINE CORPS

6 RESERVE

7 For expenses, not otherwise provided for, necessary 

8 for the operation and maintenance, including training, or9 ganization, and administration, of the Marine Corps Re10 serve; repair of facilities and equipment; hire of passenger 

11 motor vehicles; travel and transportation; care of the dead; 

12 recruiting; procurement of services, supplies, and equip13 ment; and communications, $271,570,000. 

14 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

15 For expenses, not otherwise provided for, necessary 

16 for the operation and maintenance, including training, or17 ganization, and administration, of the Air Force Reserve; 

18 repair of facilities and equipment; hire of passenger motor 

19 vehicles; travel and transportation; care of the dead; re20 cruiting; procurement of services, supplies, and equip21 ment; and communications, $3,247,534,000. 

22 OPERATION AND MAINTENANCE, ARMY NATIONAL

23 GUARD

24 For expenses of training, organizing, and admin25 istering the Army National Guard, including medical and 
12 

•S 3159 PCS

1 hospital treatment and related expenses in non-Federal 

2 hospitals; maintenance, operation, and repairs to struc3 tures and facilities; hire of passenger motor vehicles; per4 sonnel services in the National Guard Bureau; travel ex5 penses (other than mileage), as authorized by law for 

6 Army personnel on active duty, for Army National Guard 

7 division, regimental, and battalion commanders while in8 specting units in compliance with National Guard Bureau 

9 regulations when specifically authorized by the Chief, Na10 tional Guard Bureau; supplying and equipping the Army 

11 National Guard as authorized by law; and expenses of re12 pair, modification, maintenance, and issue of supplies and 

13 equipment (including aircraft), $7,261,295,000. 

14 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

15 For expenses of training, organizing, and admin16 istering the Air National Guard, including medical and 

17 hospital treatment and related expenses in non-Federal 

18 hospitals; maintenance, operation, and repairs to struc19 tures and facilities; transportation of things, hire of pas20 senger motor vehicles; supplying and equipping the Air 

21 National Guard, as authorized by law; expenses for repair, 

22 modification, maintenance, and issue of supplies and 

23 equipment, including those furnished from stocks under 

24 the control of agencies of the Department of Defense; 

25 travel expenses (other than mileage) on the same basis as 
13 

•S 3159 PCS

1 authorized by law for Air National Guard personnel on 

2 active Federal duty, for Air National Guard commanders 

3 while inspecting units in compliance with National Guard 

4 Bureau regulations when specifically authorized by the 

5 Chief, National Guard Bureau, $6,433,697,000. 

6 UNITED STATES COURT OF APPEALS FOR THE ARMED

7 FORCES

8 For salaries and expenses necessary for the United 

9 States Court of Appeals for the Armed Forces, 

10 $14,662,000, of which not to exceed $5,000 may be used 

11 for official representation purposes. 

12 ENVIRONMENTAL RESTORATION, ARMY

13 (INCLUDING TRANSFER OF FUNDS)

14 For the Department of the Army, $228,449,000, to 

15 remain available until transferred: Provided, That the Sec16 retary of the Army shall, upon determining that such 

17 funds are required for environmental restoration, reduc18 tion and recycling of hazardous waste, removal of unsafe 

19 buildings and debris of the Department of the Army, or 

20 for similar purposes, transfer the funds made available by 

21 this appropriation to other appropriations made available 

22 to the Department of the Army, to be merged with and 

23 to be available for the same purposes and for the same 

24 time period as the appropriations to which transferred: 

25 Provided further, That upon a determination that all or 
14 

•S 3159 PCS

1 part of the funds transferred from this appropriation are 

2 not necessary for the purposes provided herein, such 

3 amounts may be transferred back to this appropriation: 

4 Provided further, That the transfer authority provided 

5 under this heading is in addition to any other transfer au6 thority provided elsewhere in this Act. 

7 ENVIRONMENTAL RESTORATION, NAVY

8 (INCLUDING TRANSFER OF FUNDS)

9 For the Department of the Navy, $329,253,000, to 

10 remain available until transferred: Provided, That the Sec11 retary of the Navy shall, upon determining that such 

12 funds are required for environmental restoration, reduc13 tion and recycling of hazardous waste, removal of unsafe 

14 buildings and debris of the Department of the Navy, or 

15 for similar purposes, transfer the funds made available by 

16 this appropriation to other appropriations made available 

17 to the Department of the Navy, to be merged with and 

18 to be available for the same purposes and for the same 

19 time period as the appropriations to which transferred: 

20 Provided further, That upon a determination that all or 

21 part of the funds transferred from this appropriation are 

22 not necessary for the purposes provided herein, such 

23 amounts may be transferred back to this appropriation: 

24 Provided further, That the transfer authority provided 
15 

•S 3159 PCS

1 under this heading is in addition to any other transfer au2 thority provided elsewhere in this Act. 

3 ENVIRONMENTAL RESTORATION, AIR FORCE

4 (INCLUDING TRANSFER OF FUNDS)

5 For the Department of the Air Force, $365,808,000, 

6 to remain available until transferred: Provided, That the 

7 Secretary of the Air Force shall, upon determining that 

8 such funds are required for environmental restoration, re9 duction and recycling of hazardous waste, removal of un10 safe buildings and debris of the Department of the Air 

11 Force, or for similar purposes, transfer the funds made 

12 available by this appropriation to other appropriations 

13 made available to the Department of the Air Force, to be 

14 merged with and to be available for the same purposes 

15 and for the same time period as the appropriations to 

16 which transferred: Provided further, That upon a deter17 mination that all or part of the funds transferred from 

18 this appropriation are not necessary for the purposes pro19 vided herein, such amounts may be transferred back to 

20 this appropriation: Provided further, That the transfer au21 thority provided under this heading is in addition to any 

22 other transfer authority provided elsewhere in this Act. 
16 

•S 3159 PCS

1 ENVIRONMENTAL RESTORATION, DEFENSE-WIDE

2 (INCLUDING TRANSFER OF FUNDS)

3 For the Department of Defense, $8,926,000, to re4 main available until transferred: Provided, That the Sec5 retary of Defense shall, upon determining that such funds 

6 are required for environmental restoration, reduction and 

7 recycling of hazardous waste, removal of unsafe buildings 

8 and debris of the Department of Defense, or for similar 

9 purposes, transfer the funds made available by this appro10 priation to other appropriations made available to the De11 partment of Defense, to be merged with and to be avail12 able for the same purposes and for the same time period 

13 as the appropriations to which transferred: Provided fur14 ther, That upon a determination that all or part of the 

15 funds transferred from this appropriation are not nec16 essary for the purposes provided herein, such amounts 

17 may be transferred back to this appropriation: Provided 

18 further, That the transfer authority provided under this 

19 heading is in addition to any other transfer authority pro20 vided elsewhere in this Act. 

21 ENVIRONMENTAL RESTORATION, FORMERLY USED

22 DEFENSE SITES

23 (INCLUDING TRANSFER OF FUNDS)

24 For the Department of the Army, $212,346,000, to 

25 remain available until transferred: Provided, That the Sec-
17 

•S 3159 PCS

1 retary of the Army shall, upon determining that such 

2 funds are required for environmental restoration, reduc3 tion and recycling of hazardous waste, removal of unsafe 

4 buildings and debris at sites formerly used by the Depart5 ment of Defense, transfer the funds made available by this 

6 appropriation to other appropriations made available to 

7 the Department of the Army, to be merged with and to 

8 be available for the same purposes and for the same time 

9 period as the appropriations to which transferred: Pro10 vided further, That upon a determination that all or part 

11 of the funds transferred from this appropriation are not 

12 necessary for the purposes provided herein, such amounts 

13 may be transferred back to this appropriation: Provided 

14 further, That the transfer authority provided under this 

15 heading is in addition to any other transfer authority pro16 vided elsewhere in this Act. 

17 OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

18 For expenses relating to the Overseas Humanitarian, 

19 Disaster, and Civic Aid programs of the Department of 

20 Defense (consisting of the programs provided under sec21 tions 401, 402, 404, 407, 2557, and 2561 of title 10, 

22 United States Code), $107,663,000, to remain available 

23 until September 30, 2020. 
18 

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1 COOPERATIVE THREAT REDUCTION ACCOUNT

2 For assistance, including assistance provided by con3 tract or by grants, under programs and activities of the 

4 Department of Defense Cooperative Threat Reduction 

5 Program authorized under the Department of Defense Co6 operative Threat Reduction Act, $335,240,000, to remain 

7 available until September 30, 2021. 

8 DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE

9 DEVELOPMENT FUND

10 For the Department of Defense Acquisition Work11 force Development Fund, $552,000,000, to remain avail12 able for obligation until September 30, 2020: Provided, 

13 That no other amounts may be otherwise credited or 

14 transferred to the Fund, or deposited into the Fund, in 

15 fiscal year 2019 pursuant to section 1705(d) of title 10, 

16 United States Code. 
19 

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1 TITLE III 

2 PROCUREMENT 

3 AIRCRAFT PROCUREMENT, ARMY

4 For construction, procurement, production, modifica5 tion, and modernization of aircraft, equipment, including 

6 ordnance, ground handling equipment, spare parts, and 

7 accessories therefor; specialized equipment and training 

8 devices; expansion of public and private plants, including 

9 the land necessary therefor, for the foregoing purposes, 

10 and such lands and interests therein, may be acquired, 

11 and construction prosecuted thereon prior to approval of 

12 title; and procurement and installation of equipment, ap13 pliances, and machine tools in public and private plants; 

14 reserve plant and Government and contractor-owned 

15 equipment layaway; and other expenses necessary for the 

16 foregoing purposes, $4,890,658,000, to remain available 

17 for obligation until September 30, 2021. 

18 MISSILE PROCUREMENT, ARMY

19 For construction, procurement, production, modifica20 tion, and modernization of missiles, equipment, including 

21 ordnance, ground handling equipment, spare parts, and 

22 accessories therefor; specialized equipment and training 

23 devices; expansion of public and private plants, including 

24 the land necessary therefor, for the foregoing purposes, 

25 and such lands and interests therein, may be acquired, 
20 

•S 3159 PCS

1 and construction prosecuted thereon prior to approval of 

2 title; and procurement and installation of equipment, ap3 pliances, and machine tools in public and private plants; 

4 reserve plant and Government and contractor-owned 

5 equipment layaway; and other expenses necessary for the 

6 foregoing purposes, $3,160,597,000, to remain available 

7 for obligation until September 30, 2021. 

8 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

9 VEHICLES, ARMY

10 For construction, procurement, production, and 

11 modification of weapons and tracked combat vehicles, 

12 equipment, including ordnance, spare parts, and acces13 sories therefor; specialized equipment and training devices; 

14 expansion of public and private plants, including the land 

15 necessary therefor, for the foregoing purposes, and such 

16 lands and interests therein, may be acquired, and con17 struction prosecuted thereon prior to approval of title; and 

18 procurement and installation of equipment, appliances, 

19 and machine tools in public and private plants; reserve 

20 plant and Government and contractor-owned equipment 

21 layaway; and other expenses necessary for the foregoing 

22 purposes, $4,515,290,000, to remain available for obliga23 tion until September 30, 2021. 
21 

•S 3159 PCS

1 PROCUREMENT OF AMMUNITION, ARMY

2 For construction, procurement, production, and 

3 modification of ammunition, and accessories therefor; spe4 cialized equipment and training devices; expansion of pub5 lic and private plants, including ammunition facilities, au6 thorized by section 2854 of title 10, United States Code, 

7 and the land necessary therefor, for the foregoing pur8 poses, and such lands and interests therein, may be ac9 quired, and construction prosecuted thereon prior to ap10 proval of title; and procurement and installation of equip11 ment, appliances, and machine tools in public and private 

12 plants; reserve plant and Government and contractor13 owned equipment layaway; and other expenses necessary 

14 for the foregoing purposes, $2,283,369,000, to remain 

15 available for obligation until September 30, 2021. 

16 OTHER PROCUREMENT, ARMY

17 For construction, procurement, production, and 

18 modification of vehicles, including tactical, support, and 

19 non-tracked combat vehicles; the purchase of passenger 

20 motor vehicles for replacement only; communications and 

21 electronic equipment; other support equipment; spare 

22 parts, ordnance, and accessories therefor; specialized 

23 equipment and training devices; expansion of public and 

24 private plants, including the land necessary therefor, for 

25 the foregoing purposes, and such lands and interests 
22 

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1 therein, may be acquired, and construction prosecuted 

2 thereon prior to approval of title; and procurement and 

3 installation of equipment, appliances, and machine tools 

4 in public and private plants; reserve plant and Govern5 ment and contractor-owned equipment layaway; and other 

6 expenses necessary for the foregoing purposes, 

7 $7,709,078,000, to remain available for obligation until 

8 September 30, 2021. 

9 AIRCRAFT PROCUREMENT, NAVY

10 For construction, procurement, production, modifica11 tion, and modernization of aircraft, equipment, including 

12 ordnance, spare parts, and accessories therefor; specialized 

13 equipment; expansion of public and private plants, includ14 ing the land necessary therefor, and such lands and inter15 ests therein, may be acquired, and construction prosecuted 

16 thereon prior to approval of title; and procurement and 

17 installation of equipment, appliances, and machine tools 

18 in public and private plants; reserve plant and Govern19 ment and contractor-owned equipment layaway, 

20 $20,083,169,000, to remain available for obligation until 

21 September 30, 2021. 

22 WEAPONS PROCUREMENT, NAVY

23 For construction, procurement, production, modifica24 tion, and modernization of missiles, torpedoes, other weap25 ons, and related support equipment including spare parts, 
23 

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1 and accessories therefor; expansion of public and private 

2 plants, including the land necessary therefor, and such 

3 lands and interests therein, may be acquired, and con4 struction prosecuted thereon prior to approval of title; and 

5 procurement and installation of equipment, appliances, 

6 and machine tools in public and private plants; reserve 

7 plant and Government and contractor-owned equipment 

8 layaway, $3,780,572,000, to remain available for obliga9 tion until September 30, 2021. 

10 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

11 CORPS

12 For construction, procurement, production, and 

13 modification of ammunition, and accessories therefor; spe14 cialized equipment and training devices; expansion of pub15 lic and private plants, including ammunition facilities, au16 thorized by section 2854 of title 10, United States Code, 

17 and the land necessary therefor, for the foregoing pur18 poses, and such lands and interests therein, may be ac19 quired, and construction prosecuted thereon prior to ap20 proval of title; and procurement and installation of equip21 ment, appliances, and machine tools in public and private 

22 plants; reserve plant and Government and contractor23 owned equipment layaway; and other expenses necessary 

24 for the foregoing purposes, $970,454,000, to remain avail25 able for obligation until September 30, 2021. 
24 

•S 3159 PCS

1 SHIPBUILDING AND CONVERSION, NAVY

2 For expenses necessary for the construction, acquisi3 tion, or conversion of vessels as authorized by law, includ4 ing armor and armament thereof, plant equipment, appli5 ances, and machine tools and installation thereof in public 

6 and private plants; reserve plant and Government and con7 tractor-owned equipment layaway; procurement of critical, 

8 long lead time components and designs for vessels to be 

9 constructed or converted in the future; and expansion of 

10 public and private plants, including land necessary there11 for, and such lands and interests therein, may be acquired, 

12 and construction prosecuted thereon prior to approval of 

13 title, as follows: 

14 Ohio Replacement Submarine (AP), 

15 $3,242,330,000; 

16 Carrier Replacement Program (CVN 80), 

17 $1,573,181,000; 

18 Virginia Class Submarine, $4,373,382,000; 

19 Virginia Class Submarine (AP), 

20 $2,796,401,000; 

21 CVN Refueling Overhauls (AP), $449,597,000; 

22 DDG–1000 Program, $270,965,000; 

23 DDG–51 Destroyer, $5,171,827,000; 

24 DDG–51 Destroyer (AP), $641,928,000; 

25 Littoral Combat Ship, $1,121,244,000; 
25 

•S 3159 PCS

1 LPD–17, $500,000,000; 

2 Expeditionary Sea Base, $650,000,000; 

3 LHA Replacement (AP), $350,000,000; 

4 Expeditionary Fast Transport, $225,000,000; 

5 TAO Fleet Oiler, $977,104,000; 

6 TAO Fleet Oiler (AP), $75,046,000; 

7 Towing Salvage and Rescue Ship, $80,517,000; 

8 LCU 1700, $41,520,000; 

9 Ship to Shore Connector, $325,375,000; 

10 Service Craft, $97,062,000; 

11 LCAC SLEP, $23,321,000; 

12 For outfitting, post delivery, conversions, and 

13 first destination transportation, $550,038,000; 

14 Completion of Prior Year Shipbuilding Pro15 grams, $207,099,000; and 

16 Cable Ship, $250,000,000. 

17 In all: $23,992,937,000, to remain available for obli18 gation until September 30, 2023: Provided, That addi19 tional obligations may be incurred after September 30, 

20 2023, for engineering services, tests, evaluations, and 

21 other such budgeted work that must be performed in the 

22 final stage of ship construction: Provided further, That 

23 none of the funds provided under this heading for the con24 struction or conversion of any naval vessel to be con25 structed in shipyards in the United States shall be ex-
26 

•S 3159 PCS

1 pended in foreign facilities for the construction of major 

2 components of such vessel: Provided further, That none 

3 of the funds provided under this heading shall be used 

4 for the construction of any naval vessel in foreign ship5 yards: Provided further, That funds appropriated or other6 wise made available by this Act for production of the com7 mon missile compartment of nuclear-powered vessels may 

8 be available for multiyear procurement of critical compo9 nents to support continuous production of such compart10 ments only in accordance with the provisions of subsection 

11 (i) of section 2218a of title 10, United States Code (as 

12 added by section 1023 of the National Defense Authoriza13 tion Act for Fiscal Year 2017 (Public Law 114–328)). 

14 OTHER PROCUREMENT, NAVY

15 For procurement, production, and modernization of 

16 support equipment and materials not otherwise provided 

17 for, Navy ordnance (except ordnance for new aircraft, new 

18 ships, and ships authorized for conversion); the purchase 

19 of passenger motor vehicles for replacement only; expan20 sion of public and private plants, including the land nec21 essary therefor, and such lands and interests therein, may 

22 be acquired, and construction prosecuted thereon prior to 

23 approval of title; and procurement and installation of 

24 equipment, appliances, and machine tools in public and 

25 private plants; reserve plant and Government and con-
27 

•S 3159 PCS

1 tractor-owned equipment layaway, $10,393,562,000, to 

2 remain available for obligation until September 30, 2021. 

3 PROCUREMENT, MARINE CORPS

4 For expenses necessary for the procurement, manu5 facture, and modification of missiles, armament, military 

6 equipment, spare parts, and accessories therefor; plant 

7 equipment, appliances, and machine tools, and installation 

8 thereof in public and private plants; reserve plant and 

9 Government and contractor-owned equipment layaway; ve10 hicles for the Marine Corps, including the purchase of pas11 senger motor vehicles for replacement only; and expansion 

12 of public and private plants, including land necessary 

13 therefor, and such lands and interests therein, may be ac14 quired, and construction prosecuted thereon prior to ap15 proval of title, $2,800,997,000, to remain available for ob16 ligation until September 30, 2021. 

17 AIRCRAFT PROCUREMENT, AIR FORCE

18 For construction, procurement, and modification of 

19 aircraft and equipment, including armor and armament, 

20 specialized ground handling equipment, and training de21 vices, spare parts, and accessories therefor; specialized 

22 equipment; expansion of public and private plants, Gov23 ernment-owned equipment and installation thereof in such 

24 plants, erection of structures, and acquisition of land, for 

25 the foregoing purposes, and such lands and interests 
28 

•S 3159 PCS

1 therein, may be acquired, and construction prosecuted 

2 thereon prior to approval of title; reserve plant and Gov3 ernment and contractor-owned equipment layaway; and 

4 other expenses necessary for the foregoing purposes in5 cluding rents and transportation of things, 

6 $15,772,473,000, to remain available for obligation until 

7 September 30, 2021. 

8 MISSILE PROCUREMENT, AIR FORCE

9 For construction, procurement, and modification of 

10 missiles, rockets, and related equipment, including spare 

11 parts and accessories therefor; ground handling equip12 ment, and training devices; expansion of public and pri13 vate plants, Government-owned equipment and installa14 tion thereof in such plants, erection of structures, and ac15 quisition of land, for the foregoing purposes, and such 

16 lands and interests therein, may be acquired, and con17 struction prosecuted thereon prior to approval of title; re18 serve plant and Government and contractor-owned equip19 ment layaway; and other expenses necessary for the fore20 going purposes including rents and transportation of 

21 things, $2,614,954,000, to remain available for obligation 

22 until September 30, 2021. 

