114TH CONGRESS 

1ST SESSION H. R. 2685 

AN ACT 

Making appropriations for the Department of Defense for 

the fiscal year ending September 30, 2016, 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, 
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1 That the following sums are appropriated, out of any 

2 money in the Treasury not otherwise appropriated, for the 

3 fiscal year ending September 30, 2016, for military func4 tions administered by the Department of Defense and for 

5 other purposes, namely: 

6 TITLE I 

7 MILITARY PERSONNEL 

8 MILITARY PERSONNEL, ARMY

9 For pay, allowances, individual clothing, subsistence, 

10 interest on deposits, gratuities, permanent change of sta11 tion travel (including all expenses thereof for organiza12 tional movements), and expenses of temporary duty travel 

13 between permanent duty stations, for members of the 

14 Army on active duty (except members of reserve compo15 nents provided for elsewhere), cadets, and aviation cadets; 

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

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

18 377, as amended (42 U.S.C. 402 note), and to the Depart19 ment of Defense Military Retirement Fund, 

20 $37,295,571,000. 

21 MILITARY PERSONNEL, NAVY

22 For pay, allowances, individual clothing, subsistence, 

23 interest on deposits, gratuities, permanent change of sta24 tion travel (including all expenses thereof for organiza25 tional movements), and expenses of temporary duty travel 
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1 between permanent duty stations, for members of the 

2 Navy on active duty (except members of the Reserve pro3 vided for elsewhere), midshipmen, and aviation cadets; for 

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

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

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

7 of Defense Military Retirement Fund, $26,711,323,000. 

8 MILITARY PERSONNEL, MARINE CORPS

9 For pay, allowances, individual clothing, subsistence, 

10 interest on deposits, gratuities, permanent change of sta11 tion travel (including all expenses thereof for organiza12 tional movements), and expenses of temporary duty travel 

13 between permanent duty stations, for members of the Ma14 rine Corps on active duty (except members of the Reserve 

15 provided for elsewhere); and for payments pursuant to sec16 tion 156 of Public Law 97–377, as amended (42 U.S.C. 

17 402 note), and to the Department of Defense Military Re18 tirement Fund, $12,586,679,000. 

19 MILITARY PERSONNEL, AIR FORCE

20 For pay, allowances, individual clothing, subsistence, 

21 interest on deposits, gratuities, permanent change of sta22 tion travel (including all expenses thereof for organiza23 tional movements), and expenses of temporary duty travel 

24 between permanent duty stations, for members of the Air 

25 Force on active duty (except members of reserve compo-
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1 nents provided for elsewhere), cadets, and aviation cadets; 

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

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

4 377, as amended (42 U.S.C. 402 note), and to the Depart5 ment of Defense Military Retirement Fund, 

6 $26,226,952,000. 

7 RESERVE PERSONNEL, ARMY

8 For pay, allowances, clothing, subsistence, gratuities, 

9 travel, and related expenses for personnel of the Army Re10 serve on active duty under sections 10211, 10302, and 

11 3038 of title 10, United States Code, or while serving on 

12 active duty under section 12301(d) of title 10, 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 reserve training, or while performing 

16 drills or equivalent duty or other duty, and expenses au17 thorized by section 16131 of title 10, United States Code; 

18 and for payments to the Department of Defense Military 

19 Retirement Fund, $4,463,164,000. 

20 RESERVE PERSONNEL, NAVY

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

22 travel, and related expenses for personnel of the Navy Re23 serve on active duty under section 10211 of title 10, 

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

25 section 12301(d) of title 10, United States Code, in con-
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1 nection with performing duty specified in section 12310(a) 

2 of title 10, United States Code, or while undergoing re3 serve training, or while performing drills or equivalent 

4 duty, and expenses authorized by section 16131 of title 

5 10, United States Code; and for payments to the Depart6 ment of Defense Military Retirement Fund, 

7 $1,866,891,000. 

8 RESERVE PERSONNEL, MARINE CORPS

9 For pay, allowances, clothing, subsistence, gratuities, 

10 travel, and related expenses for personnel of the Marine 

11 Corps Reserve on active duty under section 10211 of title 

12 10, United States Code, or while serving on active duty 

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

14 in connection with performing duty specified in section 

15 12310(a) of title 10, United States Code, or while under16 going reserve training, or while performing drills or equiv17 alent duty, and for members of the Marine Corps platoon 

18 leaders class, and expenses authorized by section 16131 

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

20 Department of Defense Military Retirement Fund, 

21 $705,271,000. 

22 RESERVE PERSONNEL, AIR FORCE

23 For pay, allowances, clothing, subsistence, gratuities, 

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

25 Reserve on active duty under sections 10211, 10305, and 
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1 8038 of title 10, United States Code, or while serving on 

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

3 States Code, in connection with performing duty specified 

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

5 while undergoing reserve training, or while performing 

6 drills or equivalent duty or other duty, and expenses au7 thorized by section 16131 of title 10, United States Code; 

8 and for payments to the Department of Defense Military 

9 Retirement Fund, $1,689,333,000. 

10 NATIONAL GUARD PERSONNEL, ARMY

11 For pay, allowances, clothing, subsistence, gratuities, 

12 travel, and related expenses for personnel of the Army Na13 tional Guard while on duty under sections 10211, 10302, 

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

15 States Code, or while serving on duty under section 

16 12301(d) of title 10 or section 502(f) of title 32, United 

17 States Code, in connection with performing duty specified 

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

19 while undergoing training, or while performing drills or 

20 equivalent duty or other duty, and expenses authorized by 

21 section 16131 of title 10, United States Code; and for pay22 ments to the Department of Defense Military Retirement 

23 Fund, $7,980,413,000. 
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1 NATIONAL GUARD PERSONNEL, AIR FORCE

2 For pay, allowances, clothing, subsistence, gratuities, 

3 travel, and related expenses for personnel of the Air Na4 tional Guard on duty under sections 10211, 10305, or 

5 12402 of title 10 or section 708 of title 32, United States 

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

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

8 in connection with performing duty specified in section 

9 12310(a) of title 10, United States Code, or while under10 going training, or while performing drills or equivalent 

11 duty or other duty, and expenses authorized by section 

12 16131 of title 10, United States Code; and for payments 

13 to the Department of Defense Military Retirement Fund, 

14 $3,202,010,000. 

15 TITLE II 

16 OPERATION AND MAINTENANCE 

17 OPERATION AND MAINTENANCE, ARMY

18 For expenses, not otherwise provided for, necessary 

19 for the operation and maintenance of the Army, as author20 ized by law, $28,349,761,000: Provided, That not to ex21 ceed $12,478,000 can be used for emergencies and ex22 traordinary expenses, to be expended on the approval or 

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

24 be made on his certificate of necessity for confidential mili25 tary purposes. 
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1 OPERATION AND MAINTENANCE, NAVY

2 For expenses, not otherwise provided for, necessary 

3 for the operation and maintenance of the Navy and the 

4 Marine Corps, as authorized by law, $40,548,338,000: 

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

6 emergencies and extraordinary expenses, to be expended 

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

8 and payments may be made on his certificate of necessity 

9 for confidential military purposes. 

10 OPERATION AND MAINTENANCE, MARINE CORPS

11 For expenses, not otherwise provided for, necessary 

12 for the operation and maintenance of the Marine Corps, 

13 as authorized by law, $5,338,793,000. 

14 OPERATION AND MAINTENANCE, AIR FORCE

15 For expenses, not otherwise provided for, necessary 

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

17 authorized by law, $36,094,484,000: Provided, That not 

18 to exceed $7,699,000 can be used for emergencies and ex19 traordinary expenses, to be expended on the approval or 

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

21 may be made on his certificate of necessity for confidential 

22 military purposes. 
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1 OPERATION AND MAINTENANCE, DEFENSE-WIDE

2 (INCLUDING TRANSFER OF FUNDS)

3 For expenses, not otherwise provided for, necessary 

4 for the operation and maintenance of activities and agen5 cies of the Department of Defense (other than the military 

6 departments), as authorized by law, $30,182,187,000 (re7 duced by $3,200,000) (reduced by $5,500,000) (increased 

8 by $5,500,000) (reduced by $7,463,000) (reduced by 

9 $2,000,000) (increased by $2,000,000) (reduced by 

10 $1,000,000) (reduced by $5,000,000) (increased by 

11 $5,000,000) (reduced by $10,000,000) (reduced by 

12 $10,000,000) (reduced by $5,000,000) (reduced by 

13 $25,000,000) (increased by $25,000,000) (reduced by 

14 $15,000,000) (reduced by $1,000,000): Provided, That 

15 not more than $15,000,000 may be used for the Combat16 ant Commander Initiative Fund authorized under section 

17 166a of title 10, United States Code: Provided further, 

18 That not to exceed $36,000,000 can be used for emer19 gencies and extraordinary expenses, to be expended on the 

20 approval or authority of the Secretary of Defense, and 

21 payments may be made on his certificate of necessity for 

22 confidential military purposes: Provided further, That of 

23 the funds provided under this heading, not less than 

24 $35,045,000 shall be made available for the Procurement 

25 Technical Assistance Cooperative Agreement Program, of 
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1 which not less than $3,600,000 shall be available for cen2 ters defined in 10 U.S.C. 2411(1)(D): Provided further, 

3 That none of the funds appropriated or otherwise made 

4 available by this Act may be used to plan or implement 

5 the consolidation of a budget or appropriations liaison of6 fice of the Office of the Secretary of Defense, the office 

7 of the Secretary of a military department, or the service 

8 headquarters of one of the Armed Forces into a legislative 

9 affairs or legislative liaison office: Provided further, That 

10 $9,031,000, to remain available until expended, is avail11 able only for expenses relating to certain classified activi12 ties, and may be transferred as necessary by the Secretary 

13 of Defense to operation and maintenance appropriations 

14 or research, development, test and evaluation appropria15 tions, to be merged with and to be available for the same 

16 time period as the appropriations to which transferred: 

17 Provided further, That any ceiling on the investment item 

18 unit cost of items that may be purchased with operation 

19 and maintenance funds shall not apply to the funds de20 scribed in the preceding proviso: Provided further, That 

21 the transfer authority provided under this heading is in 

22 addition to any other transfer authority provided else23 where in this Act. 
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1 OPERATION AND MAINTENANCE, ARMY RESERVE

2 For expenses, not otherwise provided for, necessary 

3 for the operation and maintenance, including training, or4 ganization, and administration, of the Army Reserve; re5 pair of facilities and equipment; hire of passenger motor 

6 vehicles; travel and transportation; care of the dead; re7 cruiting; procurement of services, supplies, and equip8 ment; and communications, $2,644,274,000. 

9 OPERATION AND MAINTENANCE, NAVY RESERVE

10 For expenses, not otherwise provided for, necessary 

11 for the operation and maintenance, including training, or12 ganization, and administration, of the Navy Reserve; re13 pair of facilities and equipment; hire of passenger motor 

14 vehicles; travel and transportation; care of the dead; re15 cruiting; procurement of services, supplies, and equip16 ment; and communications, $999,621,000. 

17 OPERATION AND MAINTENANCE, MARINE CORPS

18 RESERVE

19 For expenses, not otherwise provided for, necessary 

20 for the operation and maintenance, including training, or21 ganization, and administration, of the Marine Corps Re22 serve; repair of facilities and equipment; hire of passenger 

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

24 recruiting; procurement of services, supplies, and equip25 ment; and communications, $276,761,000. 
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1 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

2 For expenses, not otherwise provided for, necessary 

3 for the operation and maintenance, including training, or4 ganization, and administration, of the Air Force Reserve; 

5 repair of facilities and equipment; hire of passenger motor 

6 vehicles; travel and transportation; care of the dead; re7 cruiting; procurement of services, supplies, and equip8 ment; and communications, $2,815,862,000. 

9 OPERATION AND MAINTENANCE, ARMY NATIONAL

10 GUARD

11 For expenses of training, organizing, and admin12 istering the Army National Guard, including medical and 

13 hospital treatment and related expenses in non-Federal 

14 hospitals; maintenance, operation, and repairs to struc15 tures and facilities; hire of passenger motor vehicles; per16 sonnel services in the National Guard Bureau; travel ex17 penses (other than mileage), as authorized by law for 

18 Army personnel on active duty, for Army National Guard 

19 division, regimental, and battalion commanders while in20 specting units in compliance with National Guard Bureau 

21 regulations when specifically authorized by the Chief, Na22 tional Guard Bureau; supplying and equipping the Army 

23 National Guard as authorized by law; and expenses of re24 pair, modification, maintenance, and issue of supplies and 
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1 equipment (including aircraft), $6,731,119,000 (increased 

2 by $2,000,000). 

3 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

4 For expenses of training, organizing, and admin5 istering the Air National Guard, including medical and 

6 hospital treatment and related expenses in non-Federal 

7 hospitals; maintenance, operation, and repairs to struc8 tures and facilities; transportation of things, hire of pas9 senger motor vehicles; supplying and equipping the Air 

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

11 modification, maintenance, and issue of supplies and 

12 equipment, including those furnished from stocks under 

13 the control of agencies of the Department of Defense; 

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

15 authorized by law for Air National Guard personnel on 

16 active Federal duty, for Air National Guard commanders 

17 while inspecting units in compliance with National Guard 

18 Bureau regulations when specifically authorized by the 

19 Chief, National Guard Bureau, $6,605,400,000. 

20 UNITED STATES COURT OF APPEALS FOR THE ARMED

21 FORCES

22 For salaries and expenses necessary for the United 

23 States Court of Appeals for the Armed Forces, 

24 $14,078,000, of which not to exceed $5,000 may be used 

25 for official representation purposes. 
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1 ENVIRONMENTAL RESTORATION, ARMY

2 (INCLUDING TRANSFER OF FUNDS)

3 For the Department of the Army, $234,829,000 (re4 duced by $1,000,000), to remain available until trans5 ferred: Provided, That the Secretary of the Army shall, 

6 upon determining that such funds are required for envi7 ronmental restoration, reduction and recycling of haz8 ardous waste, removal of unsafe buildings and debris of 

9 the Department of the Army, or for similar purposes, 

10 transfer the funds made available by this appropriation 

11 to other appropriations made available to the Department 

12 of the Army, to be merged with and to be available for 

13 the same purposes and for the same time period as the 

14 appropriations to which transferred: Provided further, 

15 That upon a determination that all or part of the funds 

16 transferred from this appropriation are not necessary for 

17 the purposes provided herein, such amounts may be trans18 ferred back to this appropriation: Provided further, That 

19 the transfer authority provided under this heading is in 

20 addition to any other transfer authority provided else21 where in this Act. 

22 ENVIRONMENTAL RESTORATION, NAVY

23 (INCLUDING TRANSFER OF FUNDS)

24 For the Department of the Navy, $300,000,000, to 

25 remain available until transferred: Provided, That the Sec-
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1 retary of the Navy 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 of the Department of the Navy, or 

5 for similar purposes, transfer the funds made available by 

6 this appropriation to other appropriations made available 

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

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

9 time period as the appropriations to which transferred: 

10 Provided further, That upon a determination that all or 

11 part of the funds transferred from this appropriation are 

12 not necessary for the purposes provided herein, such 

13 amounts may be transferred back to this appropriation: 

14 Provided further, That the transfer authority provided 

15 under this heading is in addition to any other transfer au16 thority provided elsewhere in this Act. 

17 ENVIRONMENTAL RESTORATION, AIR FORCE

18 (INCLUDING TRANSFER OF FUNDS)

19 For the Department of the Air Force, $368,131,000, 

20 to remain available until transferred: Provided, That the 

21 Secretary of the Air Force shall, upon determining that 

22 such funds are required for environmental restoration, re23 duction and recycling of hazardous waste, removal of un24 safe buildings and debris of the Department of the Air 

25 Force, or for similar purposes, transfer the funds made 
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1 available by this appropriation to other appropriations 

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

3 merged with and to be available for the same purposes 

4 and for the same time period as the appropriations to 

5 which transferred: Provided further, That upon a deter6 mination that all or part of the funds transferred from 

7 this appropriation are not necessary for the purposes pro8 vided herein, such amounts may be transferred back to 

9 this appropriation: Provided further, That the transfer au10 thority provided under this heading is in addition to any 

11 other transfer authority provided elsewhere in this Act. 

12 ENVIRONMENTAL RESTORATION, DEFENSE-WIDE

13 (INCLUDING TRANSFER OF FUNDS)

14 For the Department of Defense, $8,232,000, to re15 main available until transferred: Provided, That the Sec16 retary of Defense shall, upon determining that such funds 

17 are required for environmental restoration, reduction and 

18 recycling of hazardous waste, removal of unsafe buildings 

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

20 purposes, transfer the funds made available by this appro21 priation to other appropriations made available to the De22 partment of Defense, to be merged with and to be avail23 able for the same purposes and for the same time period 

24 as the appropriations to which transferred: Provided fur25 ther, That upon a determination that all or part of the 
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1 funds transferred from this appropriation are not nec2 essary for the purposes provided herein, such amounts 

3 may be transferred back to this appropriation: Provided 

4 further, That the transfer authority provided under this 

5 heading is in addition to any other transfer authority pro6 vided elsewhere in this Act. 

7 ENVIRONMENTAL RESTORATION, FORMERLY USED

8 DEFENSE SITES

9 (INCLUDING TRANSFER OF FUNDS)

10 For the Department of the Army, $228,717,000, to 

11 remain available until transferred: Provided, That the Sec12 retary of the Army shall, upon determining that such 

13 funds are required for environmental restoration, reduc14 tion and recycling of hazardous waste, removal of unsafe 

15 buildings and debris at sites formerly used by the Depart16 ment of Defense, transfer the funds made available by this 

17 appropriation to other appropriations made available to 

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

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

20 period as the appropriations to which transferred: Pro21 vided further, That upon a determination that all or part 

22 of the funds transferred from this appropriation are not 

23 necessary for the purposes provided herein, such amounts 

24 may be transferred back to this appropriation: Provided 

25 further, That the transfer authority provided under this 
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1 heading is in addition to any other transfer authority pro2 vided elsewhere in this Act. 

3 OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

4 For expenses relating to the Overseas Humanitarian, 

5 Disaster, and Civic Aid programs of the Department of 

6 Defense (consisting of the programs provided under sec7 tions 401, 402, 404, 407, 2557, and 2561 of title 10, 

8 United States Code), $103,266,000, to remain available 

9 until September 30, 2017. 

10 COOPERATIVE THREAT REDUCTION ACCOUNT

11 For assistance to the republics of the former Soviet 

12 Union and, with appropriate authorization by the Depart13 ment of Defense and Department of State, to countries 

14 outside of the former Soviet Union, including assistance 

15 provided by contract or by grants, for facilitating the 

16 elimination and the safe and secure transportation and 

17 storage of nuclear, chemical and other weapons; for estab18 lishing programs to prevent the proliferation of weapons, 

19 weapons components, and weapon-related technology and 

20 expertise; for programs relating to the training and sup21 port of defense and military personnel for demilitarization 

22 and protection of weapons, weapons components, and 

23 weapons technology and expertise, and for defense and 

24 military contacts, $358,496,000, to remain available until 

25 September 30, 2018. 
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1 DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE

2 DEVELOPMENT FUND

3 For the Department of Defense Acquisition Work4 force Development Fund, $84,140,000. 

5 TITLE III 

6 PROCUREMENT 

7 AIRCRAFT PROCUREMENT, ARMY

8 For construction, procurement, production, modifica9 tion, and modernization of aircraft, equipment, including 

10 ordnance, ground handling equipment, spare parts, and 

11 accessories therefor; specialized equipment and training 

12 devices; expansion of public and private plants, including 

13 the land necessary therefor, for the foregoing purposes, 

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

15 and construction prosecuted thereon prior to approval of 

16 title; and procurement and installation of equipment, ap17 pliances, and machine tools in public and private plants; 

18 reserve plant and Government and contractor-owned 

19 equipment layaway; and other expenses necessary for the 

20 foregoing purposes, $5,336,971,000, to remain available 

21 for obligation until September 30, 2018. 

22 MISSILE PROCUREMENT, ARMY

23 For construction, procurement, production, modifica24 tion, and modernization of missiles, equipment, including 

25 ordnance, ground handling equipment, spare parts, and 
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1 accessories therefor; specialized equipment and training 

2 devices; expansion of public and private plants, including 

3 the land necessary therefor, for the foregoing purposes, 

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

5 and construction prosecuted thereon prior to approval of 

6 title; and procurement and installation of equipment, ap7 pliances, and machine tools in public and private plants; 

8 reserve plant and Government and contractor-owned 

9 equipment layaway; and other expenses necessary for the 

10 foregoing purposes, $1,160,482,000, to remain available 

11 for obligation until September 30, 2018. 

12 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

13 VEHICLES, ARMY

14 For construction, procurement, production, and 

15 modification of weapons and tracked combat vehicles, 

16 equipment, including ordnance, spare parts, and acces17 sories therefor; specialized equipment and training devices; 

18 expansion of public and private plants, including the land 

19 necessary therefor, for the foregoing purposes, and such 

20 lands and interests therein, may be acquired, and con21 struction prosecuted thereon prior to approval of title; and 

22 procurement and installation of equipment, appliances, 

23 and machine tools in public and private plants; reserve 

24 plant and Government and contractor-owned equipment 

25 layaway; and other expenses necessary for the foregoing 
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1 purposes, $1,805,773,000, to remain available for obliga2 tion until September 30, 2018. 

3 PROCUREMENT OF AMMUNITION, ARMY

4 For construction, procurement, production, and 

5 modification of ammunition, and accessories therefor; spe6 cialized equipment and training devices; expansion of pub7 lic and private plants, including ammunition facilities, au8 thorized by section 2854 of title 10, United States Code, 

9 and the land necessary therefor, for the foregoing pur10 poses, and such lands and interests therein, may be ac11 quired, and construction prosecuted thereon prior to ap12 proval of title; and procurement and installation of equip13 ment, appliances, and machine tools in public and private 

14 plants; reserve plant and Government and contractor15 owned equipment layaway; and other expenses necessary 

16 for the foregoing purposes, $1,007,778,000, to remain 

17 available for obligation until September 30, 2018. 

