II 

Calendar No. 115 

114TH CONGRESS 

1ST SESSION S. 1558 

[Report No. 114–63] 

Making appropriations for Department of Defense for the fiscal year ending 

September 30, 2016, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 11, 2015 

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

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

A BILL 

Making appropriations for 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, 

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 Department of Defense for the fiscal year ending Sep6 tember 30, 2016, and for other purposes, namely: 
2 

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1 TITLE I 

2 MILITARY PERSONNEL 

3 MILITARY PERSONNEL, ARMY

4 For pay, allowances, individual clothing, subsistence, 

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

8 between permanent duty stations, for members of the 

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

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

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

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

15 $41,038,287,000. 

16 MILITARY PERSONNEL, NAVY

17 For pay, allowances, individual clothing, subsistence, 

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

21 between permanent duty stations, for members of the 

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

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

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

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

2 of Defense Military Retirement Fund, $27,983,432,000. 

3 MILITARY PERSONNEL, MARINE CORPS

4 For pay, allowances, individual clothing, subsistence, 

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

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

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

12 402 note), and to the Department of Defense Military Re13 tirement Fund, $12,953,400,000. 

14 MILITARY PERSONNEL, AIR FORCE

15 For pay, allowances, individual clothing, subsistence, 

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

19 between permanent duty stations, for members of the Air 

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

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

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

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

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1 ment of Defense Military Retirement Fund, 

2 $27,756,536,000. 

3 RESERVE PERSONNEL, ARMY

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

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

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

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

9 States Code, in connection with performing duty specified 

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

11 while undergoing reserve training, or while performing 

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

14 and for payments to the Department of Defense Military 

15 Retirement Fund, $4,418,714,000. 

16 RESERVE PERSONNEL, NAVY

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

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

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

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

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

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

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

3 $1,849,541,000. 

4 RESERVE PERSONNEL, MARINE CORPS

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

6 travel, and related expenses for personnel of the Marine 

7 Corps Reserve on active duty under section 10211 of title 

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

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

10 in connection with performing duty specified in section 

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

14 leaders class, and expenses authorized by section 16131 

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

16 Department of Defense Military Retirement Fund, 

17 $697,839,000. 

18 RESERVE PERSONNEL, AIR FORCE

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

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

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

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

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

24 States Code, in connection with performing duty specified 

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

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1 while undergoing reserve training, or while performing 

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

4 and for payments to the Department of Defense Military 

5 Retirement Fund, $1,676,551,000. 

6 NATIONAL GUARD PERSONNEL, ARMY

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

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

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

11 States Code, or while serving on duty under section 

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

13 States Code, in connection with performing duty specified 

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

15 while undergoing training, or while performing drills or 

16 equivalent duty or other duty, and expenses authorized by 

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

19 Fund, $7,862,122,000. 

20 NATIONAL GUARD PERSONNEL, AIR FORCE

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

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

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

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

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

2 in connection with performing duty specified in section 

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

5 duty or other duty, and expenses authorized by section 

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

7 to the Department of Defense Military Retirement Fund, 

8 $3,205,691,000. 

9 TITLE II 

10 OPERATION AND MAINTENANCE 

11 OPERATION AND MAINTENANCE, ARMY

12 For expenses, not otherwise provided for, necessary 

13 for the operation and maintenance of the Army, as author14 ized by law, $27,285,099,000: Provided, That not to ex15 ceed $12,478,000 can be used for emergencies and ex16 traordinary expenses, to be expended on the approval or 

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

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

20 OPERATION AND MAINTENANCE, NAVY

21 For expenses, not otherwise provided for, necessary 

22 for the operation and maintenance of the Navy and the 

23 Marine Corps, as authorized by law, $25,933,099,000: 

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

25 emergencies and extraordinary expenses, to be expended 
8 

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

2 and payments may be made on his certificate of necessity 

3 for confidential military purposes. 

4 OPERATION AND MAINTENANCE, MARINE CORPS

5 For expenses, not otherwise provided for, necessary 

6 for the operation and maintenance of the Marine Corps, 

7 as authorized by law, $5,277,785,000. 

8 OPERATION AND MAINTENANCE, AIR FORCE

9 For expenses, not otherwise provided for, necessary 

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

11 authorized by law, $26,144,988,000: Provided, That not 

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

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

15 may be made on his certificate of necessity for confidential 

16 military purposes. 

17 OPERATION AND MAINTENANCE, DEFENSE-WIDE

18 (INCLUDING TRANSFER OF FUNDS)

19 For expenses, not otherwise provided for, necessary 

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

22 departments), as authorized by law, $32,124,431,000: 

23 Provided, That not more than $15,000,000 may be used 

24 for the Combatant Commander Initiative Fund authorized 

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

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

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

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

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

7 less than $35,045,000 shall be made available for the Pro8 curement Technical Assistance Cooperative Agreement 

9 Program, of which not less than $3,600,000 shall be avail10 able for centers defined in 10 U.S.C. 2411(1)(D): Pro11 vided further, That none of the funds appropriated or oth12 erwise made available by this Act may be used to plan 

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

16 or the service headquarters of one of the Armed Forces 

17 into a legislative affairs or legislative liaison office: Pro18 vided further, That $9,031,000, to remain available until 

19 expended, is available only for expenses relating to certain 

20 classified activities, and may be transferred as necessary 

21 by the Secretary of Defense to operation and maintenance 

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

24 for the same time period as the appropriations to which 

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

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1 vestment item unit cost of items that may be purchased 

2 with operation and maintenance funds shall not apply to 

3 the funds described in the preceding proviso: Provided fur4 ther, That the transfer authority provided under this head5 ing is in addition to any other transfer authority provided 

6 elsewhere in this Act. 

7 OPERATION AND MAINTENANCE, ARMY RESERVE

8 For expenses, not otherwise provided for, necessary 

9 for the operation and maintenance, including training, or10 ganization, and administration, of the Army Reserve; re11 pair of facilities and equipment; hire of passenger motor 

12 vehicles; travel and transportation; care of the dead; re13 cruiting; procurement of services, supplies, and equip14 ment; and communications, $2,679,992,000. 

15 OPERATION AND MAINTENANCE, NAVY RESERVE

16 For expenses, not otherwise provided for, necessary 

17 for the operation and maintenance, including training, or18 ganization, and administration, of the Navy Reserve; re19 pair of facilities and equipment; hire of passenger motor 

20 vehicles; travel and transportation; care of the dead; re21 cruiting; procurement of services, supplies, and equip22 ment; and communications, $998,758,000. 
11 

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1 OPERATION AND MAINTENANCE, MARINE CORPS

2 RESERVE

3 For expenses, not otherwise provided for, necessary 

4 for the operation and maintenance, including training, or5 ganization, and administration, of the Marine Corps Re6 serve; repair of facilities and equipment; hire of passenger 

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

8 recruiting; procurement of services, supplies, and equip9 ment; and communications, $277,036,000. 

10 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

11 For expenses, not otherwise provided for, necessary 

12 for the operation and maintenance, including training, or13 ganization, and administration, of the Air Force Reserve; 

14 repair of facilities and equipment; hire of passenger motor 

15 vehicles; travel and transportation; care of the dead; re16 cruiting; procurement of services, supplies, and equip17 ment; and communications, $3,056,357,000. 

18 OPERATION AND MAINTENANCE, ARMY NATIONAL

19 GUARD

20 For expenses of training, organizing, and admin21 istering the Army National Guard, including medical and 

22 hospital treatment and related expenses in non-Federal 

23 hospitals; maintenance, operation, and repairs to struc24 tures and facilities; hire of passenger motor vehicles; per25 sonnel services in the National Guard Bureau; travel ex-
12 

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1 penses (other than mileage), as authorized by law for 

2 Army personnel on active duty, for Army National Guard 

3 division, regimental, and battalion commanders while in4 specting units in compliance with National Guard Bureau 

5 regulations when specifically authorized by the Chief, Na6 tional Guard Bureau; supplying and equipping the Army 

7 National Guard as authorized by law; and expenses of re8 pair, modification, maintenance, and issue of supplies and 

9 equipment (including aircraft), $6,746,302,000. 

10 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

11 For expenses of training, organizing, and admin12 istering the Air 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; transportation of things, hire of pas16 senger motor vehicles; supplying and equipping the Air 

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

18 modification, maintenance, and issue of supplies and 

19 equipment, including those furnished from stocks under 

20 the control of agencies of the Department of Defense; 

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

22 authorized by law for Air National Guard personnel on 

23 active Federal duty, for Air National Guard commanders 

24 while inspecting units in compliance with National Guard 
13 

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1 Bureau regulations when specifically authorized by the 

2 Chief, National Guard Bureau, $6,951,010,000. 

3 UNITED STATES COURT OF APPEALS FOR THE ARMED

4 FORCES

5 For salaries and expenses necessary for the United 

6 States Court of Appeals for the Armed Forces, 

7 $14,078,000, of which not to exceed $5,000 may be used 

8 for official representation purposes. 

9 ENVIRONMENTAL RESTORATION, ARMY

10 (INCLUDING TRANSFER OF FUNDS)

11 For the Department of the Army, $234,829,000, to 

12 remain available until transferred: Provided, That the Sec13 retary of the Army shall, upon determining that such 

14 funds are required for environmental restoration, reduc15 tion and recycling of hazardous waste, removal of unsafe 

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

17 for similar purposes, transfer the funds made available by 

18 this appropriation to other appropriations made available 

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

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

21 time period as the appropriations to which transferred: 

22 Provided further, That upon a determination that all or 

23 part of the funds transferred from this appropriation are 

24 not necessary for the purposes provided herein, such 

25 amounts may be transferred back to this appropriation: 
14 

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1 Provided further, That the transfer authority provided 

2 under this heading is in addition to any other transfer au3 thority provided elsewhere in this Act. 

4 ENVIRONMENTAL RESTORATION, NAVY

5 (INCLUDING TRANSFER OF FUNDS)

6 For the Department of the Navy, $292,453,000, to 

7 remain available until transferred: Provided, That the Sec8 retary of the Navy shall, upon determining that such 

9 funds are required for environmental restoration, reduc10 tion and recycling of hazardous waste, removal of unsafe 

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

12 for similar purposes, transfer the funds made available by 

13 this appropriation to other appropriations made available 

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

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

16 time period as the appropriations to which transferred: 

17 Provided further, That upon a determination that all or 

18 part of the funds transferred from this appropriation are 

19 not necessary for the purposes provided herein, such 

20 amounts may be transferred back to this appropriation: 

21 Provided further, That the transfer authority provided 

22 under this heading is in addition to any other transfer au23 thority provided elsewhere in this Act. 
15 

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1 ENVIRONMENTAL RESTORATION, AIR FORCE

2 (INCLUDING TRANSFER OF FUNDS)

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

4 to remain available until transferred: Provided, That the 

5 Secretary of the Air Force shall, upon determining that 

6 such funds are required for environmental restoration, re7 duction and recycling of hazardous waste, removal of un8 safe buildings and debris of the Department of the Air 

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

10 available by this appropriation to other appropriations 

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

12 merged with and to be available for the same purposes 

13 and for the same time period as the appropriations to 

14 which transferred: Provided further, That upon a deter15 mination that all or part of the funds transferred from 

16 this appropriation are not necessary for the purposes pro17 vided herein, such amounts may be transferred back to 

18 this appropriation: Provided further, That the transfer au19 thority provided under this heading is in addition to any 

20 other transfer authority provided elsewhere in this Act. 

21 ENVIRONMENTAL RESTORATION, DEFENSE-WIDE

22 (INCLUDING TRANSFER OF FUNDS)

23 For the Department of Defense, $8,232,000, to re24 main available until transferred: Provided, That the Sec25 retary of Defense shall, upon determining that such funds 
16 

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1 are required for environmental restoration, reduction and 

2 recycling of hazardous waste, removal of unsafe buildings 

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

4 purposes, transfer the funds made available by this appro5 priation to other appropriations made available to the De6 partment of Defense, to be merged with and to be avail7 able for the same purposes and for the same time period 

8 as the appropriations to which transferred: Provided fur9 ther, That upon a determination that all or part of the 

10 funds transferred from this appropriation are not nec11 essary for the purposes provided herein, such amounts 

12 may be transferred back to this appropriation: Provided 

13 further, That the transfer authority provided under this 

14 heading is in addition to any other transfer authority pro15 vided elsewhere in this Act. 

16 ENVIRONMENTAL RESTORATION, FORMERLY USED

17 DEFENSE SITES

18 (INCLUDING TRANSFER OF FUNDS)

19 For the Department of the Army, $233,717,000, to 

20 remain available until transferred: Provided, That the Sec21 retary of the Army shall, upon determining that such 

22 funds are required for environmental restoration, reduc23 tion and recycling of hazardous waste, removal of unsafe 

24 buildings and debris at sites formerly used by the Depart25 ment of Defense, transfer the funds made available by this 
17 

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1 appropriation to other appropriations made available to 

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

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

4 period as the appropriations to which transferred: Pro5 vided further, That upon a determination that all or part 

6 of the funds transferred from this appropriation are not 

7 necessary for the purposes provided herein, such amounts 

8 may be transferred back to this appropriation: Provided 

9 further, That the transfer authority provided under this 

10 heading is in addition to any other transfer authority pro11 vided elsewhere in this Act. 

12 OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

13 For expenses relating to the Overseas Humanitarian, 

14 Disaster, and Civic Aid programs of the Department of 

15 Defense (consisting of the programs provided under sec16 tions 401, 402, 404, 407, 2557, and 2561 of title 10, 

17 United States Code), $100,266,000, to remain available 

18 until September 30, 2017. 

19 COOPERATIVE THREAT REDUCTION ACCOUNT

20 For assistance to the republics of the former Soviet 

21 Union and, with appropriate authorization by the Depart22 ment of Defense and Department of State, to countries 

23 outside of the former Soviet Union, including assistance 

24 provided by contract or by grants, for facilitating the 

25 elimination and the safe and secure transportation and 
18 

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1 storage of nuclear, chemical and other weapons; for estab2 lishing programs to prevent the proliferation of weapons, 

3 weapons components, and weapon-related technology and 

4 expertise; for programs relating to the training and sup5 port of defense and military personnel for demilitarization 

6 and protection of weapons, weapons components, and 

7 weapons technology and expertise, and for defense and 

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

9 September 30, 2018. 

10 DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE

11 DEVELOPMENT FUND

12 (INCLUDING TRANSFER OF FUNDS)

13 For the Department of Defense Acquisition Work14 force Development Fund, $84,140,000 to remain available 

15 until September 30, 2017: Provided, That the Secretary 

16 of Defense may transfer funds provided herein to appro17 priations for military personnel; for operation and mainte18 nance; for procurement; and for research, development, 

19 test and evaluation to accomplish purposes as provided for 

20 in section 1705 of title 10, United States Code: Provided 

21 further, That the funds appropriated under this heading 

22 shall be available for obligation for the same time period 

23 and for the same purpose as the appropriation to which 

24 transferred: Provided further, That upon a determination 

25 that all or part of the funds transferred from this appro-
19 

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1 priation are not necessary for the purposes provided here2 in, such amounts may be transferred back to this appro3 priation: Provided further, That the transfer authority pro4 vided under this heading is in addition to any other trans5 fer authority provided elsewhere in this Act. 

6 TITLE III 

7 PROCUREMENT 

8 AIRCRAFT PROCUREMENT, ARMY

9 For construction, procurement, production, modifica10 tion, and modernization of aircraft, equipment, including 

11 ordnance, ground handling equipment, spare parts, and 

12 accessories therefor; specialized equipment and training 

13 devices; expansion of public and private plants, including 

14 the land necessary therefor, for the foregoing purposes, 

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

16 and construction prosecuted thereon prior to approval of 

17 title; and procurement and installation of equipment, ap18 pliances, and machine tools in public and private plants; 

19 reserve plant and Government and contractor-owned 

20 equipment layaway; and other expenses necessary for the 

21 foregoing purposes, $5,465,751,000, to remain available 

22 for obligation until September 30, 2018. 

