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Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 116 CONGRESS, FIRST SESSION

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Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 116 CONGRESS, FIRST SESSION E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 116 CONGRESS, FIRST SESSION Vol. 165 WASHINGTON, TUESDAY, DECEMBER 17, 2019 No. 204—Book II House of Representatives EXPLANATORY STATEMENT SUB- cal year 2020. Unless otherwise noted, ref- the report accompanying the House version MITTED BY MRS. LOWEY, CHAIR- erences to the House and Senate reports are of the Department of Defense Appropriations WOMAN OF THE HOUSE COM- to House Report 116–84 and Senate Report bill for Fiscal Year 2008 (House Report 110– MITTEE ON APPROPRIATIONS 116–103, respectively. The language contained 279). The dollar threshold for reprogramming in the House and Senate reports warrant full funds shall be $10,000,000 for military per- REGARDING H.R. 1158, CONSOLI- compliance and carry the same weight as sonnel; operation and maintenance; procure- DATED APPROPRIATIONS ACT, language included in this explanatory state- ment; and research, development, test and 2020 ment unless specifically addressed to the evaluation. The following is an explanation of the Con- contrary in the bill or this explanatory Also, the Under Secretary of Defense solidated Appropriations Act, 2020. statement. While repeating some language (Comptroller) is directed to continue to pro- This Act includes 4 regular appropriations from the House or Senate reports for empha- vide the congressional defense committees bills for fiscal year 2020. The divisions con- sis, this explanatory statement does not in- annual DD Form 1416 reports for titles I and tained in the Act are as follows: tend to negate the language referred to II and quarterly, spreadsheet-based DD Form ∑ Division A—Department of Defense Ap- above unless expressly provided herein. 1416 reports for Service and defense-wide ac- propriations Act, 2020 DEFINITION OF PROGRAM, PROJECT, AND counts in titles III and IV of this Act. Re- ∑ Division B—Commerce, Justice, Science, ACTIVITY ports for titles III and IV shall comply with and Related Agencies Appropriations Act, For the purposes of the Balanced Budget guidance specified in the explanatory state- 2020 and Emergency Deficit Control Act of 1985 ment accompanying the Department of De- ∑ Division C—Financial Services and Gen- (Public Law 99–177), as amended by the Bal- fense Appropriations Act, 2006. The Depart- eral Government Appropriations Act, 2020 anced Budget and Emergency Deficit Control ment shall continue to follow the limitation ∑ Division D—Department of Homeland Se- Reaffirmation Act of 1987 (Public Law 100– that prior approval reprogrammings are set curity Appropriations Act, 2020 119), and by the Budget Enforcement Act of at either the specified dollar threshold or 20 Section 1 of the Act is the short title of the 1990 (Public Law 101–508), the terms ‘‘pro- percent of the procurement or research, de- bill. gram, project, and activity’’ for appropria- velopment, test and evaluation line, which- Section 2 of the Act displays a table of con- tions contained in this Act shall be defined ever is less. These thresholds are cumulative tents. as the most specific level of budget items from the base for reprogramming value as Section 3 of the Act states that, unless ex- identified in the Department of Defense Ap- modified by any adjustments. Therefore, if pressly provided otherwise, any reference to propriations Act, 2020, the related classified the combined value of transfers into or out ‘‘this Act’’ contained in any division shall be annexes and explanatory statements, and the of a military personnel (M–1); an operation treated as referring only to the provisions of P–1 and R–1 budget justification documents and maintenance (O–1); a procurement (P–1); that division. as subsequently modified by congressional or a research, development, test and evalua- Section 4 of the Act states that this ex- action. tion (R–1) line exceeds the identified thresh- planatory statement shall have the same ef- The following exception to the above defi- old, the Secretary of Defense must submit a fect with respect to the allocation of funds nition shall apply: the military personnel prior approval reprogramming to the con- and implementation of this legislation as if and the operation and maintenance ac- gressional defense committees. In addition, it were a joint explanatory statement of a counts, for which the term ‘‘program, guidelines on the application of prior ap- committee of conference. project, and activity’’ is defined as the ap- proval reprogramming procedures for con- Section 5 of the Act provides a statement propriations accounts contained in the De- gressional