18 OTHER PROCUREMENT, ARMY

19 For construction, procurement, production, and 

20 modification of vehicles, including tactical, support, and 

21 non-tracked combat vehicles; the purchase of passenger 

22 motor vehicles for replacement only; communications and 

23 electronic equipment; other support equipment; spare 

24 parts, ordnance, and accessories therefor; specialized 

25 equipment and training devices; expansion of public and 
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1 private plants, including the land necessary therefor, for 

2 the foregoing purposes, and such lands and interests 

3 therein, may be acquired, and construction prosecuted 

4 thereon prior to approval of title; and procurement and 

5 installation of equipment, appliances, and machine tools 

6 in public and private plants; reserve plant and Govern7 ment and contractor-owned equipment layaway; and other 

8 expenses necessary for the foregoing purposes, 

9 $5,230,677,000, to remain available for obligation until 

10 September 30, 2018. 

11 AIRCRAFT PROCUREMENT, NAVY

12 For construction, procurement, production, modifica13 tion, and modernization of aircraft, equipment, including 

14 ordnance, spare parts, and accessories therefor; specialized 

15 equipment; expansion of public and private plants, includ16 ing the land necessary therefor, and such lands and inter17 ests therein, may be acquired, and construction prosecuted 

18 thereon prior to approval of title; and procurement and 

19 installation of equipment, appliances, and machine tools 

20 in public and private plants; reserve plant and Govern21 ment and contractor-owned equipment layaway, 

22 $16,871,819,000, to remain available for obligation until 

23 September 30, 2018. 
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1 WEAPONS PROCUREMENT, NAVY

2 For construction, procurement, production, modifica3 tion, and modernization of missiles, torpedoes, other weap4 ons, and related support equipment including spare parts, 

5 and accessories therefor; expansion of public and private 

6 plants, including the land necessary therefor, and such 

7 lands and interests therein, may be acquired, and con8 struction prosecuted thereon prior to approval of title; and 

9 procurement and installation of equipment, appliances, 

10 and machine tools in public and private plants; reserve 

11 plant and Government and contractor-owned equipment 

12 layaway, $2,998,541,000, to remain available for obliga13 tion until September 30, 2018. 

14 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

15 CORPS

16 For construction, procurement, production, and 

17 modification of ammunition, and accessories therefor; spe18 cialized equipment and training devices; expansion of pub19 lic and private plants, including ammunition facilities, au20 thorized by section 2854 of title 10, United States Code, 

21 and the land necessary therefor, for the foregoing pur22 poses, and such lands and interests therein, may be ac23 quired, and construction prosecuted thereon prior to ap24 proval of title; and procurement and installation of equip25 ment, appliances, and machine tools in public and private 
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1 plants; reserve plant and Government and contractor2 owned equipment layaway; and other expenses necessary 

3 for the foregoing purposes, $559,141,000, to remain avail4 able for obligation until September 30, 2018. 

5 SHIPBUILDING AND CONVERSION, NAVY

6 (INCLUDING TRANSFER OF FUNDS)

7 For expenses necessary for the construction, acquisi8 tion, or conversion of vessels as authorized by law, includ9 ing armor and armament thereof, plant equipment, appli10 ances, and machine tools and installation thereof in public 

11 and private plants; reserve plant and Government and con12 tractor-owned equipment layaway; procurement of critical, 

13 long lead time components and designs for vessels to be 

14 constructed or converted in the future; and expansion of 

15 public and private plants, including land necessary there16 for, and such lands and interests therein, may be acquired, 

17 and construction prosecuted thereon prior to approval of 

18 title, as follows: 

19 Carrier Replacement Program, $1,559,977,000; 

20 Carrier Replacement Program (AP–CY), 

21 $874,658,000; 

22 Virginia Class Submarine, $3,346,370,000; 

23 Virginia Class Submarine (AP), 

24 $1,971,840,000; 

25 CVN Refueling Overhaul, $637,588,000; 
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1 CVN Refueling Overhauls (AP), $14,951,000; 

2 DDG–1000 Program, $433,404,000; 

3 DDG–51 Destroyer, $3,012,904,000; 

4 Littoral Combat Ship, $1,347,411,000; 

5 LPD–17, $550,000,000; 

6 Afloat Forward Staging Base, $635,000,000; 

7 LHA Replacement (AP–CY), $277,543,000; 

8 TAO Fleet Oiler, $674,190,000; 

9 Moored Training Ship (AP), $138,200,000; 

10 Ship to Shore Connector, $255,630,000; 

11 Service Craft, $30,014,000; 

12 YP Craft Maintenance ROH/SLEP, 

13 $21,838,000; 

14 LCAC Service Life Extension Program, 

15 $80,738,000; and 

16 For outfitting, post delivery, conversions, and 

17 first destination transportation, $601,008,000. 

18 Completion of Prior Year Shipbuilding Programs, 

19 $389,305,000. 

20 In all: $16,852,569,000, to remain available for obli21 gation until September 30, 2020, of which $389,305,000 

22 shall remain available until September 30, 2016, to fund 

23 completion of prior year shipbuilding programs: Provided, 

24 That amounts made available for prior year shipbuilding 

25 programs may be transferred to and merged with appro-
26 

•HR 2685 EH

1 priations made available for such purposes in prior Acts: 

2 Provided further, That additional obligations may be in3 curred after September 30, 2020, for engineering services, 

4 tests, evaluations, and other such budgeted work that 

5 must be performed in the final stage of ship construction: 

6 Provided further, That none of the funds provided under 

7 this heading for the construction or conversion of any 

8 naval vessel to be constructed in shipyards in the United 

9 States shall be expended in foreign facilities for the con10 struction of major components of such vessel: Provided 

11 further, That none of the funds provided under this head12 ing shall be used for the construction of any naval vessel 

13 in foreign shipyards. 

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 

•HR 2685 EH

1 tractor-owned equipment layaway, $6,696,715,000, to re2 main available for obligation until September 30, 2018. 

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, $973,084,000, to remain available for obli16 gation until September 30, 2018. 

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 

•HR 2685 EH

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 $14,224,475,000, to remain available for obligation until 

7 September 30, 2018: Provided, That of the funds provided 

8 under this heading for F–35A Joint Strike Fighter air9 frames and contractor furnished equipment, no more than 

10 the amount necessary to fully fund procurement of 36 air11 frames and associated contractor furnished equipment 

12 may be obligated until the Secretary of Defense certifies 

13 to the congressional defense committees that the Depart14 ment of Defense has accepted Autonomic Logistics Infor15 mation System equipment that meets requirements to sup16 port a declaration of Air Force initial operating capability 

17 for the Joint Strike Fighter. 

18 MISSILE PROCUREMENT, AIR FORCE

19 For construction, procurement, and modification of 

20 missiles, rockets, and related equipment, including spare 

21 parts and accessories therefor; ground handling equip22 ment, and training devices; expansion of public and pri23 vate plants, Government-owned equipment and installa24 tion thereof in such plants, erection of structures, and ac25 quisition of land, for the foregoing purposes, and such 
29 

•HR 2685 EH

1 lands and interests therein, may be acquired, and con2 struction prosecuted thereon prior to approval of title; re3 serve plant and Government and contractor-owned equip4 ment layaway; and other expenses necessary for the fore5 going purposes including rents and transportation of 

6 things, $2,334,165,000, to remain available for obligation 

7 until September 30, 2018. 

8 SPACE PROCUREMENT, AIR FORCE

9 For construction, procurement, production, and 

10 modification of spacecraft, rockets, and related equipment, 

11 including spare parts and accessories therefor; ground 

12 handling equipment, and training devices; expansion of 

13 public and private plants, Government-owned equipment 

14 and installation thereof in such plants, erection of struc15 tures, and acquisition of land, for the foregoing purposes, 

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

17 and construction prosecuted thereon prior to approval of 

18 title; reserve plant and Government and contractor-owned 

19 equipment layaway; and other expenses necessary for the 

20 foregoing purposes including rents and transportation of 

21 things, $1,935,034,000, to remain available for obligation 

22 until September 30, 2018. 

23 PROCUREMENT OF AMMUNITION, AIR FORCE

24 For construction, procurement, production, and 

25 modification of ammunition, and accessories therefor; spe-
30 

•HR 2685 EH

1 cialized equipment and training devices; expansion of pub2 lic and private plants, including ammunition facilities, au3 thorized by section 2854 of title 10, United States Code, 

4 and the land necessary therefor, for the foregoing pur5 poses, and such lands and interests therein, may be ac6 quired, and construction prosecuted thereon prior to ap7 proval of title; and procurement and installation of equip8 ment, appliances, and machine tools in public and private 

9 plants; reserve plant and Government and contractor10 owned equipment layaway; and other expenses necessary 

11 for the foregoing purposes, $253,496,000, to remain avail12 able for obligation until September 30, 2018. 

13 OTHER PROCUREMENT, AIR FORCE

14 For procurement and modification of equipment (in15 cluding ground guidance and electronic control equipment, 

16 and ground electronic and communication equipment), 

17 and supplies, materials, and spare parts therefor, not oth18 erwise provided for; the purchase of passenger motor vehi19 cles for replacement only; lease of passenger motor vehi20 cles; and expansion of public and private plants, Govern21 ment-owned equipment and installation thereof in such 

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

23 the foregoing purposes, and such lands and interests 

24 therein, may be acquired, and construction prosecuted 

25 thereon, prior to approval of title; reserve plant and Gov-
31 

•HR 2685 EH

1 ernment and contractor-owned equipment layaway, 

2 $15,098,950,000, to remain available for obligation until 

3 September 30, 2018. 

4 PROCUREMENT, DEFENSE-WIDE

5 For expenses of activities and agencies of the Depart6 ment of Defense (other than the military departments) 

7 necessary for procurement, production, and modification 

8 of equipment, supplies, materials, and spare parts there9 for, not otherwise provided for; the purchase of passenger 

10 motor vehicles for replacement only; expansion of public 

11 and private plants, equipment, and installation thereof in 

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

13 for 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 $5,143,095,000 (reduced by $10,000,000), to remain 

18 available for obligation until September 30, 2018. 

19 DEFENSE PRODUCTION ACT PURCHASES

20 For activities by the Department of Defense pursuant 

21 to sections 108, 301, 302, and 303 of the Defense Produc22 tion Act of 1950 (50 U.S.C. App. 2078, 2091, 2092, and 

23 2093), $76,680,000, to remain available until expended. 
32 

•HR 2685 EH

1 TITLE IV 

2 RESEARCH, DEVELOPMENT, TEST AND 

3 EVALUATION 

4 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

5 ARMY

6 For expenses necessary for basic and applied sci7 entific research, development, test and evaluation, includ8 ing maintenance, rehabilitation, lease, and operation of fa9 cilities and equipment, $7,372,047,000, to remain avail10 able for obligation until September 30, 2017. 

11 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

12 NAVY

13 For expenses necessary for basic and applied sci14 entific research, development, test and evaluation, includ15 ing maintenance, rehabilitation, lease, and operation of fa16 cilities and equipment, $17,237,724,000, to remain avail17 able for obligation until September 30, 2017: Provided, 

18 That funds appropriated in this paragraph which are 

19 available for the V–22 may be used to meet unique oper20 ational requirements of the Special Operations Forces. 

21 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

22 AIR FORCE

23 For expenses necessary for basic and applied sci24 entific research, development, test and evaluation, includ25 ing maintenance, rehabilitation, lease, and operation of fa-
33 

•HR 2685 EH

1 cilities and equipment, $23,163,152,000, to remain avail2 able for obligation until September 30, 2017. 

3 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

4 DEFENSE-WIDE

5 (INCLUDING TRANSFER OF FUNDS)

6 For expenses of activities and agencies of the Depart7 ment of Defense (other than the military departments), 

8 necessary for basic and applied scientific research, devel9 opment, test and evaluation; advanced research projects 

10 as may be designated and determined by the Secretary 

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

12 lease, and operation of facilities and equipment, 

13 $18,207,171,000 (reduced by $25,000,000), to remain 

14 available for obligation until September 30, 2017: Pro15 vided, That of the funds made available in this paragraph, 

16 $250,000,000 for the Defense Rapid Innovation Program 

17 shall only be available for expenses, not otherwise provided 

18 for, to include program management and oversight, to 

19 conduct research, development, test and evaluation to in20 clude proof of concept demonstration; engineering, testing, 

21 and validation; and transition to full-scale production: 

22 Provided further, That the Secretary of Defense may 

23 transfer funds provided herein for the Defense Rapid In24 novation Program to appropriations for research, develop25 ment, test and evaluation to accomplish the purpose pro-
34 

•HR 2685 EH

1 vided herein: Provided further, That this transfer author2 ity is in addition to any other transfer authority available 

3 to the Department of Defense: Provided further, That the 

4 Secretary of Defense shall, not fewer than 30 days prior 

5 to making transfers from this appropriation, notify the 

6 congressional defense committees in writing of the details 

7 of any such transfer. 

8 OPERATIONAL TEST AND EVALUATION, DEFENSE

9 For expenses, not otherwise provided for, necessary 

10 for the independent activities of the Director, Operational 

11 Test and Evaluation, in the direction and supervision of 

12 operational test and evaluation, including initial oper13 ational test and evaluation which is conducted prior to, 

14 and in support of, production decisions; joint operational 

15 testing and evaluation; and administrative expenses in 

16 connection therewith, $170,558,000, to remain available 

17 for obligation until September 30, 2017. 

18 TITLE V 

19 REVOLVING AND MANAGEMENT FUNDS 

20 DEFENSE WORKING CAPITAL FUNDS

21 For the Defense Working Capital Funds, 

22 $1,634,568,000. 

23 NATIONAL DEFENSE SEALIFT FUND

24 For National Defense Sealift Fund programs, 

25 projects, and activities, and for expenses of the National 
35 

•HR 2685 EH

1 Defense Reserve Fleet, as established by section 11 of the 

2 Merchant Ship Sales Act of 1946 (50 U.S.C. App. 1744), 

3 and for the necessary expenses to maintain and preserve 

4 a U.S.-flag merchant fleet to serve the national security 

5 needs of the United States, $474,164,000, to remain avail6 able until expended: Provided, That none of the funds pro7 vided in this paragraph shall be used to award a new con8 tract that provides for the acquisition of any of the fol9 lowing major components unless such components are 

10 manufactured in the United States: auxiliary equipment, 

11 including pumps, for all shipboard services; propulsion 

12 system components (engines, reduction gears, and propel13 lers); shipboard cranes; and spreaders for shipboard 

14 cranes: Provided further, That the exercise of an option 

15 in a contract awarded through the obligation of previously 

16 appropriated funds shall not be considered to be the award 

17 of a new contract: Provided further, That none of the 

18 funds provided in this paragraph shall be used to award 

19 a new contract for the construction, acquisition, or conver20 sion of vessels, including procurement of critical, long lead 

21 time components and designs for vessels to be constructed 

22 or converted in the future: Provided further, That the Sec23 retary of the military department responsible for such pro24 curement may waive the restrictions in the first proviso 

25 on a case-by-case basis by certifying in writing to the 
36 

•HR 2685 EH

1 Committees on Appropriations of the House of Represent2 atives and the Senate that adequate domestic supplies are 

3 not available to meet Department of Defense requirements 

4 on a timely basis and that such an acquisition must be 

5 made in order to acquire capability for national security 

6 purposes. 

7 TITLE VI 

8 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

9 DEFENSE HEALTH PROGRAM

10 For expenses, not otherwise provided for, for medical 

11 and health care programs of the Department of Defense 

12 as authorized by law, $31,440,009,000 (increased by 

13 $1,000,000) (increased by $10,000,000) (increased by 

14 $10,000,000) (increased by $5,000,000) (increased by 

15 $1,000,000) (increased by $1,000,000) (increased by 

16 $10,000,000) (increased by $25,000,000) (reduced by 

17 $1,000,000) (increased by $1,000,000); of which 

18 $29,489,521,000 shall be for operation and maintenance, 

19 of which not to exceed one percent shall remain available 

20 for obligation until September 30, 2017, and of which up 

21 to $13,972,542,000 may be available for contracts entered 

22 into under the TRICARE program; of which 

23 $373,287,000, to remain available for obligation until Sep24 tember 30, 2018, shall be for procurement; and of which 

25 $1,577,201,000 (increased by $1,000,000) (increased by 
37 

•HR 2685 EH

1 $10,000,000) (increased by $10,000,000) (increased by 

2 $5,000,000) (increased by $1,000,000) (increased by 

3 $1,000,000) (increased by $10,000,000) (increased by 

4 $25,000,000) (reduced by $1,000,000) (increased by 

5 $1,000,000), to remain available for obligation until Sep6 tember 30, 2017, shall be for research, development, test 

7 and evaluation: Provided, That, notwithstanding any other 

8 provision of law, of the amount made available under this 

9 heading for research, development, test and evaluation, 

10 not less than $8,000,000 shall be available for HIV pre11 vention educational activities undertaken in connection 

12 with United States military training, exercises, and hu13 manitarian assistance activities conducted primarily in Af14 rican nations: Provided further, That of the funds provided 

15 under this heading for research, development, test and 

16 evaluation, not less than $597,100,000 (increased by 

17 $5,000,000) (increased by $1,000,000) shall be made 

18 available to the United States Army Medical Research and 

19 Materiel Command to carry out the congressionally di20 rected medical research programs. 

21 CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, 

22 DEFENSE

23 For expenses, not otherwise provided for, necessary 

24 for the destruction of the United States stockpile of lethal 

25 chemical agents and munitions in accordance with the pro-
38 

•HR 2685 EH

1 visions of section 1412 of the Department of Defense Au2 thorization Act, 1986 (50 U.S.C. 1521), and for the de3 struction of other chemical warfare materials that are not 

4 in the chemical weapon stockpile, $720,721,000, of which 

5 $139,098,000 shall be for operation and maintenance, of 

6 which no less than $50,743,000 shall be for the Chemical 

7 Stockpile Emergency Preparedness Program, consisting of 

8 $21,289,000 for activities on military installations and 

9 $29,454,000, to remain available until September 30, 

10 2017, to assist State and local governments; $2,281,000 

11 shall be for procurement, to remain available until Sep12 tember 30, 2018, of which $2,281,000 shall be for the 

13 Chemical Stockpile Emergency Preparedness Program to 

14 assist State and local governments; and $579,342,000, to 

15 remain available until September 30, 2017, shall be for 

16 research, development, test and evaluation, of which 

17 $569,339,000 shall only be for the Assembled Chemical 

18 Weapons Alternatives program. 

19 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

20 DEFENSE

21 (INCLUDING TRANSFER OF FUNDS)

22 For drug interdiction and counter-drug activities of 

23 the Department of Defense, for transfer to appropriations 

24 available to the Department of Defense for military per25 sonnel of the reserve components serving under the provi-
39 

•HR 2685 EH

1 sions of title 10 and title 32, United States Code; for oper2 ation and maintenance; for procurement; and for research, 

3 development, test and evaluation, $878,298,000, of which 

4 $616,811,000 shall be for counter-narcotics support; 

5 $113,589,000 shall be for the drug demand reduction pro6 gram; and $147,898,000 shall be for the National Guard 

7 counter-drug program: Provided, That the funds appro8 priated under this heading shall be available for obligation 

9 for the same time period and for the same purpose as the 

10 appropriation to which transferred: Provided further, That 

11 upon a determination that all or part of the funds trans12 ferred from this appropriation are not necessary for the 

13 purposes provided herein, such amounts may be trans14 ferred back to this appropriation: Provided further, That 

15 the transfer authority provided under this heading is in 

16 addition to any other transfer authority contained else17 where in this Act. 

18 OFFICE OF THE INSPECTOR GENERAL

19 For expenses and activities of the Office of the In20 spector General in carrying out the provisions of the In21 spector General Act of 1978, as amended, $316,159,000, 

22 of which $314,059,000, shall be for operation and mainte23 nance, of which not to exceed $700,000 is available for 

24 emergencies and extraordinary expenses to be expended on 

25 the approval or authority of the Inspector General, and 
40 

•HR 2685 EH

1 payments may be made on the Inspector General’s certifi2 cate of necessity for confidential military purposes; and 

3 of which $2,100,000, to remain available until September 

4 30, 2017, shall be for research, development, test and eval5 uation. 

6 TITLE VII 

7 RELATED AGENCIES 

8 CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

9 DISABILITY SYSTEM FUND

10 For payment to the Central Intelligence Agency Re11 tirement and Disability System Fund, to maintain the 

12 proper funding level for continuing the operation of the 

13 Central Intelligence Agency Retirement and Disability 

14 System, $514,000,000. 

15 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

16 For necessary expenses of the Intelligence Commu17 nity Management Account, $507,923,000. 

18 TITLE VIII 

19 GENERAL PROVISIONS 

20 SEC. 8001. No part of any appropriation contained 

21 in this Act shall be used for publicity or propaganda pur22 poses not authorized by the Congress. 

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

24 of law prohibiting the payment of compensation to, or em25 ployment of, any person not a citizen of the United States 
41 

•HR 2685 EH

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

2 Provided, That salary increases granted to direct and indi3 rect hire foreign national employees of the Department of 

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

5 of the percentage increase authorized by law for civilian 

6 employees of the Department of Defense whose pay is 

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

8 United States Code, or at a rate in excess of the percent9 age increase provided by the appropriate host nation to 

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

11 That this section shall not apply to Department of De12 fense foreign service national employees serving at United 

13 States diplomatic missions whose pay is set by the Depart14 ment of State under the Foreign Service Act of 1980: Pro15 vided further, That the limitations of this provision shall 

16 not apply to foreign national employees of the Department 

17 of Defense in the Republic of Turkey. 

18 SEC. 8003. No part of any appropriation contained 

19 in this Act shall remain available for obligation beyond 

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

21 SEC. 8004. No more than 20 percent of the appro22 priations in this Act which are limited for obligation dur23 ing the current fiscal year shall be obligated during the 

24 last 2 months of the fiscal year: Provided, That this sec25 tion shall not apply to obligations for support of active 
42 

•HR 2685 EH

1 duty training of reserve components or summer camp 

2 training of the Reserve Officers’ Training Corps. 

3 (TRANSFER OF FUNDS)

4 SEC. 8005. Upon determination by the Secretary of 

5 Defense that such action is necessary in the national inter6 est, he may, with the approval of the Office of Manage7 ment and Budget, transfer not to exceed $4,500,000,000 

8 of working capital funds of the Department of Defense 

9 or funds made available in this Act to the Department 

10 of Defense for military functions (except military con11 struction) between such appropriations or funds or any 

12 subdivision thereof, to be merged with and to be available 

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

14 the appropriation or fund to which transferred: Provided, 

15 That such authority to transfer may not be used unless 

16 for higher priority items, based on unforeseen military re17 quirements, than those for which originally appropriated 

18 and in no case where the item for which funds are re19 quested has been denied by the Congress: Provided further, 

20 That the Secretary of Defense shall notify the Congress 

21 promptly of all transfers made pursuant to this authority 

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

23 no part of the funds in this Act shall be available to pre24 pare or present a request to the Committees on Appropria25 tions for reprogramming of funds, unless for higher pri-
43 

•HR 2685 EH

1 ority items, based on unforeseen military requirements, 

2 than those for which originally appropriated and in no 

3 case where the item for which reprogramming is requested 

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

5 a request for multiple reprogrammings of funds using au6 thority provided in this section shall be made prior to June 

7 30, 2016: Provided further, That transfers among military 

8 personnel appropriations shall not be taken into account 

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

10 may be transferred under this section. 

