H.R.3219 – Department of Defense Appropriations Act, 2018

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Week ending July 28, 2017

H.R.3219 – Department of Defense Appropriations Act, 2018


The bill provide appropriations for most military functions of the Department of Defense. The defense provisions in Division A do not provide appropriations for military construction, military family housing, civil defense, and military nuclear warheads, for which requirements are considered in connection with other appropriations Acts. Those provisions are found in other divisions within the bill.

Under Defense the President’s fiscal year 2018 budget request for activities funded in the Department of Defense Appropriations Act totals $630,391,276,000 in new budget obligational authority. The Committee recommendation for total fiscal year 2018 Department of Defense funding is $658,114,519,000, which includes $584,180,519,000 in base funding and $73,934,000,000 for overseas contingency operations/global war on terrorism funding in title IX. The Committee provides $28,237,243,000 above the request so that the Department of Defense can accelerate its efforts to restore national defense to meet the increasing challenges around the world.

The Committee has funded the investments in near-term readiness and long-term technological dominance requested by the Department, including authorized end strength increases, enhanced training for full spectrum conflict, weapon system maintenance and sustainment, the repair and improvement of neglected infrastructure, and research and development.

The bill provides for programs that will preserve asymmetric advantages. In addition, the Committee has identified shortfalls in the request, in particular with regard to procurement of existing in-production weapon systems that will preserve capacity, provide new capability, and allow for the gradual replacement of systems that are increasingly expensive to sustain due to dwindling supplies of spare parts and subsystem obsolescence. The Committee’s proposed investments have been guided by the unfunded priorities lists submitted to the Congress, the needs of the reserve components, and the acknowledged need to preserve industrial base capacity.

Prohibited Spending.

None of the funds made available by this Act may be used by the National Security Agency to conduct an acquisition pursuant to section 702 of the Foreign Intelligence Surveillance Act of 1978 for the purpose of targeting a United States person; or  acquire, monitor, or store the contents (as such term is defined in section 2510(8) of title 18, United States Code) of any electronic communication of a United States person from a provider of electronic communication services to the public pursuant to section 501 of the Foreign Intelligence Surveillance Act of 1978.

None of the funds appropriated or otherwise made available in this Act may be used to transfer any individual detained at United States Naval Station Guantánamo Bay, Cuba, to the custody or control of the individual’s country of origin, any other foreign country, or any other foreign entity except in accordance with section 1034 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92) and section 1034 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328).

None of the funds appropriated or otherwise made available in this or any other Act may be used to transfer, release, or assist in the transfer or release to or within the United States, its territories, or possessions Khalid Sheikh Mohammed or any other detainee who is not a United States citizen or a member of the Armed Forces of the United States; and is or was held on or after June 24, 2009, at United States Naval Station, Guantánamo Bay, Cuba, by the Department of Defense.


Sec. 8098. (a) None of the funds appropriated or otherwise made available by this or any other Act may be used by the Secretary of Defense, or any other official or officer of the Department of Defense, to enter into a contract, memorandum of understanding, or cooperative agreement with, or make a grant to, or provide a loan or loan guarantee to Rosoboronexport or any subsidiary of Rosoboronexport.

(b) The Secretary of Defense may waive the limitation in subsection (a) if the Secretary, in consultation with the Secretary of State and the Director of National Intelligence, determines that it is in the vital national security interest of the United States to do so, and certifies in writing to the congressional defense committees that, to the best of the Secretary’s knowledge:

(1) Rosoboronexport has ceased the transfer of lethal military equipment to, and the maintenance of existing lethal military equipment for, the Government of the Syrian Arab Republic;

(2) The armed forces of the Russian Federation have withdrawn from Crimea, other than armed forces present on military bases subject to agreements in force between the Government of the Russian Federation and the Government of Ukraine; and

(3) Agents of the Russian Federation have ceased taking active measures to destabilize the control of the Government of Ukraine over eastern Ukraine.

Other bill provisions-

Division A of H.R. 3219 contains the Defense bill.

Division B contains the Legislative Branch bill, which appropriates $3.6 billion for Congressional and support agency activities, other than Senate operations.  This legislation includes a provision blocking a Cost of Living Adjustment (COLA) for Members of Congress in 2018.

Division C contains the Military Construction and Veterans Affairs bill, which appropriates $88 billion in discretionary budget authority, an increase of $6 billion over FY 2017.

Division D contains the Energy and Water bill, which appropriates $37.6 billion in discretionary budget authority for FY 2018.  ‘While it contains a relatively small aggregate cut from FY 2017, overall the non-defense portion of the bill is cut by $1.3 billion. Those cuts are mostly to several research programs for renewable energy. $20.5 billion is considered defense spending subject to the BCA caps, and would face a 13% sequester cut.’ – Minority Whip.

(Full text of H.R. 3219 at congress.gov)

Sponsor:  Rep. Granger, Kay [R-TX-12] (Introduced 07/13/2017)

Status: Passed House /



On Passage: n passage Passed by the Yeas and Nays: 235 – 192 (Roll no. 435).

House Amendments:

House amendments can be read here

Motion to recommit: On motion to recommit with instructions Failed by recorded vote: 193 – 234 (Roll no. 434).

Text of the motion:

The House proceeded with 10 minutes of debate on the Roybal-Allard motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to strike the division of the underlying bill that appropriates $1.6 billion in funds to begin construction of border wall along the U.S. Mexico border.


On Passage:

Procedural Actions:

Senate Amendments:


Cost to the taxpayers:  Data not available

Pay-as-you-go requirements:  Data not available

Regulatory and Other Impact: Data not available

Dynamic Scoring:   Data not available

Tax Complexity:  Not applicable to this bill.

Earmark Certification:  Data not available

Duplication of programs: Data not available

Direct Rule-Making:  Data not available

Advisory Committee Statement: Data not available

Budget Authority: Data not available

Constitutional Authority:   Assumed.


More Bill Information:


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