23 MISSILE PROCUREMENT, ARMY

24 For construction, procurement, production, modifica25 tion, and modernization of missiles, equipment, including 
20 

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1 ordnance, ground handling equipment, spare parts, and 

2 accessories therefor; specialized equipment and training 

3 devices; expansion of public and private plants, including 

4 the land necessary therefor, for the foregoing purposes, 

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

6 and construction prosecuted thereon prior to approval of 

7 title; and procurement and installation of equipment, ap8 pliances, and machine tools in public and private plants; 

9 reserve plant and Government and contractor-owned 

10 equipment layaway; and other expenses necessary for the 

11 foregoing purposes, $1,667,167,000, to remain available 

12 for obligation until September 30, 2018. 

13 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

14 VEHICLES, ARMY

15 For construction, procurement, production, and 

16 modification of weapons and tracked combat vehicles, 

17 equipment, including ordnance, spare parts, and acces18 sories therefor; specialized equipment and training devices; 

19 expansion of public and private plants, including the land 

20 necessary therefor, for the foregoing purposes, and such 

21 lands and interests therein, may be acquired, and con22 struction prosecuted thereon prior to approval of title; and 

23 procurement and installation of equipment, appliances, 

24 and machine tools in public and private plants; reserve 

25 plant and Government and contractor-owned equipment 
21 

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1 layaway; and other expenses necessary for the foregoing 

2 purposes, $1,914,446,000, to remain available for obliga3 tion until September 30, 2018. 

4 PROCUREMENT OF AMMUNITION, ARMY

5 For construction, procurement, production, and 

6 modification of ammunition, and accessories therefor; spe7 cialized equipment and training devices; expansion of pub8 lic and private plants, including ammunition facilities, au9 thorized by section 2854 of title 10, United States Code, 

10 and the land necessary therefor, for the foregoing pur11 poses, and such lands and interests therein, may be ac12 quired, and construction prosecuted thereon prior to ap13 proval of title; and procurement and installation of equip14 ment, appliances, and machine tools in public and private 

15 plants; reserve plant and Government and contractor16 owned equipment layaway; and other expenses necessary 

17 for the foregoing purposes, $1,247,426,000, to remain 

18 available for obligation until September 30, 2018. 

19 OTHER PROCUREMENT, ARMY

20 For construction, procurement, production, and 

21 modification of vehicles, including tactical, support, and 

22 non-tracked combat vehicles; the purchase of passenger 

23 motor vehicles for replacement only; communications and 

24 electronic equipment; other support equipment; spare 

25 parts, ordnance, and accessories therefor; specialized 
22 

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1 equipment and training devices; expansion of public and 

2 private plants, including the land necessary therefor, for 

3 the foregoing purposes, and such lands and interests 

4 therein, may be acquired, and construction prosecuted 

5 thereon prior to approval of title; and procurement and 

6 installation of equipment, appliances, and machine tools 

7 in public and private plants; reserve plant and Govern8 ment and contractor-owned equipment layaway; and other 

9 expenses necessary for the foregoing purposes, 

10 $5,648,874,000, to remain available for obligation until 

11 September 30, 2018. 

12 AIRCRAFT PROCUREMENT, NAVY

13 For construction, procurement, production, modifica14 tion, and modernization of aircraft, equipment, including 

15 ordnance, spare parts, and accessories therefor; specialized 

16 equipment; expansion of public and private plants, includ17 ing the land necessary therefor, and such lands and inter18 ests therein, may be acquired, and construction prosecuted 

19 thereon prior to approval of title; and procurement and 

20 installation of equipment, appliances, and machine tools 

21 in public and private plants; reserve plant and Govern22 ment and contractor-owned equipment layaway, 

23 $17,392,174,000, to remain available for obligation until 

24 September 30, 2018. 
23 

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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, $3,172,822,000, 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 
24 

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1 plants; reserve plant and Government and contractor2 owned equipment layaway; and other expenses necessary 

3 for the foregoing purposes, $728,741,000, to remain avail4 able for obligation until September 30, 2018. 

5 SHIPBUILDING AND CONVERSION, NAVY

6 For expenses necessary for the construction, acquisi7 tion, or conversion of vessels as authorized by law, includ8 ing armor and armament thereof, plant equipment, appli9 ances, and machine tools and installation thereof in public 

10 and private plants; reserve plant and Government and con11 tractor-owned equipment layaway; procurement of critical, 

12 long lead time components and designs for vessels to be 

13 constructed or converted in the future; and expansion of 

14 public and private plants, including land necessary there15 for, and such lands and interests therein, may be acquired, 

16 and construction prosecuted thereon prior to approval of 

17 title, as follows: 

18 Carrier Replacement Program, $1,634,701,000; 

19 Carrier Replacement Program (AP), 

20 $683,200,000; 

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

22 Virginia Class Submarine (AP), 

23 $1,993,740,000; 

24 CVN Refueling Overhauls, $678,274,000; 

25 CVN Refueling Overhauls (AP), $14,951,000; 
25 

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1 DDG–1000 Program, $433,404,000; 

2 DDG–51 Destroyer, $4,149,703,000; 

3 Littoral Combat Ship, $1,331,591,000; 

4 LPD–17, $550,000,000; 

5 Afloat Forward Staging Base (AP), 

6 $97,000,000; 

7 LHA Replacement (AP), $476,543,000; 

8 LX(R) (AP), $250,000,000; 

9 Joint High Speed Vessel, $225,000,000; 

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

11 T–ATS(X) Fleet Tug, $75,000,000; 

12 LCU Replacement, $34,000,000; 

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

14 Ship to Shore Connector, $204,630,000; 

15 Service Craft, $30,014,000; 

16 LCAC Service Life Extension Program, 

17 $80,738,000; 

18 YP Craft Maintenance/ROH/SLEP, 

19 $21,838,000; and 

20 For outfitting, post delivery, conversions, and 

21 first destination transportation, $663,970,000. 

22 Completion of Prior Year Shipbuilding Pro23 grams, $389,305,000. 

24 In all: $18,176,362,000, to remain available for obli25 gation until September 30, 2020: Provided, That addi-
26 

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1 tional obligations may be incurred after September 30, 

2 2020, for engineering services, tests, evaluations, and 

3 other such budgeted work that must be performed in the 

4 final stage of ship construction: Provided further, That 

5 none of the funds provided under this heading for the con6 struction or conversion of any naval vessel to be con7 structed in shipyards in the United States shall be ex8 pended in foreign facilities for the construction of major 

9 components of such vessel: Provided further, That none 

10 of the funds provided under this heading shall be used 

11 for the construction of any naval vessel in foreign ship12 yards. 

13 OTHER PROCUREMENT, NAVY

14 For procurement, production, and modernization of 

15 support equipment and materials not otherwise provided 

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

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

18 of passenger motor vehicles for replacement only; expan19 sion of public and private plants, including the land nec20 essary therefor, and such lands and interests therein, may 

21 be acquired, and construction prosecuted thereon prior to 

22 approval of title; and procurement and installation of 

23 equipment, appliances, and machine tools in public and 

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

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1 tractor-owned equipment layaway, $6,329,750,000, 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, $1,239,618,000, to remain available for ob16 ligation 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 

•S 1558 PCS

1 therein, may be acquired, and construction prosecuted 

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

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

6 $15,890,661,000, to remain available for obligation until 

7 September 30, 2018. 

8 MISSILE PROCUREMENT, AIR FORCE

9 For construction, procurement, and modification of 

10 missiles, rockets, and related equipment, including spare 

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

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

21 things, $2,965,869,000, to remain available for obligation 

22 until September 30, 2018. 

23 SPACE PROCUREMENT, AIR FORCE

24 For construction, procurement, and modification of 

25 spacecraft, rockets, and related equipment, including 
29 

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1 spare parts and accessories therefor; ground handling 

2 equipment, and training devices; expansion of public and 

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

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

11 things, $2,891,159,000, to remain available for obligation 

12 until September 30, 2018. 

13 PROCUREMENT OF AMMUNITION, AIR FORCE

14 For construction, procurement, production, and 

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

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

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

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1 for the foregoing purposes, $1,797,343,000, to remain 

2 available for obligation until September 30, 2018. 

3 OTHER PROCUREMENT, AIR FORCE

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

6 and ground electronic and communication equipment), 

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

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

13 the foregoing purposes, and such lands and interests 

14 therein, may be acquired, and construction prosecuted 

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

17 $17,997,359,000, to remain available for obligation until 

18 September 30, 2018. 

19 PROCUREMENT, DEFENSE-WIDE

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

22 necessary for procurement, production, and modification 

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

25 motor vehicles for replacement only; expansion of public 
31 

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1 and private plants, equipment, and installation thereof in 

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

3 for the foregoing purposes, and such lands and interests 

4 therein, may be acquired, and construction prosecuted 

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

7 $5,211,532,000, to remain available for obligation until 

8 September 30, 2018. 

9 DEFENSE PRODUCTION ACT PURCHASES

10 For activities by the Department of Defense pursuant 

11 to sections 108, 301, 302, and 303 of the Defense Produc12 tion Act of 1950 (50 U.S.C. App. 2078, 2091, 2092, and 

13 2093), $76,680,000, to remain available until expended. 

14 TITLE IV 

15 RESEARCH, DEVELOPMENT, TEST AND 

16 EVALUATION 

17 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

18 ARMY

19 For expenses necessary for basic and applied sci20 entific research, development, test and evaluation, includ21 ing maintenance, rehabilitation, lease, and operation of fa22 cilities and equipment, $7,096,935,000, to remain avail23 able for obligation until September 30, 2017. 
32 

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1 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

2 NAVY

3 For expenses necessary for basic and applied sci4 entific research, development, test and evaluation, includ5 ing maintenance, rehabilitation, lease, and operation of fa6 cilities and equipment, $18,236,645,000, to remain avail7 able for obligation until September 30, 2017: Provided, 

8 That funds appropriated in this paragraph which are 

9 available for the V–22 may be used to meet unique oper10 ational requirements of the Special Operations Forces. 

11 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

12 AIR FORCE

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, $25,874,116,000, to remain avail17 able for obligation until September 30, 2017. 

18 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

19 DEFENSE-WIDE

20 (INCLUDING TRANSFER OF FUNDS)

21 For expenses of activities and agencies of the Depart22 ment of Defense (other than the military departments), 

23 necessary for basic and applied scientific research, devel24 opment, test and evaluation; advanced research projects 

25 as may be designated and determined by the Secretary 
33 

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

2 lease, and operation of facilities and equipment, 

3 $18,926,433,000, to remain available for obligation until 

4 September 30, 2017: Provided, That, of the funds made 

5 available in this paragraph, $400,000,000 for the Defense 

6 Rapid Innovation Program shall only be available for ex7 penses, not otherwise provided for, to include program 

8 management and oversight, to conduct research, develop9 ment, test and evaluation to include proof of concept dem10 onstration; engineering, testing, and validation; and tran11 sition to full-scale production: Provided further, That the 

12 Secretary of Defense may transfer funds provided herein 

13 for the Defense Rapid Innovation Program to appropria14 tions for research, development, test and evaluation to ac15 complish the purpose provided herein: Provided further, 

16 That this transfer authority is in addition to any other 

17 transfer authority available to the Department of Defense: 

18 Provided further, That the Secretary of Defense shall, not 

19 fewer than 30 days prior to making transfers from this 

20 appropriation, notify the congressional defense committees 

21 in writing of the details of any such transfer. 

22 OPERATIONAL TEST AND EVALUATION, DEFENSE

23 For expenses, not otherwise provided for, necessary 

24 for the independent activities of the Director, Operational 

25 Test and Evaluation, in the direction and supervision of 
34 

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1 operational test and evaluation, including initial oper2 ational test and evaluation which is conducted prior to, 

3 and in support of, production decisions; joint operational 

4 testing and evaluation; and administrative expenses in 

5 connection therewith, $190,558,000, to remain available 

6 for obligation until September 30, 2017. 

7 TITLE V 

8 REVOLVING AND MANAGEMENT FUNDS 

9 DEFENSE WORKING CAPITAL FUNDS

10 For the Defense Working Capital Funds, 

11 $1,779,568,000. 

12 NATIONAL DEFENSE SEALIFT FUND

13 For National Defense Sealift Fund programs, 

14 projects, and activities, and for expenses of the National 

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

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

17 and for the necessary expenses to maintain and preserve 

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

19 needs of the United States, $474,164,000, to remain avail20 able until expended: Provided, That none of the funds pro21 vided in this paragraph shall be used to award a new con22 tract that provides for the acquisition of any of the fol23 lowing major components unless such components are 

24 manufactured in the United States: auxiliary equipment, 

25 including pumps, for all shipboard services; propulsion 
35 

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1 system components (engines, reduction gears, and propel2 lers); shipboard cranes; and spreaders for shipboard 

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

4 in a contract awarded through the obligation of previously 

5 appropriated funds shall not be considered to be the award 

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

7 funds provided in this paragraph shall be used to award 

8 a new contract for the construction, acquisition, or conver9 sion of vessels, including procurement of critical, long lead 

10 time components and designs for vessels to be constructed 

11 or converted in the future: Provided further, That the Sec12 retary of the military department responsible for such pro13 curement may waive the restrictions in the first proviso 

14 on a case-by-case basis by certifying in writing to the 

15 Committees on Appropriations of the House of Represent16 atives and the Senate that adequate domestic supplies are 

17 not available to meet Department of Defense requirements 

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

19 made in order to acquire capability for national security 

20 purposes. 

21 TITLE VI 

22 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

23 DEFENSE HEALTH PROGRAM

24 For expenses, not otherwise provided for, for medical 

25 and health care programs of the Department of Defense 
36 

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1 as authorized by law, $32,267,914,000; of which 

2 $30,103,891,000 shall be for operation and maintenance, 

3 of which not to exceed one percent shall remain available 

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

5 to $14,812,040,000 may be available for contracts entered 

6 into under the TRICARE program; of which 

7 $365,390,000, to remain available for obligation until Sep8 tember 30, 2018, shall be for procurement; and of which 

9 $1,798,633,000, to remain available for obligation until 

10 September 30, 2017, shall be for research, development, 

11 test and evaluation. 

12 CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, 

13 DEFENSE

14 For expenses, not otherwise provided for, necessary 

15 for the destruction of the United States stockpile of lethal 

16 chemical agents and munitions in accordance with the pro17 visions of section 1412 of the Department of Defense Au18 thorization Act, 1986 (50 U.S.C. 1521), and for the de19 struction of other chemical warfare materials that are not 

20 in the chemical weapon stockpile, $699,821,000, of which 

21 $118,198,000 shall be for operation and maintenance, of 

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

23 Stockpile Emergency Preparedness Program, consisting of 

24 $21,289,000 for activities on military installations and 

25 $29,454,000, to remain available until September 30, 
37 

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1 2017, to assist State and local governments; $2,281,000 

2 shall be for procurement, to remain available until Sep3 tember 30, 2018, of which $2,281,000 shall be for the 

4 Chemical Stockpile Emergency Preparedness Program to 

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

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

7 research, development, test and evaluation, of which 

8 $569,339,000 shall only be for the Assembled Chemical 

9 Weapons Alternatives program. 

10 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

11 DEFENSE

12 (INCLUDING TRANSFER OF FUNDS)

13 For drug interdiction and counter-drug activities of 

14 the Department of Defense, for transfer to appropriations 

15 available to the Department of Defense for military per16 sonnel of the reserve components serving under the provi17 sions of title 10 and title 32, United States Code; for oper18 ation and maintenance; for procurement; and for research, 

19 development, test and evaluation, $1,013,598,000, of 

20 which $681,109,000 shall be for counter-narcotics sup21 port; $119,589,000 shall be for the drug demand reduc22 tion program; $192,900,000 shall be for the National 

23 Guard counter-drug program; and $20,000,000 shall be 

24 for the National Guard counter-drug schools program: 

25 Provided, That the funds appropriated under this heading 
38 

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1 shall be available for obligation for the same time period 

2 and for the same purpose as the appropriation to which 

3 transferred: Provided further, That upon a determination 

4 that all or part of the funds transferred from this appro5 priation are not necessary for the purposes provided here6 in, such amounts may be transferred back to this appro7 priation: Provided further, That the transfer authority pro8 vided under this heading is in addition to any other trans9 fer authority contained elsewhere in this Act. 