11 SEC. 8006. (a) With regard to the list of specific pro12 grams, projects, and activities (and the dollar amounts 

13 and adjustments to budget activities corresponding to 

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

15 tables titled ‘‘Explanation of Project Level Adjustments’’ 

16 in the explanatory statement regarding this Act, the obli17 gation and expenditure of amounts appropriated or other18 wise made available in this Act for those programs, 

19 projects, and activities for which the amounts appro20 priated exceed the amounts requested are hereby required 

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

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

23 in the text of this Act. 

24 (b) Amounts specified in the referenced tables de25 scribed in subsection (a) shall not be treated as subdivi-
44 

•HR 2685 EH

1 sions of appropriations for purposes of section 8005 of this 

2 Act: Provided, That section 8005 shall apply when trans3 fers of the amounts described in subsection (a) occur be4 tween appropriation accounts. 

5 SEC. 8007. (a) Not later than 60 days after enact6 ment of this Act, the Department of Defense shall submit 

7 a report to the congressional defense committees to estab8 lish the baseline for application of reprogramming and 

9 transfer authorities for fiscal year 2016: Provided, That 

10 the report shall include— 

11 (1) a table for each appropriation with a sepa12 rate column to display the President’s budget re13 quest, adjustments made by Congress, adjustments 

14 due to enacted rescissions, if appropriate, and the 

15 fiscal year enacted level; 

16 (2) a delineation in the table for each appro17 priation both by budget activity and program, 

18 project, and activity as detailed in the Budget Ap19 pendix; and 

20 (3) an identification of items of special congres21 sional interest. 

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

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

24 reprogramming or transfer until the report identified in 

25 subsection (a) is submitted to the congressional defense 
45 

•HR 2685 EH

1 committees, unless the Secretary of Defense certifies in 

2 writing to the congressional defense committees that such 

3 reprogramming or transfer is necessary as an emergency 

4 requirement. 

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 amounts 

22 appropriated to working capital funds in this Act, no obli23 gations may be made against a working capital fund to 

24 procure or increase the value of war reserve material in-
46 

•HR 2685 EH

1 ventory, 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-
47 

•HR 2685 EH

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; 
48 

•HR 2685 EH

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 SEC. 8011. Within the funds appropriated for the op8 eration and maintenance of the Armed Forces, funds are 

9 hereby appropriated pursuant to section 401 of title 10, 

10 United States Code, for humanitarian and civic assistance 

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

12 Such funds may also be obligated for humanitarian and 

13 civic assistance costs incidental to authorized operations 

14 and pursuant to authority granted in section 401 of chap15 ter 20 of title 10, United States Code, and these obliga16 tions shall be reported as required by section 401(d) of 

17 title 10, United States Code: Provided, That funds avail18 able for operation and maintenance shall be available for 

19 providing humanitarian and similar assistance by using 

20 Civic Action Teams in the Trust Territories of the Pacific 

21 Islands and freely associated states of Micronesia, pursu22 ant to the Compact of Free Association as authorized by 

23 Public Law 99–239: Provided further, That upon a deter24 mination by the Secretary of the Army that such action 

25 is beneficial for graduate medical education programs con-
49 

•HR 2685 EH

1 ducted at Army medical facilities located in Hawaii, the 

2 Secretary of the Army may authorize the provision of med3 ical services at such facilities and transportation to such 

4 facilities, on a nonreimbursable basis, for civilian patients 

5 from American Samoa, the Commonwealth of the North6 ern Mariana Islands, the Marshall Islands, the Federated 

7 States of Micronesia, Palau, and Guam. 

8 SEC. 8012. (a) During fiscal year 2016, the civilian 

9 personnel of the Department of Defense may not be man10 aged on the basis of any end-strength, and the manage11 ment of such personnel during that fiscal year shall not 

12 be subject to any constraint or limitation (known as an 

13 end-strength) on the number of such personnel who may 

14 be employed on the last day of such fiscal year. 

15 (b) The fiscal year 2017 budget request for the De16 partment of Defense as well as all justification material 

17 and other documentation supporting the fiscal year 2017 

18 Department of Defense budget request shall be prepared 

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

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

21 year 2017. 

22 (c) As required by section 1107 of the National De23 fense Authorization Act for Fiscal Year 2014 (Public Law 

24 113–66; 10 U.S.C. 2358 note) civilian personnel at the 

25 Department of Army Science and Technology Reinvention 
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1 Laboratories may not be managed on the basis of the 

2 Table of Distribution and Allowances, and the manage3 ment of the workforce strength shall be done in a manner 

4 consistent with the budget available with respect to such 

5 Laboratories. 

6 (d) Nothing in this section shall be construed to apply 

7 to military (civilian) technicians. 

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

9 Act shall be used in any way, directly or indirectly, to in10 fluence congressional action on any legislation or appro11 priation matters pending before the Congress. 

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

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

14 any member of the Army participating as a full-time stu15 dent and receiving benefits paid by the Secretary of Vet16 erans Affairs from the Department of Defense Education 

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

18 credited toward completion of a service commitment: Pro19 vided, That this section shall not apply to those members 

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

21 1987: Provided further, That this section applies only to 

22 active components of the Army. 

23 (TRANSFER OF FUNDS)

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

25 for the Department of Defense Pilot Mentor-Protege Pro-
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1 gram may be transferred to any other appropriation con2 tained in this Act solely for the purpose of implementing 

3 a Mentor-Protege Program developmental assistance 

4 agreement pursuant to section 831 of the National De5 fense Authorization Act for Fiscal Year 1991 (Public Law 

6 101–510; 10 U.S.C. 2302 note), as amended, under the 

7 authority of this provision or any other transfer authority 

8 contained in this Act. 

9 SEC. 8016. None of the funds in this Act may be 

10 available for the purchase by the Department of Defense 

11 (and its departments and agencies) of welded shipboard 

12 anchor and mooring chain 4 inches in diameter and under 

13 unless the anchor and mooring chain are manufactured 

14 in the United States from components which are substan15 tially manufactured in the United States: Provided, That 

16 for the purpose of this section, the term ‘‘manufactured’’ 

17 shall include cutting, heat treating, quality control, testing 

18 of chain and welding (including the forging and shot blast19 ing process): Provided further, That for the purpose of this 

20 section substantially all of the components of anchor and 

21 mooring chain shall be considered to be produced or manu22 factured in the United States if the aggregate cost of the 

23 components produced or manufactured in the United 

24 States exceeds the aggregate cost of the components pro25 duced or manufactured outside the United States: Pro-
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1 vided further, That when adequate domestic supplies are 

2 not available to meet Department of Defense requirements 

3 on a timely basis, the Secretary of the service responsible 

4 for the procurement may waive this restriction on a case5 by-case basis by certifying in writing to the Committees 

6 on Appropriations that such an acquisition must be made 

7 in order to acquire capability for national security pur8 poses. 

9 SEC. 8017. None of the funds available to the De10 partment of Defense in the current fiscal year or any fiscal 

11 year hereafter may be used to demilitarize or dispose of 

12 M–1 Carbines, M–1 Garand rifles, M–14 rifles, .22 caliber 

13 rifles, .30 caliber rifles, or M–1911 pistols, or to demili14 tarize or destroy small arms ammunition or ammunition 

15 components that are not otherwise prohibited from com16 mercial sale under Federal law, unless the small arms am17 munition or ammunition components are certified by the 

18 Secretary of the Army or designee as unserviceable or un19 safe for further use. 

20 SEC. 8018. No more than $500,000 of the funds ap21 propriated or made available in this Act shall be used dur22 ing a single fiscal year for any single relocation of an orga23 nization, unit, activity or function of the Department of 

24 Defense into or within the National Capital Region: Pro25 vided, That the Secretary of Defense may waive this re-
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1 striction on a case-by-case basis by certifying in writing 

2 to the congressional defense committees that such a relo3 cation is required in the best interest of the Government. 

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

5 $15,000,000 shall be available for incentive payments au6 thorized by section 504 of the Indian Financing Act of 

7 1974 (25 U.S.C. 1544): Provided, That a prime contractor 

8 or a subcontractor at any tier that makes a subcontract 

9 award to any subcontractor or supplier as defined in sec10 tion 1544 of title 25, United States Code, or a small busi11 ness owned and controlled by an individual or individuals 

12 defined under section 4221(9) of title 25, United States 

13 Code, shall be considered a contractor for the purposes 

14 of being allowed additional compensation under section 

15 504 of the Indian Financing Act of 1974 (25 U.S.C. 

16 1544) whenever the prime contract or subcontract amount 

17 is over $500,000 and involves the expenditure of funds 

18 appropriated by an Act making appropriations for the De19 partment of Defense with respect to any fiscal year: Pro20 vided further, That notwithstanding section 1906 of title 

21 41, United States Code, this section shall be applicable 

22 to any Department of Defense acquisition of supplies or 

23 services, including any contract and any subcontract at 

24 any tier for acquisition of commercial items produced or 

25 manufactured, in whole or in part, by any subcontractor 
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1 or supplier defined in section 1544 of title 25, United 

2 States Code, or a small business owned and controlled by 

3 an individual or individuals defined under section 4221(9) 

4 of title 25, United States Code. 

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

6 Defense Media Activity shall not be used for any national 

7 or international political or psychological activities. 

8 SEC. 8021. During the current fiscal year, the De9 partment of Defense is authorized to incur obligations of 

10 not to exceed $350,000,000 for purposes specified in sec11 tion 2350j(c) of title 10, United States Code, in anticipa12 tion of receipt of contributions, only from the Government 

13 of Kuwait, under that section: Provided, That upon re14 ceipt, such contributions from the Government of Kuwait 

15 shall be credited to the appropriations or fund which in16 curred such obligations. 

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

18 Act, not less than $39,500,000 shall be available for the 

19 Civil Air Patrol Corporation, of which— 

20 (1) $27,400,000 shall be available from ‘‘Oper21 ation and Maintenance, Air Force’’ to support Civil 

22 Air Patrol Corporation operation and maintenance, 

23 readiness, counter-drug activities, and drug demand 

24 reduction activities involving youth programs; 
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1 (2) $10,400,000 shall be available from ‘‘Air2 craft Procurement, Air Force’’; and 

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

4 Procurement, Air Force’’ for vehicle procurement. 

5 (b) The Secretary of the Air Force should waive reim6 bursement for any funds used by the Civil Air Patrol for 

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

8 local government agencies. 

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

10 Act are available to establish a new Department of De11 fense (department) federally funded research and develop12 ment center (FFRDC), either as a new entity, or as a 

13 separate entity administrated by an organization man14 aging another FFRDC, or as a nonprofit membership cor15 poration consisting of a consortium of other FFRDCs and 

16 other nonprofit entities. 

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

18 Overseers, Advisory Group, Special Issues Panel, Visiting 

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

20 and no paid consultant to any defense FFRDC, except 

21 when acting in a technical advisory capacity, may be com22 pensated for his or her services as a member of such enti23 ty, or as a paid consultant by more than one FFRDC in 

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

25 referred to previously in this subsection shall be allowed 
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1 travel expenses and per diem as authorized under the Fed2 eral Joint Travel Regulations, when engaged in the per3 formance of membership duties. 

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

5 of the funds available to the department from any source 

6 during fiscal year 2016 may be used by a defense FFRDC, 

7 through a fee or other payment mechanism, for construc8 tion of new buildings, for payment of cost sharing for 

9 projects funded by Government grants, for absorption of 

10 contract overruns, or for certain charitable contributions, 

11 not to include employee participation in community service 

12 and/or development. 

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

14 the funds available to the department during fiscal year 

15 2016, not more than 5,750 staff years of technical effort 

16 (staff years) may be funded for defense FFRDCs: Pro17 vided, That of the specific amount referred to previously 

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

19 be funded for the defense studies and analysis FFRDCs: 

20 Provided further, That this subsection shall not apply to 

21 staff years funded in the National Intelligence Program 

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

23 (e) The Secretary of Defense shall, with the submis24 sion of the department’s fiscal year 2017 budget request, 

25 submit a report presenting the specific amounts of staff 
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1 years of technical effort to be allocated for each defense 

2 FFRDC during that fiscal year and the associated budget 

3 estimates. 

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

5 the total amount appropriated in this Act for FFRDCs 

6 is hereby reduced by $88,400,000. 

7 SEC. 8024. None of the funds appropriated or made 

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

9 or armor steel plate for use in any Government-owned fa10 cility or property under the control of the Department of 

11 Defense which were not melted and rolled in the United 

12 States or Canada: Provided, That these procurement re13 strictions shall apply to any and all Federal Supply Class 

14 9515, American Society of Testing and Materials (ASTM) 

15 or American Iron and Steel Institute (AISI) specifications 

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

17 That the Secretary of the military department responsible 

18 for the procurement may waive this restriction on a case19 by-case basis by certifying in writing to the Committees 

20 on Appropriations of the House of Representatives and the 

21 Senate that adequate domestic supplies are not available 

22 to meet Department of Defense requirements on a timely 

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

24 to acquire capability for national security purposes: Pro25 vided further, That these restrictions shall not apply to 
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1 contracts which are in being as of the date of the enact2 ment of this Act. 

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

4 ‘‘congressional defense committees’’ means the Armed 

5 Services Committee of the House of Representatives, the 

6 Armed Services Committee of the Senate, the Sub7 committee on Defense of the Committee on Appropriations 

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

9 Committee on Appropriations of the House of Representa10 tives. 

11 SEC. 8026. During the current fiscal year, the De12 partment of Defense may acquire the modification, depot 

13 maintenance and repair of aircraft, vehicles and vessels 

14 as well as the production of components and other De15 fense-related articles, through competition between De16 partment of Defense depot maintenance activities and pri17 vate firms: Provided, That the Senior Acquisition Execu18 tive of the military department or Defense Agency con19 cerned, with power of delegation, shall certify that success20 ful bids include comparable estimates of all direct and in21 direct costs for both public and private bids: Provided fur22 ther, That Office of Management and Budget Circular A– 

23 76 shall not apply to competitions conducted under this 

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

2 consultation with the United States Trade Representative, 

3 determines that a foreign country which is party to an 

4 agreement described in paragraph (2) has violated the 

5 terms of the agreement by discriminating against certain 

6 types of products produced in the United States that are 

7 covered by the agreement, the Secretary of Defense shall 

8 rescind the Secretary’s blanket waiver of the Buy Amer9 ican Act with respect to such types of products produced 

10 in that foreign country. 

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

12 reciprocal defense procurement memorandum of under13 standing, between the United States and a foreign country 

14 pursuant to which the Secretary of Defense has prospec15 tively waived the Buy American Act for certain products 

16 in that country. 

17 (b) The Secretary of Defense shall submit to the Con18 gress a report on the amount of Department of Defense 

19 purchases from foreign entities in fiscal year 2016. Such 

20 report shall separately indicate the dollar value of items 

21 for which the Buy American Act was waived pursuant to 

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

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

24 international agreement to which the United States is a 

25 party. 
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1 (c) For purposes of this section, the term ‘‘Buy 

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

3 States Code. 

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

5 contained in the Department of Defense Overseas Military 

6 Facility Investment Recovery Account established by sec7 tion 2921(c)(1) of the National Defense Authorization Act 

8 of 1991 (Public Law 101–510; 10 U.S.C. 2687 note) shall 

9 be available until expended for the payments specified by 

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

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

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

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

14 tribes located in the States of Nevada, Idaho, North Da15 kota, South Dakota, Montana, Oregon, Minnesota, and 

16 Washington relocatable military housing units located at 

17 Grand Forks Air Force Base, Malmstrom Air Force Base, 

18 Mountain Home Air Force Base, Ellsworth Air Force 

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

20 needs of the Air Force. 

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

22 no cost to the Air Force, military housing units under sub23 section (a) in accordance with the request for such units 

24 that are submitted to the Secretary by the Operation 

25 Walking Shield Program on behalf of Indian tribes located 
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1 in the States of Nevada, Idaho, North Dakota, South Da2 kota, Montana, Oregon, Minnesota, and Washington. Any 

3 such conveyance shall be subject to the condition that the 

4 housing units shall be removed within a reasonable period 

5 of time, as determined by the Secretary. 

6 (c) The Operation Walking Shield Program shall re7 solve any conflicts among requests of Indian tribes for 

8 housing units under subsection (a) before submitting re9 quests to the Secretary of the Air Force under subsection 

10 (b). 

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

12 any recognized Indian tribe included on the current list 

13 published by the Secretary of the Interior under section 

14 104 of the Federally Recognized Indian Tribe Act of 1994 

15 (Public Law 103–454; 108 Stat. 4792; 25 U.S.C. 479a– 

16 1). 

17 SEC. 8030. During the current fiscal year, appropria18 tions which are available to the Department of Defense 

19 for operation and maintenance may be used to purchase 

20 items having an investment item unit cost of not more 

21 than $250,000. 

22 SEC. 8031. None of the funds made available by this 

23 Act may be used to— 

24 (1) disestablish, or prepare to disestablish, a 

25 Senior Reserve Officers’ Training Corps program in 
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1 accordance with Department of Defense Instruction 

2 Number 1215.08, dated June 26, 2006; or 

3 (2) close, downgrade from host to extension 

4 center, or place on probation a Senior Reserve Offi5 cers’ Training Corps program in accordance with the 

6 information paper of the Department of the Army 

7 titled ‘‘Army Senior Reserve Officers’ Training 

8 Corps (SROTC) Program Review and Criteria’’, 

9 dated January 27, 2014. 

10 SEC. 8032. (a) During the current fiscal year, none 

11 of the appropriations or funds available to the Department 

12 of Defense Working Capital Funds shall be used for the 

13 purchase of an investment item for the purpose of acquir14 ing a new inventory item for sale or anticipated sale dur15 ing the current fiscal year or a subsequent fiscal year to 

16 customers of the Department of Defense Working Capital 

17 Funds if such an item would not have been chargeable 

18 to the Department of Defense Business Operations Fund 

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

20 investment item would be chargeable during the current 

21 fiscal year to appropriations made to the Department of 

22 Defense for procurement. 

23 (b) The fiscal year 2017 budget request for the De24 partment of Defense as well as all justification material 

25 and other documentation supporting the fiscal year 2017 
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1 Department of Defense budget shall be prepared and sub2 mitted to the Congress on the basis that any equipment 

3 which was classified as an end item and funded in a pro4 curement appropriation contained in this Act shall be 

5 budgeted for in a proposed fiscal year 2017 procurement 

6 appropriation and not in the supply management business 

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

8 Defense Working Capital Funds. 

9 SEC. 8033. None of the funds appropriated by this 

10 Act for programs of the Central Intelligence Agency shall 

11 remain available for obligation beyond the current fiscal 

12 year, except for funds appropriated for the Reserve for 

13 Contingencies, which shall remain available until Sep14 tember 30, 2017: Provided, That funds appropriated, 

15 transferred, or otherwise credited to the Central Intel16 ligence Agency Central Services Working Capital Fund 

17 during this or any prior or subsequent fiscal year shall 

18 remain available until expended: Provided further, That 

19 any funds appropriated or transferred to the Central Intel20 ligence Agency for advanced research and development ac21 quisition, for agent operations, and for covert action pro22 grams authorized by the President under section 503 of 

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

24 remain available until September 30, 2017. 
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1 SEC. 8034. Notwithstanding any other provision of 

2 law, funds made available in this Act for the Defense In3 telligence Agency may be used for the design, develop4 ment, and deployment of General Defense Intelligence 

5 Program intelligence communications and intelligence in6 formation systems for the Services, the Unified and Speci7 fied Commands, and the component commands. 

8 SEC. 8035. Of the funds appropriated to the Depart9 ment of Defense under the heading ‘‘Operation and Main10 tenance, Defense-Wide’’, not less than $12,000,000 shall 

11 be made available only for the mitigation of environmental 

12 impacts, including training and technical assistance to 

13 tribes, related administrative support, the gathering of in14 formation, documenting of environmental damage, and de15 veloping a system for prioritization of mitigation and cost 

16 to complete estimates for mitigation, on Indian lands re17 sulting from Department of Defense activities. 

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

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

20 Defense unless the entity, in expending the funds, com21 plies with the Buy American Act. For purposes of this 

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

23 83 of title 41, United States Code. 

24 (b) If the Secretary of Defense determines that a per25 son has been convicted of intentionally affixing a label 
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1 bearing a ‘‘Made in America’’ inscription to any product 

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

3 in America, the Secretary shall determine, in accordance 

4 with section 2410f of title 10, United States Code, wheth5 er the person should be debarred from contracting with 

6 the Department of Defense. 

7 (c) In the case of any equipment or products pur8 chased with appropriations provided under this Act, it is 

9 the sense of the Congress that any entity of the Depart10 ment of Defense, in expending the appropriation, purchase 

11 only American-made equipment and products, provided 

12 that American-made equipment and products are cost13 competitive, quality competitive, and available in a timely 

14 fashion. 

15 SEC. 8037. None of the funds appropriated by this 

16 Act shall be available for a contract for studies, analysis, 

17 or consulting services entered into without competition on 

18 the basis of an unsolicited proposal unless the head of the 

19 activity responsible for the procurement determines— 

20 (1) as a result of thorough technical evaluation, 

21 only one source is found fully qualified to perform 

22 the proposed work; 

23 (2) the purpose of the contract is to explore an 

24 unsolicited proposal which offers significant sci25 entific or technological promise, represents the prod-
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1 uct of original thinking, and was submitted in con2 fidence by one source; or 

3 (3) the purpose of the contract is to take ad4 vantage of unique and significant industrial accom5 plishment by a specific concern, or to insure that a 

6 new product or idea of a specific concern is given fi7 nancial support: Provided, That this limitation shall 

8 not apply to contracts in an amount of less than 

9 $25,000, contracts related to improvements of equip10 ment that is in development or production, or con11 tracts as to which a civilian official of the Depart12 ment of Defense, who has been confirmed by the 

13 Senate, determines that the award of such contract 

14 is in the interest of the national defense. 

15 SEC. 8038. (a) Except as provided in subsections (b) 

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

17 be used— 

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

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

20 Armed Forces or civilian employee of the depart21 ment who is transferred or reassigned from a head22 quarters activity if the member or employee’s place 

23 of duty remains at the location of that headquarters. 

24 (b) The Secretary of Defense or Secretary of a mili25 tary department may waive the limitations in subsection 
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1 (a), on a case-by-case basis, if the Secretary determines, 

2 and certifies to the Committees on Appropriations of the 

3 House of Representatives and the Senate that the grant4 ing of the waiver will reduce the personnel requirements 

5 or the financial requirements of the department. 