23 SPACE PROCUREMENT, AIR FORCE

24 For construction, procurement, and modification of 

25 spacecraft, rockets, and related equipment, including 
29 

•S 3159 PCS

1 spare parts and accessories therefor; ground handling 

2 equipment, and training devices; expansion of public and 

3 private plants, Government-owned equipment and installa4 tion thereof in such plants, erection of structures, and ac5 quisition of land, for the foregoing purposes, and such 

6 lands and interests therein, may be acquired, and con7 struction prosecuted thereon prior to approval of title; re8 serve plant and Government and contractor-owned equip9 ment layaway; and other expenses necessary for the fore10 going purposes including rents and transportation of 

11 things, $2,224,142,000, to remain available for obligation 

12 until September 30, 2021. 

13 PROCUREMENT OF AMMUNITION, AIR FORCE

14 For construction, procurement, production, and 

15 modification of ammunition, and accessories therefor; spe16 cialized equipment and training devices; expansion of pub17 lic and private plants, including ammunition facilities, au18 thorized by section 2854 of title 10, United States Code, 

19 and the land necessary therefor, for the foregoing pur20 poses, and such lands and interests therein, may be ac21 quired, and construction prosecuted thereon prior to ap22 proval of title; and procurement and installation of equip23 ment, appliances, and machine tools in public and private 

24 plants; reserve plant and Government and contractor25 owned equipment layaway; and other expenses necessary 
30 

•S 3159 PCS

1 for the foregoing purposes, $1,564,880,000, to remain 

2 available for obligation until September 30, 2021. 

3 OTHER PROCUREMENT, AIR FORCE

4 For procurement and modification of equipment (in5 cluding ground guidance and electronic control equipment, 

6 and ground electronic and communication equipment), 

7 and supplies, materials, and spare parts therefor, not oth8 erwise provided for; the purchase of passenger motor vehi9 cles for replacement only; lease of passenger motor vehi10 cles; and expansion of public and private plants, Govern11 ment-owned equipment and installation thereof in such 

12 plants, erection of structures, and acquisition of land, for 

13 the foregoing purposes, and such lands and interests 

14 therein, may be acquired, and construction prosecuted 

15 thereon, prior to approval of title; reserve plant and Gov16 ernment and contractor-owned equipment layaway, 

17 $20,839,366,000, to remain available for obligation until 

18 September 30, 2021. 

19 PROCUREMENT, DEFENSE-WIDE

20 For expenses of activities and agencies of the Depart21 ment of Defense (other than the military departments) 

22 necessary for procurement, production, and modification 

23 of equipment, supplies, materials, and spare parts there24 for, not otherwise provided for; the purchase of passenger 

25 motor vehicles for replacement only; expansion of public 
31 

•S 3159 PCS

1 and private plants, equipment, and installation thereof in 

2 such plants, erection of structures, and acquisition of land 

3 for the foregoing purposes, and such lands and interests 

4 therein, may be acquired, and construction prosecuted 

5 thereon prior to approval of title; reserve plant and Gov6 ernment and contractor-owned equipment layaway, 

7 $6,663,821,000, to remain available for obligation until 

8 September 30, 2021. 

9 NATIONAL GUARD AND RESERVE EQUIPMENT ACCOUNT

10 For procurement of rotary-wing aircraft; combat, tac11 tical and support vehicles; other weapons; and other pro12 curement items for the reserve components of the Armed 

13 Forces, $900,000,000, to remain available for obligation 

14 until September 30, 2021: Provided, That the Chiefs of 

15 National Guard and Reserve components shall, not later 

16 than 30 days after enactment of this Act, individually sub17 mit to the congressional defense committees the mod18 ernization priority assessment for their respective Na19 tional Guard or Reserve component: Provided further, 

20 That none of the funds made available by this paragraph 

21 may be used to procure manned fixed wing aircraft, or 

22 procure or modify missiles, munitions, or ammunition. 

23 DEFENSE PRODUCTION ACT PURCHASES

24 For activities by the Department of Defense pursuant 

25 to sections 108, 301, 302, and 303 of the Defense Produc-
32 

•S 3159 PCS

1 tion Act of 1950 (50 U.S.C. 4518, 4531, 4532, and 4533), 

2 $38,578,000, to remain available until expended. 

3 TITLE IV 

4 RESEARCH, DEVELOPMENT, TEST AND 

5 EVALUATION 

6 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

7 ARMY

8 For expenses necessary for basic and applied sci9 entific research, development, test and evaluation, includ10 ing maintenance, rehabilitation, lease, and operation of fa11 cilities and equipment, $10,812,458,000, to remain avail12 able for obligation until September 30, 2020. 

13 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

14 NAVY

15 For expenses necessary for basic and applied sci16 entific research, development, test and evaluation, includ17 ing maintenance, rehabilitation, lease, and operation of fa18 cilities and equipment, $18,992,064,000, to remain avail19 able for obligation until September 30, 2020: Provided, 

20 That funds appropriated in this paragraph which are 

21 available for the V–22 may be used to meet unique oper22 ational requirements of the Special Operations Forces. 
33 

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1 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

2 AIR FORCE

3 For expenses necessary for basic and applied sci4 entific research, development, test and evaluation, includ5 ing maintenance, rehabilitation, lease, and operation of fa6 cilities and equipment, $40,896,667,000, to remain avail7 able for obligation until September 30, 2020. 

8 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

9 DEFENSE-WIDE

10 For expenses of activities and agencies of the Depart11 ment of Defense (other than the military departments), 

12 necessary for basic and applied scientific research, devel13 opment, test and evaluation; advanced research projects 

14 as may be designated and determined by the Secretary 

15 of Defense, pursuant to law; maintenance, rehabilitation, 

16 lease, and operation of facilities and equipment, 

17 $24,049,621,000, to remain available for obligation until 

18 September 30, 2020. 

19 OPERATIONAL TEST AND EVALUATION, DEFENSE

20 For expenses, not otherwise provided for, necessary 

21 for the independent activities of the Director, Operational 

22 Test and Evaluation, in the direction and supervision of 

23 operational test and evaluation, including initial oper24 ational test and evaluation which is conducted prior to, 

25 and in support of, production decisions; joint operational 
34 

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1 testing and evaluation; and administrative expenses in 

2 connection therewith, $381,009,000, to remain available 

3 for obligation until September 30, 2020. 

4 TITLE V 

5 REVOLVING AND MANAGEMENT FUNDS 

6 DEFENSE WORKING CAPITAL FUNDS

7 For the Defense Working Capital Funds, 

8 $1,641,115,000. 

9 TITLE VI 

10 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

11 DEFENSE HEALTH PROGRAM

12 For expenses, not otherwise provided for, for medical 

13 and health care programs of the Department of Defense 

14 as authorized by law, $34,135,992,000; of which 

15 $31,588,995,000 shall be for operation and maintenance, 

16 of which not to exceed one percent shall remain available 

17 for obligation until September 30, 2020, and of which up 

18 to $15,152,801,000 may be available for contracts entered 

19 into under the TRICARE program; of which 

20 $873,160,000, to remain available for obligation until Sep21 tember 30, 2021, shall be for procurement; and of which 

22 $1,673,837,000, to remain available for obligation until 

23 September 30, 2020, shall be for research, development, 

24 test and evaluation: Provided, That of the funds provided 

25 under this heading for research, development, test and 
35 

•S 3159 PCS

1 evaluation, not less than $761,500,000 shall be made 

2 available to the United States Army Medical Research and 

3 Materiel Command to carry out the congressionally di4 rected medical research programs. 

5 CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, 

6 DEFENSE

7 For expenses, not otherwise provided for, necessary 

8 for the destruction of the United States stockpile of lethal 

9 chemical agents and munitions in accordance with the pro10 visions of section 1412 of the Department of Defense Au11 thorization Act, 1986 (50 U.S.C. 1521), and for the de12 struction of other chemical warfare materials that are not 

13 in the chemical weapon stockpile, $993,816,000, of which 

14 $105,997,000 shall be for operation and maintenance, of 

15 which no less than $52,735,000 shall be for the Chemical 

16 Stockpile Emergency Preparedness Program, consisting of 

17 $21,600,000 for activities on military installations and 

18 $31,135,000, to remain available until September 30, 

19 2020, to assist State and local governments; $1,091,000 

20 shall be for procurement, to remain available until Sep21 tember 30, 2021, of which $1,091,000 shall be for the 

22 Chemical Stockpile Emergency Preparedness Program to 

23 assist State and local governments; and $886,728,000, to 

24 remain available until September 30, 2020, shall be for 

25 research, development, test and evaluation, of which 
36 

•S 3159 PCS

1 $880,283,000 shall only be for the Assembled Chemical 

2 Weapons Alternatives program. 

3 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

4 DEFENSE

5 (INCLUDING TRANSFER OF FUNDS)

6 For drug interdiction and counter-drug activities of 

7 the Department of Defense, for transfer to appropriations 

8 available to the Department of Defense for military per9 sonnel of the reserve components serving under the provi10 sions of title 10 and title 32, United States Code; for oper11 ation and maintenance; for procurement; and for research, 

12 development, test and evaluation, $872,525,000, of which 

13 $507,171,000 shall be for counter-narcotics support; 

14 $117,900,000 shall be for the drug demand reduction pro15 gram; $217,178,000 shall be for the National Guard 

16 counter-drug program; and $30,276,000 shall be for the 

17 National Guard counter-drug schools program: Provided, 

18 That the funds appropriated under this heading shall be 

19 available for obligation for the same time period and for 

20 the same purpose as the appropriation to which trans21 ferred: Provided further, That upon a determination that 

22 all or part of the funds transferred from this appropriation 

23 are not necessary for the purposes provided herein, such 

24 amounts may be transferred back to this appropriation: 

25 Provided further, That the transfer authority provided 
37 

•S 3159 PCS

1 under this heading is in addition to any other transfer au2 thority contained elsewhere in this Act. 

3 OFFICE OF THE INSPECTOR GENERAL

4 For expenses and activities of the Office of the In5 spector General in carrying out the provisions of the In6 spector General Act of 1978, as amended, $329,273,000, 

7 of which $325,236,000 shall be for operation and mainte8 nance, of which not to exceed $700,000 is available for 

9 emergencies and extraordinary expenses to be expended on 

10 the approval or authority of the Inspector General, and 

11 payments may be made on the Inspector General’s certifi12 cate of necessity for confidential military purposes; of 

13 which $60,000, to remain available for obligation until 

14 September 30, 2021, shall be for procurement; and of 

15 which $3,977,000, to remain available until September 30, 

16 2020, shall be for research, development, test and evalua17 tion. 

18 TITLE VII 

19 RELATED AGENCIES 

20 CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

21 DISABILITY SYSTEM FUND

22 For payment to the Central Intelligence Agency Re23 tirement and Disability System Fund, to maintain the 

24 proper funding level for continuing the operation of the 
38 

•S 3159 PCS

1 Central Intelligence Agency Retirement and Disability 

2 System, $514,000,000. 

3 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

4 For necessary expenses of the Intelligence Commu5 nity Management Account, $529,624,000. 

6 TITLE VIII 

7 GENERAL PROVISIONS 

8 SEC. 8001. No part of any appropriation contained 

9 in this Act shall be used for publicity or propaganda pur10 poses not authorized by the Congress. 

11 SEC. 8002. During the current fiscal year, provisions 

12 of law prohibiting the payment of compensation to, or em13 ployment of, any person not a citizen of the United States 

14 shall not apply to personnel of the Department of Defense: 

15 Provided, That salary increases granted to direct and indi16 rect hire foreign national employees of the Department of 

17 Defense funded by this Act shall not be at a rate in excess 

18 of the percentage increase authorized by law for civilian 

19 employees of the Department of Defense whose pay is 

20 computed under the provisions of section 5332 of title 5, 

21 United States Code, or at a rate in excess of the percent22 age increase provided by the appropriate host nation to 

23 its own employees, whichever is higher: Provided further, 

24 That this section shall not apply to Department of De25 fense foreign service national employees serving at United 
39 

•S 3159 PCS

1 States diplomatic missions whose pay is set by the Depart2 ment of State under the Foreign Service Act of 1980: Pro3 vided further, That the limitations of this provision shall 

4 not apply to foreign national employees of the Department 

5 of Defense in the Republic of Turkey. 

6 SEC. 8003. No part of any appropriation contained 

7 in this Act shall remain available for obligation beyond 

8 the current fiscal year, unless expressly so provided herein. 

9 SEC. 8004. No more than 20 percent of the appro10 priations in this Act which are limited for obligation dur11 ing the current fiscal year shall be obligated during the 

12 last 2 months of the fiscal year: Provided, That this sec13 tion shall not apply to obligations for support of active 

14 duty training of reserve components or summer camp 

15 training of the Reserve Officers’ Training Corps. 

16 (TRANSFER OF FUNDS)

17 SEC. 8005. Upon determination by the Secretary of 

18 Defense that such action is necessary in the national inter19 est, he may, with the approval of the Office of Manage20 ment and Budget, transfer not to exceed $4,000,000,000 

21 of working capital funds of the Department of Defense 

22 or funds made available in this Act to the Department 

23 of Defense for military functions (except military con24 struction) between such appropriations or funds or any 

25 subdivision thereof, to be merged with and to be available 
40 

•S 3159 PCS

1 for the same purposes, and for the same time period, as 

2 the appropriation or fund to which transferred: Provided, 

3 That such authority to transfer may not be used unless 

4 for higher priority items, based on unforeseen military re5 quirements, than those for which originally appropriated 

6 and in no case where the item for which funds are re7 quested has been denied by the Congress: Provided further, 

8 That the Secretary of Defense shall notify the Congress 

9 promptly of all transfers made pursuant to this authority 

10 or any other authority in this Act: Provided further, That 

11 no part of the funds in this Act shall be available to pre12 pare or present a request to the Committees on Appropria13 tions for reprogramming of funds, unless for higher pri14 ority items, based on unforeseen military requirements, 

15 than those for which originally appropriated and in no 

16 case where the item for which reprogramming is requested 

17 has been denied by the Congress: Provided further, That 

18 a request for multiple reprogrammings of funds using au19 thority provided in this section shall be made prior to June 

20 30, 2019: Provided further, That transfers among military 

21 personnel appropriations shall not be taken into account 

22 for purposes of the limitation on the amount of funds that 

23 may be transferred under this section. 

24 SEC. 8006. (a) With regard to the list of specific pro25 grams, projects, and activities (and the dollar amounts 
41 

•S 3159 PCS

1 and adjustments to budget activities corresponding to 

2 such programs, projects, and activities) contained in the 

3 tables titled ‘‘Committee Recommended Adjustments’’ in 

4 the explanatory statement regarding this Act, the obliga5 tion and expenditure of amounts appropriated or other6 wise made available in this Act for those programs, 

7 projects, and activities for which the amounts appro8 priated exceed the amounts requested are hereby required 

9 by law to be carried out in the manner provided by such 

10 tables to the same extent as if the tables were included 

11 in the text of this Act. 

12 (b) Amounts specified in the referenced tables de13 scribed in subsection (a) shall not be treated as subdivi14 sions of appropriations for purposes of section 8005 of this 

15 Act: Provided, That section 8005 shall apply when trans16 fers of the amounts described in subsection (a) occur be17 tween appropriation accounts. 

18 SEC. 8007. (a) Not later than 60 days after enact19 ment of this Act, the Department of Defense shall submit 

20 a report to the congressional defense committees to estab21 lish the baseline for application of reprogramming and 

22 transfer authorities for fiscal year 2019: Provided, That 

23 the report shall include— 

24 (1) a table for each appropriation with a sepa25 rate column to display the President’s budget re-
42 

•S 3159 PCS

1 quest, adjustments made by Congress, adjustments 

2 due to enacted rescissions, if appropriate, and the 

3 fiscal year enacted level; 

4 (2) a delineation in the table for each appro5 priation both by budget activity and program, 

6 project, and activity as detailed in the Budget Ap7 pendix; and 

8 (3) an identification of items of special congres9 sional interest. 

10 (b) Notwithstanding section 8005 of this Act, none 

11 of the funds provided in this Act shall be available for 

12 reprogramming or transfer until the report identified in 

13 subsection (a) is submitted to the congressional defense 

14 committees, unless the Secretary of Defense certifies in 

15 writing to the congressional defense committees that such 

16 reprogramming or transfer is necessary as an emergency 

17 requirement: Provided, That this subsection shall not 

18 apply to transfers from the following appropriations ac19 counts: 

20 (1) ‘‘Environmental Restoration, Army’’; 

21 (2) ‘‘Environmental Restoration, Navy’’; 

22 (3) ‘‘Environmental Restoration, Air Force’’; 

23 (4) ‘‘Environmental Restoration, Defense24 Wide’’; 
43 

•S 3159 PCS

1 (5) ‘‘Environmental Restoration, Formerly 

2 Used Defense Sites’’; and 

3 (6) ‘‘Drug Interdiction and Counter-drug Ac4 tivities, Defense’’. 

5 (TRANSFER OF FUNDS)

6 SEC. 8008. During the current fiscal year, cash bal7 ances in working capital funds of the Department of De8 fense established pursuant to section 2208 of title 10, 

9 United States Code, may be maintained in only such 

10 amounts as are necessary at any time for cash disburse11 ments to be made from such funds: Provided, That trans12 fers may be made between such funds: Provided further, 

13 That transfers may be made between working capital 

14 funds and the ‘‘Foreign Currency Fluctuations, Defense’’ 

15 appropriation and the ‘‘Operation and Maintenance’’ ap16 propriation accounts in such amounts as may be deter17 mined by the Secretary of Defense, with the approval of 

18 the Office of Management and Budget, except that such 

19 transfers may not be made unless the Secretary of Defense 

20 has notified the Congress of the proposed transfer: Pro21 vided further, That except in amounts equal to the 

22 amounts appropriated to working capital funds in this Act, 

23 no obligations may be made against a working capital fund 

24 to procure or increase the value of war reserve material 
44 

•S 3159 PCS

1 inventory, unless the Secretary of Defense has notified the 

2 Congress prior to any such obligation. 

3 SEC. 8009. Funds appropriated by this Act may not 

4 be used to initiate a special access program without prior 

5 notification 30 calendar days in advance to the congres6 sional defense committees. 

7 SEC. 8010. None of the funds provided in this Act 

8 shall be available to initiate: (1) a multiyear contract that 

9 employs economic order quantity procurement in excess of 

10 $20,000,000 in any one year of the contract or that in11 cludes an unfunded contingent liability in excess of 

12 $20,000,000; or (2) a contract for advance procurement 

13 leading to a multiyear contract that employs economic 

14 order quantity procurement in excess of $20,000,000 in 

15 any one year, unless the congressional defense committees 

16 have been notified at least 30 days in advance of the pro17 posed contract award: Provided, That no part of any ap18 propriation contained in this Act shall be available to ini19 tiate a multiyear contract for which the economic order 

20 quantity advance procurement is not funded at least to 

21 the limits of the Government’s liability: Provided further, 

22 That no part of any appropriation contained in this Act 

23 shall be available to initiate multiyear procurement con24 tracts for any systems or component thereof if the value 

25 of the multiyear contract would exceed $500,000,000 un-
45 

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1 less specifically provided in this Act: Provided further, 

2 That no multiyear procurement contract can be termi3 nated without 30-day prior notification to the congres4 sional defense committees: Provided further, That the exe5 cution of multiyear authority shall require the use of a 

6 present value analysis to determine lowest cost compared 

7 to an annual procurement: Provided further, That none of 

8 the funds provided in this Act may be used for a multiyear 

9 contract executed after the date of the enactment of this 

10 Act unless in the case of any such contract— 

11 (1) the Secretary of Defense has submitted to 

12 Congress a budget request for full funding of units 

13 to be procured through the contract and, in the case 

14 of a contract for procurement of aircraft, that in15 cludes, for any aircraft unit to be procured through 

16 the contract for which procurement funds are re17 quested in that budget request for production be18 yond advance procurement activities in the fiscal 

19 year covered by the budget, full funding of procure20 ment of such unit in that fiscal year; 

21 (2) cancellation provisions in the contract do 

22 not include consideration of recurring manufacturing 

23 costs of the contractor associated with the produc24 tion of unfunded units to be delivered under the con25 tract; 
46 

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1 (3) the contract provides that payments to the 

2 contractor under the contract shall not be made in 

3 advance of incurred costs on funded units; and 

4 (4) the contract does not provide for a price ad5 justment based on a failure to award a follow-on 

6 contract. 