10 OFFICE OF THE INSPECTOR GENERAL

11 For expenses and activities of the Office of the In12 spector General in carrying out the provisions of the In13 spector General Act of 1978, as amended, $312,559,000, 

14 of which $310,459,000 shall be for operation and mainte15 nance, of which not to exceed $700,000 is available for 

16 emergencies and extraordinary expenses to be expended on 

17 the approval or authority of the Inspector General, and 

18 payments may be made on the Inspector General’s certifi19 cate of necessity for confidential military purposes; and 

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

21 30, 2017, shall be for research, development, test and eval22 uation. 
39 

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1 TITLE VII 

2 RELATED AGENCIES 

3 CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

4 DISABILITY SYSTEM FUND

5 For payment to the Central Intelligence Agency Re6 tirement and Disability System Fund, to maintain the 

7 proper funding level for continuing the operation of the 

8 Central Intelligence Agency Retirement and Disability 

9 System, $514,000,000. 

10 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

11 For necessary expenses of the Intelligence Commu12 nity Management Account, $513,923,000. 

13 TITLE VIII 

14 GENERAL PROVISIONS 

15 SEC. 8001. No part of any appropriation contained 

16 in this Act shall be used for publicity or propaganda pur17 poses not authorized by the Congress. 

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

19 of law prohibiting the payment of compensation to, or em20 ployment of, any person not a citizen of the United States 

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

22 Provided, That salary increases granted to direct and indi23 rect hire foreign national employees of the Department of 

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

25 of the percentage increase authorized by law for civilian 
40 

•S 1558 PCS

1 employees of the Department of Defense whose pay is 

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

3 United States Code, or at a rate in excess of the percent4 age increase provided by the appropriate host nation to 

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

6 That this section shall not apply to Department of De7 fense foreign service national employees serving at United 

8 States diplomatic missions whose pay is set by the Depart9 ment of State under the Foreign Service Act of 1980: Pro10 vided further, That the limitations of this provision shall 

11 not apply to foreign national employees of the Department 

12 of Defense in the Republic of Turkey. 

13 SEC. 8003. No part of any appropriation contained 

14 in this Act shall remain available for obligation beyond 

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

16 SEC. 8004. No more than 20 percent of the appro17 priations in this Act which are limited for obligation dur18 ing the current fiscal year shall be obligated during the 

19 last 2 months of the fiscal year: Provided, That this sec20 tion shall not apply to obligations for support of active 

21 duty training of reserve components or summer camp 

22 training of the Reserve Officers’ Training Corps. 

23 (TRANSFER OF FUNDS)

24 SEC. 8005. Upon determination by the Secretary of 

25 Defense that such action is necessary in the national inter-
41 

•S 1558 PCS

1 est, he may, with the approval of the Office of Manage2 ment and Budget, transfer not to exceed $5,000,000,000 

3 of working capital funds of the Department of Defense 

4 or funds made available in this Act to the Department 

5 of Defense for military functions (except military con6 struction) between such appropriations or funds or any 

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

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

9 the appropriation or fund to which transferred: Provided, 

10 That such authority to transfer may not be used unless 

11 for higher priority items, based on unforeseen military re12 quirements, than those for which originally appropriated 

13 and in no case where the item for which funds are re14 quested has been denied by the Congress: Provided further, 

15 That the Secretary of Defense shall notify the Congress 

16 promptly of all transfers made pursuant to this authority 

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

18 no part of the funds in this Act shall be available to pre19 pare or present a request to the Committees on Appropria20 tions for reprogramming of funds, unless for higher pri21 ority items, based on unforeseen military requirements, 

22 than those for which originally appropriated and in no 

23 case where the item for which reprogramming is requested 

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

25 a request for multiple reprogrammings of funds using au-
42 

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1 thority provided in this section shall be made prior to June 

2 30, 2016: Provided further, That transfers among military 

3 personnel appropriations shall not be taken into account 

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

5 may be transferred under this section. 

6 SEC. 8006. (a) With regard to the list of specific pro7 grams, projects, and activities (and the dollar amounts 

8 and adjustments to budget activities corresponding to 

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

10 tables titled ‘‘Committee Recommended Adjustments’’ in 

11 the explanatory statement regarding this Act, the obliga12 tion and expenditure of amounts appropriated or other13 wise made available in this Act for those programs, 

14 projects, and activities for which the amounts appro15 priated exceed the amounts requested are hereby required 

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

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

18 in the text of this Act. 

19 (b) Amounts specified in the referenced tables de20 scribed in subsection (a) shall not be treated as subdivi21 sions of appropriations for purposes of section 8005 of this 

22 Act: Provided, That section 8005 shall apply when trans23 fers of the amounts described in subsection (a) occur be24 tween appropriation accounts. 
43 

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1 SEC. 8007. (a) Not later than 60 days after enact2 ment of this Act, the Department of Defense shall submit 

3 a report to the congressional defense committees to estab4 lish the baseline for application of reprogramming and 

5 transfer authorities for fiscal year 2016: Provided, That 

6 the report shall include— 

7 (1) a table for each appropriation with a sepa8 rate column to display the President’s budget re9 quest, adjustments made by Congress, adjustments 

10 due to enacted rescissions, if appropriate, and the 

11 fiscal year enacted level; 

12 (2) a delineation in the table for each appro13 priation both by budget activity and program, 

14 project, and activity as detailed in the Budget Ap15 pendix; and 

16 (3) an identification of items of special congres17 sional interest. 

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

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

20 reprogramming or transfer until the report identified in 

21 subsection (a) is submitted to the congressional defense 

22 committees, unless the Secretary of Defense certifies in 

23 writing to the congressional defense committees that such 

24 reprogramming or transfer is necessary as an emergency 

25 requirement: Provided, That this subsection shall not 
44 

•S 1558 PCS

1 apply to transfers from the following appropriations ac2 counts: 

3 (1) ‘‘Environmental Restoration, Army’’. 

4 (2) ‘‘Environmental Restoration, Navy’’. 

5 (3) ‘‘Environmental Restoration, Air Force’’. 

6 (4) ‘‘Environmental Restoration, Defense7 wide’’. 

8 (5) ‘‘Environmental Restoration, Formerly 

9 Used Defense Sites’’. 

10 (TRANSFER OF FUNDS)

11 SEC. 8008. During the current fiscal year, cash bal12 ances in working capital funds of the Department of De13 fense established pursuant to section 2208 of title 10, 

14 United States Code, may be maintained in only such 

15 amounts as are necessary at any time for cash disburse16 ments to be made from such funds: Provided, That trans17 fers may be made between such funds: Provided further, 

18 That transfers may be made between working capital 

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

20 appropriation and the ‘‘Operation and Maintenance’’ ap21 propriation accounts in such amounts as may be deter22 mined by the Secretary of Defense, with the approval of 

23 the Office of Management and Budget, except that such 

24 transfers may not be made unless the Secretary of Defense 

25 has notified the Congress of the proposed transfer: Pro-
45 

•S 1558 PCS

1 vided further, That except in amounts equal to the 

2 amounts appropriated to working capital funds in this Act, 

3 no obligations may be made against a working capital fund 

4 to procure or increase the value of war reserve material 

5 inventory, unless the Secretary of Defense has notified the 

6 Congress prior to any such obligation. 

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

8 be used to initiate a special access program without prior 

9 notification 30 calendar days in advance to the congres10 sional defense committees. 

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

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

13 employs economic order quantity procurement in excess of 

14 $20,000,000 in any one year of the contract or that in15 cludes an unfunded contingent liability in excess of 

16 $20,000,000; or (2) a contract for advance procurement 

17 leading to a multiyear contract that employs economic 

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

19 any one year, unless the congressional defense committees 

20 have been notified at least 30 days in advance of the pro21 posed contract award: Provided, That no part of any ap22 propriation contained in this Act shall be available to ini23 tiate a multiyear contract for which the economic order 

24 quantity advance procurement is not funded at least to 

25 the limits of the Government’s liability: Provided further, 
46 

•S 1558 PCS

1 That no part of any appropriation contained in this Act 

2 shall be available to initiate multiyear procurement con3 tracts for any systems or component thereof if the value 

4 of the multiyear contract would exceed $500,000,000 un5 less specifically provided in this Act: Provided further, 

6 That no multiyear procurement contract can be termi7 nated without 30-day prior notification to the congres8 sional defense committees: Provided further, That the exe9 cution of multiyear authority shall require the use of a 

10 present value analysis to determine lowest cost compared 

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

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

13 contract executed after the date of the enactment of this 

14 Act unless in the case of any such contract— 

15 (1) the Secretary of Defense has submitted to 

16 Congress a budget request for full funding of units 

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

18 of a contract for procurement of aircraft, that in19 cludes, for any aircraft unit to be procured through 

20 the contract for which procurement funds are re21 quested in that budget request for production be22 yond advance procurement activities in the fiscal 

23 year covered by the budget, full funding of procure24 ment of such unit in that fiscal year; 
47 

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1 (2) cancellation provisions in the contract do 

2 not include consideration of recurring manufacturing 

3 costs of the contractor associated with the produc4 tion of unfunded units to be delivered under the con5 tract; 

6 (3) the contract provides that payments to the 

7 contractor under the contract shall not be made in 

8 advance of incurred costs on funded units; and 

9 (4) the contract does not provide for a price ad10 justment based on a failure to award a follow-on 

11 contract. 

12 SEC. 8011. Within the funds appropriated for the op13 eration and maintenance of the Armed Forces, funds are 

14 hereby appropriated pursuant to section 401 of title 10, 

15 United States Code, for humanitarian and civic assistance 

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

17 Such funds may also be obligated for humanitarian and 

18 civic assistance costs incidental to authorized operations 

19 and pursuant to authority granted in section 401 of chap20 ter 20 of title 10, United States Code, and these obliga21 tions shall be reported as required by section 401(d) of 

22 title 10, United States Code: Provided, That funds avail23 able for operation and maintenance shall be available for 

24 providing humanitarian and similar assistance by using 

25 Civic Action Teams in the Trust Territories of the Pacific 
48 

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1 Islands and freely associated states of Micronesia, pursu2 ant to the Compact of Free Association as authorized by 

3 Public Law 99–239: Provided further, That upon a deter4 mination by the Secretary of the Army that such action 

5 is beneficial for graduate medical education programs con6 ducted at Army medical facilities located in Hawaii, the 

7 Secretary of the Army may authorize the provision of med8 ical services at such facilities and transportation to such 

9 facilities, on a nonreimbursable basis, for civilian patients 

10 from American Samoa, the Commonwealth of the North11 ern Mariana Islands, the Marshall Islands, the Federated 

12 States of Micronesia, Palau, and Guam. 

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

14 personnel of the Department of Defense may not be man15 aged on the basis of any end-strength, and the manage16 ment of such personnel during that fiscal year shall not 

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

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

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

20 (b) The fiscal year 2017 budget request for the De21 partment of Defense as well as all justification material 

22 and other documentation supporting the fiscal year 2017 

23 Department of Defense budget request shall be prepared 

24 and submitted to the Congress as if subsections (a) and 
49 

•S 1558 PCS

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

2 year 2017. 

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

4 to military (civilian) technicians. 

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

6 Act shall be used in any way, directly or indirectly, to in7 fluence congressional action on any legislation or appro8 priation matters pending before the Congress. 

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

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

11 any member of the Army participating as a full-time stu12 dent and receiving benefits paid by the Secretary of Vet13 erans Affairs from the Department of Defense Education 

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

15 credited toward completion of a service commitment: Pro16 vided, That this section shall not apply to those members 

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

18 1987: Provided further, That this section applies only to 

19 active components of the Army. 

20 (TRANSFER OF FUNDS)

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

22 for the Department of Defense Pilot Mentor-Prote ́ge ́ Pro23 gram may be transferred to any other appropriation con24 tained in this Act solely for the purpose of implementing 

25 a Mentor-Prote ́ge ́ Program developmental assistance 
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1 agreement pursuant to section 831 of the National De2 fense Authorization Act for Fiscal Year 1991 (Public Law 

3 101–510; 10 U.S.C. 2302 note), as amended, under the 

4 authority of this provision or any other transfer authority 

5 contained in this Act. 

6 SEC. 8016. Of the amounts appropriated for ‘‘Work7 ing Capital Fund, Army’’, $145,000,000 shall be available 

8 to maintain competitive rates at the arsenals. 

9 SEC. 8017. None of the funds available to the De10 partment of Defense may be used to demilitarize or dis11 pose of M–1 Carbines, M–1 Garand rifles, M–14 rifles, 

12 .22 caliber rifles, .30 caliber rifles, or M–1911 pistols, or 

13 to demilitarize or destroy small arms ammunition or am14 munition components that are not otherwise prohibited 

15 from commercial sale under Federal law, unless the small 

16 arms ammunition or ammunition components are certified 

17 by the Secretary of the Army or designee as unserviceable, 

18 unsuitable, or unsafe for further use. 

19 SEC. 8018. No more than $500,000 of the funds ap20 propriated or made available in this Act shall be used dur21 ing a single fiscal year for any single relocation of an orga22 nization, unit, activity or function of the Department of 

23 Defense into or within the National Capital Region: Pro24 vided, That the Secretary of Defense may waive this re25 striction on a case-by-case basis by certifying in writing 
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1 to the congressional defense committees that such a relo2 cation is required in the best interest of the Government. 

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

4 up to $15,000,000 may be available for incentive pay5 ments authorized by section 504 of the Indian Financing 

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

7 contractor or a subcontractor at any tier that makes a 

8 subcontract award to any subcontractor or supplier as de9 fined in section 1544 of title 25, United States Code, or 

10 a small business owned and controlled by an individual 

11 or individuals defined under section 4221(9) of title 25, 

12 United States Code, shall be considered a contractor for 

13 the purposes of being allowed additional compensation 

14 under section 504 of the Indian Financing Act of 1974 

15 (25 U.S.C. 1544) whenever the prime contract or sub16 contract amount is over $500,000 and involves the ex17 penditure of funds appropriated by an Act making appro18 priations for the Department of Defense with respect to 

19 any fiscal year: Provided further, That notwithstanding 

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

21 shall be applicable to any Department of Defense acquisi22 tion of supplies or services, including any contract and any 

23 subcontract at any tier for acquisition of commercial items 

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

25 subcontractor or supplier defined in section 1544 of title 
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1 25, United States Code, or a small business owned and 

2 controlled by an individual or individuals defined under 

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

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

5 Defense Media Activity shall not be used for any national 

6 or international political or psychological activities. 

7 SEC. 8021. During the current fiscal year, the De8 partment of Defense is authorized to incur obligations of 

9 not to exceed $350,000,000 for purposes specified in sec10 tion 2350j(c) of title 10, United States Code, in anticipa11 tion of receipt of contributions, only from the Government 

12 of Kuwait, under that section: Provided, That, upon re13 ceipt, such contributions from the Government of Kuwait 

14 shall be credited to the appropriations or fund which in15 curred such obligations. 

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

17 Act, not less than $39,805,000 shall be available for the 

18 Civil Air Patrol Corporation, of which— 

19 (1) $27,711,000 shall be available from ‘‘Oper20 ation and Maintenance, Air Force’’ to support Civil 

21 Air Patrol Corporation operation and maintenance, 

22 readiness, counter-drug activities, and drug demand 

23 reduction activities involving youth programs; 

24 (2) $10,417,000 shall be available from ‘‘Air25 craft Procurement, Air Force’’; and 
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1 (3) $1,677,000 shall be available from ‘‘Other 

2 Procurement, Air Force’’ for vehicle procurement. 

3 (b) The Secretary of the Air Force should waive reim4 bursement for any funds used by the Civil Air Patrol for 

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

6 local government agencies. 

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

8 Act are available to establish a new Department of De9 fense (department) federally funded research and develop10 ment center (FFRDC), either as a new entity, or as a 

11 separate entity administrated by an organization man12 aging another FFRDC, or as a nonprofit membership cor13 poration consisting of a consortium of other FFRDCs and 

14 other nonprofit entities. 