6 (c) This section does not apply to— 

7 (1) field operating agencies funded within the 

8 National Intelligence Program; 

9 (2) an Army field operating agency established 

10 to eliminate, mitigate, or counter the effects of im11 provised explosive devices, and, as determined by the 

12 Secretary of the Army, other similar threats; 

13 (3) an Army field operating agency established 

14 to improve the effectiveness and efficiencies of bio15 metric activities and to integrate common biometric 

16 technologies throughout the Department of Defense; 

17 or 

18 (4) an Air Force field operating agency estab19 lished to administer the Air Force Mortuary Affairs 

20 Program and Mortuary Operations for the Depart21 ment of Defense and authorized Federal entities. 

22 SEC. 8039. (a) None of the funds appropriated by 

23 this Act shall be available to convert to contractor per24 formance an activity or function of the Department of De25 fense that, on or after the date of the enactment of this 
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1 Act, is performed by Department of Defense civilian em2 ployees unless— 

3 (1) the conversion is based on the result of a 

4 public-private competition that includes a most effi5 cient and cost effective organization plan developed 

6 by such activity or function; 

7 (2) the Competitive Sourcing Official deter8 mines that, over all performance periods stated in 

9 the solicitation of offers for performance of the ac10 tivity or function, the cost of performance of the ac11 tivity or function by a contractor would be less costly 

12 to the Department of Defense by an amount that 

13 equals or exceeds the lesser of— 

14 (A) 10 percent of the most efficient organi15 zation’s personnel-related costs for performance 

16 of that activity or function by Federal employ17 ees; or 

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

19 (3) the contractor does not receive an advan20 tage for a proposal that would reduce costs for the 

21 Department of Defense by— 

22 (A) not making an employer-sponsored 

23 health insurance plan available to the workers 

24 who are to be employed in the performance of 

25 that activity or function under the contract; or 
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1 (B) offering to such workers an employer2 sponsored health benefits plan that requires the 

3 employer to contribute less towards the pre4 mium or subscription share than the amount 

5 that is paid by the Department of Defense for 

6 health benefits for civilian employees under 

7 chapter 89 of title 5, United States Code. 

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

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

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

11 notwithstanding any administrative regulation, require12 ment, or policy to the contrary shall have full authority 

13 to enter into a contract for the performance of any com14 mercial or industrial type function of the Department of 

15 Defense that— 

16 (A) is included on the procurement list es17 tablished pursuant to section 2 of the Javits18 Wagner-O’Day Act (section 8503 of title 41, 

19 United States Code); 

20 (B) is planned to be converted to perform21 ance by a qualified nonprofit agency for the 

22 blind or by a qualified nonprofit agency for 

23 other severely handicapped individuals in ac24 cordance with that Act; or 
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1 (C) is planned to be converted to perform2 ance by a qualified firm under at least 51 per3 cent ownership by an Indian tribe, as defined in 

4 section 4(e) of the Indian Self-Determination 

5 and Education Assistance Act (25 U.S.C. 

6 450b(e)), or a Native Hawaiian Organization, 

7 as defined in section 8(a)(15) of the Small 

8 Business Act (15 U.S.C. 637(a)(15)). 

9 (2) This section shall not apply to depot con10 tracts or contracts for depot maintenance as pro11 vided in sections 2469 and 2474 of title 10, United 

12 States Code. 

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

14 Department of Defense under the authority provided by 

15 this section shall be credited toward any competitive or 

16 outsourcing goal, target, or measurement that may be es17 tablished by statute, regulation, or policy and is deemed 

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

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

20 States Code, for the competition or outsourcing of com21 mercial activities. 

22 (RESCISSIONS)

23 SEC. 8040. Of the funds appropriated in Department 

24 of Defense Appropriations Acts, the following funds are 

25 hereby rescinded from the following accounts and pro-
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1 grams in the specified amounts: Provided, That no 

2 amounts may be rescinded from amounts that were des3 ignated by the Congress for Overseas Contingency Oper4 ations/Global War on Terrorism or as an emergency re5 quirement pursuant to the Concurrent Resolution on the 

6 Budget or the Balanced Budget and Emergency Deficit 

7 Control Act of 1985, as amended: 

8 (1) ‘‘Other Procurement, Army’’, 2014/2016, 

9 $40,000,000; 

10 (2) ‘‘Aircraft Procurement, Navy’’, 2014/2016, 

11 $91,571,000; 

12 (3) ‘‘Weapons Procurement, Navy’’, 2014/2016, 

13 $888,000; 

14 (4) ‘‘Aircraft Procurement, Air Force’’, 2014/ 

15 2016, $2,300,000; 

16 (5) ‘‘Missile Procurement, Air Force’’, 2014/ 

17 2016, $1,000,000; 

18 (6) ‘‘Procurement of Ammunition, Air Force’’, 

19 2014/2016, $12,600,000; 

20 (7) ‘‘Other Procurement, Air Force’’, 2014/ 

21 2016, $14,000,000; 

22 (8) ‘‘Procurement of Weapons and Tracked 

23 Combat Vehicles, Army’’, 2015/2017, $30,000,000; 

24 (9) ‘‘Other Procurement, Army’’, 2015/2017, 

25 $30,000,000; 
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1 (10) ‘‘Aircraft Procurement, Navy’’, 2015/2017, 

2 $49,377,000; 

3 (11) ‘‘Weapons Procurement, Navy’’, 2015/ 

4 2017, $15,422,000; 

5 (12) ‘‘Procurement of Ammunition, Navy and 

6 Marine Corps’’, 2015/2017, $8,906,000; 

7 (13) ‘‘Procurement, Marine Corps’’, 2015/2017, 

8 $88,996,000; 

9 (14) ‘‘Aircraft Procurement, Air Force’’, 2015/ 

10 2017, $108,870,000; 

11 (15) ‘‘Missile Procurement, Air Force’’, 2015/ 

12 2017, $75,000,000; 

13 (16) ‘‘Other Procurement, Air Force’’, 2015/ 

14 2017, $8,000,000; 

15 (17) ‘‘Research, Development, Test and Evalua16 tion, Navy’’, 2015/2016, $232,228,000; and 

17 (18) ‘‘Research, Development, Test and Evalua18 tion, Air Force’’, 2015/2016, $60,271,000. 

19 SEC. 8041. None of the funds available in this Act 

20 may be used to reduce the authorized positions for mili21 tary technicians (dual status) of the Army National 

22 Guard, Air National Guard, Army Reserve and Air Force 

23 Reserve for the purpose of applying any administratively 

24 imposed civilian personnel ceiling, freeze, or reduction on 

25 military technicians (dual status), unless such reductions 
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1 are a direct result of a reduction in military force struc2 ture. 

3 SEC. 8042. None of the funds appropriated or other4 wise made available in this Act may be obligated or ex5 pended for assistance to the Democratic People’s Republic 

6 of Korea unless specifically appropriated for that purpose. 

7 SEC. 8043. Funds appropriated in this Act for oper8 ation and maintenance of the Military Departments, Com9 batant Commands and Defense Agencies shall be available 

10 for reimbursement of pay, allowances and other expenses 

11 which would otherwise be incurred against appropriations 

12 for the National Guard and Reserve when members of the 

13 National Guard and Reserve provide intelligence or coun14 terintelligence support to Combatant Commands, Defense 

15 Agencies and Joint Intelligence Activities, including the 

16 activities and programs included within the National Intel17 ligence Program and the Military Intelligence Program: 

18 Provided, That nothing in this section authorizes deviation 

19 from established Reserve and National Guard personnel 

20 and training procedures. 

21 SEC. 8044. (a) None of the funds available to the 

22 Department of Defense for any fiscal year for drug inter23 diction or counter-drug activities may be transferred to 

24 any other department or agency of the United States ex25 cept as specifically provided in an appropriations law. 
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1 (b) None of the funds available to the Central Intel2 ligence Agency for any fiscal year for drug interdiction or 

3 counter-drug activities may be transferred to any other de4 partment or agency of the United States except as specifi5 cally provided in an appropriations law. 

6 SEC. 8045. None of the funds appropriated by this 

7 Act may be used for the procurement of ball and roller 

8 bearings other than those produced by a domestic source 

9 and of domestic origin: Provided, That the Secretary of 

10 the military department responsible for such procurement 

11 may waive this restriction on a case-by-case basis by certi12 fying in writing to the Committees on Appropriations of 

13 the House of Representatives and the Senate, that ade14 quate domestic supplies are not available to meet Depart15 ment of Defense requirements on a timely basis and that 

16 such an acquisition must be made in order to acquire ca17 pability for national security purposes: Provided further, 

18 That this restriction shall not apply to the purchase of 

19 ‘‘commercial items’’, as defined by section 103 of title 41, 

20 United States Code, except that the restriction shall apply 

21 to ball or roller bearings purchased as end items. 

22 SEC. 8046. In addition to the amounts appropriated 

23 or otherwise made available elsewhere in this Act, 

24 $44,000,000 (increased by $10,000,000) is hereby appro25 priated to the Department of Defense: Provided, That 
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1 upon the determination of the Secretary of Defense that 

2 it shall serve the national interest, the Secretary shall 

3 make grants in the amounts specified as follows: 

4 $20,000,000 (increased by $10,000,000) to the United 

5 Service Organizations and $24,000,000 to the Red Cross. 

6 SEC. 8047. None of the funds in this Act may be 

7 used to purchase any supercomputer which is not manu8 factured in the United States, unless the Secretary of De9 fense certifies to the congressional defense committees 

10 that such an acquisition must be made in order to acquire 

11 capability for national security purposes that is not avail12 able from United States manufacturers. 

13 SEC. 8048. Notwithstanding any other provision in 

14 this Act, the Small Business Innovation Research program 

15 and the Small Business Technology Transfer program set16 asides may be taken from programs, projects, or activities 

17 to the extent they contribute to the extramural budget. 

18 SEC. 8049. None of the funds available to the De19 partment of Defense under this Act shall be obligated or 

20 expended to pay a contractor under a contract with the 

21 Department of Defense for costs of any amount paid by 

22 the contractor to an employee when— 

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

24 excess of the normal salary paid by the contractor 

25 to the employee; and 
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1 (2) such bonus is part of restructuring costs as2 sociated with a business combination. 

3 (INCLUDING TRANSFER OF FUNDS)

4 SEC. 8050. During the current fiscal year, no more 

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

6 under the heading ‘‘Operation and Maintenance, Defense7 Wide’’ may be transferred to appropriations available for 

8 the pay of military personnel, to be merged with, and to 

9 be available for the same time period as the appropriations 

10 to which transferred, to be used in support of such per11 sonnel in connection with support and services for eligible 

12 organizations and activities outside the Department of De13 fense pursuant to section 2012 of title 10, United States 

14 Code. 

15 SEC. 8051. During the current fiscal year, in the case 

16 of an appropriation account of the Department of Defense 

17 for which the period of availability for obligation has ex18 pired or which has closed under the provisions of section 

19 1552 of title 31, United States Code, and which has a 

20 negative unliquidated or unexpended balance, an obliga21 tion or an adjustment of an obligation may be charged 

22 to any current appropriation account for the same purpose 

23 as the expired or closed account if— 

24 (1) the obligation would have been properly 

25 chargeable (except as to amount) to the expired or 
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1 closed account before the end of the period of avail2 ability or closing of that account; 

3 (2) the obligation is not otherwise properly 

4 chargeable to any current appropriation account of 

5 the Department of Defense; and 

6 (3) in the case of an expired account, the obli7 gation is not chargeable to a current appropriation 

8 of the Department of Defense under the provisions 

9 of section 1405(b)(8) of the National Defense Au10 thorization Act for Fiscal Year 1991, Public Law 

11 101–510, as amended (31 U.S.C. 1551 note): Pro12 vided, That in the case of an expired account, if sub13 sequent review or investigation discloses that there 

14 was not in fact a negative unliquidated or unex15 pended balance in the account, any charge to a cur16 rent account under the authority of this section shall 

17 be reversed and recorded against the expired ac18 count: Provided further, That the total amount 

19 charged to a current appropriation under this sec20 tion may not exceed an amount equal to 1 percent 

21 of the total appropriation for that account. 

22 SEC. 8052. (a) Notwithstanding any other provision 

23 of law, the Chief of the National Guard Bureau may per24 mit the use of equipment of the National Guard Distance 

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

2 Bureau shall establish the amount of reimbursement for 

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

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

5 credited to funds available for the National Guard Dis6 tance Learning Project and be available to defray the costs 

7 associated with the use of equipment of the project under 

8 that subsection. Such funds shall be available for such 

9 purposes without fiscal year limitation. 

10 (INCLUDING TRANSFER OF FUNDS)

11 SEC. 8054. Of the funds appropriated in this Act 

12 under the heading ‘‘Operation and Maintenance, Defense13 wide’’, $20,000,000 shall be for support of high priority 

14 Sexual Assault Prevention and Response Program require15 ments and activities, including the training and funding 

16 of personnel: Provided, That the funds are made available 

17 for transfer to the Department of the Army, the Depart18 ment of the Navy, and the Department of the Air Force: 

19 Provided further, That funds transferred shall be merged 

20 with and available for the same purposes and for the same 

21 time period as the appropriations to which the funds are 

22 transferred: Provided further, That this transfer authority 

23 is in addition to any other transfer authority provided in 

24 this Act. 
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1 SEC. 8055. None of the funds appropriated in title 

2 IV of this Act may be used to procure end-items for deliv3 ery to military forces for operational training, operational 

4 use or inventory requirements: Provided, That this restric5 tion does not apply to end-items used in development, 

6 prototyping, and test activities preceding and leading to 

7 acceptance for operational use: Provided further, That this 

8 restriction does not apply to programs funded within the 

9 National Intelligence Program: Provided further, That the 

10 Secretary of Defense may waive this restriction on a case11 by-case basis by certifying in writing to the Committees 

12 on Appropriations of the House of Representatives and the 

13 Senate that it is in the national security interest to do 

14 so. 

15 SEC. 8056. (a) The Secretary of Defense may, on a 

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

17 each limitation on the procurement of defense items from 

18 foreign sources provided in law if the Secretary determines 

19 that the application of the limitation with respect to that 

20 country would invalidate cooperative programs entered 

21 into between the Department of Defense and the foreign 

22 country, or would invalidate reciprocal trade agreements 

23 for the procurement of defense items entered into under 

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

25 country does not discriminate against the same or similar 
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1 defense items produced in the United States for that coun2 try. 

3 (b) Subsection (a) applies with respect to— 

4 (1) contracts and subcontracts entered into on 

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

6 (2) options for the procurement of items that 

7 are exercised after such date under contracts that 

8 are entered into before such date if the option prices 

9 are adjusted for any reason other than the applica10 tion of a waiver granted under subsection (a). 

11 (c) Subsection (a) does not apply to a limitation re12 garding construction of public vessels, ball and roller bear13 ings, food, and clothing or textile materials as defined by 

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

15 Schedule of the United States and products classified 

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

17 6505, 7019, 7218 through 7229, 7304.41 through 

18 7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109, 

19 8211, 8215, and 9404. 

20 SEC. 8057. (a) IN GENERAL.— 

21 (1) None of the funds made available by this 

22 Act may be used for any training, equipment, or 

23 other assistance for a unit of a foreign security force 

24 if the Secretary of Defense has credible information 
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1 that the unit has committed a gross violation of 

2 human rights. 

3 (2) The Secretary of Defense, in consultation 

4 with the Secretary of State, shall ensure that prior 

5 to a decision to provide any training, equipment, or 

6 other assistance to a unit of a foreign security force 

7 full consideration is given to any credible informa8 tion available to the Department of State relating to 

9 human rights violations by such unit. 

10 (b) EXCEPTION.—The prohibition in subsection 

11 (a)(1) shall not apply if the Secretary of Defense, after 

12 consultation with the Secretary of State, determines that 

13 the government of such country has taken all necessary 

14 corrective steps, or if the equipment or other assistance 

15 is necessary to assist in disaster relief operations or other 

16 humanitarian or national security emergencies. 

17 (c) WAIVER.—The Secretary of Defense, after con18 sultation with the Secretary of State, may waive the prohi19 bition in subsection (a)(1) if the Secretary of Defense de20 termines that such waiver is required by extraordinary cir21 cumstances. 

22 (d) PROCEDURES.—The Secretary of Defense shall 

23 establish, and periodically update, procedures to ensure 

24 that any information in the possession of the Department 

25 of Defense about gross violations of human rights by units 
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1 of foreign security forces is shared on a timely basis with 

2 the Department of State. 

3 (e) REPORT.—Not more than 15 days after the appli4 cation of any exception under subsection (b) or the exer5 cise of any waiver under subsection (c), the Secretary of 

6 Defense shall submit to the appropriate congressional 

7 committees a report— 

8 (1) in the case of an exception under subsection 

9 (b), providing notice of the use of the exception and 

10 stating the grounds for the exception; and 

11 (2) in the case of a waiver under subsection (c), 

12 describing the information relating to the gross vio13 lation of human rights; the extraordinary cir14 cumstances that necessitate the waiver; the purpose 

15 and duration of the training, equipment, or other as16 sistance; and the United States forces and the for17 eign security force unit involved. 

18 SEC. 8058. None of the funds appropriated or other19 wise made available by this or other Department of De20 fense Appropriations Acts may be obligated or expended 

21 for the purpose of performing repairs or maintenance to 

22 military family housing units of the Department of De23 fense, including areas in such military family housing 

24 units that may be used for the purpose of conducting offi25 cial Department of Defense business. 
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1 SEC. 8059. Notwithstanding any other provision of 

2 law, funds appropriated in this Act under the heading 

3 ‘‘Research, Development, Test and Evaluation, Defense4 Wide’’ for any new start advanced concept technology 

5 demonstration project or joint capability demonstration 

6 project may only be obligated 45 days after a report, in7 cluding a description of the project, the planned acquisi8 tion and transition strategy and its estimated annual and 

9 total cost, has been provided in writing to the congres10 sional defense committees: Provided, That the Secretary 

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

12 basis by certifying to the congressional defense committees 

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

14 SEC. 8060. The Secretary of Defense shall provide 

15 a classified quarterly report beginning 30 days after enact16 ment of this Act, to the House and Senate Appropriations 

17 Committees, Subcommittees on Defense on certain mat18 ters as directed in the classified annex accompanying this 

19 Act. 

20 SEC. 8061. Notwithstanding section 12310(b) of title 

21 10, United States Code, a Reserve who is a member of 

22 the National Guard serving on full-time National Guard 

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

24 may perform duties in support of the ground-based ele25 ments of the National Ballistic Missile Defense System. 
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1 SEC. 8062. None of the funds provided in this Act 

2 may be used to transfer to any nongovernmental entity 

3 ammunition held by the Department of Defense that has 

4 a center-fire cartridge and a United States military no5 menclature designation of ‘‘armor penetrator’’, ‘‘armor 

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

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

8 entity performing demilitarization services for the Depart9 ment of Defense under a contract that requires the entity 

10 to demonstrate to the satisfaction of the Department of 

11 Defense that armor piercing projectiles are either: (1) ren12 dered incapable of reuse by the demilitarization process; 

13 or (2) used to manufacture ammunition pursuant to a con14 tract with the Department of Defense or the manufacture 

15 of ammunition for export pursuant to a License for Per16 manent Export of Unclassified Military Articles issued by 

17 the Department of State. 

18 SEC. 8063. Notwithstanding any other provision of 

19 law, the Chief of the National Guard Bureau, or his des20 ignee, may waive payment of all or part of the consider21 ation that otherwise would be required under section 2667 

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

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

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

25 United States Code, or any other youth, social, or fra-
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1 ternal nonprofit organization as may be approved by the 

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

3 a case-by-case basis. 

4 SEC. 8064. 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. 
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1 (INCLUDING TRANSFER OF FUNDS)

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

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

4 $76,611,750 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. 8066. (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 (e) This section shall not be construed to alter or af15 fect the application of section 1623 of the National De16 fense Authorization Act for Fiscal Year 2016 to the 

17 amounts made available by this Act. 

18 SEC. 8067. In addition to amounts provided else19 where in this Act, $5,000,000 (increased by $5,000,000) 

20 is hereby appropriated to the Department of Defense, to 

21 remain available for obligation until expended: Provided, 

22 That notwithstanding any other provision of law, that 

23 upon the determination of the Secretary of Defense that 

24 it shall serve the national interest, these funds shall be 

25 available only for a grant to the Fisher House Foundation, 
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•HR 2685 EH

1 Inc., only for the construction and furnishing of additional 

2 Fisher Houses to meet the needs of military family mem3 bers when confronted with the illness or hospitalization of 

4 an eligible military beneficiary. 

5 (INCLUDING TRANSFER OF FUNDS)

6 SEC. 8068. Of the amounts appropriated in this Act 

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

8 ‘‘Research, Development, Test and Evaluation, Defense9 Wide’’, $487,595,000 shall be for the Israeli Cooperative 

10 Programs: Provided, That of this amount, $55,000,000 

11 shall be for the Secretary of Defense to provide to the Gov12 ernment of Israel for the procurement of the Iron Dome 

13 defense system to counter short-range rocket threats, sub14 ject to the United States-Israel Iron Dome Procurement 

15 Agreement, as amended; $286,526,000 shall be for the 

16 Short Range Ballistic Missile Defense (SRBMD) program, 

17 including cruise missile defense research and development 

18 under the SRBMD program, of which $15,000,000 shall 

19 be for production activities of SRBMD missiles in the 

20 United States and in Israel to meet Israel’s defense re21 quirements consistent with each nation’s laws, regulations, 

22 and procedures; $89,550,000 shall be for an upper-tier 

23 component to the Israeli Missile Defense Architecture; and 

24 $56,519,000 shall be for the Arrow System Improvement 

25 Program including development of a long range, ground 
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1 and airborne, detection suite: Provided further, That funds 

2 made available under this provision for production of mis3 siles and missile components may be transferred to appro4 priations available for the procurement of weapons and 

5 equipment, to be merged with and to be available for the 

6 same time period and the same purposes as the appropria7 tion to which transferred: Provided further, That the 

8 transfer authority provided under this provision is in addi9 tion to any other transfer authority contained in this Act. 