7 Funds appropriated in title III of this Act may be 

8 used for multiyear procurement contracts for any or all 

9 of the following projects: 

10 (1) Standard Missile–3 IB; 

11 (2) Standard Missile–6; 

12 (3) F/A–18E/F Super Hornet and EA–18G 

13 Aircraft variants; 

14 (4) E–2D Advanced Hawkeye (AHE) Aircraft; 

15 and 

16 (5) C–130J, KC–130J, HC–130J; MC–130J, 

17 AC–130J Aircraft: 

18 Provided, That the multiyear procurement authority for 

19 the E–2D Advanced Hawkeye (AHE) and the F/A–18E/ 

20 F Super Hornet programs provided for by this section 

21 shall be subject to the certification requirement in section 

22 2306b(i) of title 10, United States Code, with the cost 

23 analysis in connection with such certification to be current 

24 as of the date of such certification and to be submitted 

25 to Congress prior to the Secretary exercising the authority 
47 

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1 in accordance with section 2306b(i)(3) of title 10, United 

2 States Code: Provided further, That the multiyear procure3 ment authority for the Standard Missile—6 program pro4 vided for by this section shall be subject to the certification 

5 requirement in section 2306b(i) of title 10, United States 

6 Code, with the cost analysis in connection with such cer7 tification to be current as of the date of such certification 

8 and to be submitted to Congress prior to the Secretary 

9 exercising the authority in accordance with section 

10 2306b(i)(3) of title 10, United States Code. 

11 SEC. 8011. Within the funds appropriated for the op12 eration and maintenance of the Armed Forces, funds are 

13 hereby appropriated pursuant to section 401 of title 10, 

14 United States Code, for humanitarian and civic assistance 

15 costs under chapter 20 of title 10, United States Code. 

16 Such funds may also be obligated for humanitarian and 

17 civic assistance costs incidental to authorized operations 

18 and pursuant to authority granted in section 401 of chap19 ter 20 of title 10, United States Code, and these obliga20 tions shall be reported as required by section 401(d) of 

21 title 10, United States Code: Provided, That funds avail22 able for operation and maintenance shall be available for 

23 providing humanitarian and similar assistance by using 

24 Civic Action Teams in the Trust Territories of the Pacific 

25 Islands and freely associated states of Micronesia, pursu-
48 

•S 3159 PCS

1 ant to the Compact of Free Association as authorized by 

2 Public Law 99–239: Provided further, That upon a deter3 mination by the Secretary of the Army that such action 

4 is beneficial for graduate medical education programs con5 ducted at Army medical facilities located in Hawaii, the 

6 Secretary of the Army may authorize the provision of med7 ical services at such facilities and transportation to such 

8 facilities, on a nonreimbursable basis, for civilian patients 

9 from American Samoa, the Commonwealth of the North10 ern Mariana Islands, the Marshall Islands, the Federated 

11 States of Micronesia, Palau, and Guam. 

12 SEC. 8012. (a) During the current fiscal year, the 

13 civilian personnel of the Department of Defense may not 

14 be managed on the basis of any end-strength, and the 

15 management of such personnel during that fiscal year 

16 shall not be subject to any constraint or limitation (known 

17 as an end-strength) on the number of such personnel who 

18 may be employed on the last day of such fiscal year. 

19 (b) The fiscal year 2020 budget request for the De20 partment of Defense as well as all justification material 

21 and other documentation supporting the fiscal year 2020 

22 Department of Defense budget request shall be prepared 

23 and submitted to the Congress as if subsections (a) and 

24 (b) of this provision were effective with regard to fiscal 

25 year 2020. 
49 

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1 (c) Nothing in this section shall be construed to apply 

2 to military (civilian) technicians. 

3 SEC. 8013. None of the funds made available by this 

4 Act shall be used in any way, directly or indirectly, to in5 fluence congressional action on any legislation or appro6 priation matters pending before the Congress. 

7 SEC. 8014. None of the funds appropriated by this 

8 Act shall be available for the basic pay and allowances of 

9 any member of the Army participating as a full-time stu10 dent and receiving benefits paid by the Secretary of Vet11 erans Affairs from the Department of Defense Education 

12 Benefits Fund when time spent as a full-time student is 

13 credited toward completion of a service commitment: Pro14 vided, That this section shall not apply to those members 

15 who have reenlisted with this option prior to October 1, 

16 1987: Provided further, That this section applies only to 

17 active components of the Army. 

18 (TRANSFER OF FUNDS)

19 SEC. 8015. Funds appropriated in title III of this Act 

20 for the Department of Defense Pilot Mentor-Prote ́ge ́ Pro21 gram may be transferred to any other appropriation con22 tained in this Act solely for the purpose of implementing 

23 a Mentor-Prote ́ge ́ Program developmental assistance 

24 agreement pursuant to section 831 of the National De25 fense Authorization Act for Fiscal Year 1991 (Public Law 
50 

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1 101–510; 10 U.S.C. 2302 note), as amended, under the 

2 authority of this provision or any other transfer authority 

3 contained in this Act. 

4 SEC. 8016. None of the funds appropriated by this 

5 Act shall be used for the support of any nonappropriated 

6 funds activity of the Department of Defense that procures 

7 malt beverages and wine with nonappropriated funds for 

8 resale (including such alcoholic beverages sold by the 

9 drink) on a military installation located in the United 

10 States unless such malt beverages and wine are procured 

11 within that State, or in the case of the District of Colum12 bia, within the District of Columbia, in which the military 

13 installation is located: Provided, That, in a case in which 

14 the military installation is located in more than one State, 

15 purchases may be made in any State in which the installa16 tion is located: Provided further, That such local procure17 ment requirements for malt beverages and wine shall 

18 apply to all alcoholic beverages only for military installa19 tions in States which are not contiguous with another 

20 State: Provided further, That alcoholic beverages other 

21 than wine and malt beverages, in contiguous States and 

22 the District of Columbia shall be procured from the most 

23 competitive source, price and other factors considered. 

24 SEC. 8017. None of the funds available to the De25 partment of Defense may be used to demilitarize or dis-
51 

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1 pose of M–1 Carbines, M–1 Garand rifles, M–14 rifles, 

2 .22 caliber rifles, .30 caliber rifles, or M–1911 pistols, or 

3 to demilitarize or destroy small arms ammunition or am4 munition components that are not otherwise prohibited 

5 from commercial sale under Federal law, unless the small 

6 arms ammunition or ammunition components are certified 

7 by the Secretary of the Army or designee as unserviceable 

8 or unsafe for further use. 

9 SEC. 8018. No more than $500,000 of the funds ap10 propriated or made available in this Act shall be used dur11 ing a single fiscal year for any single relocation of an orga12 nization, unit, activity or function of the Department of 

13 Defense into or within the National Capital Region: Pro14 vided, That the Secretary of Defense may waive this re15 striction on a case-by-case basis by certifying in writing 

16 to the congressional defense committees that such a relo17 cation is required in the best interest of the Government. 

18 SEC. 8019. Of the funds made available in this Act, 

19 up to $15,000,000 may be available for incentive pay20 ments authorized by section 504 of the Indian Financing 

21 Act of 1974 (25 U.S.C. 1544): Provided, That a prime 

22 contractor or a subcontractor at any tier that makes a 

23 subcontract award to any subcontractor or supplier as de24 fined in section 1544 of title 25, United States Code, or 

25 a small business owned and controlled by an individual 
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1 or individuals defined under section 4221(9) of title 25, 

2 United States Code, shall be considered a contractor for 

3 the purposes of being allowed additional compensation 

4 under section 504 of the Indian Financing Act of 1974 

5 (25 U.S.C. 1544) whenever the prime contract or sub6 contract amount is over $500,000 and involves the ex7 penditure of funds appropriated by an Act making appro8 priations for the Department of Defense with respect to 

9 any fiscal year: Provided further, That notwithstanding 

10 section 1906 of title 41, United States Code, this section 

11 shall be applicable to any Department of Defense acquisi12 tion of supplies or services, including any contract and any 

13 subcontract at any tier for acquisition of commercial items 

14 produced or manufactured, in whole or in part, by any 

15 subcontractor or supplier defined in section 1544 of title 

16 25, United States Code, or a small business owned and 

17 controlled by an individual or individuals defined under 

18 section 4221(9) of title 25, United States Code. 

19 SEC. 8020. Funds appropriated by this Act for the 

20 Defense Media Activity shall not be used for any national 

21 or international political or psychological activities. 

22 SEC. 8021. During the current fiscal year, the De23 partment of Defense is authorized to incur obligations of 

24 not to exceed $350,000,000 for purposes specified in sec25 tion 2350j(c) of title 10, United States Code, in anticipa-
53 

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1 tion of receipt of contributions, only from the Government 

2 of Kuwait, under that section: Provided, That, upon re3 ceipt, such contributions from the Government of Kuwait 

4 shall be credited to the appropriations or fund which in5 curred such obligations. 

6 SEC. 8022. (a) Of the funds made available in this 

7 Act, not less than $46,100,000 shall be available for the 

8 Civil Air Patrol Corporation, of which— 

9 (1) $33,600,000 shall be available from ‘‘Oper10 ation and Maintenance, Air Force’’ to support Civil 

11 Air Patrol Corporation operation and maintenance, 

12 readiness, counter-drug activities, and drug demand 

13 reduction activities involving youth programs; 

14 (2) $10,800,000 shall be available from ‘‘Air15 craft Procurement, Air Force’’; and 

16 (3) $1,700,000 shall be available from ‘‘Other 

17 Procurement, Air Force’’ for vehicle procurement. 

18 (b) The Secretary of the Air Force should waive reim19 bursement for any funds used by the Civil Air Patrol for 

20 counter-drug activities in support of Federal, State, and 

21 local government agencies. 

22 SEC. 8023. (a) None of the funds appropriated in this 

23 Act are available to establish a new Department of De24 fense (department) federally funded research and develop25 ment center (FFRDC), either as a new entity, or as a 
54 

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1 separate entity administrated by an organization man2 aging another FFRDC, or as a nonprofit membership cor3 poration consisting of a consortium of other FFRDCs and 

4 other nonprofit entities. 

5 (b) No member of a Board of Directors, Trustees, 

6 Overseers, Advisory Group, Special Issues Panel, Visiting 

7 Committee, or any similar entity of a defense FFRDC, 

8 and no paid consultant to any defense FFRDC, except 

9 when acting in a technical advisory capacity, may be com10 pensated for his or her services as a member of such enti11 ty, or as a paid consultant by more than one FFRDC in 

12 a fiscal year: Provided, That a member of any such entity 

13 referred to previously in this subsection shall be allowed 

14 travel expenses and per diem as authorized under the Fed15 eral Joint Travel Regulations, when engaged in the per16 formance of membership duties. 

17 (c) Notwithstanding any other provision of law, none 

18 of the funds available to the department from any source 

19 during the current fiscal year may be used by a defense 

20 FFRDC, through a fee or other payment mechanism, for 

21 construction of new buildings not located on a military in22 stallation, for payment of cost sharing for projects funded 

23 by Government grants, for absorption of contract over24 runs, or for certain charitable contributions, not to include 
55 

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1 employee participation in community service and/or devel2 opment. 

3 (d) Notwithstanding any other provision of law, of 

4 the funds available to the department during fiscal year 

5 2019, not more than 6,030 staff years of technical effort 

6 (staff years) may be funded for defense FFRDCs: Pro7 vided, That, of the specific amount referred to previously 

8 in this subsection, not more than 1,125 staff years may 

9 be funded for the defense studies and analysis FFRDCs: 

10 Provided further, That this subsection shall not apply to 

11 staff years funded in the National Intelligence Program 

12 (NIP) and the Military Intelligence Program (MIP). 

13 (e) The Secretary of Defense shall, with the submis14 sion of the department’s fiscal year 2020 budget request, 

15 submit a report presenting the specific amounts of staff 

16 years of technical effort to be allocated for each defense 

17 FFRDC during that fiscal year and the associated budget 

18 estimates. 

19 (f) Notwithstanding any other provision of this Act, 

20 the total amount appropriated in this Act for FFRDCs 

21 is hereby reduced by $179,000,000: Provided, That this 

22 subsection shall not apply to appropriations for the Na23 tional Intelligence Program (NIP) and the Military Intel24 ligence Program (MIP). 
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1 SEC. 8024. None of the funds appropriated or made 

2 available in this Act shall be used to procure carbon, alloy, 

3 or armor steel plate for use in any Government-owned fa4 cility or property under the control of the Department of 

5 Defense which were not melted and rolled in the United 

6 States or Canada: Provided, That these procurement re7 strictions shall apply to any and all Federal Supply Class 

8 9515, American Society of Testing and Materials (ASTM) 

9 or American Iron and Steel Institute (AISI) specifications 

10 of carbon, alloy or armor steel plate: Provided further, 

11 That the Secretary of the military department responsible 

12 for the procurement may waive this restriction on a case13 by-case basis by certifying in writing to the Committees 

14 on Appropriations of the House of Representatives and the 

15 Senate that adequate domestic supplies are not available 

16 to meet Department of Defense requirements on a timely 

17 basis and that such an acquisition must be made in order 

18 to acquire capability for national security purposes: Pro19 vided further, That these restrictions shall not apply to 

20 contracts which are in being as of the date of the enact21 ment of this Act. 

22 SEC. 8025. For the purposes of this Act, the term 

23 ‘‘congressional defense committees’’ means the Armed 

24 Services Committee of the House of Representatives, the 

25 Armed Services Committee of the Senate, the Sub-
57 

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1 committee on Defense of the Committee on Appropriations 

2 of the Senate, and the Subcommittee on Defense of the 

3 Committee on Appropriations of the House of Representa4 tives. 

5 SEC. 8026. During the current fiscal year, the De6 partment of Defense may acquire the modification, depot 

7 maintenance and repair of aircraft, vehicles and vessels 

8 as well as the production of components and other De9 fense-related articles, through competition between De10 partment of Defense depot maintenance activities and pri11 vate firms: Provided, That the Senior Acquisition Execu12 tive of the military department or Defense Agency con13 cerned, with power of delegation, shall certify that success14 ful bids include comparable estimates of all direct and in15 direct costs for both public and private bids: Provided fur16 ther, That Office of Management and Budget Circular A– 

17 76 shall not apply to competitions conducted under this 

18 section. 

19 SEC. 8027. (a)(1) If the Secretary of Defense, after 

20 consultation with the United States Trade Representative, 

21 determines that a foreign country which is party to an 

22 agreement described in paragraph (2) has violated the 

23 terms of the agreement by discriminating against certain 

24 types of products produced in the United States that are 

25 covered by the agreement, the Secretary of Defense shall 
58 

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1 rescind the Secretary’s blanket waiver of the Buy Amer2 ican Act with respect to such types of products produced 

3 in that foreign country. 

4 (2) An agreement referred to in paragraph (1) is any 

5 reciprocal defense procurement memorandum of under6 standing, between the United States and a foreign country 

7 pursuant to which the Secretary of Defense has prospec8 tively waived the Buy American Act for certain products 

9 in that country. 

10 (b) The Secretary of Defense shall submit to the Con11 gress a report on the amount of Department of Defense 

12 purchases from foreign entities in fiscal year 2019. Such 

13 report shall separately indicate the dollar value of items 

14 for which the Buy American Act was waived pursuant to 

15 any agreement described in subsection (a)(2), the Trade 

16 Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or any 

17 international agreement to which the United States is a 

18 party. 

19 (c) For purposes of this section, the term ‘‘Buy 

20 American Act’’ means chapter 83 of title 41, United 

21 States Code. 

22 SEC. 8028. During the current fiscal year, amounts 

23 contained in the Department of Defense Overseas Military 

24 Facility Investment Recovery Account established by sec25 tion 2921(c)(1) of the National Defense Authorization Act 
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1 of 1991 (Public Law 101–510; 10 U.S.C. 2687 note) shall 

2 be available until expended for the payments specified by 

3 section 2921(c)(2) of that Act. 

4 SEC. 8029. (a) Notwithstanding any other provision 

5 of law, the Secretary of the Air Force may convey at no 

6 cost to the Air Force, without consideration, to Indian 

7 tribes located in the States of Nevada, Idaho, North Da8 kota, South Dakota, Montana, Oregon, Minnesota, and 

9 Washington relocatable military housing units located at 

10 Grand Forks Air Force Base, Malmstrom Air Force Base, 

11 Mountain Home Air Force Base, Ellsworth Air Force 

12 Base, and Minot Air Force Base that are excess to the 

13 needs of the Air Force. 

14 (b) The Secretary of the Air Force shall convey, at 

15 no cost to the Air Force, military housing units under sub16 section (a) in accordance with the request for such units 

17 that are submitted to the Secretary by the Operation 

18 Walking Shield Program on behalf of Indian tribes located 

19 in the States of Nevada, Idaho, North Dakota, South Da20 kota, Montana, Oregon, Minnesota, and Washington. Any 

21 such conveyance shall be subject to the condition that the 

22 housing units shall be removed within a reasonable period 

23 of time, as determined by the Secretary. 

24 (c) The Operation Walking Shield Program shall re25 solve any conflicts among requests of Indian tribes for 
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1 housing units under subsection (a) before submitting re2 quests to the Secretary of the Air Force under subsection 

3 (b). 

4 (d) In this section, the term ‘‘Indian tribe’’ means 

5 any recognized Indian tribe included on the current list 

6 published by the Secretary of the Interior under section 

7 104 of the Federally Recognized Indian Tribe Act of 1994 

8 (Public Law 103–454; 108 Stat. 4792; 25 U.S.C. 5131). 

9 SEC. 8030. During the current fiscal year, appropria10 tions which are available to the Department of Defense 

11 for operation and maintenance may be used to purchase 

12 items having an investment item unit cost of not more 

13 than $250,000. 

14 SEC. 8031. Up to $10,518,000 of the funds appro15 priated under the heading ‘‘Operation and Maintenance, 

16 Navy’’ may be made available for the Asia Pacific Re17 gional Initiative Program for the purpose of enabling the 

18 Pacific Command to execute Theater Security Cooperation 

19 activities such as humanitarian assistance, and payment 

20 of incremental and personnel costs of training and exer21 cising with foreign security forces: Provided, That funds 

22 made available for this purpose may be used, notwith23 standing any other funding authorities for humanitarian 

24 assistance, security assistance or combined exercise ex25 penses: Provided further, That funds may not be obligated 
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1 to provide assistance to any foreign country that is other2 wise prohibited from receiving such type of assistance 

3 under any other provision of law. 

4 SEC. 8032. The Secretary of Defense shall issue reg5 ulations to prohibit the sale of any tobacco or tobacco6 related products in military resale outlets in the United 

7 States, its territories and possessions at a price below the 

8 most competitive price in the local community: Provided, 

9 That such regulations shall direct that the prices of to10 bacco or tobacco-related products in overseas military re11 tail outlets shall be within the range of prices established 

12 for military retail system stores located in the United 

13 States. 

14 SEC. 8033. (a) During the current fiscal year, none 

15 of the appropriations or funds available to the Department 

16 of Defense Working Capital Funds shall be used for the 

17 purchase of an investment item for the purpose of acquir18 ing a new inventory item for sale or anticipated sale dur19 ing the current fiscal year or a subsequent fiscal year to 

20 customers of the Department of Defense Working Capital 

21 Funds if such an item would not have been chargeable 

22 to the Department of Defense Business Operations Fund 

23 during fiscal year 1994 and if the purchase of such an 

24 investment item would be chargeable during the current 
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1 fiscal year to appropriations made to the Department of 

2 Defense for procurement. 

3 (b) The fiscal year 2020 budget request for the De4 partment of Defense as well as all justification material 

5 and other documentation supporting the fiscal year 2020 

6 Department of Defense budget shall be prepared and sub7 mitted to the Congress on the basis that any equipment 

8 which was classified as an end item and funded in a pro9 curement appropriation contained in this Act shall be 

10 budgeted for in a proposed fiscal year 2020 procurement 

11 appropriation and not in the supply management business 

12 area or any other area or category of the Department of 

13 Defense Working Capital Funds. 

14 SEC. 8034. None of the funds appropriated by this 

15 Act for programs of the Central Intelligence Agency shall 

16 remain available for obligation beyond the current fiscal 

17 year, except for funds appropriated for the Reserve for 

18 Contingencies, which shall remain available until Sep19 tember 30, 2020: Provided, That funds appropriated, 

20 transferred, or otherwise credited to the Central Intel21 ligence Agency Central Services Working Capital Fund 

22 during this or any prior or subsequent fiscal year shall 

23 remain available until expended: Provided further, That 

24 any funds appropriated or transferred to the Central Intel25 ligence Agency for advanced research and development ac-
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1 quisition, for agent operations, and for covert action pro2 grams authorized by the President under section 503 of 

3 the National Security Act of 1947 (50 U.S.C. 3093) shall 

4 remain available until September 30, 2020. 