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

16 Overseers, Advisory Group, Special Issues Panel, Visiting 

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

18 and no paid consultant to any defense FFRDC, except 

19 when acting in a technical advisory capacity, may be com20 pensated for his or her services as a member of such enti21 ty, or as a paid consultant by more than one FFRDC in 

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

23 referred to previously in this subsection shall be allowed 

24 travel expenses and per diem as authorized under the Fed-
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1 eral Joint Travel Regulations, when engaged in the per2 formance of membership duties. 

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

4 of the funds available to the department from any source 

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

6 through a fee or other payment mechanism, for construc7 tion of new buildings, for payment of cost sharing for 

8 projects funded by Government grants, for absorption of 

9 contract overruns, or for certain charitable contributions, 

10 not to include employee participation in community service 

11 and/or development: Provided, That up to 1 percent of 

12 funds provided in this Act for support of defense FFRDCs 

13 may be used for planning and design of scientific or engi14 neering facilities: Provided further, That the Secretary of 

15 Defense shall notify the congressional defense committees 

16 15 days in advance of exercising the authority in the pre17 vious proviso. 

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

19 the funds available to the department during fiscal year 

20 2016, not more than 5,750 staff years of technical effort 

21 (staff years) may be funded for defense FFRDCs: Pro22 vided, That, of the specific amount referred to previously 

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

24 be funded for the defense studies and analysis FFRDCs: 

25 Provided further, That this subsection shall not apply to 
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1 staff years funded in the National Intelligence Program 

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

3 (e) The Secretary of Defense shall, with the submis4 sion of the department’s fiscal year 2017 budget request, 

5 submit a report presenting the specific amounts of staff 

6 years of technical effort to be allocated for each defense 

7 FFRDC during that fiscal year and the associated budget 

8 estimates. 

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

10 the total amount appropriated in this Act for FFRDCs 

11 is hereby reduced by $65,000,000. 

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

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

14 or armor steel plate for use in any Government-owned fa15 cility or property under the control of the Department of 

16 Defense which were not melted and rolled in the United 

17 States or Canada: Provided, That these procurement re18 strictions shall apply to any and all Federal Supply Class 

19 9515, American Society of Testing and Materials (ASTM) 

20 or American Iron and Steel Institute (AISI) specifications 

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

22 That the Secretary of the military department responsible 

23 for the procurement may waive this restriction on a case24 by-case basis by certifying in writing to the Committees 

25 on Appropriations of the House of Representatives and the 
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1 Senate that adequate domestic supplies are not available 

2 to meet Department of Defense requirements on a timely 

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

4 to acquire capability for national security purposes: Pro5 vided further, That these restrictions shall not apply to 

6 contracts which are in being as of the date of the enact7 ment of this Act. 

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

9 ‘‘congressional defense committees’’ means the Armed 

10 Services Committee of the House of Representatives, the 

11 Armed Services Committee of the Senate, the Sub12 committee on Defense of the Committee on Appropriations 

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

14 Committee on Appropriations of the House of Representa15 tives. 

16 SEC. 8026. During the current fiscal year, the De17 partment of Defense may acquire the modification, depot 

18 maintenance and repair of aircraft, vehicles and vessels 

19 as well as the production of components and other De20 fense-related articles, through competition between De21 partment of Defense depot maintenance activities and pri22 vate firms: Provided, That the Senior Acquisition Execu23 tive of the military department or Defense Agency con24 cerned, with power of delegation, shall certify that success25 ful bids include comparable estimates of all direct and in-
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1 direct costs for both public and private bids: Provided fur2 ther, That Office of Management and Budget Circular A– 

3 76 shall not apply to competitions conducted under this 

4 section. 

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

6 consultation with the United States Trade Representative, 

7 determines that a foreign country which is party to an 

8 agreement described in paragraph (2) has violated the 

9 terms of the agreement by discriminating against certain 

10 types of products produced in the United States that are 

11 covered by the agreement, the Secretary of Defense shall 

12 rescind the Secretary’s blanket waiver of the Buy Amer13 ican Act with respect to such types of products produced 

14 in that foreign country. 

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

16 reciprocal defense procurement memorandum of under17 standing, between the United States and a foreign country 

18 pursuant to which the Secretary of Defense has prospec19 tively waived the Buy American Act for certain products 

20 in that country. 

21 (b) The Secretary of Defense shall submit to the Con22 gress a report on the amount of Department of Defense 

23 purchases from foreign entities in fiscal year 2016. Such 

24 report shall separately indicate the dollar value of items 

25 for which the Buy American Act was waived pursuant to 
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1 any agreement described in subsection (a)(2), the Trade 

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

3 international agreement to which the United States is a 

4 party. 

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

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

7 States Code. 

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

9 contained in the Department of Defense Overseas Military 

10 Facility Investment Recovery Account established by sec11 tion 2921(c)(1) of the National Defense Authorization Act 

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

13 be available until expended for the payments specified by 

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

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

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

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

18 tribes located in the States of Nevada, Idaho, North Da19 kota, South Dakota, Montana, Oregon, Minnesota, and 

20 Washington relocatable military housing units located at 

21 Grand Forks Air Force Base, Malmstrom Air Force Base, 

22 Mountain Home Air Force Base, Ellsworth Air Force 

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

24 needs of the Air Force. 
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1 (b) The Secretary of the Air Force shall convey, at 

2 no cost to the Air Force, military housing units under sub3 section (a) in accordance with the request for such units 

4 that are submitted to the Secretary by the Operation 

5 Walking Shield Program on behalf of Indian tribes located 

6 in the States of Nevada, Idaho, North Dakota, South Da7 kota, Montana, Oregon, Minnesota, and Washington. Any 

8 such conveyance shall be subject to the condition that the 

9 housing units shall be removed within a reasonable period 

10 of time, as determined by the Secretary. 

11 (c) The Operation Walking Shield Program shall re12 solve any conflicts among requests of Indian tribes for 

13 housing units under subsection (a) before submitting re14 quests to the Secretary of the Air Force under subsection 

15 (b). 

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

17 any recognized Indian tribe included on the current list 

18 published by the Secretary of the Interior under section 

19 104 of the Federally Recognized Indian Tribe Act of 1994 

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

21 1). 

22 SEC. 8030. During the current fiscal year, appropria23 tions which are available to the Department of Defense 

24 for operation and maintenance may be used to purchase 
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1 items having an investment item unit cost of not more 

2 than $250,000. 

3 SEC. 8031. The Secretary of Defense shall issue reg4 ulations to prohibit the sale of any tobacco or tobacco5 related products in military resale outlets in the United 

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

7 most competitive price in the local community: Provided, 

8 That such regulations shall direct that the prices of to9 bacco or tobacco-related products in overseas military re10 tail outlets shall be within the range of prices established 

11 for military retail system stores located in the United 

12 States. 

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

14 of the appropriations or funds available to the Department 

15 of Defense Working Capital Funds shall be used for the 

16 purchase of an investment item for the purpose of acquir17 ing a new inventory item for sale or anticipated sale dur18 ing the current fiscal year or a subsequent fiscal year to 

19 customers of the Department of Defense Working Capital 

20 Funds if such an item would not have been chargeable 

21 to the Department of Defense Business Operations Fund 

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

23 investment item would be chargeable during the current 

24 fiscal year to appropriations made to the Department of 

25 Defense for procurement. 
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1 (b) The fiscal year 2017 budget request for the De2 partment of Defense as well as all justification material 

3 and other documentation supporting the fiscal year 2017 

4 Department of Defense budget shall be prepared and sub5 mitted to the Congress on the basis that any equipment 

6 which was classified as an end item and funded in a pro7 curement appropriation contained in this Act shall be 

8 budgeted for in a proposed fiscal year 2017 procurement 

9 appropriation and not in the supply management business 

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

11 Defense Working Capital Funds. 

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

13 Act for programs of the Central Intelligence Agency shall 

14 remain available for obligation beyond the current fiscal 

15 year, except for funds appropriated for the Reserve for 

16 Contingencies, which shall remain available until Sep17 tember 30, 2017: Provided, That funds appropriated, 

18 transferred, or otherwise credited to the Central Intel19 ligence Agency Central Services Working Capital Fund 

20 during this or any prior or subsequent fiscal year shall 

21 remain available until expended: Provided further, That 

22 any funds appropriated or transferred to the Central Intel23 ligence Agency for advanced research and development ac24 quisition, for agent operations, and for covert action pro25 grams authorized by the President under section 503 of 
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1 the National Security Act of 1947 (50 U.S.C. 3093) shall 

2 remain available until September 30, 2017. 

3 SEC. 8034. Notwithstanding any other provision of 

4 law, funds made available in this Act for the Defense In5 telligence Agency may be used for the design, develop6 ment, and deployment of General Defense Intelligence 

7 Program intelligence communications and intelligence in8 formation systems for the Services, the Unified and Speci9 fied Commands, and the component commands. 

10 SEC. 8035. Of the funds appropriated to the Depart11 ment of Defense under the heading ‘‘Operation and Main12 tenance, Defense-Wide’’, not less than $12,000,000 may 

13 be made available only for the mitigation of environmental 

14 impacts, including training and technical assistance to 

15 tribes, related administrative support, the gathering of in16 formation, documenting of environmental damage, and de17 veloping a system for prioritization of mitigation and cost 

18 to complete estimates for mitigation, on Indian lands re19 sulting from Department of Defense activities. 

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

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

22 Defense unless the entity, in expending the funds, com23 plies with the Buy American Act. For purposes of this 

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

25 83 of title 41, United States Code. 
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1 (b) If the Secretary of Defense determines that a per2 son has been convicted of intentionally affixing a label 

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

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

5 in America, the Secretary shall determine, in accordance 

6 with section 2410f of title 10, United States Code, wheth7 er the person should be debarred from contracting with 

8 the Department of Defense. 

9 (c) In the case of any equipment or products pur10 chased with appropriations provided under this Act, it is 

11 the sense of the Congress that any entity of the Depart12 ment of Defense, in expending the appropriation, purchase 

13 only American-made equipment and products, provided 

14 that American-made equipment and products are cost15 competitive, quality competitive, and available in a timely 

16 fashion. 

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

18 Act and hereafter shall be available for a contract for stud19 ies, analysis, or consulting services entered into without 

20 competition on the basis of an unsolicited proposal unless 

21 the head of the activity responsible for the procurement 

22 determines— 

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

24 only one source is found fully qualified to perform 

25 the proposed work; 
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1 (2) the purpose of the contract is to explore an 

2 unsolicited proposal which offers significant sci3 entific or technological promise, represents the prod4 uct of original thinking, and was submitted in con5 fidence by one source; or 

6 (3) the purpose of the contract is to take ad7 vantage of unique and significant industrial accom8 plishment by a specific concern, or to insure that a 

9 new product or idea of a specific concern is given fi10 nancial support: Provided, That this limitation shall 

11 not apply to contracts in an amount of less than 

12 $25,000, contracts related to improvements of equip13 ment that is in development or production, or con14 tracts as to which a civilian official of the Depart15 ment of Defense, who has been confirmed by the 

16 Senate, determines that the award of such contract 

17 is in the interest of the national defense. 

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

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

20 be used— 

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

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

23 Armed Forces or civilian employee of the depart24 ment who is transferred or reassigned from a head-
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1 quarters activity if the member or employee’s place 

2 of duty remains at the location of that headquarters. 

3 (b) The Secretary of Defense or Secretary of a mili4 tary department may waive the limitations in subsection 

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

6 and certifies to the Committees on Appropriations of the 

7 House of Representatives and the Senate that the grant8 ing of the waiver will reduce the personnel requirements 

9 or the financial requirements of the department. 

10 (c) This section does not apply to— 

11 (1) field operating agencies funded within the 

12 National Intelligence Program; 

13 (2) an Army field operating agency established 

14 to eliminate, mitigate, or counter the effects of im15 provised explosive devices, and, as determined by the 

16 Secretary of the Army, other similar threats; 

17 (3) an Army field operating agency established 

18 to improve the effectiveness and efficiencies of bio19 metric activities and to integrate common biometric 

20 technologies throughout the Department of Defense; 

21 or 

22 (4) an Air Force field operating agency estab23 lished to administer the Air Force Mortuary Affairs 

24 Program and Mortuary Operations for the Depart25 ment of Defense and authorized Federal entities. 
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1 SEC. 8039. (a) None of the funds appropriated by 

2 this Act shall be available to convert to contractor per3 formance an activity or function of the Department of De4 fense that, on or after the date of the enactment of this 

5 Act, is performed by Department of Defense civilian em6 ployees unless— 

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

8 public-private competition that includes a most effi9 cient and cost effective organization plan developed 

10 by such activity or function; 

11 (2) the Competitive Sourcing Official deter12 mines that, over all performance periods stated in 

13 the solicitation of offers for performance of the ac14 tivity or function, the cost of performance of the ac15 tivity or function by a contractor would be less costly 

16 to the Department of Defense by an amount that 

17 equals or exceeds the lesser of— 

18 (A) 10 percent of the most efficient organi19 zation’s personnel-related costs for performance 

20 of that activity or function by Federal employ21 ees; or 

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

23 (3) the contractor does not receive an advan24 tage for a proposal that would reduce costs for the 

25 Department of Defense by— 
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1 (A) not making an employer-sponsored 

2 health insurance plan available to the workers 

3 who are to be employed in the performance of 

4 that activity or function under the contract; or 

5 (B) offering to such workers an employer6 sponsored health benefits plan that requires the 

7 employer to contribute less towards the pre8 mium or subscription share than the amount 

9 that is paid by the Department of Defense for 

10 health benefits for civilian employees under 

11 chapter 89 of title 5, United States Code. 

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

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

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

15 notwithstanding any administrative regulation, require16 ment, or policy to the contrary shall have full authority 

17 to enter into a contract for the performance of any com18 mercial or industrial type function of the Department of 

19 Defense that— 

20 (A) is included on the procurement list estab21 lished pursuant to section 2 of the Javits-Wagner22 O’Day Act (section 8503 of title 41, United States 

23 Code); 

24 (B) is planned to be converted to performance 

25 by a qualified nonprofit agency for the blind or by 
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1 a qualified nonprofit agency for other severely handi2 capped individuals in accordance with that Act; or 

3 (C) is planned to be converted to performance 

4 by a qualified firm under at least 51 percent owner5 ship by an Indian tribe, as defined in section 4(e) 

6 of the Indian Self-Determination and Education As7 sistance Act (25 U.S.C. 450b(e)), or a Native Ha8 waiian Organization, as defined in section 8(a)(15) 

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

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

11 or contracts for depot maintenance as provided in sections 

12 2469 and 2474 of title 10, United 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 ‘‘Cooperative Threat Reduction Account’’, 

9 2014/2016, $23,727,000; 

10 ‘‘Other Procurement, Air Force’’, 2014/2016, 

11 $78,000,000; 

12 ‘‘Cooperative Threat Reduction Account’’, 

13 2015/2017, $13,345,000; 

14 ‘‘Aircraft Procurement, Army’’, 2015/2017, 

15 $68,000,000; 

16 ‘‘Aircraft Procurement, Air Force’’, 2015/2017, 

17 $139,976,000; 

18 ‘‘Missile Procurement, Air Force’’, 2015/2017, 

19 $212,000,000; 

20 ‘‘Other Procurement, Air Force’’, 2015/2017, 

21 $9,000,000; 

22 ‘‘Research, Development, Test and Evaluation, 

23 Army’’, 2015/2016, $9,299,000; 

24 ‘‘Research, Development, Test and Evaluation, 

25 Air Force’’, 2015/2016, $665,000,000; and 
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1 ‘‘Research, Development, Test and Evaluation, 

2 Defense-Wide’’, 2015/2016, $60,691,000. 

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

4 may be used to reduce the authorized positions for mili5 tary technicians (dual status) of the Army National 

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

7 Reserve for the purpose of applying any administratively 

8 imposed civilian personnel ceiling, freeze, or reduction on 

9 military technicians (dual status), unless such reductions 

10 are a direct result of a reduction in military force struc11 ture. 