10 (INCLUDING TRANSFER OF FUNDS)

11 SEC. 8069. Of the amounts appropriated in this Act 

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

13 $389,305,000 shall be available until September 30, 2016, 

14 to fund prior year shipbuilding cost increases: Provided, 

15 That upon enactment of this Act, the Secretary of the 

16 Navy shall transfer funds to the following appropriations 

17 in the amounts specified: Provided further, That the 

18 amounts transferred shall be merged with and be available 

19 for the same purposes as the appropriations to which 

20 transferred to: 

21 (1) Under the heading ‘‘Shipbuilding and Con22 version, Navy’’, 2008/2016: Carrier Replacement 

23 Program $123,760,000; 
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1 (2) Under the heading ‘‘Shipbuilding and Con2 version, Navy’’, 2009/2016: LPD–17 Amphibious 

3 Transport Dock Program $22,860,000; 

4 (3) Under the heading ‘‘Shipbuilding and Con5 version, Navy’’, 2012/2016: CVN Refueling Over6 hauls Program $20,029,000; 

7 (4) Under the heading ‘‘Shipbuilding and Con8 version, Navy’’, 2012/2016: DDG–51 Destroyer 

9 $75,014,000; 

10 (5) Under the heading ‘‘Shipbuilding and Con11 version, Navy’’, 2012/2016: Littoral Combat Ship 

12 $82,674,000; 

13 (6) Under the heading ‘‘Shipbuilding and Con14 version, Navy’’, 2012/2016: Amphibious Transport 

15 Dock Program $38,733,000; 

16 (7) Under the heading ‘‘Shipbuilding and Con17 version, Navy’’, 2012/2016: Joint High Speed Vessel 

18 $22,597,000; and 

19 (8) Under the heading ‘‘Shipbuilding and Con20 version, Navy’’, 2013/2016: Joint High Speed Vessel 

21 $3,638,000. 

22 SEC. 8070. Funds appropriated by this Act, or made 

23 available by the transfer of funds in this Act, for intel24 ligence activities are deemed to be specifically authorized 

25 by the Congress for purposes of section 504 of the Na-
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1 tional Security Act of 1947 (50 U.S.C. 3094) during fiscal 

2 year 2016 until the enactment of the Intelligence Author3 ization Act for Fiscal Year 2016. 

4 SEC. 8071. None of the funds provided in this Act 

5 shall be available for obligation or expenditure through a 

6 reprogramming of funds that creates or initiates a new 

7 program, project, or activity unless such program, project, 

8 or activity must be undertaken immediately in the interest 

9 of national security and only after written prior notifica10 tion to the congressional defense committees. 

11 SEC. 8072. The budget of the President for fiscal 

12 year 2017 submitted to the Congress pursuant to section 

13 1105 of title 31, United States Code, shall include sepa14 rate budget justification documents for costs of United 

15 States Armed Forces’ participation in contingency oper16 ations for the Military Personnel accounts, the Operation 

17 and Maintenance accounts, the Procurement accounts, 

18 and the Research, Development, Test and Evaluation ac19 counts: Provided, That these documents shall include a de20 scription of the funding requested for each contingency op21 eration, for each military service, to include all Active and 

22 Reserve components, and for each appropriations account: 

23 Provided further, That these documents shall include esti24 mated costs for each element of expense or object class, 

25 a reconciliation of increases and decreases for each contin-
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1 gency operation, and programmatic data including, but 

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

3 component, and estimates of the major weapons systems 

4 deployed in support of each contingency: Provided further, 

5 That these documents shall include budget exhibits OP– 

6 5 and OP–32 (as defined in the Department of Defense 

7 Financial Management Regulation) for all contingency op8 erations for the budget year and the two preceding fiscal 

9 years. 

10 SEC. 8073. None of the funds in this Act may be 

11 used for research, development, test, evaluation, procure12 ment or deployment of nuclear armed interceptors of a 

13 missile defense system. 

14 SEC. 8074. Notwithstanding any other provision of 

15 this Act, to reflect savings due to favorable foreign ex16 change rates, the total amount appropriated in this Act 

17 is hereby reduced by $1,152,206,000. 

18 SEC. 8075. None of the funds appropriated or made 

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

20 the operation of the 53rd Weather Reconnaissance Squad21 ron of the Air Force Reserve, if such action would reduce 

22 the WC–130 Weather Reconnaissance mission below the 

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

24 shall allow the 53rd Weather Reconnaissance Squadron to 
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1 perform other missions in support of national defense re2 quirements during the non-hurricane season. 

3 SEC. 8076. None of the funds provided in this Act 

4 shall be available for integration of foreign intelligence in5 formation unless the information has been lawfully col6 lected and processed during the conduct of authorized for7 eign intelligence activities: Provided, That information 

8 pertaining to United States persons shall only be handled 

9 in accordance with protections provided in the Fourth 

10 Amendment of the United States Constitution as imple11 mented through Executive Order No. 12333. 

12 SEC. 8077. (a) At the time members of reserve com13 ponents of the Armed Forces are called or ordered to ac14 tive duty under section 12302(a) of title 10, United States 

15 Code, each member shall be notified in writing of the ex16 pected period during which the member will be mobilized. 

17 (b) The Secretary of Defense may waive the require18 ments of subsection (a) in any case in which the Secretary 

19 determines that it is necessary to do so to respond to a 

20 national security emergency or to meet dire operational 

21 requirements of the Armed Forces. 

22 SEC. 8078. (a) None of the funds appropriated by 

23 this Act may be used to transfer research and develop24 ment, acquisition, or other program authority relating to 
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1 current tactical unmanned aerial vehicles (TUAVs) from 

2 the Army. 

3 (b) The Army shall retain responsibility for and oper4 ational control of the MQ–1C Gray Eagle Unmanned Aer5 ial Vehicle (UAV) in order to support the Secretary of De6 fense in matters relating to the employment of unmanned 

7 aerial vehicles. 

8 SEC. 8079. Up to $15,000,000 of the funds appro9 priated under the heading ‘‘Operation and Maintenance, 

10 Navy’’ may be made available for the Asia Pacific Re11 gional Initiative Program for the purpose of enabling the 

12 Pacific Command to execute Theater Security Cooperation 

13 activities such as humanitarian assistance, and payment 

14 of incremental and personnel costs of training and exer15 cising with foreign security forces: Provided, That funds 

16 made available for this purpose may be used, notwith17 standing any other funding authorities for humanitarian 

18 assistance, security assistance or combined exercise ex19 penses: Provided further, That funds may not be obligated 

20 to provide assistance to any foreign country that is other21 wise prohibited from receiving such type of assistance 

22 under any other provision of law. 

23 SEC. 8080. None of the funds appropriated by this 

24 Act for programs of the Office of the Director of National 

25 Intelligence shall remain available for obligation beyond 
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1 the current fiscal year, except for funds appropriated for 

2 research and technology, which shall remain available until 

3 September 30, 2017. 

4 SEC. 8081. For purposes of section 1553(b) of title 

5 31, United States Code, any subdivision of appropriations 

6 made in this Act under the heading ‘‘Shipbuilding and 

7 Conversion, Navy’’ shall be considered to be for the same 

8 purpose as any subdivision under the heading ‘‘Ship9 building and Conversion, Navy’’ appropriations in any 

10 prior fiscal year, and the 1 percent limitation shall apply 

11 to the total amount of the appropriation. 

12 SEC. 8082. (a) Not later than 60 days after the date 

13 of enactment of this Act, the Director of National Intel14 ligence shall submit a report to the congressional intel15 ligence committees to establish the baseline for application 

16 of reprogramming and transfer authorities for fiscal year 

17 2016: Provided, That the report shall include— 

18 (1) a table for each appropriation with a sepa19 rate column to display the President’s budget re20 quest, adjustments made by Congress, adjustments 

21 due to enacted rescissions, if appropriate, and the 

22 fiscal year enacted level; 

23 (2) a delineation in the table for each appro24 priation by Expenditure Center and project; and 
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1 (3) an identification of items of special congres2 sional interest. 

3 (b) None of the funds provided for the National Intel4 ligence Program in this Act shall be available for re5 programming or transfer until the report identified in sub6 section (a) is submitted to the congressional intelligence 

7 committees, unless the Director of National Intelligence 

8 certifies in writing to the congressional intelligence com9 mittees that such reprogramming or transfer is necessary 

10 as an emergency requirement. 

11 SEC. 8083. None of the funds made available by this 

12 Act may be used to eliminate, restructure, or realign Army 

13 Contracting Command–New Jersey or make dispropor14 tionate personnel reductions at any Army Contracting 

15 Command–New Jersey sites without 30-day prior notifica16 tion to the congressional defense committees. 

17 SEC. 8084. None of the funds made available by this 

18 Act for excess defense articles, assistance under section 

19 1206 of the National Defense Authorization Act for Fiscal 

20 Year 2006 (Public Law 109–163; 119 Stat. 3456), or 

21 peacekeeping operations for the countries designated an22 nually to be in violation of the standards of the Child Sol23 diers Prevention Act of 2008 (Public Law 110–457; 22 

24 U.S.C. 2370c–1) may be used to support any military 

25 training or operation that includes child soldiers, as de-
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1 fined by the Child Soldiers Prevention Act of 2008, unless 

2 such assistance is otherwise permitted under section 404 

3 of the Child Soldiers Prevention Act of 2008. 

4 (INCLUDING TRANSFER OF FUNDS)

5 SEC. 8085. Of the funds appropriated in the Intel6 ligence Community Management Account for the Program 

7 Manager for the Information Sharing Environment, 

8 $20,000,000 is available for transfer by the Director of 

9 National Intelligence to other departments and agencies 

10 for purposes of Government-wide information sharing ac11 tivities: Provided, That funds transferred under this provi12 sion are to be merged with and available for the same pur13 poses and time period as the appropriation to which trans14 ferred: Provided further, That the Office of Management 

15 and Budget must approve any transfers made under this 

16 provision. 

17 SEC. 8086. (a) None of the funds provided for the 

18 National Intelligence Program in this or any prior appro19 priations Act shall be available for obligation or expendi20 ture through a reprogramming or transfer of funds in ac21 cordance with section 102A(d) of the National Security 

22 Act of 1947 (50 U.S.C. 3024(d)) that— 

23 (1) creates a new start effort; 

24 (2) terminates a program with appropriated 

25 funding of $10,000,000 or more; 
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1 (3) transfers funding into or out of the Na2 tional Intelligence Program; or 

3 (4) transfers funding between appropriations, 

4 unless the congressional intelligence committees are 

5 notified 30 days in advance of such reprogramming 

6 of funds; this notification period may be reduced for 

7 urgent national security requirements. 

8 (b) None of the funds provided for the National Intel9 ligence Program in this or any prior appropriations Act 

10 shall be available for obligation or expenditure through a 

11 reprogramming or transfer of funds in accordance with 

12 section 102A(d) of the National Security Act of 1947 (50 

13 U.S.C. 3024(d)) that results in a cumulative increase or 

14 decrease of the levels specified in the classified annex ac15 companying the Act unless the congressional intelligence 

16 committees are notified 30 days in advance of such re17 programming of funds; this notification period may be re18 duced for urgent national security requirements. 

19 SEC. 8087. The Director of National Intelligence 

20 shall submit to Congress each year, at or about the time 

21 that the President’s budget is submitted to Congress that 

22 year under section 1105(a) of title 31, United States 

23 Code, a future-years intelligence program (including asso24 ciated annexes) reflecting the estimated expenditures and 

25 proposed appropriations included in that budget. Any such 
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1 future-years intelligence program shall cover the fiscal 

2 year with respect to which the budget is submitted and 

3 at least the four succeeding fiscal years. 

4 SEC. 8088. For the purposes of this Act, the term 

5 ‘‘congressional intelligence committees’’ means the Perma6 nent Select Committee on Intelligence of the House of 

7 Representatives, the Select Committee on Intelligence of 

8 the Senate, the Subcommittee on Defense of the Com9 mittee on Appropriations of the House of Representatives, 

10 and the Subcommittee on Defense of the Committee on 

11 Appropriations of the Senate. 

12 SEC. 8089. The Department of Defense shall con13 tinue to report incremental contingency operations costs 

14 for Operation Inherent Resolve, Operation Freedom’s Sen15 tinel, and any named successor operations, on a monthly 

16 basis and any other operation designated and identified 

17 by the Secretary of Defense for the purposes of section 

18 127a of title 10, United States Code, on a semi-annual 

19 basis in the Cost of War Execution Report as prescribed 

20 in the Department of Defense Financial Management 

21 Regulation Department of Defense Instruction 7000.14, 

22 Volume 12, Chapter 23 ‘‘Contingency Operations’’, Annex 

23 1, dated September 2005. 
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1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 8090. During the current fiscal year, not to ex3 ceed $11,000,000 from each of the appropriations made 

4 in title II of this Act for ‘‘Operation and Maintenance, 

5 Army’’, ‘‘Operation and Maintenance, Navy’’, and ‘‘Oper6 ation and Maintenance, Air Force’’ may be transferred by 

7 the military department concerned to its central fund es8 tablished for Fisher Houses and Suites pursuant to sec9 tion 2493(d) of title 10, United States Code. 

10 (INCLUDING TRANSFER OF FUNDS)

11 SEC. 8091. Funds appropriated by this Act may be 

12 available for the purpose of making remittances and trans13 fers to the Defense Acquisition Workforce Development 

14 Fund in accordance with section 1705 of title 10, United 

15 States Code. 

16 SEC. 8092. (a) Any agency receiving funds made 

17 available in this Act, shall, subject to subsections (b) and 

18 (c), post on the public Web site of that agency any report 

19 required to be submitted by the Congress in this or any 

20 other Act, upon the determination by the head of the agen21 cy that it shall serve the national interest. 

22 (b) Subsection (a) shall not apply to a report if— 

23 (1) the public posting of the report com24 promises national security; or 

25 (2) the report contains proprietary information. 
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1 (c) The head of the agency posting such report shall 

2 do so only after such report has been made available to 

3 the requesting Committee or Committees of Congress for 

4 no less than 45 days. 

5 SEC. 8093. (a) None of the funds appropriated or 

6 otherwise made available by this Act may be expended for 

7 any Federal contract for an amount in excess of 

8 $1,000,000, unless the contractor agrees not to— 

9 (1) enter into any agreement with any of its 

10 employees or independent contractors that requires, 

11 as a condition of employment, that the employee or 

12 independent contractor agree to resolve through ar13 bitration any claim under title VII of the Civil 

14 Rights Act of 1964 or any tort related to or arising 

15 out of sexual assault or harassment, including as16 sault and battery, intentional infliction of emotional 

17 distress, false imprisonment, or negligent hiring, su18 pervision, or retention; or 

19 (2) take any action to enforce any provision of 

20 an existing agreement with an employee or inde21 pendent contractor that mandates that the employee 

22 or independent contractor resolve through arbitra23 tion any claim under title VII of the Civil Rights Act 

24 of 1964 or any tort related to or arising out of sex25 ual assault or harassment, including assault and 
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1 battery, intentional infliction of emotional distress, 

2 false imprisonment, or negligent hiring, supervision, 

3 or retention. 

4 (b) None of the funds appropriated or otherwise 

5 made available by this Act may be expended for any Fed6 eral contract unless the contractor certifies that it requires 

7 each covered subcontractor to agree not to enter into, and 

8 not to take any action to enforce any provision of, any 

9 agreement as described in paragraphs (1) and (2) of sub10 section (a), with respect to any employee or independent 

11 contractor performing work related to such subcontract. 

12 For purposes of this subsection, a ‘‘covered subcon13 tractor’’ is an entity that has a subcontract in excess of 

14 $1,000,000 on a contract subject to subsection (a). 

15 (c) The prohibitions in this section do not apply with 

16 respect to a contractor’s or subcontractor’s agreements 

17 with employees or independent contractors that may not 

18 be enforced in a court of the United States. 

19 (d) The Secretary of Defense may waive the applica20 tion of subsection (a) or (b) to a particular contractor or 

21 subcontractor for the purposes of a particular contract or 

22 subcontract if the Secretary or the Deputy Secretary per23 sonally determines that the waiver is necessary to avoid 

24 harm to national security interests of the United States, 

25 and that the term of the contract or subcontract is not 
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1 longer than necessary to avoid such harm. The determina2 tion shall set forth with specificity the grounds for the 

3 waiver and for the contract or subcontract term selected, 

4 and shall state any alternatives considered in lieu of a 

5 waiver and the reasons each such alternative would not 

6 avoid harm to national security interests of the United 

7 States. The Secretary of Defense shall transmit to Con8 gress, and simultaneously make public, any determination 

9 under this subsection not less than 15 business days be10 fore the contract or subcontract addressed in the deter11 mination may be awarded. 

12 (INCLUDING TRANSFER OF FUNDS)

13 SEC. 8094. From within the funds appropriated for 

14 operation and maintenance for the Defense Health Pro15 gram in this Act, up to $121,000,000, shall be available 

16 for transfer to the Joint Department of Defense-Depart17 ment of Veterans Affairs Medical Facility Demonstration 

18 Fund in accordance with the provisions of section 1704 

19 of the National Defense Authorization Act for Fiscal Year 

20 2010, Public Law 111–84: Provided, That for purposes 

21 of section 1704(b), the facility operations funded are oper22 ations of the integrated Captain James A. Lovell Federal 

23 Health Care Center, consisting of the North Chicago Vet24 erans Affairs Medical Center, the Navy Ambulatory Care 

25 Center, and supporting facilities designated as a combined 
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1 Federal medical facility as described by section 706 of 

2 Public Law 110–417: Provided further, That additional 

3 funds may be transferred from funds appropriated for op4 eration and maintenance for the Defense Health Program 

5 to the Joint Department of Defense-Department of Vet6 erans Affairs Medical Facility Demonstration Fund upon 

7 written notification by the Secretary of Defense to the 

8 Committees on Appropriations of the House of Represent9 atives and the Senate. 

10 SEC. 8095. The Office of the Director of National 

11 Intelligence shall not employ more senior executive em12 ployees than are specified in the classified annex. 

13 SEC. 8096. Appropriations available to the Depart14 ment of Defense may be used for the purchase of heavy 

15 and light armored vehicles for the physical security of per16 sonnel or for force protection purposes up to a limit of 

17 $450,000 per vehicle, notwithstanding price or other limi18 tations applicable to the purchase of passenger carrying 

19 vehicles. 

20 SEC. 8097. None of the funds appropriated or other21 wise made available by this Act or any other Act may be 

22 used by the Department of Defense or a component there23 of in contravention of section 1661, 1662, or 1663 of the 

24 National Defense Authorization Act for Fiscal Year 2016. 
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1 SEC. 8098. The Secretary of Defense shall report 

2 quarterly the numbers of civilian personnel end strength 

3 by appropriation account for each and every appropriation 

4 account used to finance Federal civilian personnel salaries 

5 to the congressional defense committees within 15 days 

6 after the end of each fiscal quarter. 

7 (INCLUDING TRANSFER OF FUNDS)

8 SEC. 8099. Upon a determination by the Director of 

9 National Intelligence that such action is necessary and in 

10 the national interest, the Director may, with the approval 

11 of the Office of Management and Budget, transfer not to 

12 exceed $1,000,000,000 of the funds made available in this 

13 Act for the National Intelligence Program: Provided, That 

14 such authority to transfer may not be used unless for 

15 higher priority items, based on unforeseen intelligence re16 quirements, than those for which originally appropriated 

17 and in no case where the item for which funds are re18 quested has been denied by the Congress: Provided further, 

19 That a request for multiple reprogrammings of funds 

20 using authority provided in this section shall be made 

21 prior to June 30, 2016. 

22 SEC. 8100. None of the funds appropriated or other23 wise made available in this or any other Act may be used 

24 to transfer, release, or assist in the transfer or release to 
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1 or within the United States, its territories, or possessions 

2 Khalid Sheikh Mohammed or any other detainee who— 

3 (1) is not a United States citizen or a member 

4 of the Armed Forces of the United States; and 

5 (2) is or was held on or after June 24, 2009, 

6 at United States Naval Station, Guantanamo Bay, 

7 Cuba, by the Department of Defense. 

8 SEC. 8101. (a) None of the funds appropriated or 

9 otherwise made available in this or any other Act may be 

10 used to construct, acquire, or modify any facility in the 

11 United States, its territories, or possessions to house any 

12 individual described in subsection (c) for the purposes of 

13 detention or imprisonment in the custody or under the ef14 fective control of the Department of Defense. 

15 (b) The prohibition in subsection (a) shall not apply 

16 to any modification of facilities at United States Naval 

17 Station, Guantanamo Bay, Cuba. 

18 (c) An individual described in this subsection is any 

19 individual who, as of June 24, 2009, is located at United 

20 States Naval Station, Guantanamo Bay, Cuba, and who— 

21 (1) is not a citizen of the United States or a 

22 member of the Armed Forces of the United States; 

23 and 

24 (2) is— 
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1 (A) in the custody or under the effective 

2 control of the Department of Defense; or 

3 (B) otherwise under detention at United 

4 States Naval Station, Guantanamo Bay, Cuba. 

5 SEC. 8102. None of the funds appropriated or other6 wise made available in this Act may be used to transfer 

7 any individual detained at United States Naval Station 

8 Guantanamo Bay, Cuba, to the custody or control of the 

9 individual’s country of origin, any other foreign country, 

10 or any other foreign entity except in accordance with sec11 tion 1035 of the National Defense Authorization Act for 

12 Fiscal Year 2014. 

13 SEC. 8103. None of the funds made available by this 

14 Act may be used in contravention of the War Powers Res15 olution (50 U.S.C. 1541 et seq.). 

16 SEC. 8104. None of the funds made available by this 

17 Act may be used by the Department of Defense or any 

18 other Federal agency to lease or purchase new light duty 

19 vehicles, for any executive fleet, or for any agency’s fleet 

20 inventory, except in accordance with Presidential Memo21 randum-Federal Fleet Performance, dated May 24, 2011. 

22 SEC. 8105. (a) None of the funds appropriated or 

23 otherwise made available by this or any other Act may 

24 be used by the Secretary of Defense, or any other official 

25 or officer of the Department of Defense, to enter into a 
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1 contract, memorandum of understanding, or cooperative 

2 agreement with, or make a grant to, or provide a loan 

3 or loan guarantee to Rosoboronexport or any subsidiary 

4 of Rosoboronexport. 

5 (b) The Secretary of Defense may waive the limita6 tion in subsection (a) if the Secretary, in consultation with 

7 the Secretary of State and the Director of National Intel8 ligence, determines that it is in the vital national security 

9 interest of the United States to do so, and certifies in writ10 ing to the congressional defense committees that, to the 

11 best of the Secretary’s knowledge— 

12 (1) Rosoboronexport has ceased the transfer of 

13 lethal military equipment to, and the maintenance of 

14 existing lethal military equipment for, the Govern15 ment of the Syrian Arab Republic; 

16 (2) the armed forces of the Russian Federation 

17 have withdrawn from Crimea, other than armed 

18 forces present on military bases subject to agree19 ments in force between the Government of the Rus20 sian Federation and the Government of Ukraine; 

21 and 

22 (3) agents of the Russian Federation have 

23 ceased taking active measures to destabilize the con24 trol of the Government of Ukraine over eastern 

25 Ukraine. 
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1 (c) The Inspector General of the Department of De2 fense shall conduct a review of any action involving 

3 Rosoboronexport with respect to a waiver issued by the 

4 Secretary of Defense pursuant to subsection (b), and not 

5 later than 90 days after the date on which such a waiver 

6 is issued by the Secretary of Defense, the Inspector Gen7 eral shall submit to the congressional defense committees 

8 a report containing the results of the review conducted 

9 with respect to such waiver. 