5 SEC. 8035. Of the funds appropriated to the Depart6 ment of Defense under the heading ‘‘Operation and Main7 tenance, Defense-Wide’’, not less than $12,000,000 may 

8 be made available only for the mitigation of environmental 

9 impacts, including training and technical assistance to 

10 tribes, related administrative support, the gathering of in11 formation, documenting of environmental damage, and de12 veloping a system for prioritization of mitigation and cost 

13 to complete estimates for mitigation, on Indian lands re14 sulting from Department of Defense activities. 

15 SEC. 8036. (a) None of the funds appropriated in this 

16 Act may be expended by an entity of the Department of 

17 Defense unless the entity, in expending the funds, com18 plies with the Buy American Act. For purposes of this 

19 subsection, the term ‘‘Buy American Act’’ means chapter 

20 83 of title 41, United States Code. 

21 (b) If the Secretary of Defense determines that a per22 son has been convicted of intentionally affixing a label 

23 bearing a ‘‘Made in America’’ inscription to any product 

24 sold in or shipped to the United States that is not made 

25 in America, the Secretary shall determine, in accordance 
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1 with section 2410f of title 10, United States Code, wheth2 er the person should be debarred from contracting with 

3 the Department of Defense. 

4 (c) In the case of any equipment or products pur5 chased with appropriations provided under this Act, it is 

6 the sense of the Congress that any entity of the Depart7 ment of Defense, in expending the appropriation, purchase 

8 only American-made equipment and products, provided 

9 that American-made equipment and products are cost10 competitive, quality competitive, and available in a timely 

11 fashion. 

12 SEC. 8037. (a) Except as provided in subsections (b) 

13 and (c), none of the funds made available by this Act may 

14 be used— 

15 (1) to establish a field operating agency; or 

16 (2) to pay the basic pay of a member of the 

17 Armed Forces or civilian employee of the depart18 ment who is transferred or reassigned from a head19 quarters activity if the member or employee’s place 

20 of duty remains at the location of that headquarters. 

21 (b) The Secretary of Defense or Secretary of a mili22 tary department may waive the limitations in subsection 

23 (a), on a case-by-case basis, if the Secretary determines, 

24 and certifies to the Committees on Appropriations of the 

25 House of Representatives and the Senate that the grant-
65 

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1 ing of the waiver will reduce the personnel requirements 

2 or the financial requirements of the department. 

3 (c) This section does not apply to— 

4 (1) field operating agencies funded within the 

5 National Intelligence Program; 

6 (2) an Army field operating agency established 

7 to eliminate, mitigate, or counter the effects of im8 provised explosive devices, and, as determined by the 

9 Secretary of the Army, other similar threats; 

10 (3) an Army field operating agency established 

11 to improve the effectiveness and efficiencies of bio12 metric activities and to integrate common biometric 

13 technologies throughout the Department of Defense; 

14 or 

15 (4) an Air Force field operating agency estab16 lished to administer the Air Force Mortuary Affairs 

17 Program and Mortuary Operations for the Depart18 ment of Defense and authorized Federal entities. 

19 SEC. 8038. (a) None of the funds appropriated by 

20 this Act shall be available to convert to contractor per21 formance an activity or function of the Department of De22 fense that, on or after the date of the enactment of this 

23 Act, is performed by Department of Defense civilian em24 ployees unless— 
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1 (1) the conversion is based on the result of a 

2 public-private competition that includes a most effi3 cient and cost effective organization plan developed 

4 by such activity or function; 

5 (2) the Competitive Sourcing Official deter6 mines that, over all performance periods stated in 

7 the solicitation of offers for performance of the ac8 tivity or function, the cost of performance of the ac9 tivity or function by a contractor would be less costly 

10 to the Department of Defense by an amount that 

11 equals or exceeds the lesser of— 

12 (A) 10 percent of the most efficient organi13 zation’s personnel-related costs for performance 

14 of that activity or function by Federal employ15 ees; or 

16 (B) $10,000,000; and 

17 (3) the contractor does not receive an advan18 tage for a proposal that would reduce costs for the 

19 Department of Defense by— 

20 (A) not making an employer-sponsored 

21 health insurance plan available to the workers 

22 who are to be employed in the performance of 

23 that activity or function under the contract; or 

24 (B) offering to such workers an employer25 sponsored health benefits plan that requires the 
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1 employer to contribute less towards the pre2 mium or subscription share than the amount 

3 that is paid by the Department of Defense for 

4 health benefits for civilian employees under 

5 chapter 89 of title 5, United States Code. 

6 (b)(1) The Department of Defense, without regard 

7 to subsection (a) of this section or subsection (a), (b), or 

8 (c) of section 2461 of title 10, United States Code, and 

9 notwithstanding any administrative regulation, require10 ment, or policy to the contrary shall have full authority 

11 to enter into a contract for the performance of any com12 mercial or industrial type function of the Department of 

13 Defense that— 

14 (A) is included on the procurement list estab15 lished pursuant to section 2 of the Javits-Wagner16 O’Day Act (section 8503 of title 41, United States 

17 Code); 

18 (B) is planned to be converted to performance 

19 by a qualified nonprofit agency for the blind or by 

20 a qualified nonprofit agency for other severely handi21 capped individuals in accordance with that Act; or 

22 (C) is planned to be converted to performance 

23 by a qualified firm under at least 51 percent owner24 ship by an Indian tribe, as defined in section 4(e) 

25 of the Indian Self-Determination and Education As-
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1 sistance Act (25 U.S.C. 450b(e)), or a Native Ha2 waiian Organization, as defined in section 8(a)(15) 

3 of the Small Business Act (15 U.S.C. 637(a)(15)). 

4 (2) This section shall not apply to depot contracts 

5 or contracts for depot maintenance as provided in sections 

6 2469 and 2474 of title 10, United States Code. 

7 (c) The conversion of any activity or function of the 

8 Department of Defense under the authority provided by 

9 this section shall be credited toward any competitive or 

10 outsourcing goal, target, or measurement that may be es11 tablished by statute, regulation, or policy and is deemed 

12 to be awarded under the authority of, and in compliance 

13 with, subsection (h) of section 2304 of title 10, United 

14 States Code, for the competition or outsourcing of com15 mercial activities. 

16 (RESCISSIONS)

17 SEC. 8039. Of the funds appropriated in Department 

18 of Defense Appropriations Acts, the following funds are 

19 hereby rescinded from the following accounts and pro20 grams in the specified amounts: Provided, That no 

21 amounts may be rescinded from amounts that were des22 ignated by the Congress for Overseas Contingency Oper23 ations/Global War on Terrorism or as an emergency re24 quirement pursuant to the Concurrent Resolution on the 
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1 Budget or the Balanced Budget and Emergency Deficit 

2 Control Act of 1985, as amended: 

3 ‘‘Aircraft Procurement, Army’’, 2017/2019, 

4 $16,000,000; 

5 ‘‘Missile Procurement, Army’’, 2017/2019, 

6 $12,900,000; 

7 ‘‘Other Procurement, Army’’, 2017/2019, 

8 $7,465,000; 

9 ‘‘Other Procurement, Navy’’, 2017/2019, 

10 $32,344,000; 

11 ‘‘Aircraft Procurement, Air Force’’, 2017/2019, 

12 $179,029,000; 

13 ‘‘Space Procurement, Air Force’’, 2017/2019, 

14 $15,000,000; 

15 ‘‘Other Procurement, Air Force’’, 2017/2019, 

16 $29,600,000; 

17 ‘‘Defense Health Program: Procurement’’, 

18 2017/2019, $2,413,000; 

19 ‘‘Aircraft Procurement, Army’’, 2018/2020, 

20 $4,939,000; 

21 ‘‘Missile Procurement, Army’’, 2018/2020, 

22 $149,400,000; 

23 ‘‘Procurement of Weapons and Tracked Combat 

24 Vehicles, Army’’, 2018/2020, $210,506,000; 
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1 ‘‘Other Procurement, Army’’, 2018/2020, 

2 $115,389,000; 

3 ‘‘Aircraft Procurement, Navy’’, 2018/2020, 

4 $14,600,000; 

5 ‘‘Other Procurement, Navy’’, 2018/2020, 

6 $36,600,000; 

7 ‘‘Aircraft Procurement, Air Force’’, 2018/2020, 

8 $254,166,000; 

9 ‘‘Space Procurement, Air Force’’, 2018/2020, 

10 $192,300,000; 

11 ‘‘Procurement of Ammunition, Air Force’’, 

12 2018/2020, $17,100,000; 

13 ‘‘Other Procurement, Air Force’’, 2018/2020, 

14 $128,500,000; 

15 ‘‘Research, Development, Test and Evaluation, 

16 Army’’, 2018/2019, $237,384,000; 

17 ‘‘Research, Development, Test and Evaluation, 

18 Air Force’’, 2018/2019, $505,300,000; 

19 ‘‘Research, Development, Test and Evaluation, 

20 Defense-Wide’’, 2018/2019, $25,000,000; and 

21 ‘‘Defense Health Program: Procurement’’, 

22 2018/2020, $215,000,000. 

23 SEC. 8040. None of the funds available in this Act 

24 may be used to reduce the authorized positions for mili25 tary technicians (dual status) of the Army National 
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1 Guard, Air National Guard, Army Reserve and Air Force 

2 Reserve for the purpose of applying any administratively 

3 imposed civilian personnel ceiling, freeze, or reduction on 

4 military technicians (dual status), unless such reductions 

5 are a direct result of a reduction in military force struc6 ture. 

7 SEC. 8041. None of the funds appropriated or other8 wise made available in this Act may be obligated or ex9 pended for assistance to the Democratic People’s Republic 

10 of Korea unless specifically appropriated for that purpose. 

11 SEC. 8042. Funds appropriated in this Act for oper12 ation and maintenance of the Military Departments, Com13 batant Commands and Defense Agencies shall be available 

14 for reimbursement of pay, allowances and other expenses 

15 which would otherwise be incurred against appropriations 

16 for the National Guard and Reserve when members of the 

17 National Guard and Reserve provide intelligence or coun18 terintelligence support to Combatant Commands, Defense 

19 Agencies and Joint Intelligence Activities, including the 

20 activities and programs included within the National Intel21 ligence Program and the Military Intelligence Program: 

22 Provided, That nothing in this section authorizes deviation 

23 from established Reserve and National Guard personnel 

24 and training procedures. 
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1 SEC. 8043. (a) None of the funds available to the 

2 Department of Defense for any fiscal year for drug inter3 diction or counter-drug activities may be transferred to 

4 any other department or agency of the United States ex5 cept as specifically provided in an appropriations law. 

6 (b) None of the funds available to the Central Intel7 ligence Agency for any fiscal year for drug interdiction or 

8 counter-drug activities may be transferred to any other de9 partment or agency of the United States except as specifi10 cally provided in an appropriations law. 

11 SEC. 8044. Of the amounts appropriated for ‘‘Work12 ing Capital Fund, Army’’, $99,000,000 shall be available 

13 to maintain competitive rates at the arsenals. 

14 SEC. 8045. In addition to the amounts appropriated 

15 or otherwise made available elsewhere in this Act, 

16 $20,000,000 is hereby appropriated to the Department of 

17 Defense: Provided, That upon the determination of the 

18 Secretary of Defense that it shall serve the national inter19 est, the Secretary shall make grants in the amounts speci20 fied as follows: $20,000,000 to the United Service Organi21 zations. 

22 SEC. 8046. None of the funds in this Act may be 

23 used to purchase any supercomputer which is not manu24 factured in the United States, unless the Secretary of De25 fense certifies to the congressional defense committees 
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1 that such an acquisition must be made in order to acquire 

2 capability for national security purposes that is not avail3 able from United States manufacturers. 

4 SEC. 8047. Notwithstanding any other provision in 

5 this Act, the Small Business Innovation Research program 

6 and the Small Business Technology Transfer program set7 asides shall be taken proportionally from all programs, 

8 projects, or activities to the extent they contribute to the 

9 extramural budget. 

10 SEC. 8048. None of the funds available to the De11 partment of Defense under this Act shall be obligated or 

12 expended to pay a contractor under a contract with the 

13 Department of Defense for costs of any amount paid by 

14 the contractor to an employee when— 

15 (1) such costs are for a bonus or otherwise in 

16 excess of the normal salary paid by the contractor 

17 to the employee; and 

18 (2) such bonus is part of restructuring costs as19 sociated with a business combination. 

20 (INCLUDING TRANSFER OF FUNDS)

21 SEC. 8049. During the current fiscal year, no more 

22 than $30,000,000 of appropriations made in this Act 

23 under the heading ‘‘Operation and Maintenance, Defense24 Wide’’ may be transferred to appropriations available for 

25 the pay of military personnel, to be merged with, and to 
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1 be available for the same time period as the appropriations 

2 to which transferred, to be used in support of such per3 sonnel in connection with support and services for eligible 

4 organizations and activities outside the Department of De5 fense pursuant to section 2012 of title 10, United States 

6 Code. 

7 SEC. 8050. During the current fiscal year, in the case 

8 of an appropriation account of the Department of Defense 

9 for which the period of availability for obligation has ex10 pired or which has closed under the provisions of section 

11 1552 of title 31, United States Code, and which has a 

12 negative unliquidated or unexpended balance, an obliga13 tion or an adjustment of an obligation may be charged 

14 to any current appropriation account for the same purpose 

15 as the expired or closed account if— 

16 (1) the obligation would have been properly 

17 chargeable (except as to amount) to the expired or 

18 closed account before the end of the period of avail19 ability or closing of that account; 

20 (2) the obligation is not otherwise properly 

21 chargeable to any current appropriation account of 

22 the Department of Defense; and 

23 (3) in the case of an expired account, the obli24 gation is not chargeable to a current appropriation 

25 of the Department of Defense under the provisions 
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1 of section 1405(b)(8) of the National Defense Au2 thorization Act for Fiscal Year 1991, Public Law 

3 101–510, as amended (31 U.S.C. 1551 note): Pro4 vided, That in the case of an expired account, if sub5 sequent review or investigation discloses that there 

6 was not in fact a negative unliquidated or unex7 pended balance in the account, any charge to a cur8 rent account under the authority of this section shall 

9 be reversed and recorded against the expired ac10 count: Provided further, That the total amount 

11 charged to a current appropriation under this sec12 tion may not exceed an amount equal to 1 percent 

13 of the total appropriation for that account. 

14 SEC. 8051. (a) Notwithstanding any other provision 

15 of law, the Chief of the National Guard Bureau may per16 mit the use of equipment of the National Guard Distance 

17 Learning Project by any person or entity on a space-avail18 able, reimbursable basis. The Chief of the National Guard 

19 Bureau shall establish the amount of reimbursement for 

20 such use on a case-by-case basis. 

21 (b) Amounts collected under subsection (a) shall be 

22 credited to funds available for the National Guard Dis23 tance Learning Project and be available to defray the costs 

24 associated with the use of equipment of the project under 
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1 that subsection. Such funds shall be available for such 

2 purposes without fiscal year limitation. 

3 (INCLUDING TRANSFER OF FUNDS)

4 SEC. 8052. Of the funds appropriated in this Act 

5 under the heading ‘‘Operation and Maintenance, Defense6 wide’’, $25,000,000 shall be for continued implementation 

7 and expansion of the Sexual Assault Special Victims’ 

8 Counsel Program: Provided, That the funds are made 

9 available for transfer to the Department of the Army, the 

10 Department of the Navy, and the Department of the Air 

11 Force: Provided further, That funds transferred shall be 

12 merged with and available for the same purposes and for 

13 the same time period as the appropriations to which the 

14 funds are transferred: Provided further, That this transfer 

15 authority is in addition to any other transfer authority 

16 provided in this Act. 

17 SEC. 8053. None of the funds appropriated in title 

18 IV of this Act may be used to procure end-items for deliv19 ery to military forces for operational training, operational 

20 use or inventory requirements: Provided, That this restric21 tion does not apply to end-items used in development, 

22 prototyping, and test activities preceding and leading to 

23 acceptance for operational use: Provided further, That the 

24 Secretary of Defense shall, with submission of the depart25 ment’s fiscal year 2020 budget request, submit a report 
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1 detailing the use of funds requested in research, develop2 ment, test and evaluation accounts for end-items used in 

3 development, prototyping and test activities preceding and 

4 leading to acceptance for operational use: Provided further, 

5 That this restriction does not apply to programs funded 

6 within the National Intelligence Program: Provided fur7 ther, That the Secretary of Defense may waive this restric8 tion on a case-by-case basis by certifying in writing to the 

9 Committees on Appropriations of the House of Represent10 atives and the Senate that it is in the national security 

11 interest to do so. 

12 SEC. 8054. (a) The Secretary of Defense may, on a 

13 case-by-case basis, waive with respect to a foreign country 

14 each limitation on the procurement of defense items from 

15 foreign sources provided in law if the Secretary determines 

16 that the application of the limitation with respect to that 

17 country would invalidate cooperative programs entered 

18 into between the Department of Defense and the foreign 

19 country, or would invalidate reciprocal trade agreements 

20 for the procurement of defense items entered into under 

21 section 2531 of title 10, United States Code, and the 

22 country does not discriminate against the same or similar 

23 defense items produced in the United States for that coun24 try. 

25 (b) Subsection (a) applies with respect to— 
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1 (1) contracts and subcontracts entered into on 

2 or after the date of the enactment of this Act; and 

3 (2) options for the procurement of items that 

4 are exercised after such date under contracts that 

5 are entered into before such date if the option prices 

6 are adjusted for any reason other than the applica7 tion of a waiver granted under subsection (a). 

8 (c) Subsection (a) does not apply to a limitation re9 garding construction of public vessels, ball and roller bear10 ings, food, and clothing or textile materials as defined by 

11 section XI (chapters 50–65) of the Harmonized Tariff 

12 Schedule of the United States and products classified 

13 under headings 4010, 4202, 4203, 6401 through 6406, 

14 6505, 7019, 7218 through 7229, 7304.41 through 

15 7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109, 

16 8211, 8215, and 9404. 

17 (INCLUDING TRANSFER OF FUNDS)

18 SEC. 8055. Of the amounts appropriated for ‘‘Oper19 ation and Maintenance, Navy’’, up to $1,000,000 shall be 

20 available for transfer to the John C. Stennis Center for 

21 Public Service Development Trust Fund established under 

22 section 116 of the John C. Stennis Center for Public Serv23 ice Training and Development Act (2 U.S.C. 1105). 

24 SEC. 8056. Notwithstanding any other provision of 

25 law, funds appropriated in this Act under the heading 
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1 ‘‘Research, Development, Test and Evaluation, Defense2 Wide’’ for any new start advanced concept technology 

3 demonstration project or joint capability demonstration 

4 project may only be obligated 45 days after a report, in5 cluding a description of the project, the planned acquisi6 tion and transition strategy and its estimated annual and 

7 total cost, has been provided in writing to the congres8 sional defense committees: Provided, That the Secretary 

9 of Defense may waive this restriction on a case-by-case 

10 basis by certifying to the congressional defense committees 

11 that it is in the national interest to do so. 

12 SEC. 8057. The Secretary of Defense shall continue 

13 to provide a classified quarterly report to the House and 

14 Senate Appropriations Committees, Subcommittees on 

15 Defense on certain matters as directed in the classified 

16 annex accompanying this Act. 

17 SEC. 8058. Notwithstanding section 12310(b) of title 

18 10, United States Code, a Reserve who is a member of 

19 the National Guard serving on full-time National Guard 

20 duty under section 502(f) of title 32, United States Code, 

21 may perform duties in support of the ground-based ele22 ments of the National Ballistic Missile Defense System. 