special interest items are estab- of appropriations. partment of Defense Appropriations Act. lished elsewhere in this statement. Section 6 of the Act states that each At the time the President submits the FUNDING INCREASES amount designated by Congress as being for budget request for fiscal year 2021, the Sec- emergency requirements or for Overseas retary of Defense is directed to transmit to The funding increases outlined in the ta- Contingency Operations/Global War on Ter- the congressional defense committees budget bles for each appropriation account shall be rorism (OCO/GWOT) is contingent on the justification documents to be known as the provided only for the specific purposes indi- President so designating all such emergency ‘‘M–1’’ and the ‘‘O–1’’ which shall identify, at cated in the tables. or OCO/GWOT amounts and transmitting the budget activity, activity group, and sub- CONGRESSIONAL SPECIAL INTEREST ITEMS such designations to Congress. activity group level, the amounts requested Items for which additional funds have been The Act does not contain any congres- by the President to be appropriated to the provided or items for which funding is spe- sional earmarks, limited tax benefits, or lim- Department of Defense for military per- cifically reduced as shown in the project ited tariff benefits as defined by clause 9 of sonnel and operation and maintenance in level tables or in paragraphs using the rule XXI of the Rules of the House of Rep- any budget request, or amended budget re- phrase ‘‘only for’’ or ‘‘only to’’ are congres- resentatives. quest, for fiscal year 2021. sional special interest items for the purpose DIVISION A—DEPARTMENT OF DEFENSE REPROGRAMMING GUIDANCE FOR BASE AND of the Base for Reprogramming (DD Form APPROPRIATIONS ACT, 2020 OVERSEAS CONTINGENCY OPERATIONS FUNDING 1414). Each of these items must be carried on The following is an explanation of the ef- The Secretary of Defense is directed to the DD Form 1414 at the stated amount, as fects of this Act, which makes appropria- continue to follow the reprogramming guid- specifically addressed in the explanatory tions for the Department of Defense for fis- ance for acquisition accounts as specified in statement. b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. H10613 . VerDate Sep 11 2014 23:16 Dec 21, 2019 Jkt 099060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A17DE7.050 H17DEPT2 SSpencer on DSKBBXCHB2PROD with HOUSE H10614 CONGRESSIONAL RECORD — HOUSE December 17, 2019 CLASSIFIED ANNEX Department of Defense is encouraged to Evaluation, Air Force for the procurement of Adjustments to classified programs are ad- complete migration to milCloud 2.0 by the two test aircraft and half of the requested dressed in the accompanying classified end of fiscal year 2020. amount for non-recurring engineering. Of the annex. SPECIAL OPERATIONS COMMAND OBLIGATION funds provided in Aircraft Procurement, Air Force for the remaining six F–15EX aircraft, JOINT ENTERPRISE DEFENSE INFRASTRUCTURE AND EXPENDITURE PLANS no more than $64,800,000 for long-lead mate- The agreement notes that the Chief Infor- The existing budget justification and quar- terly execution data lack certain details to rials may be obligated until the Secretary of mation Officer of the Department of Defense the Air Force submits a report to the con- has provided the report required in House analyze trends and program office perform- ance. To facilitate appropriate oversight, the gressional defense committees with the fol- Report 116–84 regarding the Department’s lowing documentation, or the milestone C- plans to transition to a multi-cloud environ- Commander of the United States Special Op- erations Command is directed to provide the equivalents under Section 804 middle tier ac- ment and satisfied the conditions that pro- quisition authority, to include an approved hibited the obligation and expenditure of House and Senate Appropriations Commit- tees detailed spend plans at the project level program acquisition strategy; a capability funds to migrate data and applications to production document; a life-cycle cost esti- the Joint Enterprise Defense Infrastructure for the procurement and research and devel- opment appropriations accounts. The spend mate; a life-cycle sustainment plan; a test cloud. and evaluation master plan; and a post-pro- The agreement retains a requirement in plans shall include all active fiscal years, with monthly obligation and target bench- duction fielding strategy. Additionally, the House Report 116–84 requiring the Chief In- Secretary of the Air Force is directed to in- formation Officer of the Department of De- marks. The first spend plan should be pro- vided not later than 45 days after the enact- clude F–15EX program updates and progress fense to
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