10 SEC. 8106. None of the funds made available in this 

11 Act may be used for the purchase or manufacture of a 

12 flag of the United States unless such flags are treated as 

13 covered items under section 2533a(b) of title 10, United 

14 States Code. 

15 SEC. 8107. None of the funds appropriated in this 

16 or any other Act may be obligated or expended by the 

17 United States Government for the direct personal benefit 

18 of the President of Afghanistan. 

19 SEC. 8108. (a) Of the funds appropriated in this Act 

20 for the Department of Defense, amounts may be made 

21 available, under such regulations as the Secretary of De22 fense may prescribe, to local military commanders ap23 pointed by the Secretary, or by an officer or employee des24 ignated by the Secretary, to provide at their discretion ex 

25 gratia payments in amounts consistent with subsection (d) 
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1 of this section for damage, personal injury, or death that 

2 is incident to combat operations of the Armed Forces in 

3 a foreign country. 

4 (b) An ex gratia payment under this section may be 

5 provided only if— 

6 (1) the prospective foreign civilian recipient is 

7 determined by the local military commander to be 

8 friendly to the United States; 

9 (2) a claim for damages would not be compen10 sable under chapter 163 of title 10, United States 

11 Code (commonly known as the ‘‘Foreign Claims 

12 Act’’); and 

13 (3) the property damage, personal injury, or 

14 death was not caused by action by an enemy. 

15 (c) NATURE OF PAYMENTS.—Any payments provided 

16 under a program under subsection (a) shall not be consid17 ered an admission or acknowledgement of any legal obliga18 tion to compensate for any damage, personal injury, or 

19 death. 

20 (d) AMOUNT OF PAYMENTS.—If the Secretary of De21 fense determines a program under subsection (a) to be ap22 propriate in a particular setting, the amounts of pay23 ments, if any, to be provided to civilians determined to 

24 have suffered harm incident to combat operations of the 

25 Armed Forces under the program should be determined 
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1 pursuant to regulations prescribed by the Secretary and 

2 based on an assessment, which should include such factors 

3 as cultural appropriateness and prevailing economic condi4 tions. 

5 (e) LEGAL ADVICE.—Local military commanders 

6 shall receive legal advice before making ex gratia pay7 ments under this subsection. The legal advisor, under reg8 ulations of the Department of Defense, shall advise on 

9 whether an ex gratia payment is proper under this section 

10 and applicable Department of Defense regulations. 

11 (f) WRITTEN RECORD.—A written record of any ex 

12 gratia payment offered or denied shall be kept by the local 

13 commander and on a timely basis submitted to the appro14 priate office in the Department of Defense as determined 

15 by the Secretary of Defense. 

16 (g) REPORT.—The Secretary of Defense shall report 

17 to the congressional defense committees on an annual 

18 basis the efficacy of the ex gratia payment program in19 cluding the number of types of cases considered, amounts 

20 offered, the response from ex gratia payment recipients, 

21 and any recommended modifications to the program. 

22 (h) LIMITATION.—Nothing in this section shall be 

23 deemed to provide any new authority to the Secretary of 

24 Defense. 
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1 SEC. 8109. None of the funds available in this Act 

2 to the Department of Defense, other than appropriations 

3 made for necessary or routine refurbishments, upgrades 

4 or maintenance activities, shall be used to reduce or to 

5 prepare to reduce the number of deployed and non-de6 ployed strategic delivery vehicles and launchers below the 

7 levels set forth in the report submitted to Congress in ac8 cordance with section 1042 of the National Defense Au9 thorization Act for Fiscal Year 2012. 

10 SEC. 8110. The Secretary of Defense shall post grant 

11 awards on a public Web site in a searchable format. 

12 SEC. 8111. None of the funds made available by this 

13 Act may be used to realign forces at Lajes Air Force Base, 

14 Azores, Portugal, until the Secretary of Defense certifies 

15 to the congressional defense committees that the Secretary 

16 of Defense has determined, based on an analysis of oper17 ational requirements, that Lajes Air Force Base is not an 

18 optimal location for the Joint Intelligence Analysis Com19 plex. 

20 SEC. 8112. None of the funds made available by this 

21 Act may be used to fund the performance of a flight dem22 onstration team at a location outside of the United States: 

23 Provided, That this prohibition applies only if a perform24 ance of a flight demonstration team at a location within 
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1 the United States was canceled during the current fiscal 

2 year due to insufficient funding. 

3 SEC. 8113. None of the funds made available by this 

4 Act may be used by the National Security Agency to— 

5 (1) conduct an acquisition pursuant to section 

6 702 of the Foreign Intelligence Surveillance Act of 

7 1978 for the purpose of targeting a United States 

8 person; or 

9 (2) acquire, monitor, or store the contents (as 

10 such term is defined in section 2510(8) of title 18, 

11 United States Code) of any electronic communica12 tion of a United States person from a provider of 

13 electronic communication services to the public pur14 suant to section 501 of the Foreign Intelligence Sur15 veillance Act of 1978. 

16 (INCLUDING TRANSFER OF FUNDS)

17 SEC. 8114. In addition to amounts provided else18 where in this Act for basic allowance for housing for mili19 tary personnel, including active duty, reserve and National 

20 Guard personnel, $400,000,000 is hereby appropriated to 

21 the Department of Defense and made available for trans22 fer only to military personnel accounts: Provided, That the 

23 transfer authority provided under this heading is in addi24 tion to any other transfer authority provided elsewhere in 

25 this Act. 
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1 SEC. 8115. None of the funds made available by this 

2 Act may be obligated or expended to implement the Arms 

3 Trade Treaty until the Senate approves a resolution of 

4 ratification for the Treaty. 

5 SEC. 8116. None of the funds made available by this 

6 Act may be used to transfer or divest AH–64 Apache heli7 copters from the Army National Guard to the active Army 

8 in fiscal year 2016: Provided, That the Secretary of the 

9 Army shall ensure the continuing readiness of the AH– 

10 64 Apache aircraft and ensure the training of the crews 

11 of such aircraft during fiscal year 2016, including the allo12 cation of funds for operation and maintenance and per13 sonnel connected with such aircraft: Provided further, 

14 That this section shall continue in effect through the date 

15 of enactment of the National Defense Authorization Act 

16 for Fiscal Year 2016. 

17 SEC. 8117. None of the funds made available in this 

18 Act may be obligated for activities authorized under sec19 tion 1208 of the Ronald W. Reagan National Defense Au20 thorization Act for Fiscal Year 2005 (Public Law 112– 

21 81; 125 Stat. 1621) to initiate support for, or expand sup22 port to, foreign forces, irregular forces, groups, or individ23 uals unless the congressional defense committees are noti24 fied in accordance with the direction contained in the clas25 sified annex accompanying this Act, not less than 15 days 
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1 before initiating such support: Provided, That none of the 

2 funds made available in this Act may be used under such 

3 section 1208 for any activity that is not in support of an 

4 ongoing military operation being conducted by United 

5 States Special Operations Forces to combat terrorism: 

6 Provided further, That the Secretary of Defense may waive 

7 the prohibitions in this section if the Secretary determines 

8 that such waiver is required by extraordinary cir9 cumstances and, by not later than 72 hours after making 

10 such waiver, notifies the congressional defense committees 

11 of such waiver. 

12 SEC. 8118. (a) Within 90 days of enactment of this 

13 Act, the Secretary of Defense shall submit a report to the 

14 congressional defense committees to assess whether the 

15 justification and approval requirements under section 811 

16 of the National Defense Authorization Act for Fiscal Year 

17 2010 (Public Law 111–84; 123 Stat. 2405) have, incon18 sistent with the intent of Congress— 

19 (1) negatively impacted the ability of covered 

20 entities to be awarded sole-source contracts with the 

21 Department of Defense greater than $20,000,000; 

22 (2) discouraged agencies from awarding con23 tracts greater than $20,000,000 to covered entities; 

24 and 
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1 (3) been misconstrued and/or inconsistently im2 plemented. 

3 (b) The Comptroller General shall analyze and report 

4 to the congressional defense committees on the sufficiency 

5 of the Department’s report in addressing the require6 ments; review the extent to which section 811 has nega7 tively impacted the ability of covered entities to be award8 ed sole-source contracts with the Department, discouraged 

9 agencies from awarding contracts, or been misconstrued 

10 and/or inconsistently implemented. 

11 SEC. 8119. None of the funds made available by this 

12 Act may be used with respect to Iraq in contravention of 

13 the War Powers Resolution (50 U.S.C. 1541 et seq.), in14 cluding for the introduction of United States armed forces 

15 into hostilities in Iraq, into situations in Iraq where immi16 nent involvement in hostilities is clearly indicated by the 

17 circumstances, or into Iraqi territory, airspace, or waters 

18 while equipped for combat, in contravention of the con19 gressional consultation and reporting requirements of sec20 tions 3 and 4 of such Resolution (50 U.S.C. 1542 and 

21 1543). 

22 SEC. 8120. None of the funds made available by this 

23 Act may be used to divest, retire, transfer, or place in stor24 age or on backup aircraft inventory status, or prepare to 

25 divest, retire, transfer, or place in storage or on backup 
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1 aircraft inventory status, any A–10 aircraft, or to dises2 tablish any units of the active or reserve component associ3 ated with such aircraft. 

4 SEC. 8121. Of the funds provided for ‘‘Research, De5 velopment, Test and Evaluation, Defense-Wide’’ in this 

6 Act, not less than $2,800,000 shall be used to support 

7 the Department’s activities related to the implementation 

8 of the Digital Accountability and Transparency Act (Pub9 lic Law 113–101; 31 U.S.C. 6101 note) and to support 

10 the implementation of a uniform procurement instrument 

11 identifier as described in subpart 4.16 of Title 48, Code 

12 of Federal Regulations, to include changes in business 

13 processes, workforce, or information technology. 

14 SEC. 8123. None of the funds provided in this Act 

15 for the T–AO(X) program shall be used to award a new 

16 contract that provides for the acquisition of the following 

17 components unless those components are manufactured in 

18 the United States: Auxiliary equipment (including pumps) 

19 for shipboard services; propulsion equipment (including 

20 engines, reduction gears, and propellers); shipboard 

21 cranes; and spreaders for shipboard cranes. 

22 (INCLUDING TRANSFER OF FUNDS)

23 SEC. 8124. In addition to amounts provided else24 where in this Act for military personnel pay, including ac25 tive duty, reserve and National Guard personnel, 
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1 $700,000,000 is hereby appropriated to the Department 

2 of Defense and made available for transfer only to military 

3 personnel accounts: Provided, That the transfer authority 

4 provided under this heading is in addition to any other 

5 transfer authority provided elsewhere in this Act. 

6 SEC. 8125. The amounts appropriated in title II of 

7 this Act are hereby reduced by $359,000,000 to reflect 

8 excess cash balances in Department of Defense Working 

9 Capital Funds, as follows: 

10 (1) From ‘‘Operation and Maintenance, Army’’, 

11 $138,000,000; 

12 (2) From ‘‘Operation and Maintenance, De13 fense-Wide’’, $221,000,000. 

14 SEC. 8126. Notwithstanding any other provision of 

15 this Act, to reflect savings due to lower than anticipated 

16 fuel prices, the total amount appropriated in this Act is 

17 hereby reduced by $814,000,000. 

18 SEC. 8127. None of the funds made available by this 

19 Act may be used to reduce the end strength levels for the 

20 Army National Guard of the United States below the lev21 els specified for the Army National Guard of the United 

22 States in subtitle B of title IV of the National Defense 

23 Authorization Act for Fiscal Year 2015 (Public Law 113– 

24 291): Provided, That this section shall continue in effect 
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1 through the date of enactment of the National Defense 

2 Authorization Act for fiscal year 2016. 

3 SEC. 8128. None of the funds made available by this 

4 Act may be used to enforce section 526 of the Energy 

5 Independence and Security Act of 2007 (Public Law 110– 

6 140; 42 U.S.C. 17142). 

7 TITLE IX 

8 GLOBAL WAR ON TERRORISM 

9 MILITARY PERSONNEL 

10 MILITARY PERSONNEL, ARMY

11 For an additional amount for ‘‘Military Personnel, 

12 Army’’, $5,664,570,000: Provided, That such amount is 

13 designated by the Congress for Overseas Contingency Op14 erations/Global War on Terrorism pursuant to section 

15 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

16 Deficit Control Act of 1985. 

17 MILITARY PERSONNEL, NAVY

18 For an additional amount for ‘‘Military Personnel, 

19 Navy’’, $1,643,136,000: Provided, That such amount is 

20 designated by the Congress for Overseas Contingency Op21 erations/Global War on Terrorism pursuant to section 

22 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

23 Deficit Control Act of 1985. 
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1 MILITARY PERSONNEL, MARINE CORPS

2 For an additional amount for ‘‘Military Personnel, 

3 Marine Corps’’, $555,998,000: 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 MILITARY PERSONNEL, AIR FORCE

9 For an additional amount for ‘‘Military Personnel, 

10 Air Force’’, $2,376,095,000: Provided, That such amount 

11 is designated by the Congress for Overseas Contingency 

12 Operations/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, ARMY

16 For an additional amount for ‘‘Reserve Personnel, 

17 Army’’, $24,462,000: 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 RESERVE PERSONNEL, NAVY

23 For an additional amount for ‘‘Reserve Personnel, 

24 Navy’’, $12,693,000: Provided, That such amount is des25 ignated by the Congress for Overseas Contingency Oper-
122 

•HR 2685 EH

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 RESERVE PERSONNEL, MARINE CORPS

5 For an additional amount for ‘‘Reserve Personnel, 

6 Marine Corps’’, $3,393,000: Provided, That such amount 

7 is designated by the Congress for Overseas Contingency 

8 Operations/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 RESERVE PERSONNEL, AIR FORCE

12 For an additional amount for ‘‘Reserve Personnel, 

13 Air Force’’, $18,710,000: Provided, That such amount is 

14 designated by the Congress for Overseas Contingency Op15 erations/Global War on Terrorism pursuant to section 

16 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

17 Deficit Control Act of 1985. 

18 NATIONAL GUARD PERSONNEL, ARMY

19 For an additional amount for ‘‘National Guard Per20 sonnel, Army’’, $166,015,000: Provided, That such 

21 amount is designated by the Congress for Overseas Con22 tingency Operations/Global War on Terrorism pursuant to 

23 section 251(b)(2)(A)(ii) of the Balanced Budget and 

24 Emergency Deficit Control Act of 1985. 
123 

•HR 2685 EH

1 NATIONAL GUARD PERSONNEL, AIR FORCE

2 For an additional amount for ‘‘National Guard Per3 sonnel, Air Force’’, $2,828,000: 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 

9 OPERATION AND MAINTENANCE, ARMY

10 For an additional amount for ‘‘Operation and Main11 tenance, Army’’, $18,910,604,000 (reduced by 

12 $80,000,000) (increased by $80,000,000): Provided, That 

13 such amount is designated by the Congress for Overseas 

14 Contingency Operations/Global War on Terrorism pursu15 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

16 and Emergency Deficit Control Act of 1985. 

17 OPERATION AND MAINTENANCE, NAVY

18 (INCLUDING TRANSFER OF FUNDS)

19 For an additional amount for ‘‘Operation and Main20 tenance, Navy’’, $6,747,313,000: of which up to 

21 $160,002,000 may be transferred to the Coast Guard 

22 ‘‘Operating Expenses’’ account, notwithstanding the pro23 visions of section 2215 of title 10, United States Code: 

24 Provided, That such amount is designated by the Congress 

25 for Overseas Contingency Operations/Global War on Ter-
124 

•HR 2685 EH

1 rorism pursuant to section 251(b)(2)(A)(ii) of the Bal2 anced Budget and Emergency Deficit Control Act of 1985. 

3 OPERATION AND MAINTENANCE, MARINE CORPS

4 For an additional amount for ‘‘Operation and Main5 tenance, Marine Corps’’, $1,871,834,000: 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 OPERATION AND MAINTENANCE, AIR FORCE

11 For an additional amount for ‘‘Operation and Main12 tenance, Air Force’’, $10,799,220,000: Provided, That 

13 such amount is designated by the Congress for Overseas 

14 Contingency Operations/Global War on Terrorism pursu15 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

16 and Emergency Deficit Control Act of 1985. 

17 OPERATION AND MAINTENANCE, DEFENSE-WIDE

18 For an additional amount for ‘‘Operation and Main19 tenance, Defense-Wide’’, $7,559,131,000: Provided, That 

20 of the funds provided under this heading, not to exceed 

21 $1,260,000,000, to remain available until September 30, 

22 2017, shall be for payments to reimburse key cooperating 

23 nations for logistical, military, and other support, includ24 ing access, provided to United States military and stability 

25 operations in Afghanistan and to counter the Islamic 
125 

•HR 2685 EH

1 State of Iraq and the Levant: Provided further, That such 

2 reimbursement payments may be made in such amounts 

3 as the Secretary of Defense, with the concurrence of the 

4 Secretary of State, and in consultation with the Director 

5 of the Office of Management and Budget, may determine, 

6 based on documentation determined by the Secretary of 

7 Defense to adequately account for the support provided, 

8 and such determination is final and conclusive upon the 

9 accounting officers of the United States, and 15 days fol10 lowing notification to the appropriate congressional com11 mittees: Provided further, That these funds may be used 

12 for the purpose of providing specialized training and pro13 curing supplies and specialized equipment and providing 

14 such supplies and loaning such equipment on a non-reim15 bursable basis to coalition forces supporting United States 

16 military and stability operations in Afghanistan and to 

17 counter the Islamic State of Iraq and the Levant, and 15 

18 days following notification to the appropriate congres19 sional committees: Provided further, That these funds may 

20 be used to support the Government of Jordan, in such 

21 amounts as the Secretary of Defense may determine, to 

22 maintain the ability of the Jordanian armed forces to 

23 maintain security along the border between Jordan and 

24 Syria, upon 15 days prior written notification to the con25 gressional defense committees outlining the amounts reim-
126 

•HR 2685 EH

1 bursed and the nature of the expenses to be reimbursed: 

2 Provided further, That not to exceed $15,000,000 can be 

3 used for emergencies and extraordinary expenses, to be ex4 pended on the approval or authority of the Secretary of 

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

6 necessity for confidential military purposes: Provided fur7 ther, That the authority in the preceding proviso may only 

8 be used for emergency and extraordinary expenses associ9 ated with activities to counter the Islamic State of Iraq 

10 and the Levant: Provided further, That of the funds pro11 vided under this heading, up to $30,000,000 shall be for 

12 Operation Observant Compass: Provided further, That the 

13 Secretary of Defense shall provide quarterly reports to the 

14 congressional defense committees on the use of funds pro15 vided in this paragraph: Provided further, That such 

16 amount is designated by the Congress for Overseas Con17 tingency Operations/Global War on Terrorism pursuant to 

18 section 251(b)(2)(A)(ii) of the Balanced Budget and 

19 Emergency Deficit Control Act of 1985. 

20 OPERATION AND MAINTENANCE, ARMY RESERVE

21 For an additional amount for ‘‘Operation and Main22 tenance, Army Reserve’’, $124,559,000: Provided, That 

23 such amount is designated by the Congress for Overseas 

24 Contingency Operations/Global War on Terrorism pursu-
127 

•HR 2685 EH

1 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

2 and Emergency Deficit Control Act of 1985. 

3 OPERATION AND MAINTENANCE, NAVY RESERVE

4 For an additional amount for ‘‘Operation and Main5 tenance, Navy Reserve’’, $34,187,000: 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 OPERATION AND MAINTENANCE, MARINE CORPS

11 RESERVE

12 For an additional amount for ‘‘Operation and Main13 tenance, Marine Corps Reserve’’, $3,455,000: Provided, 

14 That such amount is designated by the Congress for Over15 seas Contingency Operations/Global War on Terrorism 

16 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

17 Budget and Emergency Deficit Control Act of 1985. 

18 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

19 For an additional amount for ‘‘Operation and Main20 tenance, Air Force Reserve’’, $209,606,000: Provided, 

21 That such amount is designated by the Congress for Over22 seas Contingency Operations/Global War on Terrorism 

23 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

24 Budget and Emergency Deficit Control Act of 1985. 
128 

•HR 2685 EH

1 OPERATION AND MAINTENANCE, ARMY NATIONAL

2 GUARD

3 For an additional amount for ‘‘Operation and Main4 tenance, Army National Guard’’, $160,845,000: 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’’, $225,350,000: 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 COUNTERTERRORISM PARTNERSHIPS FUND

17 (INCLUDING TRANSFER OF FUNDS)

18 For the ‘‘Counterterrorism Partnerships Fund’’, 

19 $2,060,000,000, to remain available until September 30, 

20 2017: Provided, That such funds shall be available to pro21 vide support and assistance to foreign security forces or 

22 other groups or individuals to conduct, support, or facili23 tate counterterrorism and crisis response activities pursu24 ant to section 1534 of the Carl Levin and Howard P. 