23 SEC. 8059. None of the funds provided in this Act 

24 may be used to transfer to any nongovernmental entity 

25 ammunition held by the Department of Defense that has 
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1 a center-fire cartridge and a United States military no2 menclature designation of ‘‘armor penetrator’’, ‘‘armor 

3 piercing (AP)’’, ‘‘armor piercing incendiary (API)’’, or 

4 ‘‘armor-piercing incendiary tracer (API–T)’’, except to an 

5 entity performing demilitarization services for the Depart6 ment of Defense under a contract that requires the entity 

7 to demonstrate to the satisfaction of the Department of 

8 Defense that armor piercing projectiles are either: (1) ren9 dered incapable of reuse by the demilitarization process; 

10 or (2) used to manufacture ammunition pursuant to a con11 tract with the Department of Defense or the manufacture 

12 of ammunition for export pursuant to a License for Per13 manent Export of Unclassified Military Articles issued by 

14 the Department of State. 

15 SEC. 8060. Notwithstanding any other provision of 

16 law, the Chief of the National Guard Bureau, or his des17 ignee, may waive payment of all or part of the consider18 ation that otherwise would be required under section 2667 

19 of title 10, United States Code, in the case of a lease of 

20 personal property for a period not in excess of 1 year to 

21 any organization specified in section 508(d) of title 32, 

22 United States Code, or any other youth, social, or fra23 ternal nonprofit organization as may be approved by the 

24 Chief of the National Guard Bureau, or his designee, on 

25 a case-by-case basis. 
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1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 8061. Of the amounts appropriated in this Act 

3 under the heading ‘‘Operation and Maintenance, Army’’, 

4 $62,483,700 shall remain available until expended: Pro5 vided, That, notwithstanding any other provision of law, 

6 the Secretary of Defense is authorized to transfer such 

7 funds to other activities of the Federal Government: Pro8 vided further, That the Secretary of Defense is authorized 

9 to enter into and carry out contracts for the acquisition 

10 of real property, construction, personal services, and oper11 ations related to projects carrying out the purposes of this 

12 section: Provided further, That contracts entered into 

13 under the authority of this section may provide for such 

14 indemnification as the Secretary determines to be nec15 essary: Provided further, That projects authorized by this 

16 section shall comply with applicable Federal, State, and 

17 local law to the maximum extent consistent with the na18 tional security, as determined by the Secretary of Defense. 

19 SEC. 8062. (a) None of the funds appropriated in this 

20 or any other Act may be used to take any action to mod21 ify— 

22 (1) the appropriations account structure for the 

23 National Intelligence Program budget, including 

24 through the creation of a new appropriation or new 

25 appropriation account; 
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1 (2) how the National Intelligence Program 

2 budget request is presented in the unclassified P–1, 

3 R–1, and O–1 documents supporting the Depart4 ment of Defense budget request; 

5 (3) the process by which the National Intel6 ligence Program appropriations are apportioned to 

7 the executing agencies; or 

8 (4) the process by which the National Intel9 ligence Program appropriations are allotted, obli10 gated and disbursed. 

11 (b) Nothing in section (a) shall be construed to pro12 hibit the merger of programs or changes to the National 

13 Intelligence Program budget at or below the Expenditure 

14 Center level, provided such change is otherwise in accord15 ance with paragraphs (a)(1)–(3). 

16 (c) The Director of National Intelligence and the Sec17 retary of Defense may jointly, only for the purposes of 

18 achieving auditable financial statements and improving 

19 fiscal reporting, study and develop detailed proposals for 

20 alternative financial management processes. Such study 

21 shall include a comprehensive counterintelligence risk as22 sessment to ensure that none of the alternative processes 

23 will adversely affect counterintelligence. 
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1 (d) Upon development of the detailed proposals de2 fined under subsection (c), the Director of National Intel3 ligence and the Secretary of Defense shall— 

4 (1) provide the proposed alternatives to all af5 fected agencies; 

6 (2) receive certification from all affected agen7 cies attesting that the proposed alternatives will help 

8 achieve auditability, improve fiscal reporting, and 

9 will not adversely affect counterintelligence; and 

10 (3) not later than 30 days after receiving all 

11 necessary certifications under paragraph (2), present 

12 the proposed alternatives and certifications to the 

13 congressional defense and intelligence committees. 

14 SEC. 8063. None of the funds available to the De15 partment of Defense may be obligated to modify command 

16 and control relationships to give Fleet Forces Command 

17 operational and administrative control of United States 

18 Navy forces assigned to the Pacific fleet: Provided, That 

19 the command and control relationships which existed on 

20 October 1, 2004, shall remain in force until a written 

21 modification has been proposed to the House and Senate 

22 Appropriations Committees: Provided further, That the 

23 proposed modification may be implemented 30 days after 

24 the notification unless an objection is received from either 

25 the House or Senate Appropriations Committees: Provided 
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1 further, That any proposed modification shall not preclude 

2 the ability of the commander of United States Pacific 

3 Command to meet operational requirements. 

4 SEC. 8064. Any notice that is required to be sub5 mitted to the Committees on Appropriations of the Senate 

6 and the House of Representatives under section 806(c)(4) 

7 of the Bob Stump National Defense Authorization Act for 

8 Fiscal Year 2003 (10 U.S.C. 2302 note) after the date 

9 of the enactment of this Act shall be submitted pursuant 

10 to that requirement concurrently to the Subcommittees on 

11 Defense of the Committees on Appropriations of the Sen12 ate and the House of Representatives. 

13 (INCLUDING TRANSFER OF FUNDS)

14 SEC. 8065. Of the amounts appropriated in this Act 

15 under the headings ‘‘Procurement, Defense-Wide’’ and 

16 ‘‘Research, Development, Test and Evaluation, Defense17 Wide’’, $500,000,000 shall be for the Israeli Cooperative 

18 Programs: Provided, That of this amount, $70,000,000 

19 shall be for the Secretary of Defense to provide to the Gov20 ernment of Israel for the procurement of the Iron Dome 

21 defense system to counter short-range rocket threats, sub22 ject to the U.S.-Israel Iron Dome Procurement Agree23 ment, as amended; $187,000,000 shall be for the Short 

24 Range Ballistic Missile Defense (SRBMD) program, in25 cluding cruise missile defense research and development 
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1 under the SRBMD program, of which $50,000,000 shall 

2 be for co-production activities of SRBMD systems in the 

3 United States and in Israel to meet Israel’s defense re4 quirements consistent with each nation’s laws, regulations, 

5 and procedures, subject to the U.S.-Israeli co-production 

6 agreement for SRBMD, as amended; $80,000,000 shall 

7 be for an upper-tier component to the Israeli Missile De8 fense Architecture, of which $80,000,000 shall be for co9 production activities of Arrow 3 Upper Tier systems in 

10 the United States and in Israel to meet Israel’s defense 

11 requirements consistent with each nation’s laws, regula12 tions, and procedures, subject to the U.S.-Israeli co-pro13 duction agreement for Arrow 3 Upper Tier, as amended; 

14 and $163,000,000 shall be for the Arrow System Improve15 ment Program including development of a long range, 

16 ground and airborne, detection suite: Provided further, 

17 That the transfer authority provided under this provision 

18 is in addition to any other transfer authority contained 

19 in this Act. 

20 (INCLUDING TRANSFER OF FUNDS)

21 SEC. 8066. Of the amounts appropriated in this Act 

22 under the heading ‘‘Shipbuilding and Conversion, Navy’’, 

23 $207,099,000 shall be available until September 30, 2019, 

24 to fund prior year shipbuilding cost increases: Provided, 

25 That upon enactment of this Act, the Secretary of the 
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1 Navy shall transfer funds to the following appropriations 

2 in the amounts specified: Provided further, That the 

3 amounts transferred shall be merged with and be available 

4 for the same purposes as the appropriations to which 

5 transferred to: 

6 (1) Under the heading ‘‘Shipbuilding and Con7 version, Navy’’, 2011/2019: LHA Replacement 

8 $25,100,000; 

9 (2) Under the heading ‘‘Shipbuilding and Con10 version, Navy’’, 2013/2019: DDG-51 Destroyer 

11 $53,966,000; 

12 (3) Under the heading ‘‘Shipbuilding and Con13 version, Navy’’, 2014/2019: Littoral Combat Ship 

14 $19,498,000; 

15 (4) Under the heading ‘‘Shipbuilding and Con16 version, Navy’’, 2015/2019: Littoral Combat Ship 

17 $83,686,000; 

18 (5) Under the heading ‘‘Shipbuilding and Con19 version, Navy’’, 2015/2019: LCAC $9,400,000; and 

20 (6) Under the heading ‘‘Shipbuilding and Con21 version, Navy’’, 2016/2019: TAO Fleet Oiler 

22 $15,449,000. 

23 SEC. 8067. Funds appropriated by this Act, or made 

24 available by the transfer of funds in this Act, for intel25 ligence activities are deemed to be specifically authorized 
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1 by the Congress for purposes of section 504 of the Na2 tional Security Act of 1947 (50 U.S.C. 3094) during fiscal 

3 year 2019 until the enactment of the Intelligence Author4 ization Act for Fiscal Year 2019. 

5 SEC. 8068. None of the funds provided in this Act 

6 shall be available for obligation or expenditure through a 

7 reprogramming of funds that creates or initiates a new 

8 program, project, or activity unless such program, project, 

9 or activity must be undertaken immediately in the interest 

10 of national security and only after written prior notifica11 tion to the congressional defense committees. 

12 SEC. 8069. The budget of the President for fiscal 

13 year 2020 submitted to the Congress pursuant to section 

14 1105 of title 31, United States Code, shall include sepa15 rate budget justification documents for costs of United 

16 States Armed Forces’ participation in contingency oper17 ations for the Military Personnel accounts, the Operation 

18 and Maintenance accounts, the Procurement accounts, 

19 and the Research, Development, Test and Evaluation ac20 counts: Provided, That these documents shall include a de21 scription of the funding requested for each contingency op22 eration, for each military service, to include all Active and 

23 Reserve components, and for each appropriations account: 

24 Provided further, That these documents shall include esti25 mated costs for each element of expense or object class, 
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1 a reconciliation of increases and decreases for each contin2 gency operation, and programmatic data including, but 

3 not limited to, troop strength for each Active and Reserve 

4 component, and estimates of the major weapons systems 

5 deployed in support of each contingency: Provided further, 

6 That these documents shall include budget exhibits OP– 

7 5 and OP–32 (as defined in the Department of Defense 

8 Financial Management Regulation) for all contingency op9 erations for the budget year and the two preceding fiscal 

10 years. 

11 SEC. 8070. None of the funds in this Act may be 

12 used for research, development, test, evaluation, procure13 ment or deployment of nuclear armed interceptors of a 

14 missile defense system. 

15 SEC. 8071. (a) None of the funds made available in 

16 this Act may be used to maintain or establish a computer 

17 network unless such network is designed to block access 

18 to pornography websites. 

19 (b) Nothing in subsection (a) shall limit the use of 

20 funds necessary for any Federal, State, tribal, or local law 

21 enforcement agency or any other entity carrying out crimi22 nal investigations, prosecution, or adjudication activities, 

23 or for any activity necessary for the national defense, in24 cluding intelligence activities. 
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1 (TRANSFER OF FUNDS)

2 SEC. 8072. The Secretary of Defense may transfer 

3 up to $800,000,000 of the amounts appropriated or other4 wise made available in this Act to the Department of De5 fense for the rapid acquisition and deployment of supplies 

6 and associated support pursuant to section 806 of the Bob 

7 Stump National Defense Authorization Act for Fiscal 

8 Year 2003 (Public Law 107–314; 10 U.S.C. 2302 note): 

9 Provided, That the Secretary of Defense shall notify the 

10 congressional defense committees promptly of all transfers 

11 made pursuant to this authority or any other authority 

12 in this Act: Provided further, That the transfer authority 

13 provided in this section is in addition to any other transfer 

14 authority provided elsewhere in this Act. 

15 SEC. 8073. None of the funds appropriated or made 

16 available in this Act shall be used to reduce or disestablish 

17 the operation of the 53rd Weather Reconnaissance Squad18 ron of the Air Force Reserve, if such action would reduce 

19 the WC–130 Weather Reconnaissance mission below the 

20 levels funded in this Act: Provided, That the Air Force 

21 shall allow the 53rd Weather Reconnaissance Squadron to 

22 perform other missions in support of national defense re23 quirements during the non-hurricane season. 

24 SEC. 8074. None of the funds provided in this Act 

25 shall be available for integration of foreign intelligence in-
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1 formation unless the information has been lawfully col2 lected and processed during the conduct of authorized for3 eign intelligence activities: Provided, That information 

4 pertaining to United States persons shall only be handled 

5 in accordance with protections provided in the Fourth 

6 Amendment of the United States Constitution as imple7 mented through Executive Order No. 12333. 

8 SEC. 8075. (a) None of the funds appropriated by 

9 this Act may be used to transfer research and develop10 ment, acquisition, or other program authority relating to 

11 current tactical unmanned aerial vehicles (TUAVs) from 

12 the Army. 

13 (b) The Army shall retain responsibility for and oper14 ational control of the MQ–1C Gray Eagle Unmanned Aer15 ial Vehicle (UAV) in order to support the Secretary of De16 fense in matters relating to the employment of unmanned 

17 aerial vehicles. 

18 SEC. 8076. None of the funds appropriated by this 

19 Act for programs of the Office of the Director of National 

20 Intelligence shall remain available for obligation beyond 

21 the current fiscal year, except for funds appropriated for 

22 research and technology, which shall remain available until 

23 September 30, 2020. 

24 SEC. 8077. For purposes of section 1553(b) of title 

25 31, United States Code, any subdivision of appropriations 
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1 made in this Act under the heading ‘‘Shipbuilding and 

2 Conversion, Navy’’ shall be considered to be for the same 

3 purpose as any subdivision under the heading ‘‘Ship4 building and Conversion, Navy’’ appropriations in any 

5 prior fiscal year, and the 1 percent limitation shall apply 

6 to the total amount of the appropriation. 

7 SEC. 8078. (a) Not later than 60 days after the date 

8 of enactment of this Act, the Director of National Intel9 ligence shall submit a report to the congressional intel10 ligence committees to establish the baseline for application 

11 of reprogramming and transfer authorities for fiscal year 

12 2019: Provided, That the report shall include— 

13 (1) a table for each appropriation with a sepa14 rate column to display the President’s budget re15 quest, adjustments made by Congress, adjustments 

16 due to enacted rescissions, if appropriate, and the 

17 fiscal year enacted level; 

18 (2) a delineation in the table for each appro19 priation by Expenditure Center and project; and 

20 (3) an identification of items of special congres21 sional interest. 

22 (b) None of the funds provided for the National Intel23 ligence Program in this Act shall be available for re24 programming or transfer until the report identified in sub25 section (a) is submitted to the congressional intelligence 
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1 committees, unless the Director of National Intelligence 

2 certifies in writing to the congressional intelligence com3 mittees that such reprogramming or transfer is necessary 

4 as an emergency requirement. 

5 SEC. 8079. None of the funds provided in this Act 

6 for the TAO–205 program shall be used to award a new 

7 contract that provides for the acquisition of the following 

8 components unless those components are manufactured in 

9 the United States: Auxiliary equipment (including pumps) 

10 for shipboard services; propulsion equipment (including 

11 engines, reduction gears, and propellers); shipboard 

12 cranes; and spreaders for shipboard cranes. 

13 SEC. 8080. Notwithstanding any other provision of 

14 law, any transfer of funds, appropriated or otherwise made 

15 available by this Act, for support to friendly foreign coun16 tries in connection with the conduct of operations in which 

17 the United States is not participating, pursuant to section 

18 331(d) of title 10, United States Code, shall be made in 

19 accordance with sections 8005 or 9002 of this Act, as ap20 plicable. 

21 SEC. 8081. Any transfer of amounts appropriated to, 

22 credited to, or deposited in the Department of Defense Ac23 quisition Workforce Development Fund in or for fiscal 

24 year 2019 to a military department or Defense Agency 

25 pursuant to section 1705(e)(1) of title 10, United States 
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1 Code, shall be covered by and subject to sections 8005 or 

2 9002 of this Act, as applicable. 

3 SEC. 8082. None of the funds made available by this 

4 Act for excess defense articles, assistance under section 

5 333 of title 10, United States Code, or peacekeeping oper6 ations for the countries designated annually to be in viola7 tion of the standards of the Child Soldiers Prevention Act 

8 of 2008 (Public Law 110–457; 22 U.S.C. 2370c–1) may 

9 be used to support any military training or operation that 

10 includes child soldiers, as defined by the Child Soldiers 

11 Prevention Act of 2008, unless such assistance is other12 wise permitted under section 404 of the Child Soldiers 

13 Prevention Act of 2008. 

14 SEC. 8083. (a) None of the funds provided for the 

15 National Intelligence Program in this or any prior appro16 priations Act shall be available for obligation or expendi17 ture through a reprogramming or transfer of funds in ac18 cordance with section 102A(d) of the National Security 

19 Act of 1947 (50 U.S.C. 3024(d)) that— 

20 (1) creates a new start effort; 

21 (2) terminates a program with appropriated 

22 funding of $10,000,000 or more; 

23 (3) transfers funding into or out of the Na24 tional Intelligence Program; or 

25 (4) transfers funding between appropriations, 
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1 unless the congressional intelligence committees are noti2 fied 30 days in advance of such reprogramming of funds; 

3 this notification period may be reduced for urgent national 

4 security requirements. 

5 (b) None of the funds provided for the National Intel6 ligence Program in this or any prior appropriations Act 

7 shall be available for obligation or expenditure through a 

8 reprogramming or transfer of funds in accordance with 

9 section 102A(d) of the National Security Act of 1947 (50 

10 U.S.C. 3024(d)) that results in a cumulative increase or 

11 decrease of the levels specified in the classified annex ac12 companying the Act unless the congressional intelligence 

13 committees are notified 30 days in advance of such re14 programming of funds; this notification period may be re15 duced for urgent national security requirements. 

16 SEC. 8084. The Director of National Intelligence 

17 shall submit to Congress each year, at or about the time 

18 that the President’s budget is submitted to Congress that 

19 year under section 1105(a) of title 31, United States 

20 Code, a future-years intelligence program (including asso21 ciated annexes) reflecting the estimated expenditures and 

22 proposed appropriations included in that budget. Any such 

23 future-years intelligence program shall cover the fiscal 

24 year with respect to which the budget is submitted and 

25 at least the four succeeding fiscal years. 
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1 SEC. 8085. For the purposes of this Act, the term 

2 ‘‘congressional intelligence committees’’ means the Perma3 nent Select Committee on Intelligence of the House of 

4 Representatives, the Select Committee on Intelligence of 

5 the Senate, the Subcommittee on Defense of the Com6 mittee on Appropriations of the House of Representatives, 

7 and the Subcommittee on Defense of the Committee on 

8 Appropriations of the Senate. 

9 (INCLUDING TRANSFER OF FUNDS)

10 SEC. 8086. During the current fiscal year, not to ex11 ceed $11,000,000 from each of the appropriations made 

12 in title II of this Act for ‘‘Operation and Maintenance, 

13 Army’’, ‘‘Operation and Maintenance, Navy’’, and ‘‘Oper14 ation and Maintenance, Air Force’’ may be transferred by 

15 the military department concerned to its central fund es16 tablished for Fisher Houses and Suites pursuant to sec17 tion 2493(d) of title 10, United States Code. 

18 SEC. 8087. None of the funds appropriated by this 

19 Act may be available for the purpose of making remit20 tances to the Department of Defense Acquisition Work21 force Development Fund in accordance with section 1705 

22 of title 10, United States Code. 

23 SEC. 8088. (a) Any agency receiving funds made 

24 available in this Act, shall, subject to subsections (b) and 

25 (c), post on the public Web site of that agency any report 
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1 required to be submitted by the Congress in this or any 

2 other Act, upon the determination by the head of the agen3 cy that it shall serve the national interest. 

4 (b) Subsection (a) shall not apply to a report if— 

5 (1) the public posting of the report com6 promises national security; or 

7 (2) the report contains proprietary information. 

8 (c) The head of the agency posting such report shall 

9 do so only after such report has been made available to 

10 the requesting Committee or Committees of Congress for 

11 no less than 45 days. 