12 SEC. 8042. None of the funds appropriated or other13 wise made available in this Act may be obligated or ex14 pended for assistance to the Democratic People’s Republic 

15 of Korea unless specifically appropriated for that purpose. 

16 SEC. 8043. Funds appropriated in this Act for oper17 ation and maintenance of the Military Departments, Com18 batant Commands and Defense Agencies shall be available 

19 for reimbursement of pay, allowances and other expenses 

20 which would otherwise be incurred against appropriations 

21 for the National Guard and Reserve when members of the 

22 National Guard and Reserve provide intelligence or coun23 terintelligence support to Combatant Commands, Defense 

24 Agencies and Joint Intelligence Activities, including the 

25 activities and programs included within the National Intel-
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1 ligence Program and the Military Intelligence Program: 

2 Provided, That nothing in this section authorizes deviation 

3 from established Reserve and National Guard personnel 

4 and training procedures. 

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

6 Department of Defense for any fiscal year for drug inter7 diction or counter-drug activities may be transferred to 

8 any other department or agency of the United States ex9 cept as specifically provided in an appropriations law. 

10 (b) None of the funds available to the Central Intel11 ligence Agency for any fiscal year for drug interdiction or 

12 counter-drug activities may be transferred to any other de13 partment or agency of the United States except as specifi14 cally provided in an appropriations law. 

15 SEC. 8045. None of the funds made available by this 

16 Act may be used for Evolved Expendable Launch Vehicle 

17 launch service competitions unless such competitions are 

18 open to all certified providers of Evolved Expendable 

19 Launch Vehicle-class systems: Provided, That competi20 tions for launches with multiple service providers shall 

21 consider bids from two or more providers: Provided fur22 ther, That notwithstanding any other provision of law, 

23 such providers may compete any certified launch vehicle 

24 in their inventory. 
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1 SEC. 8046. In addition to the amounts appropriated 

2 or otherwise made available elsewhere in this Act, 

3 $20,000,000 is hereby appropriated to the Department of 

4 Defense: Provided, That upon the determination of the 

5 Secretary of Defense that it shall serve the national inter6 est, the Secretary shall make a grant in the amount speci7 fied as follows: $20,000,000 to the United Service Organi8 zations. 

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

10 used to purchase any supercomputer which is not manu11 factured in the United States, unless the Secretary of De12 fense certifies to the congressional defense committees 

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

14 capability for national security purposes that is not avail15 able from United States manufacturers. 

16 SEC. 8048. Notwithstanding any other provision in 

17 this Act, the Small Business Innovation Research program 

18 and the Small Business Technology Transfer program set19 asides shall be taken proportionally from all programs, 

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

21 extramural budget. 

22 SEC. 8049. None of the funds available to the De23 partment of Defense under this Act shall be obligated or 

24 expended to pay a contractor under a contract with the 
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1 Department of Defense for costs of any amount paid by 

2 the contractor to an employee when— 

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

4 excess of the normal salary paid by the contractor 

5 to the employee; and 

6 (2) such bonus is part of restructuring costs as7 sociated with a business combination. 

8 (INCLUDING TRANSFER OF FUNDS)

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

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

11 under the heading ‘‘Operation and Maintenance, Defense12 Wide’’ may be transferred to appropriations available for 

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

14 be available for the same time period as the appropriations 

15 to which transferred, to be used in support of such per16 sonnel in connection with support and services for eligible 

17 organizations and activities outside the Department of De18 fense pursuant to section 2012 of title 10, United States 

19 Code. 

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

21 of an appropriation account of the Department of Defense 

22 for which the period of availability for obligation has ex23 pired or which has closed under the provisions of section 

24 1552 of title 31, United States Code, and which has a 

25 negative unliquidated or unexpended balance, an obliga-
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1 tion or an adjustment of an obligation may be charged 

2 to any current appropriation account for the same purpose 

3 as the expired or closed account if— 

4 (1) the obligation would have been properly 

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

6 closed account before the end of the period of avail7 ability or closing of that account; 

8 (2) the obligation is not otherwise properly 

9 chargeable to any current appropriation account of 

10 the Department of Defense; and 

11 (3) in the case of an expired account, the obli12 gation is not chargeable to a current appropriation 

13 of the Department of Defense under the provisions 

14 of section 1405(b)(8) of the National Defense Au15 thorization Act for Fiscal Year 1991, Public Law 

16 101–510, as amended (31 U.S.C. 1551 note): Pro17 vided, That in the case of an expired account, if sub18 sequent review or investigation discloses that there 

19 was not in fact a negative unliquidated or unex20 pended balance in the account, any charge to a cur21 rent account under the authority of this section shall 

22 be reversed and recorded against the expired ac23 count: Provided further, That the total amount 

24 charged to a current appropriation under this sec-
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1 tion may not exceed an amount equal to 1 percent 

2 of the total appropriation for that account. 

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

4 of law, the Chief of the National Guard Bureau may per5 mit the use of equipment of the National Guard Distance 

6 Learning Project by any person or entity on a space-avail7 able, reimbursable basis. The Chief of the National Guard 

8 Bureau shall establish the amount of reimbursement for 

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

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

11 credited to funds available for the National Guard Dis12 tance Learning Project and be available to defray the costs 

13 associated with the use of equipment of the project under 

14 that subsection. Such funds shall be available for such 

15 purposes without fiscal year limitation. 

16 SEC. 8053. None of the funds available to the De17 partment of Defense may be obligated to modify command 

18 and control relationships to give Fleet Forces Command 

19 operational and administrative control of United States 

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

21 the command and control relationships which existed on 

22 October 1, 2004, shall remain in force unless changes are 

23 specifically authorized in a subsequent Act: Provided fur24 ther, That this section does not apply to administrative 

25 control of Navy Air and Missile Defense Command. 
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1 (INCLUDING TRANSFER OF FUNDS)

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

3 under the heading ‘‘Operation and Maintenance, Defense4 wide’’, $25,000,000 shall be for continued implementation 

5 and expansion of the Sexual Assault Special Victims’ 

6 Counsel Program: Provided, That the funds are made 

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

8 Department of the Navy, and the Department of the Air 

9 Force: Provided further, That funds transferred shall be 

10 merged with and available for the same purposes and for 

11 the same time period as the appropriations to which the 

12 funds are transferred: Provided further, That this transfer 

13 authority is in addition to any other transfer authority 

14 provided in this Act. 

15 SEC. 8055. None of the funds appropriated in title 

16 IV of this Act may be used to procure end-items for deliv17 ery to military forces for operational training, operational 

18 use or inventory requirements: Provided, That this restric19 tion does not apply to end-items used in development, 

20 prototyping, and test activities preceding and leading to 

21 acceptance for operational use: Provided further, That this 

22 restriction does not apply to programs funded within the 

23 National Intelligence Program: Provided further, That the 

24 Secretary of Defense may waive this restriction on a case25 by-case basis by certifying in writing to the Committees 
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1 on Appropriations of the House of Representatives and the 

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

3 so. 

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

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

6 each limitation on the procurement of defense items from 

7 foreign sources provided in law if the Secretary determines 

8 that the application of the limitation with respect to that 

9 country would invalidate cooperative programs entered 

10 into between the Department of Defense and the foreign 

11 country, or would invalidate reciprocal trade agreements 

12 for the procurement of defense items entered into under 

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

14 country does not discriminate against the same or similar 

15 defense items produced in the United States for that coun16 try. 

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

18 (1) contracts and subcontracts entered into on 

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

20 (2) options for the procurement of items that 

21 are exercised after such date under contracts that 

22 are entered into before such date if the option prices 

23 are adjusted for any reason other than the applica24 tion of a waiver granted under subsection (a). 
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1 (c) Subsection (a) does not apply to a limitation re2 garding construction of public vessels, ball and roller bear3 ings, food, and clothing or textile materials as defined by 

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

5 Schedule and products classified under headings 4010, 

6 4202, 4203, 6401 through 6406, 6505, 7019, 7218 

7 through 7229, 7304.41 through 7304.49, 7306.40, 7502 

8 through 7508, 8105, 8108, 8109, 8211, 8215, and 9404. 

9 SEC. 8057. Notwithstanding any other provision of 

10 law, none of the funds appropriated or otherwise made 

11 available by this or any other Act may be used to consoli12 date or relocate any element of a United States Air Force 

13 Rapid Engineer Deployable Heavy Operational Repair 

14 Squadron Engineer (RED HORSE) outside of the United 

15 States until the Secretary of the Air Force— 

16 (1) completes an analysis and comparison of 

17 the cost and infrastructure investment required to 

18 consolidate or relocate a RED HORSE squadron 

19 outside of the United States versus within the 

20 United States; 

21 (2) provides to the congressional defense com22 mittees a report detailing the findings of the cost 

23 analysis; and 

24 (3) certifies in writing to the congressional de25 fense committees that the preferred site for the con-
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1 solidation or relocation yields the greatest savings 

2 for the Air Force: 

3 Provided, That the term ‘‘United States’’ in this section 

4 does not include any territory or possession of the United 

5 States. 

6 SEC. 8058. None of the funds appropriated or other7 wise made available by this or other Department of De8 fense Appropriations Acts may be obligated or expended 

9 for the purpose of performing repairs or maintenance to 

10 military family housing units of the Department of De11 fense, including areas in such military family housing 

12 units that may be used for the purpose of conducting offi13 cial Department of Defense business. 

14 SEC. 8059. Notwithstanding any other provision of 

15 law, funds appropriated in this Act under the heading 

16 ‘‘Research, Development, Test and Evaluation, Defense17 Wide’’ for any new start advanced concept technology 

18 demonstration project or joint capability demonstration 

19 project may only be obligated 45 days after a report, in20 cluding a description of the project, the planned acquisi21 tion and transition strategy and its estimated annual and 

22 total cost, has been provided in writing to the congres23 sional defense committees: Provided, That the Secretary 

24 of Defense may waive this restriction on a case-by-case 
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1 basis by certifying to the congressional defense committees 

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

3 SEC. 8060. The Secretary of Defense shall continue 

4 to provide a classified quarterly report to the House and 

5 Senate Appropriations Committees, Subcommittees on 

6 Defense on certain matters as directed in the classified 

7 annex accompanying this Act. 

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

9 10, United States Code, a Reserve who is a member of 

10 the National Guard serving on full-time National Guard 

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

12 may perform duties in support of the ground-based ele13 ments of the National Ballistic Missile Defense System. 

14 SEC. 8062. None of the funds provided in this Act 

15 may be used to transfer to any nongovernmental entity 

16 ammunition held by the Department of Defense that has 

17 a center-fire cartridge and a United States military no18 menclature designation of ‘‘armor penetrator’’, ‘‘armor 

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

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

21 entity performing demilitarization services for the Depart22 ment of Defense under a contract that requires the entity 

23 to demonstrate to the satisfaction of the Department of 

24 Defense that armor piercing projectiles are either: (1) ren25 dered incapable of reuse by the demilitarization process; 
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1 or (2) used to manufacture ammunition pursuant to a con2 tract with the Department of Defense or the manufacture 

3 of ammunition for export pursuant to a License for Per4 manent Export of Unclassified Military Articles issued by 

5 the Department of State. 

6 SEC. 8063. Notwithstanding any other provision of 

7 law, the Chief of the National Guard Bureau, or his des8 ignee, may waive payment of all or part of the consider9 ation that otherwise would be required under section 2667 

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

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

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

13 United States Code, or any other youth, social, or fra14 ternal nonprofit organization as may be approved by the 

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

16 a case-by-case basis. 

17 SEC. 8064. None of the funds appropriated by this 

18 Act shall be used for the support of any nonappropriated 

19 funds activity of the Department of Defense that procures 

20 malt beverages and wine with nonappropriated funds for 

21 resale (including such alcoholic beverages sold by the 

22 drink) on a military installation located in the United 

23 States unless such malt beverages and wine are procured 

24 within that State, or in the case of the District of Colum25 bia, within the District of Columbia, in which the military 
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1 installation is located: Provided, That, in a case in which 

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

3 purchases may be made in any State in which the installa4 tion is located: Provided further, That such local procure5 ment requirements for malt beverages and wine shall 

6 apply to all alcoholic beverages only for military installa7 tions in States which are not contiguous with another 

8 State: Provided further, That alcoholic beverages other 

9 than wine and malt beverages, in contiguous States and 

10 the District of Columbia shall be procured from the most 

11 competitive source, price and other factors considered. 

12 (INCLUDING TRANSFER OF FUNDS)

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

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

15 $76,611,750 shall remain available until expended: Pro16 vided, That, notwithstanding any other provision of law, 

17 the Secretary of Defense is authorized to transfer such 

18 funds to other activities of the Federal Government: Pro19 vided further, That the Secretary of Defense is authorized 

20 to enter into and carry out contracts for the acquisition 

21 of real property, construction, personal services, and oper22 ations related to projects carrying out the purposes of this 

23 section: Provided further, That contracts entered into 

24 under the authority of this section may provide for such 

25 indemnification as the Secretary determines to be nec-
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1 essary: Provided further, That projects authorized by this 

2 section shall comply with applicable Federal, State, and 

3 local law to the maximum extent consistent with the na4 tional security, as determined by the Secretary of Defense. 

5 SEC. 8066. (a) None of the funds appropriated in this 

6 or any other Act may be used to take any action to mod7 ify— 

8 (1) the appropriations account structure for the 

9 National Intelligence Program budget, including 

10 through the creation of a new appropriation or new 

11 appropriation account; 

12 (2) how the National Intelligence Program 

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

14 R–1, and O–1 documents supporting the Depart15 ment of Defense budget request; 

16 (3) the process by which the National Intel17 ligence Program appropriations are apportioned to 

18 the executing agencies; or 

19 (4) the process by which the National Intel20 ligence Program appropriations are allotted, obli21 gated and disbursed. 

22 (b) Nothing in section (a) shall be construed to pro23 hibit the merger of programs or changes to the National 

24 Intelligence Program budget at or below the Expenditure 
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1 Center level, provided such change is otherwise in accord2 ance with paragraphs (a)(1)–(3). 

3 (c) The Director of National Intelligence and the Sec4 retary of Defense may jointly, only for the purposes of 

5 achieving auditable financial statements and improving 

6 fiscal reporting, study and develop detailed proposals for 

7 alternative financial management processes. Such study 

8 shall include a comprehensive counterintelligence risk as9 sessment to ensure that none of the alternative processes 

10 will adversely affect counterintelligence. 

11 (d) Upon development of the detailed proposals de12 fined under subsection (c), the Director of National Intel13 ligence and the Secretary of Defense shall— 

14 (1) provide the proposed alternatives to all af15 fected agencies; 

16 (2) receive certification from all affected agen17 cies attesting that the proposed alternatives will help 

18 achieve auditability, improve fiscal reporting, and 

19 will not adversely affect counterintelligence; and 

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

21 necessary certifications under paragraph (2), present 

22 the proposed alternatives and certifications to the 

23 congressional defense and intelligence committees. 

24 SEC. 8067. Of the amount appropriated by title VI 

25 under the heading ‘‘DEFENSE HEALTH PROGRAM’’, 
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1 $10,000,000 shall be available for peer-reviewed medical 

2 research on amyotrophic lateral sclerosis (ALS). 

