S.Amdt. 894

SA 894. Mr. MANCHIN submitted an amendment intended to be proposed by

[[Page S5138]]

him to the bill H.R. 2810, to authorize appropriations for fiscal year
2018 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle A of title X, add the following:

SEC. __. ACHIEVEMENT BY DEPARTMENT OF DEFENSE AND MILITARY
DEPARTMENTS OF UNQUALIFIED OPINIONS OF
STATEMENT OF BUDGETARY RESOURCES.

(a) Enhanced Reprogramming Authority Following Achievement
by Department of Defense and Military Departments of Audit
With Unqualified Opinion of Statement of Budgetary Resources
for Fiscal Years After Fiscal Year 2017.--
(1) Department of defense generally.--Subject to subsection
(b)(1), if the Department of Defense obtains an audit with an
unqualified opinion on its statement of budgetary resources
for any fiscal year after fiscal year 2017, the limitation on
the total amount of authorizations that the Secretary of
Defense may transfer pursuant to general transfer authority
available to the Secretary in the national interest in the
succeeding fiscal year shall be $8,000,000,000.
(2) Military departments, defense agencies, and defense
field activities.--Subject to section (c)(1), if a military
department, Defense Agency, or defense field activity obtains
an audit with an unqualified opinion on its statement of
budgetary resources for any fiscal year after fiscal year
2017, the thresholds for reprogramming of funds of such
military department, Defense Agency, or defense field
activity, as the case may be, without prior notice to
Congress for the succeeding fiscal year shall be deemed to be
the thresholds as follows:
(A) In the case of an increase or decrease to the program
base amount for a procurement program, $60,000,000.
(B) In the case of an increase or decrease to the program
base amount for a research program, $30,000,000.
(C) In the case of an increase or decrease to the amount
for a budget activity for operation and maintenance,
$45,000,000.
(D) In the case of an increase or decrease to the amount
for a budget activity for military personnel, $30,000,000.
(3) Rule of construction.--Nothing in this subsection shall
be construed to alter or revise any requirement (other than a
threshold amount) for notice to Congress on transfers covered
by paragraph (1) or reprogrammings covered by paragraph (2)
under any other provision of law.
(4) Definitions.--In this subsection, the terms ``program
base amount'', ``procurement program'', ``research program'',
and ``budget activity'' have the meanings given such terms in
chapter 6 of volume 3 of the Financial Management Regulation
of the Department of Defense (DoD 7000.14R), dated March
2011, or any successor document.
(b) Failure of Department of Defense to Obtain Audits With
Unqualified Opinion of Fiscal Year 2018 Financial
Statements.--If the Department of Defense fails to obtain an
audit with an unqualified opinion on its general fund
statement of budgetary resources for fiscal year 2018 by
March 31, 2019, effective as of April 1, 2019, the authority
in subsection (a)(1) shall cease to be available to the
Department of Defense for fiscal year 2018 and any fiscal
year thereafter.
(c) Failure of the Military Departments to Obtain Audits
With Unqualified Opinion of Financial Statements for Fiscal
Years After Fiscal Year 2018.--
(1) Permanent cessation of authorities reprogramming of
funds.--If a military department fails to obtain an audit
with an unqualified opinion on its financial statements for
fiscal year 2018 by March 31, 2019, effective as of April 1,
2019, the authorities in subsection (a)(2) shall cease to be
available to the military department for fiscal year 2018 and
any fiscal year thereafter.
(2) Annual prohibition on expenditure of funds for certain
mdaps past milestone b in connection with failure.--
(A) Prohibition.--Effective for fiscal years after fiscal
year 2018, if a military department fails to obtain an audit
with an unqualified opinion on its financial statements for
any fiscal year, effective as of the date of the issuance of
the opinion on such audit, amounts available to the military
department for the following fiscal year may not be obligated
by the military department for a weapon or weapon system or
platform being acquired as a major defense acquisition
program for any activity beyond Milestone B approval unless
such program has already achieved Milestone B approval of the
date of the issuance of the opinion on such audit.
(B) Definitions.--In this paragraph:
(i) The term ``major defense acquisition program'' has the
meaning given that term in section 2430 of title 10, United
States Code.
(ii) The term ``Milestone B approval'' has the meaning
given that term in section 2366(e)(7) of title 10, United
States Code.
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