12 SEC. 8089. (a) None of the funds appropriated or 

13 otherwise made available by this Act may be expended for 

14 any Federal contract for an amount in excess of 

15 $1,000,000, unless the contractor agrees not to— 

16 (1) enter into any agreement with any of its 

17 employees or independent contractors that requires, 

18 as a condition of employment, that the employee or 

19 independent contractor agree to resolve through ar20 bitration any claim under title VII of the Civil 

21 Rights Act of 1964 or any tort related to or arising 

22 out of sexual assault or harassment, including as23 sault and battery, intentional infliction of emotional 

24 distress, false imprisonment, or negligent hiring, su25 pervision, or retention; or 
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1 (2) take any action to enforce any provision of 

2 an existing agreement with an employee or inde3 pendent contractor that mandates that the employee 

4 or independent contractor resolve through arbitra5 tion any claim under title VII of the Civil Rights Act 

6 of 1964 or any tort related to or arising out of sex7 ual assault or harassment, including assault and 

8 battery, intentional infliction of emotional distress, 

9 false imprisonment, or negligent hiring, supervision, 

10 or retention. 

11 (b) None of the funds appropriated or otherwise 

12 made available by this Act may be expended for any Fed13 eral contract unless the contractor certifies that it requires 

14 each covered subcontractor to agree not to enter into, and 

15 not to take any action to enforce any provision of, any 

16 agreement as described in paragraphs (1) and (2) of sub17 section (a), with respect to any employee or independent 

18 contractor performing work related to such subcontract. 

19 For purposes of this subsection, a ‘‘covered subcon20 tractor’’ is an entity that has a subcontract in excess of 

21 $1,000,000 on a contract subject to subsection (a). 

22 (c) The prohibitions in this section do not apply with 

23 respect to a contractor’s or subcontractor’s agreements 

24 with employees or independent contractors that may not 

25 be enforced in a court of the United States. 
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1 (d) The Secretary of Defense may waive the applica2 tion of subsection (a) or (b) to a particular contractor or 

3 subcontractor for the purposes of a particular contract or 

4 subcontract if the Secretary or the Deputy Secretary per5 sonally determines that the waiver is necessary to avoid 

6 harm to national security interests of the United States, 

7 and that the term of the contract or subcontract is not 

8 longer than necessary to avoid such harm. The determina9 tion shall set forth with specificity the grounds for the 

10 waiver and for the contract or subcontract term selected, 

11 and shall state any alternatives considered in lieu of a 

12 waiver and the reasons each such alternative would not 

13 avoid harm to national security interests of the United 

14 States. The Secretary of Defense shall transmit to Con15 gress, and simultaneously make public, any determination 

16 under this subsection not less than 15 business days be17 fore the contract or subcontract addressed in the deter18 mination may be awarded. 

19 (INCLUDING TRANSFER OF FUNDS)

20 SEC. 8090. From within the funds appropriated for 

21 operation and maintenance for the Defense Health Pro22 gram in this Act, up to $113,000,000, shall be available 

23 for transfer to the Joint Department of Defense-Depart24 ment of Veterans Affairs Medical Facility Demonstration 

25 Fund in accordance with the provisions of section 1704 
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1 of the National Defense Authorization Act for Fiscal Year 

2 2010, Public Law 111–84: Provided, That for purposes 

3 of section 1704(b), the facility operations funded are oper4 ations of the integrated Captain James A. Lovell Federal 

5 Health Care Center, consisting of the North Chicago Vet6 erans Affairs Medical Center, the Navy Ambulatory Care 

7 Center, and supporting facilities designated as a combined 

8 Federal medical facility as described by section 706 of 

9 Public Law 110–417: Provided further, That additional 

10 funds may be transferred from funds appropriated for op11 eration and maintenance for the Defense Health Program 

12 to the Joint Department of Defense-Department of Vet13 erans Affairs Medical Facility Demonstration Fund upon 

14 written notification by the Secretary of Defense to the 

15 Committees on Appropriations of the House of Represent16 atives and the Senate. 

17 SEC. 8091. None of the funds appropriated or other18 wise made available by this Act may be used by the De19 partment of Defense or a component thereof in contraven20 tion of the provisions of section 130h of title 10, United 

21 States Code. 

22 SEC. 8092. Appropriations available to the Depart23 ment of Defense may be used for the purchase of heavy 

24 and light armored vehicles for the physical security of per25 sonnel or for force protection purposes up to a limit of 
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1 $450,000 per vehicle, notwithstanding price or other limi2 tations applicable to the purchase of passenger carrying 

3 vehicles. 

4 (INCLUDING TRANSFER OF FUNDS)

5 SEC. 8093. Upon a determination by the Director of 

6 National Intelligence that such action is necessary and in 

7 the national interest, the Director may, with the approval 

8 of the Office of Management and Budget, transfer not to 

9 exceed $1,500,000,000 of the funds made available in this 

10 Act for the National Intelligence Program: Provided, That 

11 such authority to transfer may not be used unless for 

12 higher priority items, based on unforeseen intelligence re13 quirements, than those for which originally appropriated 

14 and in no case where the item for which funds are re15 quested has been denied by the Congress: Provided further, 

16 That a request for multiple reprogrammings of funds 

17 using authority provided in this section shall be made 

18 prior to June 30, 2019. 

19 SEC. 8094. None of the funds appropriated or other20 wise made available in this or any other Act may be used 

21 to transfer, release, or assist in the transfer or release to 

22 or within the United States, its territories, or possessions 

23 Khalid Sheikh Mohammed or any other detainee who— 

24 (1) is not a United States citizen or a member 

25 of the Armed Forces of the United States; and 
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1 (2) is or was held on or after June 24, 2009, 

2 at United States Naval Station, Guanta ́namo Bay, 

3 Cuba, by the Department of Defense. 

4 SEC. 8095. (a) None of the funds appropriated or 

5 otherwise made available in this or any other Act may be 

6 used to construct, acquire, or modify any facility in the 

7 United States, its territories, or possessions to house any 

8 individual described in subsection (c) for the purposes of 

9 detention or imprisonment in the custody or under the ef10 fective control of the Department of Defense. 

11 (b) The prohibition in subsection (a) shall not apply 

12 to any modification of facilities at United States Naval 

13 Station, Guanta ́namo Bay, Cuba. 

14 (c) An individual described in this subsection is any 

15 individual who, as of June 24, 2009, is located at United 

16 States Naval Station, Guanta ́namo Bay, Cuba, and who— 

17 (1) is not a citizen of the United States or a 

18 member of the Armed Forces of the United States; 

19 and 

20 (2) is— 

21 (A) in the custody or under the effective 

22 control of the Department of Defense; or 

23 (B) otherwise under detention at United 

24 States Naval Station, Guanta ́namo Bay, Cuba. 
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1 SEC. 8096. None of the funds appropriated or other2 wise made available in this Act may be used to transfer 

3 any individual detained at United States Naval Station 

4 Guanta ́namo Bay, Cuba, to the custody or control of the 

5 individual’s country of origin, any other foreign country, 

6 or any other foreign entity except in accordance with sec7 tion 1034 of the National Defense Authorization Act for 

8 Fiscal Year 2016 (Public Law 114–92) and section 1034 

9 of the National Defense Authorization Act for Fiscal Year 

10 2017 (Public Law 114–328). 

11 SEC. 8097. None of the funds made available by this 

12 Act may be used in contravention of the War Powers Res13 olution (50 U.S.C. 1541 et seq.). 

14 SEC. 8098. (a) None of the funds appropriated or 

15 otherwise made available by this or any other Act may 

16 be used by the Secretary of Defense, or any other official 

17 or officer of the Department of Defense, to enter into a 

18 contract, memorandum of understanding, or cooperative 

19 agreement with, or make a grant to, or provide a loan 

20 or loan guarantee to Rosoboronexport or any subsidiary 

21 of Rosoboronexport. 

22 (b) The Secretary of Defense may waive the limita23 tion in subsection (a) if the Secretary, in consultation with 

24 the Secretary of State and the Director of National Intel25 ligence, determines that it is in the vital national security 
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1 interest of the United States to do so, and certifies in writ2 ing to the congressional defense committees that, to the 

3 best of the Secretary’s knowledge: 

4 (1) Rosoboronexport has ceased the transfer of 

5 lethal military equipment to, and the maintenance of 

6 existing lethal military equipment for, the Govern7 ment of the Syrian Arab Republic; 

8 (2) The armed forces of the Russian Federation 

9 have withdrawn from Crimea, other than armed 

10 forces present on military bases subject to agree11 ments in force between the Government of the Rus12 sian Federation and the Government of Ukraine; 

13 and 

14 (3) Agents of the Russian Federation have 

15 ceased taking active measures to destabilize the con16 trol of the Government of Ukraine over eastern 

17 Ukraine. 

18 (c) The Inspector General of the Department of De19 fense shall conduct a review of any action involving 

20 Rosoboronexport with respect to a waiver issued by the 

21 Secretary of Defense pursuant to subsection (b), and not 

22 later than 90 days after the date on which such a waiver 

23 is issued by the Secretary of Defense, the Inspector Gen24 eral shall submit to the congressional defense committees 
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1 a report containing the results of the review conducted 

2 with respect to such waiver. 

3 SEC. 8099. The Secretary of Defense, in consultation 

4 with the Service Secretaries, shall submit two reports to 

5 the congressional defense committees, not later than 

6 March 1, 2019, and not later than September 1, 2019, 

7 detailing the submission of records during the previous 6 

8 months to databases accessible to the National Instant 

9 Criminal Background Check System (NICS), including 

10 the Interstate Identification Index (III), the National 

11 Crime Information Center (NCIC), and the NICS Index, 

12 as required by Public Law 110–180: Provided, That such 

13 reports shall provide the number and category of records 

14 submitted by month to each such database, by Service or 

15 Component: Provided further, That such reports shall 

16 identify the number and category of records submitted by 

17 month to those databases for which the Identification for 

18 Firearm Sales (IFFS) flag or other database flags were 

19 used to pre-validate the records and indicate that such 

20 persons are prohibited from receiving or possessing a fire21 arm: Provided further, That such reports shall describe the 

22 steps taken during the previous 6 months, by Service or 

23 Component, to ensure complete and accurate submission 

24 and appropriate flagging of records of individuals prohib25 ited from gun possession or receipt pursuant to 18 U.S.C. 
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1 922(g) or (n) including applicable records involving pro2 ceedings under the Uniform Code of Military Justice. 

3 SEC. 8100. (a) Of the funds appropriated in this Act 

4 for the Department of Defense, amounts should be made 

5 available, under such regulations as the Secretary of De6 fense may prescribe, to local military commanders ap7 pointed by the Secretary, or by an officer or employee des8 ignated by the Secretary, to provide at their discretion ex 

9 gratia payments in amounts consistent with subsection (d) 

10 of this section for damage, personal injury, or death that 

11 is incident to combat operations of the Armed Forces in 

12 a foreign country. 

13 (b) An ex gratia payment under this section may be 

14 provided only if— 

15 (1) the prospective foreign civilian recipient is 

16 determined by the local military commander to be 

17 friendly to the United States; 

18 (2) a claim for damages would not be compen19 sable under chapter 163 of title 10, United States 

20 Code (commonly known as the ‘‘Foreign Claims 

21 Act’’); and 

22 (3) the property damage, personal injury, or 

23 death was not caused by action by an enemy. 

24 (c) NATURE OF PAYMENTS.—Any payments provided 

25 under a program under subsection (a) shall not be consid-
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1 ered an admission or acknowledgement of any legal obliga2 tion to compensate for any damage, personal injury, or 

3 death. 

4 (d) AMOUNT OF PAYMENTS.—If the Secretary of De5 fense determines a program under subsection (a) to be ap6 propriate in a particular setting, the amounts of pay7 ments, if any, to be provided to civilians determined to 

8 have suffered harm incident to combat operations of the 

9 Armed Forces under the program should be determined 

10 pursuant to regulations prescribed by the Secretary and 

11 based on an assessment, which should include such factors 

12 as cultural appropriateness and prevailing economic condi13 tions. 

14 (e) LEGAL ADVICE.—Local military commanders 

15 shall receive legal advice before making ex gratia pay16 ments under this subsection. The legal advisor, under reg17 ulations of the Department of Defense, shall advise on 

18 whether an ex gratia payment is proper under this section 

19 and applicable Department of Defense regulations. 

20 (f) WRITTEN RECORD.—A written record of any ex 

21 gratia payment offered or denied shall be kept by the local 

22 commander and on a timely basis submitted to the appro23 priate office in the Department of Defense as determined 

24 by the Secretary of Defense. 
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1 (g) REPORT.—The Secretary of Defense shall report 

2 to the congressional defense committees on an annual 

3 basis the efficacy of the ex gratia payment program in4 cluding the number of types of cases considered, amounts 

5 offered, the response from ex gratia payment recipients, 

6 and any recommended modifications to the program. 

7 SEC. 8101. None of the funds available in this Act 

8 to the Department of Defense, other than appropriations 

9 made for necessary or routine refurbishments, upgrades 

10 or maintenance activities, shall be used to reduce or to 

11 prepare to reduce the number of deployed and non-de12 ployed strategic delivery vehicles and launchers below the 

13 levels set forth in the report submitted to Congress in ac14 cordance with section 1042 of the National Defense Au15 thorization Act for Fiscal Year 2012. 

16 SEC. 8102. Amounts in working capital funds of the 

17 Department of Defense established pursuant to section 

18 2208 of title 10, United States Code, may be obligated 

19 and expended in fiscal year 2020 for the payment of death 

20 gratuities authorized by subchapter II of chapter 75 of 

21 title 10, United States Code, that are payable during the 

22 period in which the appropriations bill for fiscal year 2020 

23 for the Department has not become law and an Act or 

24 joint resolution making continuing appropriations for fis25 cal year 2020 for the Department is not in effect (a ‘‘lapse 
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1 in appropriations’’): Provided, That, upon enactment of 

2 the appropriations Act for fiscal year 2020 for the Depart3 ment, such obligations and expenditures shall be recorded 

4 against the appropriations made available by such Act for 

5 the payment of such death gratuities. 

6 SEC. 8103. The Secretary of each military depart7 ment, in reducing each research, development, test and 

8 evaluation and procurement account of the military de9 partment as required under paragraph (1) of section 

10 828(d) of the National Defense Authorization Act for Fis11 cal Year 2016 (Public Law 114–92; 10 U.S.C. 2430 note), 

12 as amended by section 825(a)(3) of the National Defense 

13 Authorization Act for Fiscal Year 2018, shall allocate the 

14 percentage reduction determined under paragraph (2) of 

15 such section 828(d) proportionally from all programs, 

16 projects, or activities under such account: Provided, That 

17 the authority under section 804(d)(2) of the National De18 fense Authorization Act for Fiscal Year 2016 (Public Law 

19 114–92; 10 U.S.C. 2302 note) to transfer amounts avail20 able in the Rapid Prototyping Fund shall be subject to 

21 section 8005 or 9002 of this Act, as applicable. 

22 SEC. 8104. None of the funds made available by this 

23 Act may be used by the National Security Agency to— 

24 (1) conduct an acquisition pursuant to section 

25 702 of the Foreign Intelligence Surveillance Act of 
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1 1978 for the purpose of targeting a United States 

2 person; or 

3 (2) acquire, monitor, or store the contents (as 

4 such term is defined in section 2510(8) of title 18, 

5 United States Code) of any electronic communica6 tion of a United States person from a provider of 

7 electronic communication services to the public pur8 suant to section 501 of the Foreign Intelligence Sur9 veillance Act of 1978. 

10 SEC. 8105. None of the funds made available in this 

11 or any other Act may be used to pay the salary of any 

12 officer or employee of any agency funded by this Act who 

13 approves or implements the transfer of administrative re14 sponsibilities or budgetary resources of any program, 

15 project, or activity financed by this Act to the jurisdiction 

16 of another Federal agency not financed by this Act with17 out the express authorization of Congress: Provided, That 

18 this limitation shall not apply to transfers of funds ex19 pressly provided for in Defense Appropriations Acts, or 

20 provisions of Acts providing supplemental appropriations 

21 for the Department of Defense. 

22 SEC. 8106. None of the funds made available in this 

23 Act may be obligated for activities authorized under sec24 tion 1208 of the Ronald W. Reagan National Defense Au25 thorization Act for Fiscal Year 2005 (Public Law 112– 
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1 81; 125 Stat. 1621) to initiate support for, or expand sup2 port to, foreign forces, irregular forces, groups, or individ3 uals unless the congressional defense committees are noti4 fied in accordance with the direction contained in the clas5 sified annex accompanying this Act, not less than 15 days 

6 before initiating such support: Provided, That none of the 

7 funds made available in this Act may be used under sec8 tion 1208 for any activity that is not in support of an 

9 ongoing military operation being conducted by United 

10 States Special Operations Forces to combat terrorism: 

11 Provided further, That the Secretary of Defense may waive 

12 the prohibitions in this section if the Secretary determines 

13 that such waiver is required by extraordinary cir14 cumstances and, by not later than 72 hours after making 

15 such waiver, notifies the congressional defense committees 

16 of such waiver. 

17 SEC. 8107. Of the amounts appropriated in this Act 

18 for ‘‘Operation and Maintenance, Navy’’, $310,805,000, 

19 to remain available until expended, may be used for any 

20 purposes related to the National Defense Reserve Fleet 

21 established under section 11 of the Merchant Ship Sales 

22 Act of 1946 (50 U.S.C. 4405): Provided, That such 

23 amounts are available for reimbursements to the Ready 

24 Reserve Force, Maritime Administration account of the 

25 United States Department of Transportation for pro-
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1 grams, projects, activities, and expenses related to the Na2 tional Defense Reserve Fleet. 

3 (INCLUDING TRANSFER OF FUNDS)

4 SEC. 8108. Of the amounts appropriated in this Act, 

5 the Secretary of Defense may use up to $52,657,000 

6 under the heading ‘‘Operation and Maintenance, Defense7 Wide’’, and up to $39,400,000 under the heading ‘‘Re8 search, Development, Test and Evaluation, Defense9 Wide’’ to develop, replace, and sustain Federal Govern10 ment security and suitability background investigation in11 formation technology systems of the Office of Personnel 

12 Management or other Federal agency responsible for con13 ducting such investigations: Provided, That the Secretary 

14 may transfer additional amounts into these headings or 

15 into ‘‘Procurement, Defense-Wide’’ using established re16 programming procedures prescribed in the Department of 

17 Defense Financial Management Regulation 7000.14, Vol18 ume 3, Chapter 6, dated September 2015: Provided fur19 ther, That such funds shall supplement, not supplant any 

20 other amounts made available to other Federal agencies 

21 for such purposes. 

22 SEC. 8109. None of the funds made available by this 

23 Act may be used to carry out the closure or realignment 

24 of the United States Naval Station, Guanta ́namo Bay, 

25 Cuba. 
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1 SEC. 8110. Notwithstanding any other provision of 

2 law, any transfer of funds appropriated or otherwise made 

3 available by this Act to the Global Engagement Center es4 tablished by section 1287 of the National Defense Author5 ization Act for Fiscal Year 2017 (Public Law 114–328; 

6 130 Stat. 22 U.S.C. 2656 note) shall be made in accord7 ance with section 8005 or 9002 of this Act, as applicable. 

8 SEC. 8111. No amounts credited or otherwise made 

9 available in this or any other Act to the Department of 

10 Defense Acquisition Workforce Development Fund may be 

11 transferred to: 

12 (1) the Rapid Prototyping Fund established 

13 under section 804(d) of the National Defense Au14 thorization Act for Fiscal Year 2016 (10 U.S.C. 

15 2302 note); or 

16 (2) credited to a military-department specific 

17 fund established under section 804(d)(2) of the Na18 tional Defense Authorization Act for Fiscal Year 

19 2016 (as amended by section 897 of the National 

20 Defense Authorization Act for Fiscal Year 2017). 

21 SEC. 8112. Notwithstanding any other provision of 

22 law, from funds made available to the Department of De23 fense in title II of this Act under the heading ‘‘Operation 

24 and Maintenance, Defense-Wide’’, $15,000,000 shall be 

25 available for a project in a country designated by the Sec-
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1 retary of Defense: Provided, That in furtherance of the 

2 project, the Department of Defense is authorized to ac3 quire services, including services performed pursuant to 

4 a grant agreement, from another Federal agency, on an 

5 advance of funds or reimbursable basis: Provided further, 

6 That an order for services placed under this section is 

7 deemed to be an obligation in the same manner that a 

8 similar order placed under a contract with a private con9 tractor is an obligation. 