25 ‘‘Buck’’ McKeon National Defense Authorization Act for 
129 

•HR 2685 EH

1 Fiscal Year 2015: Provided further, That the Secretary of 

2 Defense shall transfer the funds provided herein to other 

3 appropriations provided for in this Act to be merged with 

4 and to be available for the same purposes and subject to 

5 the same authorities and for the same time period as the 

6 appropriation to which transferred: Provided further, That 

7 the transfer authority under this heading is in addition 

8 to any other transfer authority provided elsewhere in this 

9 Act: Provided further, That the funds available under this 

10 heading are available for transfer only to the extent that 

11 the Secretary of Defense submits a prior approval re12 programming request to the congressional defense com13 mittees: Provided further, That the Secretary of Defense 

14 shall comply with the appropriate vetting standards and 

15 procedures established elsewhere in this Act for any recipi16 ent of training, equipment, or other assistance: Provided 

17 further, That the amount provided under this heading is 

18 designated by the Congress for Overseas Contingency Op19 erations/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 AFGHANISTAN SECURITY FORCES FUND

23 For the ‘‘Afghanistan Security Forces Fund’’, 

24 $3,762,257,000, to remain available until September 30, 

25 2017: Provided, That such funds shall be available to the 
130 

•HR 2685 EH

1 Secretary of Defense, notwithstanding any other provision 

2 of law, for the purpose of allowing the Commander, Com3 bined Security Transition Command—Afghanistan, or the 

4 Secretary’s designee, to provide assistance, with the con5 currence of the Secretary of State, to the security forces 

6 of Afghanistan, including the provision of equipment, sup7 plies, services, training, facility and infrastructure repair, 

8 renovation, construction, and funding: Provided further, 

9 That the authority to provide assistance under this head10 ing is in addition to any other authority to provide assist11 ance to foreign nations: Provided further, That contribu12 tions of funds for the purposes provided herein from any 

13 person, foreign government, or international organization 

14 may be credited to this Fund, to remain available until 

15 expended, and used for such purposes: Provided further, 

16 That the Secretary of Defense shall notify the congres17 sional defense committees in writing upon the receipt and 

18 upon the obligation of any contribution, delineating the 

19 sources and amounts of the funds received and the specific 

20 use of such contributions: Provided further, That the Sec21 retary of Defense shall, not fewer than 15 days prior to 

22 obligating from this appropriation account, notify the con23 gressional defense committees in writing of the details of 

24 any such obligation: Provided further, That the Secretary 

25 of Defense shall notify the congressional defense commit-
131 

•HR 2685 EH

1 tees of any proposed new projects or transfer of funds be2 tween budget sub-activity groups in excess of 

3 $20,000,000: Provided further, That the United States 

4 may accept equipment procured using funds provided 

5 under this heading in this or prior Acts that was trans6 ferred to the security forces of Afghanistan and returned 

7 by such forces to the United States: Provided further, That 

8 equipment procured using funds provided under this head9 ing in this or prior Acts, and not yet transferred to the 

10 security forces of Afghanistan or transferred to the secu11 rity forces of Afghanistan and returned by such forces to 

12 the United States, may be treated as stocks of the Depart13 ment of Defense upon written notification to the congres14 sional defense committees: Provided further, That of the 

15 funds provided under this heading, not less than 

16 $10,000,000 shall be for recruitment and retention of 

17 women in the Afghanistan National Security Forces, and 

18 the recruitment and training of female security personnel: 

19 Provided further, That such amount is designated by the 

20 Congress for Overseas Contingency Operations/Global 

21 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

22 the Balanced Budget and Emergency Deficit Control Act 

23 of 1985. 
132 

•HR 2685 EH

1 IRAQ TRAIN AND EQUIP FUND

2 For the ‘‘Iraq Train and Equip Fund’’, 

3 $715,000,000, to remain available until September 30, 

4 2017: Provided, That such funds shall be available to the 

5 Secretary of Defense, in coordination with the Secretary 

6 of State, pursuant to section 1236 of the Carl Levin and 

7 Howard P. ‘‘Buck’’ McKeon National Defense Authoriza8 tion Act for Fiscal Year 2015 (Public Law 113–291; 128 

9 Stat. 3558), to provide assistance, including training, 

10 equipment, logistics support, supplies, and services, sti11 pends, infrastructure repair, renovation, and sustainment 

12 to military and other security forces of or associated with 

13 the Government of Iraq, including Kurdish and tribal se14 curity forces or other local security forces, with a national 

15 security mission, to counter the Islamic State of Iraq and 

16 the Levant: Provided further, That the Secretary of De17 fense shall ensure that prior to providing assistance to ele18 ments of any forces such elements are appropriately vet19 ted, including at a minimum, assessing such elements for 

20 associations with terrorist groups or groups associated 

21 with the Government of Iran; and receiving commitments 

22 from such elements to promote respect for human rights 

23 and the rule of law: Provided further, That the Secretary 

24 of Defense may accept and retain contributions, including 

25 assistance in-kind, from foreign governments, including 
133 

•HR 2685 EH

1 the Government of Iraq, and other entities, to carry out 

2 assistance authorized under this heading: Provided fur3 ther, That contributions of funds for the purposes provided 

4 herein from any foreign government or other entities, may 

5 be credited to this Fund, to remain available until ex6 pended, and used for such purposes: Provided further, 

7 That not more than 25 percent of the funds appropriated 

8 under this heading may be obligated or expended until not 

9 fewer than 15 days after: (1) the Secretary of Defense 

10 submits a report to the appropriate congressional commit11 tees, describing the plan for the provision of such training 

12 and assistance and the forces designated to receive such 

13 assistance; and (2) the President submits a report to the 

14 appropriate congressional committees on how assistance 

15 provided under this heading supports a larger regional 

16 strategy: Provided further, That of the amount provided 

17 under this heading, not more than 60 percent may be obli18 gated or expended until not less than 15 days after the 

19 date on which the Secretary of Defense certifies to the 

20 appropriate congressional committees that an amount 

21 equal to not less than 40 percent of the amount provided 

22 under this heading has been contributed by other coun23 tries and entities for the purposes for which funds are pro24 vided under this heading, of which at least 50 percent 

25 shall have been contributed or provided by the Govern-
134 

•HR 2685 EH

1 ment of Iraq: Provided further, That the limitation in the 

2 preceding proviso shall not apply if the Secretary of De3 fense determines, in writing, that the national security ob4 jectives of the United States will be compromised by the 

5 application of the limitation to such assistance, and noti6 fies the appropriate congressional committees not less 

7 than 15 days in advance of the exemption taking effect, 

8 including a justification for the Secretary’s determination 

9 and a description of the assistance to be exempted from 

10 the application of such limitation: Provided further, That 

11 the Secretary of Defense may waive a provision of law re12 lating to the acquisition of items and support services or 

13 sections 40 and 40A of the Arms Export Control Act (22 

14 U.S.C. 2780 and 2785) if the Secretary determines such 

15 provisions of law would prohibit, restrict, delay or other16 wise limit the provision of such assistance and a notice 

17 of and justification for such waiver is submitted to the 

18 appropriate congressional committees: Provided further, 

19 That the term ‘‘appropriate congressional committees’’ 

20 under this heading means the congressional defense com21 mittees, the Committees on Appropriations and Foreign 

22 Relations of the Senate and the Committees on Appropria23 tions and Foreign Affairs of the House of Representatives: 

24 Provided further, That amounts made available under this 

25 heading are designated by the Congress for Overseas Con-
135 

•HR 2685 EH

1 tingency Operations/Global War on Terrorism pursuant to 

2 section 251(b)(2)(A)(ii) of the Balanced Budget and 

3 Emergency Deficit Control Act of 1985. 

4 SYRIA TRAIN AND EQUIP FUND

5 For the ‘‘Syria Train and Equip Fund’’, 

6 $600,000,000, to remain available until September 30, 

7 2017: Provided, That such funds shall be available to the 

8 Secretary of Defense, in coordination with the Secretary 

9 of State, to provide assistance, including training, equip10 ment, supplies, stipends, construction of training and as11 sociated facilities, and sustainment, to appropriately vet12 ted elements of the Syrian opposition and other appro13 priately vetted Syrian groups and individuals for the fol14 lowing purposes: defending the Syrian people from attacks 

15 by the Islamic State of Iraq and the Levant, and securing 

16 territory controlled by the Syrian opposition; protecting 

17 the United States, its friends and allies, and the Syrian 

18 people from the threats posed by terrorists in Syria; and 

19 promoting the conditions for a negotiated settlement to 

20 end the conflict in Syria: Provided further, That the Sec21 retary may accept and retain contributions, including as22 sistance in-kind, from foreign governments and other enti23 ties to carry out activities authorized under this heading: 

24 Provided further, That contributions of funds for the pur25 poses provided herein from any foreign government or 
136 

•HR 2685 EH

1 other entities may be credited to this Fund, to remain 

2 available until expended and used for such purposes: Pro3 vided further, That the Secretary may provide assistance 

4 to third countries for purposes of the provision of assist5 ance authorized under this heading: Provided further, 

6 That the term ‘‘appropriately vetted’’ shall be construed 

7 to mean, at a minimum, assessments of possible recipients 

8 for associations with terrorist groups including the Islamic 

9 State of Iraq and the Levant (ISIL), Jabhat al Nusrah, 

10 Ahrar al Sham, other al-Qaeda related groups, Hezbollah, 

11 or Shia militias supporting the Governments of Syria or 

12 Iran; and for commitment to the rule of law and a peaceful 

13 and democratic Syria: Provided further, That none of the 

14 funds used pursuant to this authority shall be used for 

15 the procurement or transfer of man-portable air-defense 

16 systems: Provided further, That nothing in this section 

17 shall be construed to constitute a specific statutory au18 thorization for the introduction of the United States 

19 Armed Forces into hostilities or into situations wherein 

20 hostilities are clearly indicated by the circumstances, in 

21 accordance with section 8(a)(1) of the War Powers Reso22 lution: Provided further, That such amount is designated 

23 by the Congress for Overseas Contingency Operations/ 

24 Global War on Terrorism pursuant to section 
137 

•HR 2685 EH

1 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

2 Deficit Control Act of 1985. 

3 PROCUREMENT 

4 AIRCRAFT PROCUREMENT, ARMY

5 For an additional amount for ‘‘Aircraft Procurement, 

6 Army’’, $759,073,000, to remain available until Sep7 tember 30, 2018: 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 MISSILE PROCUREMENT, ARMY

13 For an additional amount for ‘‘Missile Procurement, 

14 Army’’, $572,735,000, to remain available until Sep15 tember 30, 2018: Provided, That such amount is des16 ignated by the Congress for Overseas Contingency Oper17 ations/Global War on Terrorism pursuant to section 

18 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

19 Deficit Control Act of 1985. 

20 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

21 VEHICLES, ARMY

22 For an additional amount for ‘‘Procurement of Weap23 ons and Tracked Combat Vehicles, Army’’, $647,630,000, 

24 to remain available until September 30, 2018: Provided, 

25 That such amount is designated by the Congress for Over-
138 

•HR 2685 EH

1 seas Contingency Operations/Global War on Terrorism 

2 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

3 Budget and Emergency Deficit Control Act of 1985. 

4 PROCUREMENT OF AMMUNITION, ARMY

5 For an additional amount for ‘‘Procurement of Am6 munition, Army’’, $431,640,000, to remain available until 

7 September 30, 2018: 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 OTHER PROCUREMENT, ARMY

13 For an additional amount for ‘‘Other Procurement, 

14 Army’’, $1,648,312,000, to remain available until Sep15 tember 30, 2018: Provided, That such amount is des16 ignated by the Congress for Overseas Contingency Oper17 ations/Global War on Terrorism pursuant to section 

18 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

19 Deficit Control Act of 1985. 

20 AIRCRAFT PROCUREMENT, NAVY

21 For an additional amount for ‘‘Aircraft Procurement, 

22 Navy’’, $722,274,000, to remain available until September 

23 30, 2018: Provided, That such amount is designated by 

24 the Congress for Overseas Contingency Operations/Global 

25 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 
139 

•HR 2685 EH

1 the Balanced Budget and Emergency Deficit Control Act 

2 of 1985. 

3 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

4 CORPS

5 For an additional amount for ‘‘Procurement of Am6 munition, Navy and Marine Corps’’, $105,459,000, to re7 main available until September 30, 2018: Provided, That 

8 such amount is designated by the Congress for Overseas 

9 Contingency Operations/Global War on Terrorism pursu10 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

11 and Emergency Deficit Control Act of 1985. 

12 OTHER PROCUREMENT, NAVY

13 For an additional amount for ‘‘Other Procurement, 

14 Navy’’, $12,186,000, to remain available until September 

15 30, 2018: Provided, That such amount is designated by 

16 the Congress for Overseas Contingency Operations/Global 

17 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

18 the Balanced Budget and Emergency Deficit Control Act 

19 of 1985. 

20 PROCUREMENT, MARINE CORPS

21 For an additional amount for ‘‘Procurement, Marine 

22 Corps’’, $234,741,000, to remain available until Sep23 tember 30, 2018: Provided, That such amount is des24 ignated by the Congress for Overseas Contingency Oper25 ations/Global War on Terrorism pursuant to section 
140 

•HR 2685 EH

1 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

2 Deficit Control Act of 1985. 

3 AIRCRAFT PROCUREMENT, AIR FORCE

4 For an additional amount for ‘‘Aircraft Procurement, 

5 Air Force’’, $1,297,726,000, to remain available until 

6 September 30, 2018: 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 MISSILE PROCUREMENT, AIR FORCE

12 For an additional amount for ‘‘Missile Procurement, 

13 Air Force’’, $773,638,000, to remain available until Sep14 tember 30, 2018: Provided, That such amount is des15 ignated by the Congress for Overseas Contingency Oper16 ations/Global War on Terrorism pursuant to section 

17 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

18 Deficit Control Act of 1985. 

19 SPACE PROCUREMENT, AIR FORCE

20 For an additional amount for ‘‘Space Procurement, 

21 Air Force’’, $452,676,000, to remain available until Sep22 tember 30, 2018: Provided, That such amount is des23 ignated by the Congress for Overseas Contingency Oper24 ations/Global War on Terrorism pursuant to section 
141 

•HR 2685 EH

1 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

2 Deficit Control Act of 1985. 

3 PROCUREMENT OF AMMUNITION, AIR FORCE

4 For an additional amount for ‘‘Procurement of Am5 munition, Air Force’’, $1,673,358,000, to remain available 

6 until September 30, 2018: Provided, That such amount 

7 is designated by the Congress for Overseas Contingency 

8 Operations/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 OTHER PROCUREMENT, AIR FORCE

12 For an additional amount for ‘‘Other Procurement, 

13 Air Force’’, $7,045,550,000, to remain available until 

14 September 30, 2018: Provided, That such amount is des15 ignated by the Congress for Overseas Contingency Oper16 ations/Global War on Terrorism pursuant to section 

17 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

18 Deficit Control Act of 1985. 

19 PROCUREMENT, DEFENSE-WIDE

20 For an additional amount for ‘‘Procurement, De21 fense-Wide’’, $217,701,000, to remain available until Sep22 tember 30, 2018: Provided, That such amount is des23 ignated by the Congress for Overseas Contingency Oper24 ations/Global War on Terrorism pursuant to section 
142 

•HR 2685 EH

1 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

2 Deficit Control Act of 1985. 

3 NATIONAL GUARD AND RESERVE EQUIPMENT ACCOUNT

4 For procurement of covered items for the reserve 

5 components of the Armed Forces, $1,500,000,000, to re6 main available for obligation until September 30, 2017: 

7 Provided, That the Chiefs of National Guard and Reserve 

8 components shall, not later than 30 days after enactment 

9 of this Act, individually submit to the congressional de10 fense committees the modernization priority assessment 

11 for their respective National Guard or Reserve component: 

12 Provided, That for the purposes of this paragraph, the 

13 term ‘‘covered items’’ means items that: (1) are not major 

14 weapon systems, aircraft, or other items central to the 

15 mission of an organization; and (2) are useful for both 

16 missions performed under title 10, United States Code, 

17 and missions performed under title 32, United States 

18 Code, when applicable, including radios, generators, com19 puters, trucks, and other dual-use items: Provided further, 

20 That such amount is designated by the Congress for Over21 seas Contingency Operations/Global War on Terrorism 

22 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

23 Budget and Emergency Deficit Control Act of 1985. 
143 

•HR 2685 EH

1 RESEARCH, DEVELOPMENT, TEST, AND 

2 EVALUATION 

3 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

4 ARMY

5 For an additional amount for ‘‘Research, Develop6 ment, Test and Evaluation, Army’’, $1,500,000, to remain 

7 available until September 30, 2017: 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 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

13 NAVY

14 For an additional amount for ‘‘Research, Develop15 ment, Test and Evaluation, Navy’’, $217,647,000, to re16 main available until September 30, 2017: Provided, That 

17 such amount is designated by the Congress for Overseas 

18 Contingency Operations/Global War on Terrorism pursu19 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

20 and Emergency Deficit Control Act of 1985. 

21 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

22 AIR FORCE

23 For an additional amount for ‘‘Research, Develop24 ment, Test and Evaluation, Air Force’’, $1,366,242,000, 

25 to remain available until September 30, 2017: Provided, 
144 

•HR 2685 EH

1 That such amount is designated by the Congress for Over2 seas Contingency Operations/Global War on Terrorism 

3 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

4 Budget and Emergency Deficit Control Act of 1985. 

5 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

6 DEFENSE-WIDE

7 For an additional amount for ‘‘Research, Develop8 ment, Test and Evaluation, Defense-Wide’’, 

9 $199,264,000, to remain available until September 30, 

10 2017: 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 REVOLVING AND MANAGEMENT FUNDS 

16 DEFENSE WORKING CAPITAL FUNDS

17 For an additional amount for ‘‘Defense Working 

18 Capital Funds’’, $88,850,000: Provided, That such 

19 amount is designated by the Congress for Overseas Con20 tingency Operations/Global War on Terrorism pursuant to 

21 section 251(b)(2)(A)(ii) of the Balanced Budget and 

22 Emergency Deficit Control Act of 1985. 
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1 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

2 DEFENSE HEALTH PROGRAM

3 For an additional amount for ‘‘Defense Health Pro4 gram’’, $272,704,000, which shall be for operation and 

5 maintenance: Provided, That such amount is designated 

6 by the Congress for Overseas Contingency Operations/ 

7 Global War on Terrorism pursuant to section 

8 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

9 Deficit Control Act of 1985. 

10 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

11 DEFENSE

12 For an additional amount for ‘‘Drug Interdiction and 

13 Counter-Drug Activities, Defense’’, $275,300,000: Pro14 vided, That such amount is designated by the Congress 

15 for Overseas Contingency Operations/Global War on Ter16 rorism pursuant to section 251(b)(2)(A)(ii) of the Bal17 anced Budget and Emergency Deficit Control Act of 1985. 

18 JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND

19 (INCLUDING TRANSFER OF FUNDS)

20 For the ‘‘Joint Improvised Explosive Device Defeat 

21 Fund’’, $443,271,000, to remain available until Sep22 tember 30, 2018: Provided, That such funds shall be avail23 able to the Secretary of Defense, notwithstanding any 

24 other provision of law, for the purpose of allowing the Di25 rector of the Joint Improvised Explosive Device Defeat 
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1 Organization to investigate, develop and provide equip2 ment, supplies, services, training, facilities, personnel and 

3 funds to assist United States forces in the defeat of impro4 vised explosive devices: Provided further, That the Sec5 retary of Defense may transfer funds provided herein to 

6 appropriations for military personnel; operation and main7 tenance; procurement; research, development, test and 

8 evaluation; and defense working capital funds to accom9 plish the purpose provided herein: Provided further, That 

10 this transfer authority is in addition to any other transfer 

11 authority available to the Department of Defense: Pro12 vided further, That the Secretary of Defense shall, not 

13 fewer than 15 days prior to making transfers from this 

14 appropriation, notify the congressional defense committees 

15 in writing of the details of any such transfer: Provided 

16 further, That such amount is designated by the Congress 

17 for Overseas Contingency Operations/Global War on Ter18 rorism pursuant to section 251(b)(2)(A)(ii) of the Bal19 anced Budget and Emergency Deficit Control Act of 1985. 

20 OFFICE OF THE INSPECTOR GENERAL

21 For an additional amount for the ‘‘Office of the In22 spector General’’, $10,262,000: Provided, That such 

23 amount is designated by the Congress for Overseas Con24 tingency Operations/Global War on Terrorism pursuant to 
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1 section 251(b)(2)(A)(ii) of the Balanced Budget and 

2 Emergency Deficit Control Act of 1985. 

3 GENERAL PROVISIONS—THIS TITLE 

4 SEC. 9001. Each amount designated in this Act by 

5 the Congress for Overseas Contingency Operations/Global 

6 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

7 the Balanced Budget and Emergency Deficit Control Act 

8 of 1985 shall be available only if the President subse9 quently so designates all such amounts and transmits such 

10 designations to the Congress. 

11 SEC. 9002. Notwithstanding any other provision of 

12 law, funds made available in this title are in addition to 

13 amounts appropriated or otherwise made available for the 

14 Department of Defense for fiscal year 2016. 

15 (INCLUDING TRANSFER OF FUNDS)

16 SEC. 9003. Upon the determination of the Secretary 

17 of Defense that such action is necessary in the national 

18 interest, the Secretary may, with the approval of the Of19 fice of Management and Budget, transfer up to 

20 $3,500,000,000 between the appropriations or funds made 

21 available to the Department of Defense in this title: Pro22 vided, That the Secretary shall notify the Congress 

23 promptly of each transfer made pursuant to the authority 

24 in this section: Provided further, That the authority pro25 vided in this section is in addition to any other transfer 
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1 authority available to the Department of Defense and is 

2 subject to the same terms and conditions as the authority 

3 provided in section 8005 of this Act. 

4 SEC. 9004. Supervision and administration costs and 

5 costs for design during construction associated with a con6 struction project funded with appropriations available for 

7 operation and maintenance or the ‘‘Afghanistan Security 

8 Forces Fund’’ provided in this Act and executed in direct 

9 support of overseas contingency operations in Afghani10 stan, may be obligated at the time a construction contract 

11 is awarded: Provided, That for the purpose of this section, 

12 supervision and administration costs and costs for design 

13 during construction include all in-house Government costs. 

14 SEC. 9005. From funds made available in this title, 

15 the Secretary of Defense may purchase for use by military 

16 and civilian employees of the Department of Defense in 

17 the United States Central Command area of responsi18 bility: (1) passenger motor vehicles up to a limit of 

19 $75,000 per vehicle; and (2) heavy and light armored vehi20 cles for the physical security of personnel or for force pro21 tection purposes up to a limit of $450,000 per vehicle, not22 withstanding price or other limitations applicable to the 

23 purchase of passenger carrying vehicles. 

24 SEC. 9006. Not to exceed $10,000,000 of the 

25 amounts appropriated in this title under the heading ‘‘Op-
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1 eration and Maintenance, Army’’ may be used, notwith2 standing any other provision of law, to fund the Com3 mander’s Emergency Response Program (CERP), for the 

4 purpose of enabling military commanders in Afghanistan 

5 to respond to urgent, small-scale, humanitarian relief and 

6 reconstruction requirements within their areas of responsi7 bility: Provided, That each project (including any ancillary 

8 or related elements in connection with such project) exe9 cuted under this authority shall not exceed $2,000,000: 

10 Provided further, That not later than 45 days after the 

11 end of each fiscal year quarter, the Secretary of Defense 

12 shall submit to the congressional defense committees a re13 port regarding the source of funds and the allocation and 

14 use of funds during that quarter that were made available 

15 pursuant to the authority provided in this section or under 

16 any other provision of law for the purposes described here17 in: Provided further, That, not later than 30 days after 

18 the end of each month, the Army shall submit to the con19 gressional defense committees monthly commitment, obli20 gation, and expenditure data for the Commander’s Emer21 gency Response Program in Afghanistan: Provided fur22 ther, That not less than 15 days before making funds 

23 available pursuant to the authority provided in this section 

24 or under any other provision of law for the purposes de25 scribed herein for a project with a total anticipated cost 
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1 for completion of $500,000 or more, the Secretary shall 

2 submit to the congressional defense committees a written 

3 notice containing each of the following: 

4 (1) The location, nature and purpose of the 

5 proposed project, including how the project is in6 tended to advance the military campaign plan for 

7 the country in which it is to be carried out. 