3 (INCLUDING TRANSFER OF FUNDS)

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

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

6 ‘‘Research, Development, Test and Evaluation, Defense7 Wide’’, $473,995,000 shall be for the Israeli Cooperative 

8 Programs: Provided, That of this amount, $41,400,000 

9 shall be for the Secretary of Defense to provide to the Gov10 ernment of Israel for the procurement of the Iron Dome 

11 defense system to counter short-range rocket threats, sub12 ject to the U.S.-Israel Iron Dome Procurement Agree13 ment, as amended; $286,526,000 shall be for the Short 

14 Range Ballistic Missile Defense (SRBMD) program, in15 cluding cruise missile defense research and development 

16 under the SRBMD program, of which $150,000,000 shall 

17 be for production activities of SRBMD missiles in the 

18 United States and in Israel to meet Israel’s defense re19 quirements consistent with each nation’s laws, regulations, 

20 and procedures, of which not more than $90,000,000, sub21 ject to previously established transfer procedures, may be 

22 obligated or expended until establishment of a U.S.-Israeli 

23 production agreement for SRBMD; $89,550,000 shall be 

24 for an upper-tier component to the Israeli Missile Defense 

25 Architecture, of which not more than $15,000,000, subject 
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1 to previously established transfer procedures, may be obli2 gated or expended until establishment of a U.S.-Israeli 

3 production agreement; and $56,519,000 shall be for the 

4 Arrow System Improvement Program including develop5 ment of a long range, ground and airborne, detection 

6 suite: Provided further, That funds made available under 

7 this provision for production of missiles and missile com8 ponents may be transferred to appropriations available for 

9 the procurement of weapons and equipment, to be merged 

10 with and to be available for the same time period and the 

11 same purposes as the appropriation to which transferred: 

12 Provided further, That the transfer authority provided 

13 under this provision is in addition to any other transfer 

14 authority contained in this Act. 

15 (INCLUDING TRANSFER OF FUNDS)

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

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

18 $389,305,000 shall be available until September 30, 2016, 

19 to fund prior year shipbuilding cost increases: Provided, 

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

21 Navy shall transfer funds to the following appropriations 

22 in the amounts specified: Provided further, That the 

23 amounts transferred shall be merged with and be available 

24 for the same purposes as the appropriations to which 

25 transferred to: 
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1 (1) Under the heading ‘‘Shipbuilding and Con2 version, Navy’’, 2008/2016: Carrier Replacement 

3 Program $123,760,000; 

4 (2) Under the heading ‘‘Shipbuilding and Con5 version, Navy’’, 2009/2016: LPD–17 Amphibious 

6 Transport Dock Program $22,860,000; 

7 (3) Under the heading ‘‘Shipbuilding and Con8 version, Navy’’, 2012/2016: CVN Refueling Over9 hauls Program $20,029,000; 

10 (4) Under the heading ‘‘Shipbuilding and Con11 version, Navy’’, 2012/2016: DDG–51 Destroyer 

12 $75,014,000; 

13 (5) Under the heading ‘‘Shipbuilding and Con14 version, Navy’’, 2012/2016: Littoral Combat Ship 

15 $82,674,000; 

16 (6) Under the heading ‘‘Shipbuilding and Con17 version, Navy’’, 2012/2016: LPD–17 Amphibious 

18 Transport Dock Program $38,733,000; 

19 (7) Under the heading ‘‘Shipbuilding and Con20 version, Navy’’, 2012/2016: Joint High Speed Vessel 

21 $22,597,000; and 

22 (8) Under the heading ‘‘Shipbuilding and Con23 version, Navy’’, 2013/2016: Joint High Speed Vessel 

24 $3,638,000. 
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1 SEC. 8070. Funds appropriated by this Act, or made 

2 available by the transfer of funds in this Act, for intel3 ligence activities are deemed to be specifically authorized 

4 by the Congress for purposes of section 504 of the Na5 tional Security Act of 1947 (50 U.S.C. 3094) during fiscal 

6 year 2016 until the enactment of the Intelligence Author7 ization Act for Fiscal Year 2016. 

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

9 shall be available for obligation or expenditure through a 

10 reprogramming of funds that creates or initiates a new 

11 program, project, or activity unless such program, project, 

12 or activity must be undertaken immediately in the interest 

13 of national security and only after written prior notifica14 tion to the congressional defense committees. 

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

16 year 2017 submitted to the Congress pursuant to section 

17 1105 of title 31, United States Code, shall include sepa18 rate budget justification documents for costs of United 

19 States Armed Forces’ participation in contingency oper20 ations for the Military Personnel accounts, the Operation 

21 and Maintenance accounts, the Procurement accounts, 

22 and the Research, Development, Test and Evaluation ac23 counts: Provided, That these documents shall include a de24 scription of the funding requested for each contingency op25 eration, for each military service, to include all Active and 
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1 Reserve components, and for each appropriations account: 

2 Provided further, That these documents shall include esti3 mated costs for each element of expense or object class, 

4 a reconciliation of increases and decreases for each contin5 gency operation, and programmatic data including, but 

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

7 component, and estimates of the major weapons systems 

8 deployed in support of each contingency: Provided further, 

9 That these documents shall include budget exhibits OP– 

10 5 and OP–32 (as defined in the Department of Defense 

11 Financial Management Regulation) for all contingency op12 erations for the budget year and the two preceding fiscal 

13 years. 

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

15 used for research, development, test, evaluation, procure16 ment or deployment of nuclear armed interceptors of a 

17 missile defense system. 

18 SEC. 8074. Notwithstanding any other provision of 

19 this Act, to reflect savings due to favorable foreign ex20 change rates, the total amount appropriated in this Act 

21 is hereby reduced by $1,201,800,000. 

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

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

24 the operation of the 53rd Weather Reconnaissance Squad25 ron of the Air Force Reserve, if such action would reduce 
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1 the WC–130 Weather Reconnaissance mission below the 

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

3 shall allow the 53rd Weather Reconnaissance Squadron to 

4 perform other missions in support of national defense re5 quirements during the non-hurricane season. 

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

7 shall be available for integration of foreign intelligence in8 formation unless the information has been lawfully col9 lected and processed during the conduct of authorized for10 eign intelligence activities: Provided, That information 

11 pertaining to United States persons shall only be handled 

12 in accordance with protections provided in the Fourth 

13 Amendment of the United States Constitution as imple14 mented through Executive Order No. 12333. 

15 (INCLUDING TRANSFER OF FUNDS)

16 SEC. 8077. The Secretary of Defense may transfer 

17 funds from any available Department of the Navy appro18 priation to any available Navy ship construction appro19 priation for the purpose of liquidating necessary changes 

20 resulting from inflation, market fluctuations, or rate ad21 justments for any ship construction program appropriated 

22 in law: Provided, That the Secretary may transfer not to 

23 exceed $50,000,000 under the authority provided by this 

24 section: Provided further, That the Secretary may not 

25 transfer any funds until 30 days after the proposed trans-
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1 fer has been reported to the Committees on Appropria2 tions of the House of Representatives and the Senate, un3 less a response from the Committees is received sooner: 

4 Provided further, That any funds transferred pursuant to 

5 this section shall retain the same period of availability as 

6 when originally appropriated: Provided further, That the 

7 transfer authority provided by this section is in addition 

8 to any other transfer authority contained elsewhere in this 

9 Act. 

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

11 this Act may be used to transfer research and develop12 ment, acquisition, or other program authority relating to 

13 current tactical unmanned aerial vehicles (TUAVs) from 

14 the Army. 

15 (b) The Army shall retain responsibility for and oper16 ational control of the MQ–1C Gray Eagle Unmanned Aer17 ial Vehicle (UAV) in order to support the Secretary of De18 fense in matters relating to the employment of unmanned 

19 aerial vehicles. 

20 SEC. 8079. Up to $15,000,000 of the funds appro21 priated under the heading ‘‘Operation and Maintenance, 

22 Navy’’ may be made available for the Asia Pacific Re23 gional Initiative Program for the purpose of enabling the 

24 Pacific Command to execute Theater Security Cooperation 

25 activities such as humanitarian assistance, and payment 
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1 of incremental and personnel costs of training and exer2 cising with foreign security forces: Provided, That funds 

3 made available for this purpose may be used, notwith4 standing any other funding authorities for humanitarian 

5 assistance, security assistance or combined exercise ex6 penses: Provided further, That funds may not be obligated 

7 to provide assistance to any foreign country that is other8 wise prohibited from receiving such type of assistance 

9 under any other provision of law. 

10 SEC. 8080. None of the funds appropriated by this 

11 Act for programs of the Office of the Director of National 

12 Intelligence shall remain available for obligation beyond 

13 the current fiscal year, except for funds appropriated for 

14 research and technology, which shall remain available until 

15 September 30, 2017. 

16 SEC. 8081. For purposes of section 1553(b) of title 

17 31, United States Code, any subdivision of appropriations 

18 made in this Act under the heading ‘‘Shipbuilding and 

19 Conversion, Navy’’ shall be considered to be for the same 

20 purpose as any subdivision under the heading ‘‘Ship21 building and Conversion, Navy’’ appropriations in any 

22 prior fiscal year, and the 1 percent limitation shall apply 

23 to the total amount of the appropriation. 

24 SEC. 8082. (a) Not later than 60 days after the date 

25 of enactment of this Act, the Director of National Intel-
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1 ligence shall submit a report to the congressional intel2 ligence committees to establish the baseline for application 

3 of reprogramming and transfer authorities for fiscal year 

4 2016: Provided, That the report shall include— 

5 (1) a table for each appropriation with a sepa6 rate column to display the President’s budget re7 quest, adjustments made by Congress, adjustments 

8 due to enacted rescissions, if appropriate, and the 

9 fiscal year enacted level; 

10 (2) a delineation in the table for each appro11 priation by Expenditure Center and project; and 

12 (3) an identification of items of special congres13 sional interest. 

14 (b) None of the funds provided for the National Intel15 ligence Program in this Act shall be available for re16 programming or transfer until the report identified in sub17 section (a) is submitted to the congressional intelligence 

18 committees, unless the Director of National Intelligence 

19 certifies in writing to the congressional intelligence com20 mittees that such reprogramming or transfer is necessary 

21 as an emergency requirement. 

22 SEC. 8083. None of the funds made available by this 

23 Act may be used to retire, divest, realign or transfer RQ– 

24 4B Global Hawk aircraft, or to disestablish or convert 

25 units associated with such aircraft. 
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1 SEC. 8084. During the current fiscal year and here2 after, none of the funds made available by this Act for 

3 excess defense articles, assistance under title 10, U.S.C. 

4 2282, or peacekeeping operations for the countries des5 ignated annually in the Department of State’s Trafficking 

6 in Persons Report to be in violation of the standards of 

7 the Child Soldiers Prevention Act of 2008 may be used 

8 to support any military training or operation that includes 

9 child soldiers, as defined by the Child Soldiers Prevention 

10 Act of 2008 (Public Law 110–457; 22 U.S.C. 2370c–1), 

11 unless such assistance is otherwise permitted under sec12 tion 404 of the Child Soldiers Prevention Act of 2008. 

13 (INCLUDING TRANSFER OF FUNDS)

14 SEC. 8085. Of the funds appropriated in the Intel15 ligence Community Management Account for the Program 

16 Manager for the Information Sharing Environment, 

17 $20,000,000 is available for transfer by the Director of 

18 National Intelligence to other departments and agencies 

19 for purposes of Government-wide information sharing ac20 tivities: Provided, That funds transferred under this provi21 sion are to be merged with and available for the same pur22 poses and time period as the appropriation to which trans23 ferred: Provided further, That the Office of Management 

24 and Budget must approve any transfers made under this 

25 provision. 
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1 SEC. 8086. (a) None of the funds provided for the 

2 National Intelligence Program in this or any prior appro3 priations Act shall be available for obligation or expendi4 ture through a reprogramming or transfer of funds in ac5 cordance with section 102A(d) of the National Security 

6 Act of 1947 (50 U.S.C. 3024(d)) that— 

7 (1) creates a new start effort; 

8 (2) terminates a program with appropriated 

9 funding of $10,000,000 or more; 

10 (3) transfers funding into or out of the Na11 tional Intelligence Program; or 

12 (4) transfers funding between appropriations, 

13 unless the congressional intelligence committees are noti14 fied 30 days in advance of such reprogramming of funds; 

15 this notification period may be reduced for urgent national 

16 security requirements. 

17 (b) None of the funds provided for the National Intel18 ligence Program in this or any prior appropriations Act 

19 shall be available for obligation or expenditure through a 

20 reprogramming or transfer of funds in accordance with 

21 section 102A(d) or the National Security Act of 1947 (50 

22 U.S.C. 3024(d)) that results in a cumulative increase or 

23 decrease of the levels specified in the classified annex ac24 companying the Act unless the congressional intelligence 

25 committees are notified 30 days in advance of such re-
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1 programming of funds; this notification period may be re2 duced for urgent national security requirements. 

3 SEC. 8087. The Director of National Intelligence 

4 shall submit to Congress each year, at or about the time 

5 that the President’s budget is submitted to Congress that 

6 year under section 1105(a) of title 31, United States 

7 Code, a future-years intelligence program (including asso8 ciated annexes) reflecting the estimated expenditures and 

9 proposed appropriations included in that budget. Any such 

10 future-years intelligence program shall cover the fiscal 

11 year with respect to which the budget is submitted and 

12 at least the four succeeding fiscal years. 

13 SEC. 8088. For the purposes of this Act, the term 

14 ‘‘congressional intelligence committees’’ means the Perma15 nent Select Committee on Intelligence of the House of 

16 Representatives, the Select Committee on Intelligence of 

17 the Senate, the Subcommittee on Defense of the Com18 mittee on Appropriations of the House of Representatives, 

19 and the Subcommittee on Defense of the Committee on 

20 Appropriations of the Senate. 

21 SEC. 8089. The Department of Defense shall con22 tinue to report incremental contingency operations costs 

23 for Operation Inherent Resolve, Operation Freedom’s Sen24 tinel, and any named successor operations, on a monthly 

25 basis and any other operation designated and identified 
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1 by the Secretary of Defense for the purposes of section 

2 127a of title 10, United States Code, on a semi-annual 

3 basis in the Cost of War Execution Report as prescribed 

4 in the Department of Defense Financial Management 

5 Regulation Department of Defense Instruction 7000.14, 

6 Volume 12, Chapter 23 ‘‘Contingency Operations’’, Annex 

7 1, dated September 2005. 

8 (INCLUDING TRANSFER OF FUNDS)

9 SEC. 8090. During the current fiscal year, not to ex10 ceed $11,000,000 from each of the appropriations made 

11 in title II of this Act for ‘‘Operation and Maintenance, 

12 Army’’, ‘‘Operation and Maintenance, Navy’’, and ‘‘Oper13 ation and Maintenance, Air Force’’ may be transferred by 

14 the military department concerned to its central fund es15 tablished for Fisher Houses and Suites pursuant to sec16 tion 2493(d) of title 10, United States Code. 

17 (INCLUDING TRANSFER OF FUNDS)

18 SEC. 8091. Funds appropriated by this Act for oper19 ation and maintenance may be available for the purpose 

20 of making remittances and transfer to the Defense Acqui21 sition Workforce Development Fund in accordance with 

22 section 1705 of title 10, United States Code. 

23 SEC. 8092. (a) Any agency receiving funds made 

24 available in this Act, shall, subject to subsections (b) and 

25 (c), post on the public Web site of that agency any report 
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1 required to be submitted by the Congress in this or any 

2 other Act, upon the determination by the head of the agen3 cy that it shall serve the national interest. 

4 (b) Subsection (a) shall not apply to a report if— 

5 (1) the public posting of the report com6 promises national security; or 

7 (2) the report contains proprietary information. 

8 (c) The head of the agency posting such report shall 

9 do so only after such report has been made available to 

10 the requesting Committee or Committees of Congress for 

11 no less than 45 days. 

12 SEC. 8093. (a) None of the funds appropriated or 

13 otherwise made available by this Act may be expended for 

14 any Federal contract for an amount in excess of 

15 $1,000,000, unless the contractor agrees not to— 

16 (1) enter into any agreement with any of its 

17 employees or independent contractors that requires, 

18 as a condition of employment, that the employee or 

19 independent contractor agree to resolve through ar20 bitration any claim under title VII of the Civil 

21 Rights Act of 1964 or any tort related to or arising 

22 out of sexual assault or harassment, including as23 sault and battery, intentional infliction of emotional 

24 distress, false imprisonment, or negligent hiring, su25 pervision, or retention; or 
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1 (2) take any action to enforce any provision of 

2 an existing agreement with an employee or inde3 pendent contractor that mandates that the employee 

4 or independent contractor resolve through arbitra5 tion any claim under title VII of the Civil Rights Act 

6 of 1964 or any tort related to or arising out of sex7 ual assault or harassment, including assault and 

8 battery, intentional infliction of emotional distress, 

9 false imprisonment, or negligent hiring, supervision, 

10 or retention. 