10 SEC. 8113. None of the funds appropriated by this 

11 Act may be made available to transfer, or to facilitate the 

12 transfer of, F–35 aircraft to Turkey, including any de13 fense articles or services related to such aircraft, until the 

14 Secretary of Defense, in consultation with the Secretary 

15 of State, certifies to the appropriate congressional commit16 tees that the Government of Turkey is not purchasing the 

17 S–400 missile defense system from Russia and will not 

18 accept the delivery of such system. 

19 TITLE IX 

20 OVERSEAS CONTINGENCY OPERATIONS 

21 MILITARY PERSONNEL 

22 MILITARY PERSONNEL, ARMY

23 For an additional amount for ‘‘Military Personnel, 

24 Army’’, $2,929,154,000: Provided, That such amount is 

25 designated by the Congress for Overseas Contingency Op-
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1 erations/Global War on Terrorism pursuant to section 

2 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

3 Deficit Control Act of 1985. 

4 MILITARY PERSONNEL, NAVY

5 For an additional amount for ‘‘Military Personnel, 

6 Navy’’, $385,461,000: Provided, That such amount is des7 ignated by the Congress for Overseas Contingency Oper8 ations/Global War on Terrorism pursuant to section 

9 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

10 Deficit Control Act of 1985. 

11 MILITARY PERSONNEL, MARINE CORPS

12 For an additional amount for ‘‘Military Personnel, 

13 Marine Corps’’, $109,232,000: Provided, That such 

14 amount is designated by the Congress for Overseas Con15 tingency Operations/Global War on Terrorism pursuant to 

16 section 251(b)(2)(A)(ii) of the Balanced Budget and 

17 Emergency Deficit Control Act of 1985. 

18 MILITARY PERSONNEL, AIR FORCE

19 For an additional amount for ‘‘Military Personnel, 

20 Air Force’’, $964,508,000: Provided, That such amount 

21 is designated by the Congress for Overseas Contingency 

22 Operations/Global War on Terrorism pursuant to section 

23 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

24 Deficit Control Act of 1985. 
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1 RESERVE PERSONNEL, ARMY

2 For an additional amount for ‘‘Reserve Personnel, 

3 Army’’, $37,007,000: Provided, That such amount is des4 ignated by the Congress for Overseas Contingency Oper5 ations/Global War on Terrorism pursuant to section 

6 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

7 Deficit Control Act of 1985. 

8 RESERVE PERSONNEL, NAVY

9 For an additional amount for ‘‘Reserve Personnel, 

10 Navy’’, $11,100,000: Provided, That such amount is des11 ignated by the Congress for Overseas Contingency Oper12 ations/Global War on Terrorism pursuant to section 

13 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

14 Deficit Control Act of 1985. 

15 RESERVE PERSONNEL, MARINE CORPS

16 For an additional amount for ‘‘Reserve Personnel, 

17 Marine Corps’’, $2,380,000: Provided, That such amount 

18 is designated by the Congress for Overseas Contingency 

19 Operations/Global War on Terrorism pursuant to section 

20 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

21 Deficit Control Act of 1985. 

22 RESERVE PERSONNEL, AIR FORCE

23 For an additional amount for ‘‘Reserve Personnel, 

24 Air Force’’, $21,076,000: Provided, That such amount is 

25 designated by the Congress for Overseas Contingency Op-
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1 erations/Global War on Terrorism pursuant to section 

2 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

3 Deficit Control Act of 1985. 

4 NATIONAL GUARD PERSONNEL, ARMY

5 For an additional amount for ‘‘National Guard Per6 sonnel, Army’’, $195,283,000: Provided, That such 

7 amount is designated by the Congress for Overseas Con8 tingency Operations/Global War on Terrorism pursuant to 

9 section 251(b)(2)(A)(ii) of the Balanced Budget and 

10 Emergency Deficit Control Act of 1985. 

11 NATIONAL GUARD PERSONNEL, AIR FORCE

12 For an additional amount for ‘‘National Guard Per13 sonnel, Air Force’’, $5,460,000: Provided, That such 

14 amount is designated by the Congress for Overseas Con15 tingency Operations/Global War on Terrorism pursuant to 

16 section 251(b)(2)(A)(ii) of the Balanced Budget and 

17 Emergency Deficit Control Act of 1985. 

18 OPERATION AND MAINTENANCE 

19 OPERATION AND MAINTENANCE, ARMY

20 For an additional amount for ‘‘Operation and Main21 tenance, Army’’, $19,028,500,000: Provided, That such 

22 amount is designated by the Congress for Overseas Con23 tingency Operations/Global War on Terrorism pursuant to 

24 section 251(b)(2)(A)(ii) of the Balanced Budget and 

25 Emergency Deficit Control Act of 1985. 
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1 OPERATION AND MAINTENANCE, NAVY

2 For an additional amount for ‘‘Operation and Main3 tenance, Navy’’, $5,572,155,000: Provided, That such 

4 amount is designated by the Congress for Overseas Con5 tingency Operations/Global War on Terrorism pursuant to 

6 section 251(b)(2)(A)(ii) of the Balanced Budget and 

7 Emergency Deficit Control Act of 1985. 

8 OPERATION AND MAINTENANCE, MARINE CORPS

9 For an additional amount for ‘‘Operation and Main10 tenance, Marine Corps’’, $1,475,800,000: Provided, That 

11 such amount is designated by the Congress for Overseas 

12 Contingency Operations/Global War on Terrorism pursu13 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

14 and Emergency Deficit Control Act of 1985. 

15 OPERATION AND MAINTENANCE, AIR FORCE

16 For an additional amount for ‘‘Operation and Main17 tenance, Air Force’’, $10,055,789,000: Provided, That 

18 such amount is designated by the Congress for Overseas 

19 Contingency Operations/Global War on Terrorism pursu20 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

21 and Emergency Deficit Control Act of 1985. 

22 OPERATION AND MAINTENANCE, DEFENSE-WIDE

23 For an additional amount for ‘‘Operation and Main24 tenance, Defense-Wide’’, $8,354,905,000: Provided, That 

25 of the funds provided under this heading, not to exceed 
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1 $900,000,000, to remain available until September 30, 

2 2020, shall be for payments to reimburse key cooperating 

3 nations for logistical, military, and other support, includ4 ing access, provided to United States military and stability 

5 operations in Afghanistan and to counter the Islamic 

6 State of Iraq and Syria: Provided further, That such reim7 bursement payments may be made in such amounts as the 

8 Secretary of Defense, with the concurrence of the Sec9 retary of State, and in consultation with the Director of 

10 the Office of Management and Budget, may determine, 

11 based on documentation determined by the Secretary of 

12 Defense to adequately account for the support provided, 

13 and such determination is final and conclusive upon the 

14 accounting officers of the United States, and 15 days fol15 lowing notification to the appropriate congressional com16 mittees: Provided further, That these funds may be used 

17 for the purpose of providing specialized training and pro18 curing supplies and specialized equipment and providing 

19 such supplies and loaning such equipment on a non-reim20 bursable basis to coalition forces supporting United States 

21 military and stability operations in Afghanistan and to 

22 counter the Islamic State of Iraq and Syria, and 15 days 

23 following notification to the appropriate congressional 

24 committees: Provided further, That these funds may be 

25 used in accordance with section 1226 of the National De-
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1 fense Authorization Act for Fiscal Year 2016 (Public Law 

2 114–92), upon 15 days prior written notification to the 

3 congressional defense committees outlining the amounts 

4 intended to be provided and the nature of the expenses 

5 incurred: Provided further, That of the funds provided 

6 under this heading, not to exceed $793,000,000, to remain 

7 available until September 30, 2020, shall be available to 

8 provide support and assistance to foreign security forces 

9 or other groups or individuals to conduct, support or facili10 tate counterterrorism, crisis response, or other Depart11 ment of Defense security cooperation programs: Provided 

12 further, That the Secretary of Defense shall provide quar13 terly reports to the congressional defense committees on 

14 the use of funds provided in this paragraph: Provided fur15 ther, That such amount is designated by the Congress for 

16 Overseas Contingency Operations/Global War on Ter17 rorism pursuant to section 251(b)(2)(A)(ii) of the Bal18 anced Budget and Emergency Deficit Control Act of 1985. 

19 OPERATION AND MAINTENANCE, ARMY RESERVE

20 For an additional amount for ‘‘Operation and Main21 tenance, Army Reserve’’, $41,887,000: Provided, That 

22 such amount is designated by the Congress for Overseas 

23 Contingency Operations/Global War on Terrorism pursu24 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

25 and Emergency Deficit Control Act of 1985. 
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1 OPERATION AND MAINTENANCE, NAVY RESERVE

2 For an additional amount for ‘‘Operation and Main3 tenance, Navy Reserve’’, $25,637,000: Provided, That 

4 such amount is designated by the Congress for Overseas 

5 Contingency Operations/Global War on Terrorism pursu6 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

7 and Emergency Deficit Control Act of 1985. 

8 OPERATION AND MAINTENANCE, MARINE CORPS

9 RESERVE

10 For an additional amount for ‘‘Operation and Main11 tenance, Marine Corps Reserve’’, $3,345,000: Provided, 

12 That such amount is designated by the Congress for Over13 seas Contingency Operations/Global War on Terrorism 

14 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

15 Budget and Emergency Deficit Control Act of 1985. 

16 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

17 For an additional amount for ‘‘Operation and Main18 tenance, Air Force Reserve’’, $60,500,000: Provided, That 

19 such amount is designated by the Congress for Overseas 

20 Contingency Operations/Global War on Terrorism pursu21 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

22 and Emergency Deficit Control Act of 1985. 
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1 OPERATION AND MAINTENANCE, ARMY NATIONAL

2 GUARD

3 For an additional amount for ‘‘Operation and Main4 tenance, Army National Guard’’, $110,729,000: Provided, 

5 That such amount is designated by the Congress for Over6 seas Contingency Operations/Global War on Terrorism 

7 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

8 Budget and Emergency Deficit Control Act of 1985. 

9 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

10 For an additional amount for ‘‘Operation and Main11 tenance, Air National Guard’’, $15,870,000: Provided, 

12 That such amount is designated by the Congress for Over13 seas Contingency Operations/Global War on Terrorism 

14 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

15 Budget and Emergency Deficit Control Act of 1985. 

16 AFGHANISTAN SECURITY FORCES FUND

17 For the ‘‘Afghanistan Security Forces Fund’’, 

18 $4,666,815,000, to remain available until September 30, 

19 2020: Provided, That such funds shall be available to the 

20 Secretary of Defense for the purpose of allowing the Com21 mander, Combined Security Transition Command—Af22 ghanistan, or the Secretary’s designee, to provide assist23 ance, with the concurrence of the Secretary of State, to 

24 the security forces of Afghanistan, including the provision 

25 of equipment, supplies, services, training, facility and in-
122 

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1 frastructure repair, renovation, construction, and funding: 

2 Provided further, That the Secretary of Defense may obli3 gate and expend funds made available to the Department 

4 of Defense in this title for additional costs associated with 

5 existing projects previously funded with amounts provided 

6 under the heading ‘‘Afghanistan Infrastructure Fund’’ in 

7 prior Acts: Provided further, That such costs shall be lim8 ited to contract changes resulting from inflation, market 

9 fluctuation, rate adjustments, and other necessary con10 tract actions to complete existing projects, and associated 

11 supervision and administration costs and costs for design 

12 during construction: Provided further, That the Secretary 

13 may not use more than $50,000,000 under the authority 

14 provided in this section: Provided further, That the Sec15 retary shall notify in advance such contract changes and 

16 adjustments in annual reports to the congressional defense 

17 committees: Provided further, That the authority to pro18 vide assistance under this heading is in addition to any 

19 other authority to provide assistance to foreign nations: 

20 Provided further, That contributions of funds for the pur21 poses provided herein from any person, foreign govern22 ment, or international organization may be credited to this 

23 Fund, to remain available until expended, and used for 

24 such purposes: Provided further, That the Secretary of De25 fense shall notify the congressional defense committees in 
123 

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1 writing upon the receipt and upon the obligation of any 

2 contribution, delineating the sources and amounts of the 

3 funds received and the specific use of such contributions: 

4 Provided further, That the Secretary of Defense shall, not 

5 fewer than 15 days prior to obligating from this appro6 priation account, notify the congressional defense commit7 tees in writing of the details of any such obligation: Pro8 vided further, That the Secretary of Defense shall notify 

9 the congressional defense committees of any proposed new 

10 projects or transfer of funds between budget sub-activity 

11 groups in excess of $20,000,000: Provided further, That 

12 the United States may accept equipment procured using 

13 funds provided under this heading in this or prior Acts 

14 that was transferred to the security forces of Afghanistan 

15 and returned by such forces to the United States: Provided 

16 further, That equipment procured using funds provided 

17 under this heading in this or prior Acts, and not yet trans18 ferred to the security forces of Afghanistan or transferred 

19 to the security forces of Afghanistan and returned by such 

20 forces to the United States, may be treated as stocks of 

21 the Department of Defense upon written notification to 

22 the congressional defense committees: Provided further, 

23 That of the funds provided under this heading, not less 

24 than $10,000,000 shall be for recruitment and retention 

25 of women in the Afghanistan National Security Forces, 
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1 and the recruitment and training of female security per2 sonnel: Provided further, That such amount is designated 

3 by the Congress for Overseas Contingency Operations/ 

4 Global War on Terrorism pursuant to section 

5 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

6 Deficit Control Act of 1985. 

7 COUNTER-ISIS TRAIN AND EQUIP FUND

8 For the ‘‘Counter-Islamic State of Iraq and Syria 

9 Train and Equip Fund’’, $994,000,000, to remain avail10 able until September 30, 2020: Provided, That such funds 

11 shall be available to the Secretary of Defense in coordina12 tion with the Secretary of State, to provide assistance, in13 cluding training; equipment; logistics support, supplies, 

14 and services; stipends; infrastructure repair and renova15 tion; and sustainment, to foreign security forces, irregular 

16 forces, groups, or individuals participating, or preparing 

17 to participate in activities to counter the Islamic State of 

18 Iraq and Syria, and their affiliated or associated groups: 

19 Provided further, That amounts made available under this 

20 heading shall be available to provide assistance only for 

21 activities in a country designated by the Secretary of De22 fense, in coordination with the Secretary of State, as hav23 ing a security mission to counter the Islamic State of Iraq 

24 and Syria, and following written notification to the con25 gressional defense committees of such designation: Pro-
125 

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1 vided further, That the Secretary of Defense shall ensure 

2 that prior to providing assistance to elements of any forces 

3 or individuals, such elements or individuals are appro4 priately vetted, including at a minimum, assessing such 

5 elements for associations with terrorist groups or groups 

6 associated with the Government of Iran; and receiving 

7 commitments from such elements to promote respect for 

8 human rights and the rule of law: Provided further, That 

9 the Secretary of Defense shall, not fewer than 15 days 

10 prior to obligating from this appropriation account, notify 

11 the congressional defense committees in writing of the de12 tails of any such obligation: Provided further, That the 

13 Secretary of Defense may accept and retain contributions, 

14 including assistance in-kind, from foreign governments, 

15 including the Government of Iraq and other entities, to 

16 carry out assistance authorized under this heading: Pro17 vided further, That contributions of funds for the purposes 

18 provided herein from any foreign government or other en19 tity may be credited to this Fund, to remain available until 

20 expended, and used for such purposes: Provided further, 

21 That the Secretary of Defense may waive a provision of 

22 law relating to the acquisition of items and support serv23 ices or sections 40 and 40A of the Arms Export Control 

24 Act (22 U.S.C. 2780 and 2785) if the Secretary deter25 mines that such provision of law would prohibit, restrict, 
126 

•S 3159 PCS

1 delay or otherwise limit the provision of such assistance 

2 and a notice of and justification for such waiver is sub3 mitted to the congressional defense committees, the Com4 mittees on Appropriations and Foreign Relations of the 

5 Senate and the Committees on Appropriations and For6 eign Affairs of the House of Representatives: Provided fur7 ther, That the United States may accept equipment pro8 cured using funds provided under this heading, or under 

9 the heading, ‘‘Iraq Train and Equip Fund’’ in prior Acts, 

10 that was transferred to security forces, irregular forces, 

11 or groups participating, or preparing to participate in ac12 tivities to counter the Islamic State of Iraq and Syria and 

13 returned by such forces or groups to the United States, 

14 may be treated as stocks of the Department of Defense 

15 upon written notification to the congressional defense 

16 committees: Provided further, That equipment procured 

17 using funds provided under this heading, or under the 

18 heading, ‘‘Iraq Train and Equip Fund’’ in prior Acts, and 

19 not yet transferred to security forces, irregular forces, or 

20 groups participating, or preparing to participate in activi21 ties to counter the Islamic State of Iraq and Syria may 

22 be treated as stocks of the Department of Defense when 

23 determined by the Secretary to no longer be required for 

24 transfer to such forces or groups and upon written notifi25 cation to the congressional defense committees: Provided 
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•S 3159 PCS

1 further, That the Secretary of Defense shall provide quar2 terly reports to the congressional defense committees on 

3 the use of funds provided under this heading, including, 

4 but not limited to, the number of individuals trained, the 

5 nature and scope of support and sustainment provided to 

6 each group or individual, the area of operations for each 

7 group, and the contributions of other countries, groups, 

8 or individuals: Provided further, That such amount is des9 ignated by the Congress for Overseas Contingency Oper10 ations/Global War on Terrorism pursuant to section 

11 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

12 Deficit Control Act of 1985. 

13 PROCUREMENT 

14 AIRCRAFT PROCUREMENT, ARMY

15 For an additional amount for ‘‘Aircraft Procurement, 

16 Army’’, $363,363,000, to remain available until Sep17 tember 30, 2021: Provided, That such amount is des18 ignated by the Congress for Overseas Contingency Oper19 ations/Global War on Terrorism pursuant to section 

20 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

21 Deficit Control Act of 1985. 

22 MISSILE PROCUREMENT, ARMY

23 For an additional amount for ‘‘Missile Procurement, 

24 Army’’, $1,740,985,000, to remain available until Sep25 tember 30, 2021: Provided, That such amount is des-
128 

•S 3159 PCS

1 ignated by the Congress for Overseas Contingency Oper2 ations/Global War on Terrorism pursuant to section 

3 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

4 Deficit Control Act of 1985. 

5 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

6 VEHICLES, ARMY

7 For an additional amount for ‘‘Procurement of Weap8 ons and Tracked Combat Vehicles, Army’’, 

9 $1,107,183,000, to remain available until September 30, 

10 2021: Provided, That such amount is designated by the 

11 Congress for Overseas Contingency Operations/Global 

12 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

13 the Balanced Budget and Emergency Deficit Control Act 

14 of 1985. 

15 PROCUREMENT OF AMMUNITION, ARMY

16 For an additional amount for ‘‘Procurement of Am17 munition, Army’’, $299,075,000, to remain available until 

18 September 30, 2021: Provided, That such amount is des19 ignated by the Congress for Overseas Contingency Oper20 ations/Global War on Terrorism pursuant to section 

21 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

22 Deficit Control Act of 1985. 

23 OTHER PROCUREMENT, ARMY

24 For an additional amount for ‘‘Other Procurement, 

25 Army’’, $1,372,487,000, to remain available until Sep-
129 

•S 3159 PCS

1 tember 30, 2021: Provided, That such amount is des2 ignated by the Congress for Overseas Contingency Oper3 ations/Global War on Terrorism pursuant to section 

4 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

5 Deficit Control Act of 1985. 

6 AIRCRAFT PROCUREMENT, NAVY

7 For an additional amount for ‘‘Aircraft Procurement, 

8 Navy’’, $80,119,000, to remain available until September 

9 30, 2021: Provided, That such amount is designated by 

10 the Congress for Overseas Contingency Operations/Global 

11 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

12 the Balanced Budget and Emergency Deficit Control Act 

13 of 1985. 

14 WEAPONS PROCUREMENT, NAVY

15 For an additional amount for ‘‘Weapons Procure16 ment, Navy’’, $14,134,000, to remain available until Sep17 tember 30, 2021: Provided, That such amount is des18 ignated by the Congress for Overseas Contingency Oper19 ations/Global War on Terrorism pursuant to section 

20 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

21 Deficit Control Act of 1985. 

22 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

23 CORPS

24 For an additional amount for ‘‘Procurement of Am25 munition, Navy and Marine Corps’’, $223,312,000, to re-
130 

•S 3159 PCS

1 main available until September 30, 2021: Provided, That 

2 such amount is designated by the Congress for Overseas 

3 Contingency Operations/Global War on Terrorism pursu4 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

5 and Emergency Deficit Control Act of 1985. 