8 (2) The budget, implementation timeline with 

9 milestones, and completion date for the proposed 

10 project, including any other CERP funding that has 

11 been or is anticipated to be contributed to the com12 pletion of the project. 

13 (3) A plan for the sustainment of the proposed 

14 project, including the agreement with either the host 

15 nation, a non-Department of Defense agency of the 

16 United States Government or a third-party contrib17 utor to finance the sustainment of the activities and 

18 maintenance of any equipment or facilities to be pro19 vided through the proposed project. 

20 SEC. 9007. Funds available to the Department of De21 fense for operation and maintenance may be used, not22 withstanding any other provision of law, to provide sup23 plies, services, transportation, including airlift and sealift, 

24 and other logistical support to coalition forces supporting 

25 military and stability operations in Afghanistan and to 
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1 counter the Islamic State of Iraq and the Levant: Pro2 vided, That the Secretary of Defense shall provide quar3 terly reports to the congressional defense committees re4 garding support provided under this section. 

5 SEC. 9008. None of the funds appropriated or other6 wise made available by this or any other Act shall be obli7 gated or expended by the United States Government for 

8 a purpose as follows: 

9 (1) To establish any military installation or 

10 base for the purpose of providing for the permanent 

11 stationing of United States Armed Forces in Iraq. 

12 (2) To exercise United States control over any 

13 oil resource of Iraq. 

14 (3) To establish any military installation or 

15 base for the purpose of providing for the permanent 

16 stationing of United States Armed Forces in Af17 ghanistan. 

18 SEC. 9009. None of the funds made available in this 

19 Act may be used in contravention of the following laws 

20 enacted or regulations promulgated to implement the 

21 United Nations Convention Against Torture and Other 

22 Cruel, Inhuman or Degrading Treatment or Punishment 

23 (done at New York on December 10, 1984): 

24 (1) Section 2340A of title 18, United States 

25 Code. 
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•HR 2685 EH

1 (2) Section 2242 of the Foreign Affairs Reform 

2 and Restructuring Act of 1998 (division G of Public 

3 Law 105–277; 112 Stat. 2681–822; 8 U.S.C. 1231 

4 note) and regulations prescribed thereto, including 

5 regulations under part 208 of title 8, Code of Fed6 eral Regulations, and part 95 of title 22, Code of 

7 Federal Regulations. 

8 (3) Sections 1002 and 1003 of the Department 

9 of Defense, Emergency Supplemental Appropriations 

10 to Address Hurricanes in the Gulf of Mexico, and 

11 Pandemic Influenza Act, 2006 (Public Law 109– 

12 148). 

13 SEC. 9010. None of the funds provided for the ‘‘Af14 ghanistan Security Forces Fund’’ (ASFF) may be obli15 gated prior to the approval of a financial and activity plan 

16 by the Afghanistan Resources Oversight Council (AROC) 

17 of the Department of Defense: Provided, That the AROC 

18 must approve the requirement and acquisition plan for any 

19 service requirements in excess of $50,000,000 annually 

20 and any non-standard equipment requirements in excess 

21 of $100,000,000 using ASFF: Provided further, That the 

22 Department of Defense must certify to the congressional 

23 defense committees that the AROC has convened and ap24 proved a process for ensuring compliance with the require-
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•HR 2685 EH

1 ments in the preceding proviso and accompanying report 

2 language for the ASFF. 

3 SEC. 9011. Funds made available in this title to the 

4 Department of Defense for operation and maintenance 

5 may be used to purchase items having an investment unit 

6 cost of not more than $250,000: Provided, That, upon de7 termination by the Secretary of Defense that such action 

8 is necessary to meet the operational requirements of a 

9 Commander of a Combatant Command engaged in contin10 gency operations overseas, such funds may be used to pur11 chase items having an investment item unit cost of not 

12 more than $500,000. 

13 SEC. 9012. From funds made available to the De14 partment of Defense in this title under the heading ‘‘Oper15 ation and Maintenance, Air Force’’, up to $140,000,000 

16 may be used by the Secretary of Defense, notwithstanding 

17 any other provision of law, to support United States Gov18 ernment transition activities in Iraq by funding the oper19 ations and activities of the Office of Security Cooperation 

20 in Iraq and security assistance teams, including life sup21 port, transportation and personal security, and facilities 

22 renovation and construction, and site closeout activities 

23 prior to returning sites to the Government of Iraq: Pro24 vided, That to the extent authorized under the National 

25 Defense Authorization Act for Fiscal Year 2016, the oper-
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•HR 2685 EH

1 ations and activities that may be carried out by the Office 

2 of Security Cooperation in Iraq may, with the concurrence 

3 of the Secretary of State, include non-operational training 

4 activities in support of Iraqi Minister of Defense and 

5 Counter Terrorism Service personnel in an institutional 

6 environment to address capability gaps, integrate proc7 esses relating to intelligence, air sovereignty, combined 

8 arms, logistics and maintenance, and to manage and inte9 grate defense-related institutions: Provided further, That 

10 not later than 30 days following the enactment of this Act, 

11 the Secretary of Defense and the Secretary of State shall 

12 submit to the congressional defense committees a plan for 

13 transitioning any such training activities that they deter14 mine are needed after the end of fiscal year 2016, to exist15 ing or new contracts for the sale of defense articles or 

16 defense services consistent with the provisions of the Arms 

17 Export Control Act (22 U.S.C. 2751 et seq.): Provided 

18 further, That not less than 15 days before making funds 

19 available pursuant to the authority provided in this sec20 tion, the Secretary of Defense shall submit to the congres21 sional defense committees a written notice containing a 

22 detailed justification and timeline for the operations and 

23 activities of the Office of Security Cooperation in Iraq at 

24 each site where such operations and activities will be con25 ducted during fiscal year 2016: Provided further, That 
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•HR 2685 EH

1 amounts made available by this section are designated by 

2 the Congress for Overseas Contingency Operations/Global 

3 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

4 the Balanced Budget and Emergency Deficit Control Act 

5 of 1985. 

6 SEC. 9013. The Secretary of Defense is authorized, 

7 in coordination with the Secretary of State, to provide as8 sistance, to the Government of Jordan for purposes of 

9 supporting and enhancing efforts of the armed forces of 

10 Jordan and to sustain security along the border of Jordan 

11 with Syria and Iraq: Provided, That up to $600,000,000 

12 of funds appropriated by this Act for the Counterterrorism 

13 Partnerships Fund may be used for activities authorized 

14 by this section: Provided further, That the Secretary may 

15 accept and retain contributions, including assistance in16 kind, from foreign governments to carry out activities as 

17 authorized by this section and shall be credited to the ap18 propriate appropriations accounts, except that any funds 

19 so accepted by the Secretary shall not be available for obli20 gation until a reprogramming action is submitted to the 

21 congressional defense committees: Provided further, That 

22 the President and the Secretary of Defense shall comply 

23 with the reporting requirements in sections 149(b)(1), 

24 (b)(2), (c), and (d) of the Continuing Appropriations Res25 olution, 2015 (Public Law 113–164): Provided further, 
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1 That nothing in this section shall be construed to con2 stitute a specific statutory authorization for the introduc3 tion of the United States Armed Forces into hostilities or 

4 into situations wherein hostilities are clearly indicated by 

5 the circumstances, in accordance with section 8(a)(1) of 

6 the War Powers Resolution: Provided further, That 

7 amounts made available by this section are designated by 

8 the Congress for Overseas Contingency Operations/Global 

9 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

10 the Balanced Budget and Emergency Deficit Control Act 

11 of 1985: Provided further, That the authority to provide 

12 assistance under this section shall terminate on September 

13 30, 2016. 

14 SEC. 9014. For ‘‘Assistance and Sustainment to the 

15 Military and National Security Forces of Ukraine’’, 

16 $200,000,000, to remain available until September 30, 

17 2016: Provided, That such funds shall be available to the 

18 Secretary of Defense, or the Secretary’s designee, with the 

19 concurrence of the Secretary of State, notwithstanding 

20 any other provision of law, for the purpose of providing 

21 assistance, including training, equipment, lethal weapons 

22 of a defensive nature, logistics support, supplies and serv23 ices, and sustainment to the military and national security 

24 forces of Ukraine, for the purposes of securing the sov25 ereign territory of Ukraine against foreign aggressors, 
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•HR 2685 EH

1 protecting and defending the Ukrainian people from at2 tacks posed by Russian-backed separatists, and promoting 

3 the conditions for a negotiated settlement to end the con4 flict: Provided further, That the authority to provide as5 sistance under this heading is in addition to any other au6 thority to provide assistance to Ukraine: Provided further, 

7 That contributions of funds for the purposes provided 

8 herein from any person, foreign government, or inter9 national organization may be credited to this account, to 

10 remain available until expended: Provided further, That 

11 the Secretary of Defense shall notify the congressional de12 fense committees in writing upon the receipt and upon the 

13 obligation of any contribution, delineating the sources and 

14 amounts of the funds received and the specific use of such 

15 contributions: Provided further, That the Secretary of De16 fense shall, not less than 15 days prior to obligating funds 

17 provided under this heading, notify the congressional de18 fense committees in writing of the details of any such obli19 gation: Provided further, That the United States may ac20 cept equipment procured using funds provided under this 

21 heading in this or prior Acts that was transferred to the 

22 security forces of Ukraine and returned by such forces to 

23 the United States: Provided further, That equipment pro24 cured using funds provided under this heading in this or 

25 prior Acts, and not yet transferred to the military or Na-
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•HR 2685 EH

1 tional Security Forces of Ukraine or returned by such 

2 forces to the United States, may be treated as stocks of 

3 the Department of Defense upon written notification to 

4 the congressional defense committees: Provided further, 

5 That amounts made available by this section are des6 ignated by the Congress for Overseas Contingency Oper7 ations/Global War on Terrorism pursuant to section 

8 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

9 Deficit Control Act of 1985: Provided further, That the 

10 authority to provide assistance under this section shall ter11 minate on September 30, 2016. 

12 SEC. 9015. (a) None of the funds appropriated or 

13 otherwise made available by this Act under the heading 

14 ‘‘Operation and Maintenance, Defense-Wide’’ for pay15 ments under section 1233 of Public Law 110–181 for re16 imbursement to the Government of Pakistan may be made 

17 available unless the Secretary of Defense, in coordination 

18 with the Secretary of State, certifies to the congressional 

19 defense committees that the Government of Pakistan is— 

20 (1) cooperating with the United States in 

21 counterterrorism efforts against the Haqqani Net22 work, the Quetta Shura Taliban, Lashkar e-Tayyiba, 

23 Jaish-e-Mohammed, Al Qaeda, and other domestic 

24 and foreign terrorist organizations, including taking 

25 steps to end support for such groups and prevent 
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1 them from basing and operating in Pakistan and 

2 carrying out cross border attacks into neighboring 

3 countries; 

4 (2) not supporting terrorist activities against 

5 United States or coalition forces in Afghanistan, and 

6 Pakistan’s military and intelligence agencies are not 

7 intervening extra-judicially into political and judicial 

8 processes in Pakistan; 

9 (3) dismantling improvised explosive device 

10 (IED) networks and interdicting precursor chemicals 

11 used in the manufacture of IEDs; 

12 (4) preventing the proliferation of nuclear-re13 lated material and expertise; 

14 (5) implementing policies to protect judicial 

15 independence and due process of law; 

16 (6) issuing visas in a timely manner for United 

17 States visitors engaged in counterterrorism efforts 

18 and assistance programs in Pakistan; and 

19 (7) providing humanitarian organizations access 

20 to detainees, internally displaced persons, and other 

21 Pakistani civilians affected by the conflict. 

22 (b) The Secretary of Defense, in coordination with 

23 the Secretary of State, may waive the restriction in sub24 section (a) on a case-by-case basis by certifying in writing 

25 to the congressional defense committees that it is in the 
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•HR 2685 EH

1 national security interest to do so: Provided, That if the 

2 Secretary of Defense, in coordination with the Secretary 

3 of State, exercises such waiver authority, the Secretaries 

4 shall report to the congressional defense committees on 

5 both the justification for the waiver and on the require6 ments of this section that the Government of Pakistan was 

7 not able to meet: Provided further, That such report may 

8 be submitted in classified form if necessary. 

9 (INCLUDING TRANSFER OF FUNDS)

10 SEC. 9016. In addition to amounts otherwise made 

11 available in this Act, $500,000,000 is hereby appropriated 

12 to the Department of Defense and made available for 

13 transfer only to the operations and maintenance, military 

14 personnel, and procurement accounts, to improve the intel15 ligence, surveillance, and reconnaissance capabilities of the 

16 Department of Defense: Provided, That the transfer au17 thority provided in this section is in addition to any other 

18 transfer authority provided elsewhere in this Act: Provided 

19 further, That not later than 30 days prior to exercising 

20 the transfer authority provided in this section, the Sec21 retary of Defense shall submit a report to the congres22 sional defense committees on the proposed uses of these 

23 funds: Provided further, That the funds provided in this 

24 section may not be transferred to any program, project, 

25 or activity specifically limited or denied by this Act: Pro-
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•HR 2685 EH

1 vided further, That amounts made available by this section 

2 are designated by the Congress for Overseas Contingency 

3 Operations/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: Provided further, That the 

6 authority to provide assistance under this section shall ter7 minate on September 30, 2016. 

8 (INCLUDING TRANSFER OF FUNDS)

9 SEC. 9017. In addition to amounts appropriated in 

10 title II or otherwise made available in this Act, 

11 $2,500,000,000 is hereby appropriated to the Department 

12 of Defense and made available for transfer to the oper13 ation and maintenance accounts of the Army, Navy, Ma14 rine Corps, and Air Force (including National Guard and 

15 Reserve) for purposes of improving military readiness: 

16 Provided further, That the transfer authority provided 

17 under this provision is in addition to any other transfer 

18 authority provided elsewhere in this Act. 

19 SEC. 9018. None of the funds made available by this 

20 Act may be used with respect to Syria in contravention 

21 of the War Powers Resolution (50 U.S.C. 1541 et seq.), 

22 including for the introduction of United States armed or 

23 military forces into hostilities in Syria, into situations in 

24 Syria where imminent involvement in hostilities is clearly 

25 indicated by the circumstances, or into Syrian territory, 
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1 airspace, or waters while equipped for combat, in con2 travention of the congressional consultation and reporting 

3 requirements of sections 3 and 4 of that law (50 U.S.C. 

4 1542 and 1543). 

5 TITLE X—ADDITIONAL GENERAL PROVISIONS 

6 SEC. 10001. (a) Congress finds that— 

7 (1) the United States has been engaged in mili8 tary operations against the Islamic State of Iraq and 

9 the Levant (ISIL) for more than 8 months; 

10 (2) President Obama submitted an authoriza11 tion for the use of military force against ISIL in 

12 February 2015; and 

13 (3) under article 1, section 8 of the Constitu14 tion, Congress has the authority to ‘‘declare war’’. 

15 (b) Therefore, Congress has a constitutional duty to 

16 debate and determine whether or not to authorize the use 

17 of military force against ISIL. 

18 SPENDING REDUCTION ACCOUNT

19 SEC. 10002. The amount by which the applicable al20 location of new budget authority made by the Committee 

21 on Appropriations of the House of Representatives under 

22 section 302(b) of the Congressional Budget Act of 1974 

23 exceeds the amount of proposed new budget authority is 

24 $0. 
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•HR 2685 EH

1 SEC. 10003. None of the funds made available by this 

2 Act may be used to divest or retire, or to prepare to divest 

3 or retire, KC–10 aircraft. 

4 SEC. 10004. None of the funds made available by this 

5 Act may be used to promulgate Directive 293, issued De6 cember 16, 2010, by the Office of Federal Contract Com7 pliance Programs. 

8 SEC. 10005. None of the funds made available by this 

9 Act may be used to divest, retire, transfer, or place in stor10 age or on backup aircraft inventory status, or prepare to 

11 divest, retire, transfer, or place in storage or on backup 

12 aircraft inventory status, any EC–130H aircraft. 

13 SEC. 10006. None of the funds made available by this 

14 Act may be used in contravention of section 2483(b)(5) 

15 of title 10, United States Code. 

16 SEC. 10007. None of the funds made available by this 

17 Act under the heading ‘‘Iraq Train and Equip Fund’’ may 

18 be used to procure or transfer man-portable air defense 

19 systems. 

20 SEC. 10008. None of the funds made available by this 

21 Act under section 9014 for ‘‘Assistance and Sustainment 

22 to the Military and National Security Forces of Ukraine’’ 

23 may be used to procure or transfer man-portable air de24 fense systems. 
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1 SEC. 10009. None of the funds made available by this 

2 Act may be used to provide arms, training, or other assist3 ance to the Azov Battalion. 

4 SEC. 10010. None of the funds made available by this 

5 Act may be used to carry out a furlough (as defined in 

6 section 7511(a)(5) of title 5, United States Code) that— 

7 (1) includes in the notice of the furlough made 

8 pursuant to section 752.404(b) of title 5, Code of 

9 Federal Regulations, ‘‘sequestration’’ as the reason 

10 for the furlough; and 

11 (2) is of a civilian employee of the Department 

12 of Defense who is paid from amounts in a Working 

13 Capital Fund Account pursuant to section 2208 of 

14 title 10, United States Code. 

15 SEC. 10011. None of the funds made available by this 

16 Act may be used to enter into a contract with any offeror 

17 or any of its principals if the offeror certifies, pursuant 

18 to the Federal Acquisition Regulation, that the offeror or 

19 any of its principals— 

20 (1) within a 3-year period preceding this offer 

21 has been convicted of or had a civil judgment ren22 dered against it for commission of fraud or a crimi23 nal offense in connection with obtaining, attempting 

24 to obtain, or performing a public (Federal, State, or 

25 local) contract or subcontract; violation of Federal or 
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•HR 2685 EH

1 State antitrust statutes relating to the submission of 

2 offers; or commission of embezzlement, theft, for3 gery, bribery, falsification or destruction of records, 

4 making false statements, tax evasion, violating Fed5 eral criminal tax laws, or receiving stolen property; 

6 (2) are presently indicted for, or otherwise 

7 criminally or civilly charged by a governmental enti8 ty with, commission of any of the offenses enumer9 ated in paragraph (1); or 

10 (3) within a 3-year period preceding this offer, 

11 has been notified of any delinquent Federal taxes in 

12 an amount that exceeds $3,000 for which the liabil13 ity remains unsatisfied. 

14 SEC. 10012. None of the funds made available by this 

15 Act may be used for Government Travel Charge Card ex16 penses by military or civilian personnel of the Department 

17 of Defense for gaming, or for entertainment that includes 

18 topless or nude entertainers or participants, as prohibited 

19 by Department of Defense FMR, Volume 9, Chapter 3 

20 and Department of Defense Instruction 1015.10 (enclo21 sure 3, 14a and 14b). 

22 SEC. 10013. None of the funds made available by this 

23 Act may be used to carry out any of the following: 

24 (1) Section 2(b), 2(d), 2(g), 3(c), 3(e), 3(f), or 

25 3(g) of Executive Order No. 13423. 
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•HR 2685 EH

1 (2) Section 2(a), 2(b), 2(c), 2(f)(iii–iv), 2(h), 7, 

2 9, 12, 13, or 16 of Executive Order No. 13514. 

3 (3) Section (3)(b), 3(c), 3(d), 3(e), 3(g), 7, 8, 

4 9, 11, 12, 13, 14, or 15 of Executive Order No. 

5 13963. 

6 (4) Subsection (c)(4), (c)(9), (c)(10), (c)(12), 

7 or (e) of section 2911 of title 10, United States 

8 Code. 

9 (5) Section 400AA or 400FF of the Energy 

10 Policy and Conservation Act (42 U.S.C. 6374, 

11 6374e). 

12 (6) Section 303 of the Energy Policy Act of 

13 1992 (42 U.S.C. 13212). 

14 (7) Section 203 of the Energy Policy Act of 

15 2005 (42 U.S.C. 15852). 

16 SEC. 10014. None of the funds made available by this 

17 Act may be used in contravention of the authority of the 

18 President pursuant to Article II, section 2 of the Constitu19 tion. 

20 SEC. 10015. None of the funds made available by this 

21 Act may be used to propose, plan for, or execute a new 

22 or additional Base Realignment and Closure (BRAC) 

23 round. 
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•HR 2685 EH

1 SEC. 10016. None of the funds made available by this 

2 Act may be used to retire conventionally armed air 

3 launched cruise missiles (AGM–86 C/D). 

4 SEC. 10017. Notwithstanding sections 8005 and 

5 9003, of the unobligated funds authorized to be appro6 priated in fiscal year 2016 and made available in this Act, 

7 $3,500,000,000 is available to transfer to the National 

8 Sea-Based Deterrence Fund established by section 2218a 

9 of title 10, United States Code, as authorized by sub10 section (b) of section 1022 of Public Law 113–291. 

11 SEC. 10018. (a) Except as provided in subsection (b), 

12 none of the funds made available by this Act may be used 

13 by an officer or employee of the United States to query 

14 a collection of foreign intelligence information acquired 

15 under section 702 of the Foreign Intelligence Surveillance 

16 Act of 1978 (50 U.S.C. 1881a) using a United States per17 son identifier. 

18 (b) Subsection (a) shall not apply to queries for for19 eign intelligence information authorized under section 

20 105, 304, 703, 704, or 705 of the Foreign Intelligence 

21 Surveillance Act of 1978 (50 U.S.C. 1805, 1842, 1881b, 

22 1881c, and 1881d), or title 18, United States Code, re23 gardless of under what Foreign Intelligence Surveillance 

24 Act authority it was collected. 
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•HR 2685 EH

1 (c) Except as provided for in subsection (d), none of 

2 the funds made available by this Act may be used by the 

3 National Security Agency or the Central Intelligence 

4 Agency to mandate or request that a person (as defined 

5 in section 101(m) of the Foreign Intelligence Surveillance 

6 Act of 1978 (50 U.S.C. 1801(m))) alter its product or 

7 service to permit the electronic surveillance (as defined in 

8 section 101(f) of such Act (50 U.S.C. 1801(f))) of any 

9 user of such product or service for such agencies. 

10 (d) Subsection (c) shall not apply with respect to 

11 mandates or requests authorized under the Communica12 tions Assistance for Law Enforcement Act (47 U.S.C. 

13 1001 et seq.). 

14 This Act may be cited as the ‘‘Department of Defense 

15 Appropriations Act, 2016’’. 

Passed the House of Representatives June 11, 2015. 

Attest: 

Clerk. 

114TH CONGRESS 

1ST SESSION H. R. 2685 

AN ACT 

Making appropriations for the Department of De2016, and for other purposes. fense for the fiscal year ending September 30,