11 (b) None of the funds appropriated or otherwise 

12 made available by this Act may be expended for any Fed13 eral contract unless the contractor certifies that it requires 

14 each covered subcontractor to agree not to enter into, and 

15 not to take any action to enforce any provision of, any 

16 agreement as described in paragraphs (1) and (2) of sub17 section (a), with respect to any employee or independent 

18 contractor performing work related to such subcontract. 

19 For purposes of this subsection, a ‘‘covered subcon20 tractor’’ is an entity that has a subcontract in excess of 

21 $1,000,000 on a contract subject to subsection (a). 

22 (c) The prohibitions in this section do not apply with 

23 respect to a contractor’s or subcontractor’s agreements 

24 with employees or independent contractors that may not 

25 be enforced in a court of the United States. 
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1 (d) The Secretary of Defense may waive the applica2 tion of subsection (a) or (b) to a particular contractor or 

3 subcontractor for the purposes of a particular contract or 

4 subcontract if the Secretary or the Deputy Secretary per5 sonally determines that the waiver is necessary to avoid 

6 harm to national security interests of the United States, 

7 and that the term of the contract or subcontract is not 

8 longer than necessary to avoid such harm. The determina9 tion shall set forth with specificity the grounds for the 

10 waiver and for the contract or subcontract term selected, 

11 and shall state any alternatives considered in lieu of a 

12 waiver and the reasons each such alternative would not 

13 avoid harm to national security interests of the United 

14 States. The Secretary of Defense shall transmit to Con15 gress, and simultaneously make public, any determination 

16 under this subsection not less than 15 business days be17 fore the contract or subcontract addressed in the deter18 mination may be awarded. 

19 (INCLUDING TRANSFER OF FUNDS)

20 SEC. 8094. From within the funds appropriated for 

21 operation and maintenance for the Defense Health Pro22 gram in this Act, up to $121,000,000, shall be available 

23 for transfer to the Joint Department of Defense-Depart24 ment of Veterans Affairs Medical Facility Demonstration 

25 Fund in accordance with the provisions of section 1704 
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1 of the National Defense Authorization Act for Fiscal Year 

2 2010, Public Law 111–84: Provided, That, for purposes 

3 of section 1704(b), the facility operations funded are oper4 ations of the integrated Captain James A. Lovell Federal 

5 Health Care Center, consisting of the North Chicago Vet6 erans Affairs Medical Center, the Navy Ambulatory Care 

7 Center, and supporting facilities designated as a combined 

8 Federal medical facility as described by section 706 of 

9 Public Law 110–417: Provided further, That additional 

10 funds may be transferred from funds appropriated for op11 eration and maintenance for the Defense Health Program 

12 to the Joint Department of Defense-Department of Vet13 erans Affairs Medical Facility Demonstration Fund upon 

14 written notification by the Secretary of Defense to the 

15 Committees on Appropriations of the House of Represent16 atives and the Senate. 

17 SEC. 8095. None of the funds made available by this 

18 Act may be used by the Secretary of Defense to take bene19 ficial occupancy of more than 2,500 parking spaces (other 

20 than handicap-reserved spaces) to be provided by the 

21 BRAC 133 project: Provided, That this limitation may be 

22 waived in part if: (1) the Secretary of Defense certifies 

23 to Congress that levels of service at existing intersections 

24 in the vicinity of the project have not experienced failing 

25 levels of service as defined by the Transportation Research 
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1 Board Highway Capacity Manual over a consecutive 90- 

2 day period; (2) the Department of Defense and the Vir3 ginia Department of Transportation agree on the number 

4 of additional parking spaces that may be made available 

5 to employees of the facility subject to continued 90-day 

6 traffic monitoring; and (3) the Secretary of Defense noti7 fies the congressional defense committees in writing at 

8 least 14 days prior to exercising this waiver of the number 

9 of additional parking spaces to be made available. 

10 SEC. 8096. Appropriations available to the Depart11 ment of Defense may be used for the purchase of heavy 

12 and light armored vehicles for the physical security of per13 sonnel or for force protection purposes up to a limit of 

14 $400,000 per vehicle, notwithstanding price or other limi15 tations applicable to the purchase of passenger carrying 

16 vehicles. 

17 SEC. 8097. None of the funds appropriated or other18 wise made available by this Act or any other Act may be 

19 used by the Department of Defense or a component there20 of in contravention of section 1246(c)(2) of the National 

21 Defense Authorization Act for Fiscal Year 2014 (Public 

22 Law 113–66; 127 Stat. 923), as extended by section 1649 

23 of S. 1376, 114th Congress, as reported to the Senate. 

24 SEC. 8098. The Secretary of Defense shall report 

25 quarterly the numbers of civilian personnel end strength 
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1 by appropriation account for each and every appropriation 

2 account used to finance Federal civilian personnel salaries 

3 to the congressional defense committees within 15 days 

4 after the end of each fiscal quarter. 

5 (INCLUDING TRANSFER OF FUNDS)

6 SEC. 8099. Upon a determination by the Director of 

7 National Intelligence that such action is necessary and in 

8 the national interest, the Director may, with the approval 

9 of the Office of Management and Budget, transfer not to 

10 exceed $2,000,000,000 of the funds made available in this 

11 Act for the National Intelligence Program: Provided, That 

12 such authority to transfer may not be used unless for 

13 higher priority items, based on unforeseen intelligence re14 quirements, than those for which originally appropriated 

15 and in no case where the item for which funds are re16 quested has been denied by the Congress: Provided further, 

17 That a request for multiple reprogrammings of funds 

18 using authority provided in this section shall be made 

19 prior to June 30, 2016. 

20 SEC. 8100. None of the funds appropriated or other21 wise made available in this or any other Act may be used 

22 except in accordance with the National Defense Authoriza23 tion Act for Fiscal Year 2016, to transfer, release, or as24 sist in the transfer or release to or within the United 
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1 States, its territories, or possessions Khalid Sheikh Mo2 hammed 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 the United States Naval Station, Guanta ́namo 

7 Bay, 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 except in ac15 cordance with the National Defense Authorization Act for 

16 Fiscal Year 2016. 

17 (b) The prohibition in subsection (a) shall not apply 

18 to any modification of facilities at United States Naval 

19 Station, Guanta ́namo Bay, Cuba. 

20 (c) An individual described in this subsection is any 

21 individual who, as of June 24, 2009, is located at United 

22 States Naval Station, Guanta ́namo Bay, Cuba, and who— 

23 (1) is not a citizen of the United States or a 

24 member of the Armed Forces of the United States; 

25 and 
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1 (2) is— 

2 (A) in the custody or under the effective 

3 control of the Department of Defense; or 

4 (B) otherwise under detention at United 

5 States Naval Station, Guanta ́namo Bay, Cuba. 

6 SEC. 8102. None of the funds appropriated or other7 wise made available in this Act may be used to transfer 

8 any individual detained at United States Naval Station 

9 Guanta ́namo Bay, Cuba, to the custody or control of the 

10 individual’s country of origin, any other foreign country, 

11 or any other foreign entity except in accordance with the 

12 National Defense Authorization Act for Fiscal Year 2016. 

13 (INCLUDING TRANSFER OF FUNDS)

14 SEC. 8103. Of the amounts appropriated for ‘‘Oper15 ation and Maintenance, Navy’’, up to $1,000,000 shall be 

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

17 Public Service Development Trust Fund established under 

18 section 116 of the John C. Stennis Center for Public Serv19 ice Training and Development Act (2 U.S.C. 1105). 

20 SEC. 8104. None of the funds provided in this Act 

21 for the T–AO(X) program shall be used to award a new 

22 contract that provides for the acquisition of the following 

23 components unless those components are manufactured in 

24 the United States: Auxiliary equipment (including pumps) 

25 for shipboard services; propulsion equipment (including 
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1 engines, reduction gears, and propellers); shipboard 

2 cranes; and spreaders for shipboard cranes. 

3 SEC. 8105. (a) None of the funds appropriated or 

4 otherwise made available by this or any other Act may 

5 be used by the Secretary of Defense, or any other official 

6 or officer of the Department of Defense, to enter into a 

7 contract, memorandum of understanding, or cooperative 

8 agreement with, or make a grant to, or provide a loan 

9 or loan guarantee to Rosoboronexport or any subsidiary 

10 of Rosoboronexport. 

11 (b) The Secretary of Defense may waive the limita12 tion in subsection (a) if the Secretary, in consultation with 

13 the Secretary of State and the Director of National Intel14 ligence, determines that it is in the vital national security 

15 interest of the United States to do so, and certifies in writ16 ing to the congressional defense committees that, to the 

17 best of the Secretary’s knowledge: 

18 (1) Rosoboronexport has ceased the transfer of 

19 lethal military equipment to, and the maintenance of 

20 existing lethal military equipment for, the Govern21 ment of the Syrian Arab Republic; 

22 (2) The armed forces of the Russian Federation 

23 have withdrawn from Crimea, other than armed 

24 forces present on military bases subject to agree25 ments in force between the Government of the Rus-
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1 sian Federation and the Government of Ukraine; 

2 and 

3 (3) Agents of the Russian Federation have 

4 ceased taking active measures to destabilize the con5 trol of the Government of Ukraine over eastern 

6 Ukraine. 

7 (c) The Inspector General of the Department of De8 fense shall conduct a review of any action involving 

9 Rosoboronexport with respect to a waiver issued by the 

10 Secretary of Defense pursuant to subsection (b), and not 

11 later than 90 days after the date on which such a waiver 

12 is issued by the Secretary of Defense, the Inspector Gen13 eral shall submit to the congressional defense committees 

14 a report containing the results of the review conducted 

15 with respect to such waiver. 

16 SEC. 8106. None of the funds made available by this 

17 Act may be used to transfer more than 36 AH–64 Apache 

18 helicopter aircraft from the Army National Guard to the 

19 active Army until 60 days after the National Commission 

20 on the Future of the Army releases its recommendations: 

21 Provided, That this section shall continue in effect through 

22 the date of enactment of the National Defense Authoriza23 tion Act for Fiscal Year 2016. 

24 SEC. 8107. Notwithstanding any other provision of 

25 this Act, to reflect savings due to lower than anticipated 
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1 fuel prices, the total amount appropriated in this Act is 

2 hereby reduced by $827,000,000. 

3 SEC. 8108. (a) Of the funds appropriated in this Act 

4 for the Department of Defense, amounts may be made 

5 available, under such regulations as the Secretary may 

6 prescribe, to local military commanders appointed by the 

7 Secretary of Defense, or by an officer or employee des8 ignated by the Secretary, to provide at their discretion ex 

9 gratia payments in amounts consistent with subsection (d) 

10 of this section for damage, personal injury, or death that 

11 is incident to combat operations of the Armed Forces in 

12 a foreign country. 

13 (b) An ex gratia payment under this section may be 

14 provided only if— 

15 (1) the prospective foreign civilian recipient is 

16 determined by the local military commander to be 

17 friendly to the United States; 

18 (2) a claim for damages would not be compen19 sable under chapter 163 of title 10, United States 

20 Code (commonly known as the ‘‘Foreign Claims 

21 Act’’); and 

22 (3) the property damage, personal injury, or 

23 death was not caused by action by an enemy. 

24 (c) NATURE OF PAYMENTS.—Any payments provided 

25 under a program under subsection (a) shall not be consid-
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1 ered an admission or acknowledgment of any legal obliga2 tion to compensate for any damage, personal injury, or 

3 death. 

4 (d) AMOUNT OF PAYMENTS.—If the Secretary of De5 fense determines a program under subsection (a) to be ap6 propriate in a particular setting, the amounts of pay7 ments, if any, to be provided to civilians determined to 

8 have suffered harm incident to combat operations of the 

9 Armed Forces under the program should be determined 

10 pursuant to regulations prescribed by the Secretary and 

11 based on an assessment, which should include such factors 

12 as cultural appropriateness and prevailing economic condi13 tions. 

14 (e) LEGAL ADVICE.—Local military commanders 

15 shall receive legal advice before making ex gratia pay16 ments under this subsection. The legal advisor, under reg17 ulations of the Department of Defense, shall advise on 

18 whether an ex gratia payment is proper under this section 

19 and applicable Department of Defense regulations. 

20 (f) WRITTEN RECORD.—A written record of any ex 

21 gratia payment offered or denied shall be kept by the local 

22 commander and on a timely basis submitted to the appro23 priate office in the Department of Defense as determined 

24 by the Secretary of Defense. 
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1 (g) REPORT.—The Secretary of Defense shall report 

2 to the congressional defense committees on an annual 

3 basis the efficacy of the ex gratia payment program in4 cluding the number of types of cases considered, amounts 

5 offered, the response from ex gratia payment recipients, 

6 and any recommended modifications to the program. 

7 SEC. 8109. None of the funds available in this Act 

8 to the Department of Defense, other than appropriations 

9 made for necessary or routine refurbishments, upgrades 

10 or maintenance activities, shall be used to reduce or to 

11 prepare to reduce the number of deployed and non-de12 ployed strategic delivery vehicles and launchers below the 

13 levels set forth in the report submitted to Congress in ac14 cordance with section 1042 of the National Defense Au15 thorization Act for Fiscal Year 2012. 

16 SEC. 8110. Of the funds provided for ‘‘Research, De17 velopment, Test and Evaluation, Defense-Wide’’ in this 

18 Act, not less than $2,800,000 shall be used to support 

19 the Department’s activities related to the implementation 

20 of the Digital Accountability and Transparency Act 

21 (DATA Act; Public Law 113–101; 31 U.S.C. 6101 note) 

22 and to support the implementation of a uniform procure23 ment instrument identifier as described in 48 CFR sub24 part 4.16, to include changes in business processes, work25 force, or information technology. 
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1 SEC. 8111. None of the funds made available in this 

2 or any other Act may be used to pay the salary of any 

3 officer or employee of the Department of Defense who ap4 proves or implements the transfer of administrative re5 sponsibilities or budgetary resources of any program, 

6 project, or activity financed by this Act to the jurisdiction 

7 of another Federal agency not financed by this Act with8 out the express authorization of Congress: Provided, That 

9 this limitation shall not apply to transfers of funds ex10 pressly provided for in Defense Appropriations Acts, or 

11 provisions of Acts providing supplemental appropriations 

12 for the Department of Defense. 