6 OTHER PROCUREMENT, NAVY

7 For an additional amount for ‘‘Other Procurement, 

8 Navy’’, $181,173,000, to remain available until September 

9 30, 2021: Provided, That such amount is designated by 

10 the Congress for Overseas Contingency Operations/Global 

11 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

12 the Balanced Budget and Emergency Deficit Control Act 

13 of 1985. 

14 PROCUREMENT, MARINE CORPS

15 For an additional amount for ‘‘Procurement, Marine 

16 Corps’’, $58,023,000, to remain available until September 

17 30, 2021: Provided, That such amount is designated by 

18 the Congress for Overseas Contingency Operations/Global 

19 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

20 the Balanced Budget and Emergency Deficit Control Act 

21 of 1985. 

22 AIRCRAFT PROCUREMENT, AIR FORCE

23 For an additional amount for ‘‘Aircraft Procurement, 

24 Air Force’’, $1,007,888,000, to remain available until 

25 September 30, 2021: Provided, That such amount is des-
131 

•S 3159 PCS

1 ignated by the Congress for Overseas Contingency Oper2 ations/Global War on Terrorism pursuant to section 

3 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

4 Deficit Control Act of 1985. 

5 MISSILE PROCUREMENT, AIR FORCE

6 For an additional amount for ‘‘Missile Procurement, 

7 Air Force’’, $493,526,000, to remain available until Sep8 tember 30, 2021: Provided, That such amount is des9 ignated by the Congress for Overseas Contingency Oper10 ations/Global War on Terrorism pursuant to section 

11 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

12 Deficit Control Act of 1985. 

13 PROCUREMENT OF AMMUNITION, AIR FORCE

14 For an additional amount for ‘‘Procurement of Am15 munition, Air Force’’, $1,371,516,000, to remain available 

16 until September 30, 2021: Provided, That such amount 

17 is designated by the Congress for Overseas Contingency 

18 Operations/Global War on Terrorism pursuant to section 

19 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

20 Deficit Control Act of 1985. 

21 OTHER PROCUREMENT, AIR FORCE

22 For an additional amount for ‘‘Other Procurement, 

23 Air Force’’, $3,705,044,000, to remain available until 

24 September 30, 2021: Provided, That such amount is des25 ignated by the Congress for Overseas Contingency Oper-
132 

•S 3159 PCS

1 ations/Global War on Terrorism pursuant to section 

2 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

3 Deficit Control Act of 1985. 

4 PROCUREMENT, DEFENSE-WIDE

5 For an additional amount for ‘‘Procurement, De6 fense-Wide’’, $557,135,000, to remain available until Sep7 tember 30, 2021: Provided, That such amount is des8 ignated by the Congress for Overseas Contingency Oper9 ations/Global War on Terrorism pursuant to section 

10 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

11 Deficit Control Act of 1985. 

12 RESEARCH, DEVELOPMENT, TEST AND 

13 EVALUATION 

14 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

15 ARMY

16 For an additional amount for ‘‘Research, Develop17 ment, Test and Evaluation, Army’’, $325,104,000, to re18 main available until September 30, 2020: Provided, That 

19 such amount is designated by the Congress for Overseas 

20 Contingency Operations/Global War on Terrorism pursu21 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

22 and Emergency Deficit Control Act of 1985. 
133 

•S 3159 PCS

1 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

2 NAVY

3 For an additional amount for ‘‘Research, Develop4 ment, Test and Evaluation, Navy’’, $167,812,000, to re5 main available until September 30, 2020: Provided, That 

6 such amount is designated by the Congress for Overseas 

7 Contingency Operations/Global War on Terrorism pursu8 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

9 and Emergency Deficit Control Act of 1985. 

10 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

11 AIR FORCE

12 For an additional amount for ‘‘Research, Develop13 ment, Test and Evaluation, Air Force’’, $287,971,000, to 

14 remain available until September 30, 2020: Provided, 

15 That such amount is designated by the Congress for Over16 seas Contingency Operations/Global War on Terrorism 

17 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

18 Budget and Emergency Deficit Control Act of 1985. 

19 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

20 DEFENSE-WIDE

21 For an additional amount for ‘‘Research, Develop22 ment, Test and Evaluation, Defense-Wide’’, 

23 $394,883,000, to remain available until September 30, 

24 2020: Provided, That such amount is designated by the 

25 Congress for Overseas Contingency Operations/Global 
134 

•S 3159 PCS

1 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

2 the Balanced Budget and Emergency Deficit Control Act 

3 of 1985. 

4 REVOLVING AND MANAGEMENT FUNDS 

5 DEFENSE WORKING CAPITAL FUNDS

6 For an additional amount for ‘‘Defense Working 

7 Capital Funds’’, $15,190,000: Provided, That such 

8 amount is designated by the Congress for Overseas Con9 tingency Operations/Global War on Terrorism pursuant to 

10 section 251(b)(2)(A)(ii) of the Balanced Budget and 

11 Emergency Deficit Control Act of 1985. 

12 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

13 DEFENSE HEALTH PROGRAM

14 For an additional amount for ‘‘Defense Health Pro15 gram’’, $352,068,000, which shall be for operation and 

16 maintenance: Provided, That such amount is designated 

17 by the Congress for Overseas Contingency Operations/ 

18 Global War on Terrorism pursuant to section 

19 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

20 Deficit Control Act of 1985. 

21 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

22 DEFENSE

23 For an additional amount for ‘‘Drug Interdiction and 

24 Counter-Drug Activities, Defense’’, $143,100,000: Pro25 vided, That such amount is designated by the Congress 
135 

•S 3159 PCS

1 for Overseas Contingency Operations/Global War on Ter2 rorism pursuant to section 251(b)(2)(A)(ii) of the Bal3 anced Budget and Emergency Deficit Control Act of 1985. 

4 OFFICE OF THE INSPECTOR GENERAL

5 For an additional amount for the ‘‘Office of the In6 spector General’’, $24,692,000: Provided, That such 

7 amount is designated by the Congress for Overseas Con8 tingency Operations/Global War on Terrorism pursuant to 

9 section 251(b)(2)(A)(ii) of the Balanced Budget and 

10 Emergency Deficit Control Act of 1985. 

11 GENERAL PROVISIONS—THIS TITLE 

12 SEC. 9001. Notwithstanding any other provision of 

13 law, funds made available in this title are in addition to 

14 amounts appropriated or otherwise made available for the 

15 Department of Defense for fiscal year 2019. 

16 (INCLUDING TRANSFER OF FUNDS)

17 SEC. 9002. Upon the determination of the Secretary 

18 of Defense that such action is necessary in the national 

19 interest, the Secretary may, with the approval of the Of20 fice of Management and Budget, transfer up to 

21 $2,000,000,000 between the appropriations or funds made 

22 available to the Department of Defense in this title: Pro23 vided, That the Secretary shall notify the Congress 

24 promptly of each transfer made pursuant to the authority 

25 in this section: Provided further, That the authority pro-
136 

•S 3159 PCS

1 vided in this section is in addition to any other transfer 

2 authority available to the Department of Defense and is 

3 subject to the same terms and conditions as the authority 

4 provided in section 8005 of this Act. 

5 SEC. 9003. Supervision and administration costs and 

6 costs for design during construction associated with a con7 struction project funded with appropriations available for 

8 operation and maintenance or the ‘‘Afghanistan Security 

9 Forces Fund’’ provided in this Act and executed in direct 

10 support of overseas contingency operations in Afghani11 stan, may be obligated at the time a construction contract 

12 is awarded: Provided, That, for the purpose of this section, 

13 supervision and administration costs and costs for design 

14 during construction include all in-house Government costs. 

15 SEC. 9004. From funds made available in this title, 

16 the Secretary of Defense may purchase for use by military 

17 and civilian employees of the Department of Defense in 

18 the United States Central Command area of responsi19 bility: (1) passenger motor vehicles up to a limit of 

20 $75,000 per vehicle; and (2) heavy and light armored vehi21 cles for the physical security of personnel or for force pro22 tection purposes up to a limit of $450,000 per vehicle, not23 withstanding price or other limitations applicable to the 

24 purchase of passenger carrying vehicles. 
137 

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1 SEC. 9005. Not to exceed $5,000,000 of the amounts 

2 appropriated by this title under the heading ‘‘Operation 

3 and Maintenance, Army’’ may be used, notwithstanding 

4 any other provision of law, to fund the Commanders’ 

5 Emergency Response Program (CERP), for the purpose 

6 of enabling military commanders in Afghanistan to re7 spond to urgent, small-scale, humanitarian relief and re8 construction requirements within their areas of responsi9 bility: Provided, That each project (including any ancillary 

10 or related elements in connection with such project) exe11 cuted under this authority shall not exceed $2,000,000: 

12 Provided further, That not later than 45 days after the 

13 end of each 6 months of the fiscal year, the Secretary of 

14 Defense shall submit to the congressional defense commit15 tees a report regarding the source of funds and the alloca16 tion and use of funds during that 6-month period that 

17 were made available pursuant to the authority provided 

18 in this section or under any other provision of law for the 

19 purposes described herein: Provided further, That, not 

20 later than 30 days after the end of each fiscal year quar21 ter, the Army shall submit to the congressional defense 

22 committees quarterly commitment, obligation, and expend23 iture data for the CERP in Afghanistan: Provided further, 

24 That, not less than 15 days before making funds available 

25 pursuant to the authority provided in this section or under 
138 

•S 3159 PCS

1 any other provision of law for the purposes described here2 in for a project with a total anticipated cost for completion 

3 of $500,000 or more, the Secretary shall submit to the 

4 congressional defense committees a written notice con5 taining each of the following: 

6 (1) The location, nature and purpose of the 

7 proposed project, including how the project is in8 tended to advance the military campaign plan for 

9 the country in which it is to be carried out. 

10 (2) The budget, implementation timeline with 

11 milestones, and completion date for the proposed 

12 project, including any other CERP funding that has 

13 been or is anticipated to be contributed to the com14 pletion of the project. 

15 (3) A plan for the sustainment of the proposed 

16 project, including the agreement with either the host 

17 nation, a non-Department of Defense agency of the 

18 United States Government or a third-party contrib19 utor to finance the sustainment of the activities and 

20 maintenance of any equipment or facilities to be pro21 vided through the proposed project. 

22 SEC. 9006. Funds available to the Department of De23 fense for operation and maintenance may be used, not24 withstanding any other provision of law, to provide sup25 plies, services, transportation, including airlift and sealift, 
139 

•S 3159 PCS

1 and other logistical support to allied forces participating 

2 in a combined operation with the armed forces of the 

3 United States and coalition forces supporting military and 

4 stability operations in Afghanistan and to counter the Is5 lamic State of Iraq and Syria: Provided, That the Sec6 retary of Defense shall provide quarterly reports to the 

7 congressional defense committees regarding support pro8 vided under this section. 

9 SEC. 9007. None of the funds appropriated or other10 wise made available by this or any other Act shall be obli11 gated or expended by the United States Government for 

12 a purpose as follows: 

13 (1) To establish any military installation or 

14 base for the purpose of providing for the permanent 

15 stationing of United States Armed Forces in Iraq. 

16 (2) To exercise United States control over any 

17 oil resource of Iraq. 

18 (3) To establish any military installation or 

19 base for the purpose of providing for the permanent 

20 stationing of United States Armed Forces in Af21 ghanistan. 

22 SEC. 9008. None of the funds made available in this 

23 Act may be used in contravention of the following laws 

24 enacted or regulations promulgated to implement the 

25 United Nations Convention Against Torture and Other 
140 

•S 3159 PCS

1 Cruel, Inhuman or Degrading Treatment or Punishment 

2 (done at New York on December 10, 1984): 

3 (1) Section 2340A of title 18, United States 

4 Code. 

5 (2) Section 2242 of the Foreign Affairs Reform 

6 and Restructuring Act of 1998 (division G of Public 

7 Law 105–277; 112 Stat. 2681–822; 8 U.S.C. 1231 

8 note) and regulations prescribed thereto, including 

9 regulations under part 208 of title 8, Code of Fed10 eral Regulations, and part 95 of title 22, Code of 

11 Federal Regulations. 

12 (3) Sections 1002 and 1003 of the Department 

13 of Defense, Emergency Supplemental Appropriations 

14 to Address Hurricanes in the Gulf of Mexico, and 

15 Pandemic Influenza Act, 2006 (Public Law 109– 

16 148). 

17 SEC. 9009. None of the funds provided for the ‘‘Af18 ghanistan Security Forces Fund’’ (ASFF) may be obli19 gated prior to the approval of a financial and activity plan 

20 by the Afghanistan Resources Oversight Council (AROC) 

21 of the Department of Defense: Provided, That the AROC 

22 must approve the requirement and acquisition plan for any 

23 service requirements in excess of $50,000,000 annually 

24 and any non-standard equipment requirements in excess 

25 of $100,000,000 using ASFF: Provided further, That the 
141 

•S 3159 PCS

1 Department of Defense must certify to the congressional 

2 defense committees that the AROC has convened and ap3 proved a process for ensuring compliance with the require4 ments in the preceding proviso and accompanying report 

5 language for the ASFF. 

6 SEC. 9010. Funds made available in this title to the 

7 Department of Defense for operation and maintenance 

8 may be used to purchase items having an investment unit 

9 cost of not more than $250,000: Provided, That, upon de10 termination by the Secretary of Defense that such action 

11 is necessary to meet the operational requirements of a 

12 Commander of a Combatant Command engaged in contin13 gency operations overseas, such funds may be used to pur14 chase items having an investment item unit cost of not 

15 more than $500,000. 

16 SEC. 9011. (a) None of the funds appropriated or 

17 otherwise made available by this Act under the heading 

18 ‘‘Operation and Maintenance, Defense-Wide’’ for pay19 ments under section 1233 of Public Law 110–181 for re20 imbursement to the Government of Pakistan may be made 

21 available unless the Secretary of Defense, in coordination 

22 with the Secretary of State, certifies to the congressional 

23 defense committees that the Government of Pakistan is— 

24 (1) cooperating with the United States in 

25 counterterrorism efforts against the Haqqani Net-
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•S 3159 PCS

1 work, the Quetta Shura Taliban, Lashkar e-Tayyiba, 

2 Jaish-e-Mohammed, Al Qaeda, and other domestic 

3 and foreign terrorist organizations, including taking 

4 steps to end support for such groups and prevent 

5 them from basing and operating in Pakistan and 

6 carrying out cross border attacks into neighboring 

7 countries; 

8 (2) not supporting terrorist activities against 

9 United States or coalition forces in Afghanistan, and 

10 Pakistan’s military and intelligence agencies are not 

11 intervening extra-judicially into political and judicial 

12 processes in Pakistan; 

13 (3) dismantling improvised explosive device 

14 (IED) networks and interdicting precursor chemicals 

15 used in the manufacture of IEDs; 

16 (4) preventing the proliferation of nuclear-re17 lated material and expertise; 

18 (5) implementing policies to protect judicial 

19 independence and due process of law; 

20 (6) issuing visas in a timely manner for United 

21 States visitors engaged in counterterrorism efforts 

22 and assistance programs in Pakistan; and 

23 (7) providing humanitarian organizations access 

24 to detainees, internally displaced persons, and other 

25 Pakistani civilians affected by the conflict. 
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1 (b) The Secretary of Defense, in coordination with 

2 the Secretary of State, may waive the restriction in sub3 section (a) on a case-by-case basis by certifying in writing 

4 to the congressional defense committees that it is in the 

5 national security interest to do so: Provided, That if the 

6 Secretary of Defense, in coordination with the Secretary 

7 of State, exercises such waiver authority, the Secretaries 

8 shall report to the congressional defense committees on 

9 both the justification for the waiver and on the require10 ments of this section that the Government of Pakistan was 

11 not able to meet: Provided further, That such report may 

12 be submitted in classified form if necessary. 

13 SEC. 9012. None of the funds in this Act may be 

14 made available for the transfer of additional C–130 cargo 

15 aircraft to the Afghanistan National Security Forces or 

16 the Afghanistan Air Force until the Department of De17 fense provides a report to the congressional defense com18 mittees of the Afghanistan Air Force’s medium airlift re19 quirements. The report should identify Afghanistan’s abil20 ity to utilize and maintain existing medium lift aircraft 

21 in the inventory and the best alternative platform, if nec22 essary, to provide additional support to the Afghanistan 

23 Air Force’s current medium airlift capacity. 
144 

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1 (RESCISSIONS)

2 SEC. 9013. Of the funds appropriated in Department 

3 of Defense Appropriations Acts, the following funds are 

4 hereby rescinded from the following accounts and pro5 grams in the specified amounts: Provided, That such 

6 amounts are designated by the Congress for Overseas 

7 Contingency Operations/Global War on Terrorism pursu8 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

9 and Emergency Deficit Control Act of 1985: 

10 ‘‘Operation and Maintenance, Defense-Wide: 

11 Coalition Support Funds’’, 2018/2019, 

12 $800,000,000; 

13 ‘‘Operation and Maintenance, Defense-Wide: 

14 DSCA Security Cooperation’’, 2018/2019, 

15 $150,000,000; 

16 ‘‘Counter-ISIS Train and Equip Fund’’, 2018/ 

17 2019, $400,000,000; and 

18 ‘‘Aircraft Procurement, Air Force’’, 2018/2020, 

19 $88,400,000. 

20 SEC. 9014. Funds available for the Afghanistan Se21 curity Forces Fund may be used to provide limited train22 ing, equipment, and other assistance that would otherwise 

23 be prohibited by 10 U.S.C. 362 to a unit of the security 

24 forces of Afghanistan only if the Secretary certifies to the 

25 congressional defense committees, within 30 days of a de-
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1 cision to provide such assistance, that (1) a denial of such 

2 assistance would present significant risk to U.S. or coali3 tion forces or significantly undermine United States na4 tional security objectives in Afghanistan; and (2) the Sec5 retary has sought a commitment by the Government of 

6 Afghanistan to take all necessary corrective steps: Pro7 vided, That such certification shall be accompanied by a 

8 report describing: (1) the information relating to the gross 

9 violation of human rights; (2) the circumstances that ne10 cessitated the provision of such assistance; (3) the Afghan 

11 security force unit involved; (4) the assistance provided 

12 and the assistance withheld; and (5) the corrective steps 

13 to be taken by the Government of Afghanistan: Provided 

14 further, That every 120 days after the initial report an 

15 additional report shall be submitted detailing the status 

16 of any corrective steps taken by the Government of Af17 ghanistan: Provided further, That if the Government of Af18 ghanistan has not initiated necessary corrective steps 

19 within one year of the certification, the authority under 

20 this section to provide assistance to such unit shall no 

21 longer apply: Provided further, That the Secretary shall 

22 submit a report to such committees detailing the final dis23 position of the case by the Government of Afghanistan. 

24 SEC. 9015. Equipment procured using funds provided 

25 in prior Acts under the heading ‘‘Counterterrorism Part-
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1 nerships Fund’’ for the program authorized by section 

2 1209 of the Carl Levin and Howard P. ‘‘Buck’’ McKeon 

3 National Defense Authorization Act for Fiscal Year 2015 

4 (Public Law 113–291), and not yet transferred to author5 ized recipients may be transferred to foreign security 

6 forces, irregular forces, groups, or individuals, authorized 

7 to receive assistance using amounts provided under the 

8 heading ‘‘Counter-ISIS Train and Equip Fund’’ in this 

9 Act: Provided, That such equipment may be transferred 

10 15 days following written notification to the congressional 

11 defense committees. 

12 SEC. 9016. Each amount designated in this Act by 

13 the Congress for Overseas Contingency Operations/Global 

14 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

15 the Balanced Budget and Emergency Deficit Control Act 

16 of 1985 shall be available (or rescinded, if applicable) only 

17 if the President subsequently so designates all such 

18 amounts and transmits such designations to the Congress. 

19 This Act may be cited as the ‘‘Department of Defense 

20 Appropriations Act, 2019’’. 

Calendar No. 498 

115TH CONGRESS 

2D SESSION S. 3159 

[Report No. 115–290] 

A BILL 

Making appropriations for the Department of De2019, and for other purposes. fense for the fiscal year ending September 30, 

JUNE 28, 2018 

Read twice and placed on the calendar