13 SEC. 8112. It is the sense of the Senate that— 

14 (1) the Nation’s fiscal challenges are a top pri15 ority for Congress, and sequestration—non-strategic, 

16 across-the-board budget cuts—remains an unreason17 able and inadequate budgeting tool to address the 

18 Nation’s deficits and debt; 

19 (2) sequestration relief must be accomplished 

20 for fiscal years 2016 and 2017; 

21 (3) sequestration relief should include equal de22 fense and non-defense relief; and 

23 (4) sequestration relief should be offset through 

24 targeted changes in mandatory and discretionary 

25 categories and revenues. 
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1 TITLE IX 

2 OVERSEAS CONTINGENCY OPERATIONS 

3 MILITARY PERSONNEL 

4 MILITARY PERSONNEL, ARMY

5 For an additional amount for ‘‘Military Personnel, 

6 Army’’, $1,828,441,000: Provided, That such amount is 

7 designated by the Congress for Overseas Contingency Op8 erations/Global War on Terrorism pursuant to section 

9 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

10 Deficit Control Act of 1985. 

11 MILITARY PERSONNEL, NAVY

12 For an additional amount for ‘‘Military Personnel, 

13 Navy’’, $251,011,000: Provided, That such amount is des14 ignated by the Congress for Overseas Contingency Oper15 ations/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 MILITARY PERSONNEL, MARINE CORPS

19 For an additional amount for ‘‘Military Personnel, 

20 Marine Corps’’, $171,079,000: 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. 
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1 MILITARY PERSONNEL, AIR FORCE

2 For an additional amount for ‘‘Military Personnel, 

3 Air Force’’, $726,126,000: Provided, That such amount 

4 is designated by the Congress for Overseas Contingency 

5 Operations/Global War on Terrorism pursuant to section 

6 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

7 Deficit Control Act of 1985. 

8 RESERVE PERSONNEL, ARMY

9 For an additional amount for ‘‘Reserve Personnel, 

10 Army’’, $24,462,000: Provided, That such amount is des11 ignated by the Congress for Overseas Contingency Oper12 ations/Global War on Terrorism pursuant to section 

13 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

14 Deficit Control Act of 1985. 

15 RESERVE PERSONNEL, NAVY

16 For an additional amount for ‘‘Reserve Personnel, 

17 Navy’’, $12,693,000: 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, MARINE CORPS

23 For an additional amount for ‘‘Reserve Personnel, 

24 Marine Corps’’, $3,393,000: Provided, That such amount 

25 is designated by the Congress for Overseas Contingency 
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1 Operations/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, AIR FORCE

5 For an additional amount for ‘‘Reserve Personnel, 

6 Air Force’’, $18,710,000: Provided, That such amount is 

7 designated by the Congress for Overseas Contingency Op8 erations/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 NATIONAL GUARD PERSONNEL, ARMY

12 For an additional amount for ‘‘National Guard Per13 sonnel, Army’’, $166,015,000: Provided, That such 

14 amount is designated by the Congress for Overseas Con15 tingency Operations/Global War on Terrorism pursuant to 

16 section 251(b)(2)(A)(ii) of the Balanced Budget and 

17 Emergency Deficit Control Act of 1985. 

18 NATIONAL GUARD PERSONNEL, AIR FORCE

19 For an additional amount for ‘‘National Guard Per20 sonnel, Air Force’’, $2,828,000: 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. 
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1 OPERATION AND MAINTENANCE 

2 OPERATION AND MAINTENANCE, ARMY

3 For an additional amount for ‘‘Operation and Main4 tenance, Army’’, $18,930,336,000: Provided, That such 

5 amount is designated by the Congress for Overseas Con6 tingency Operations/Global War on Terrorism pursuant to 

7 section 251(b)(2)(A)(ii) of the Balanced Budget and 

8 Emergency Deficit Control Act of 1985. 

9 OPERATION AND MAINTENANCE, NAVY

10 For an additional amount for ‘‘Operation and Main11 tenance, Navy’’, $21,008,396,000: Provided, That such 

12 amount is designated by the Congress for Overseas Con13 tingency Operations/Global War on Terrorism pursuant to 

14 section 251(b)(2)(A)(ii) of the Balanced Budget and 

15 Emergency Deficit Control Act of 1985. 

16 OPERATION AND MAINTENANCE, MARINE CORPS

17 For an additional amount for ‘‘Operation and Main18 tenance, Marine Corps’’, $1,879,613,000: Provided, That 

19 such amount is designated by the Congress for Overseas 

20 Contingency Operations/Global War on Terrorism pursu21 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

22 and Emergency Deficit Control Act of 1985. 

23 OPERATION AND MAINTENANCE, AIR FORCE

24 For an additional amount for ‘‘Operation and Main25 tenance, Air Force’’, $21,161,888,000: Provided, That 
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1 such amount is designated by the Congress for Overseas 

2 Contingency Operations/Global War on Terrorism pursu3 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

4 and Emergency Deficit Control Act of 1985. 

5 OPERATION AND MAINTENANCE, DEFENSE-WIDE

6 For an additional amount for ‘‘Operation and Main7 tenance, Defense-Wide’’, $6,850,097,000: Provided, That 

8 of the funds provided under this heading, not to exceed 

9 $1,160,000,000, to remain available until September 30, 

10 2017, shall be for payments to reimburse key cooperating 

11 nations for logistical, military, and other support, includ12 ing access, provided to United States military and stability 

13 operations in Afghanistan and to counter the Islamic 

14 State of Iraq and the Levant: Provided further, That such 

15 reimbursement payments may be made in such amounts 

16 as the Secretary of Defense, with the concurrence of the 

17 Secretary of State, and in consultation with the Director 

18 of the Office of Management and Budget, may determine, 

19 based on documentation determined by the Secretary of 

20 Defense to adequately account for the support provided, 

21 and such determination is final and conclusive upon the 

22 accounting officers of the United States, and 15 days fol23 lowing notification to the appropriate congressional com24 mittees: Provided further, That these funds may be used 

25 for the purpose of providing specialized training and pro-
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1 curing supplies and specialized equipment and providing 

2 such supplies and loaning such equipment on a non-reim3 bursable basis to coalition forces supporting United States 

4 military and stability operations in Afghanistan and to 

5 counter the Islamic State of Iraq and the Levant, and 15 

6 days following notification to the appropriate congres7 sional committees: Provided further, That these funds may 

8 be used to support the Governments of Jordan and Leb9 anon, in such amounts as the Secretary of Defense may 

10 determine, to enhance the ability of the armed forces of 

11 Jordan to increase or sustain security along the borders 

12 with Syria and Iraq and the ability of the armed forces 

13 of Lebanon to increase or sustain security along the bor14 der with Syria, upon 15 days prior written notification to 

15 the congressional defense committees outlining the 

16 amounts intended to be provided and the nature of the 

17 expenses incurred: Provided further, That the Secretary of 

18 Defense shall provide quarterly reports to the congres19 sional defense committees on the use of funds provided 

20 in this paragraph: Provided further, That such amount is 

21 designated by the Congress for Overseas Contingency Op22 erations/Global War on Terrorism pursuant to section 

23 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

24 Deficit Control Act of 1985. 
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1 OPERATION AND MAINTENANCE, ARMY RESERVE

2 For an additional amount for ‘‘Operation and Main3 tenance, Army Reserve’’, $24,559,000: Provided, That 

4 such amount is designated by the Congress for Overseas 

5 Contingency Operations/Global War on Terrorism pursu6 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

7 and Emergency Deficit Control Act of 1985. 

8 OPERATION AND MAINTENANCE, NAVY RESERVE

9 For an additional amount for ‘‘Operation and Main10 tenance, Navy Reserve’’, $31,643,000: Provided, That 

11 such amount is designated by the Congress for Overseas 

12 Contingency Operations/Global War on Terrorism pursu13 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

14 and Emergency Deficit Control Act of 1985. 

15 OPERATION AND MAINTENANCE, MARINE CORPS

16 RESERVE

17 For an additional amount for ‘‘Operation and Main18 tenance, Marine Corps Reserve’’, $3,455,000: Provided, 

19 That such amount is designated by the Congress for Over20 seas Contingency Operations/Global War on Terrorism 

21 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

22 Budget and Emergency Deficit Control Act of 1985. 

23 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

24 For an additional amount for ‘‘Operation and Main25 tenance, Air Force Reserve’’, $58,106,000: Provided, That 
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1 such amount is designated by the Congress for Overseas 

2 Contingency Operations/Global War on Terrorism pursu3 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

4 and Emergency Deficit Control Act of 1985. 

5 OPERATION AND MAINTENANCE, ARMY NATIONAL

6 GUARD

7 For an additional amount for ‘‘Operation and Main8 tenance, Army National Guard’’, $60,845,000: Provided, 

9 That such amount is designated by the Congress for Over10 seas Contingency Operations/Global War on Terrorism 

11 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

12 Budget and Emergency Deficit Control Act of 1985. 

13 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

14 For an additional amount for ‘‘Operation and Main15 tenance, Air National Guard’’, $19,900,000: Provided, 

16 That such amount is designated by the Congress for Over17 seas Contingency Operations/Global War on Terrorism 

18 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

19 Budget and Emergency Deficit Control Act of 1985. 

20 AFGHANISTAN SECURITY FORCES FUND

21 For the ‘‘Afghanistan Security Forces Fund’’, 

22 $3,360,357,000, to remain available until September 30, 

23 2017: Provided, That such funds shall be available to the 

24 Secretary of Defense, notwithstanding any other provision 

25 of law, for the purpose of allowing the Commander, Com-
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1 bined Security Transition Command—Afghanistan, or the 

2 Secretary’s designee, to provide assistance, with the con3 currence of the Secretary of State, to the security forces 

4 of Afghanistan, including the provision of equipment, sup5 plies, services, training, facility and infrastructure repair, 

6 renovation, construction, and funding: Provided further, 

7 That the authority to provide assistance under this head8 ing is in addition to any other authority to provide assist9 ance to foreign nations: Provided further, That contribu10 tions of funds for the purposes provided herein from any 

11 person, foreign government, or international organization 

12 may be credited to this Fund, to remain available until 

13 expended, and used for such purposes: Provided further, 

14 That the Secretary of Defense shall notify the congres15 sional defense committees in writing upon the receipt and 

16 upon the obligation of any contribution, delineating the 

17 sources and amounts of the funds received and the specific 

18 use of such contributions: Provided further, That the Sec19 retary of Defense shall, not fewer than 15 days prior to 

20 obligating from this appropriation account, notify the con21 gressional defense committees in writing of the details of 

22 any such obligation: Provided further, That the Secretary 

23 of Defense shall notify the congressional defense commit24 tees of any proposed new projects or transfer of funds be25 tween budget sub-activity groups in excess of 
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1 $20,000,000: Provided further, That the United States 

2 may accept equipment procured using funds provided 

3 under this heading in this or prior Acts that was trans4 ferred to the security forces of Afghanistan and returned 

5 by such forces to the United States: Provided further, That 

6 equipment procured using funds provided under this head7 ing in this or prior Acts, and not yet transferred to the 

8 security forces of Afghanistan or transferred to the secu9 rity forces of Afghanistan and returned by such forces to 

10 the United States, may be treated as stocks of the Depart11 ment of Defense upon written notification to the congres12 sional defense committees: Provided further, That, of the 

13 funds provided under this heading, not less than 

14 $25,000,000 shall be for recruitment and retention of 

15 women in the Afghanistan National Security Forces: Pro16 vided further, That such amount is designated by the Con17 gress for Overseas Contingency Operations/Global War on 

18 Terrorism pursuant to section 251(b)(2)(A)(ii) of the Bal19 anced Budget and Emergency Deficit Control Act of 1985. 

20 IRAQ TRAIN AND EQUIP FUND

21 For the ‘‘Iraq Train and Equip Fund’’, 

22 $715,000,000, to remain available until September 30, 

23 2017: Provided, That such funds shall be available to the 

24 Secretary of Defense, in coordination with the Secretary 

25 of State, to provide assistance, including training, equip-
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1 ment, logistics support, supplies, services, stipends, infra2 structure repair, renovation, and sustainment, to military 

3 and other security forces of or associated with the Govern4 ment of Iraq, including Kurdish and tribal security forces 

5 or other local security forces, with a national security mis6 sion, to counter the Islamic State of Iraq and the Levant: 

7 Provided further, That the Secretary of Defense shall en8 sure that prior to providing assistance to elements of any 

9 forces such elements are appropriately vetted, including at 

10 a minimum, assessing such elements for associations with 

11 terrorist groups or groups associated with the Government 

12 of Iran; and receiving commitments from such elements 

13 to promote respect for human rights and the rule of law: 

14 Provided further, That the Secretary of Defense may ac15 cept and retain contributions, including assistance in-kind, 

16 from foreign governments, including the Government of 

17 Iraq, and other entities, to carry out assistance authorized 

18 under this heading: Provided further, That contributions 

19 of funds for the purposes provided herein from any foreign 

20 government or other entities, may be credited to this 

21 Fund, to remain available until expended, and used for 

22 such purposes: Provided further, That not more than 25 

23 percent of the funds appropriated under this heading may 

24 be obligated or expended until not fewer than 15 days 

25 after (1) the Secretary of Defense submits a report to the 
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1 appropriate congressional committees, describing the plan 

2 for the provision of such training and assistance and the 

3 forces designated to receive such assistance, and (2) the 

4 President submits a report to the appropriate congres5 sional committees on how assistance provided under this 

6 heading supports a larger regional strategy: Provided fur7 ther, That of the amount provided under this heading, not 

8 more than 60 percent may be obligated or expended until 

9 not fewer than 15 days after the date on which the Sec10 retary of Defense certifies to the appropriate congressional 

11 committees that an amount equal to not less than 40 per12 cent of the amount provided under this heading has been 

13 contributed by other countries and entities for the pur14 poses for which funds are provided under this heading, 

15 of which at least 50 percent shall have been contributed 

16 or provided by the Government of Iraq: Provided further, 

17 That the limitation in the preceding proviso shall not 

18 apply if the Secretary of Defense determines, in writing, 

19 that the national security objectives of the United States 

20 will be compromised by the application of the limitation 

21 to such assistance, and notifies the appropriate congres22 sional committees not less than 15 days in advance of the 

23 exemption taking effect, including a justification for the 

24 Secretary’s determination and a description of the assist25 ance to be exempted from the application of such limita-
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1 tion: Provided further, That the Secretary of Defense may 

2 waive a provision of law relating to the acquisition of items 

3 and support services or sections 40 and 40A of the Arms 

4 Export Control Act (22 U.S.C. 2780 and 2785) if the Sec5 retary determines such provisions of law would prohibit, 

6 restrict, delay or otherwise limit the provision of such as7 sistance and a notice of and justification for such waiver 

8 is submitted to the appropriate congressional committees: 

9 Provided further, That the term ‘‘appropriate congres10 sional committees’’ under this heading means the ‘‘con11 gressional defense committees’’, the Committees on Ap12 propriations and Foreign Relations of the Senate and the 

13 Committees on Appropriations and Foreign Affairs of the 

14 House of Representatives: Provided further, That amounts 

15 made available under this heading are designated by the 

16 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 SYRIA TRAIN AND EQUIP FUND 

21 For the ‘‘Syria Train and Equip Fund’’, 

22 $531,450,000, to remain available until September 30, 

23 2017: Provided, That such funds shall be available to the 

24 Secretary of Defense, in coordination with the Secretary 

25 of State, to provide assistance, including training, equip-
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1 ment, supplies, stipends, construction of training and as2 sociated facilities, and sustainment, to appropriately vet3 ted elements of the Syrian opposition and other appro4 priately vetted Syrian groups and individuals for the fol5 lowing purposes: defending the Syrian people from attacks 

6 by the Islamic State of Iraq and the Levant, and securing 

7 territory controlled by the Syrian opposition; protecting 

8 the United States, its friends and allies, and the Syrian 

9 people from the threats posed by terrorists in Syria; and 

10 promoting the conditions for a negotiated settlement to 

11 end the conflict in Syria: Provided further, That the term 

12 ‘‘appropriately vetted’’ shall be construed to mean, at a 

13 minimum, assessments of possible recipients for associa14 tions with terrorist groups or groups associated with the 

15 Governments of Iran or Syria; and for commitment to the 

16 rule of law and a peaceful and democratic Syria: Provided 

17 further, That the Secretary may accept and retain con18 tributions, including assistance in-kind, from foreign gov19 ernments and other entities to carry out activities author20 ized under this heading: Provided further, That contribu21 tions of funds for the purposes provided herein from any 

22 foreign government or other entity to carry out activities 

23 as authorized by this section shall be credited to this 

24 Fund, to remain available until expended, and used for 

25 such purposes: Provided further, That the Secretary of De-
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1 fense shall comply with the reporting requirements in sec2 tion 149(d) of the Continuing Appropriations Resolution, 

3 2015 (Public Law 113–164): Provided further, That the 

4 Secretary of Defense may waive a provision of law relating 

5 to the acquisition of items and support services or sections 

6 40 and 40A of the Arms Export Control Act (22 U.S.C. 

7 2780 and 2785) if the Secretary determines such provi8 sions of law would prohibit, restrict, delay or otherwise 

9 limit the provision of such assistance and a notice of and 

10 justification for such waiver is submitted to the appro11 priate congressional committees: Provided further, That 

12 the term ‘‘appropriate congressional committees’’ under 

13 this heading means the ‘‘congressional defense commit14 tees’’, the Committees on Appropriations and Foreign Re15 lations of the Senate and the Committees on Appropria16 tions and Foreign Affairs of the House of Representatives: 

17 Provided further, That the Secretary may provide assist18 ance to third countries for purposes of the provision of 

19 assistance authorized under this heading: Provided fur20 ther, That the Secretary of Defense shall notify the con21 gressional defense committees 15 days prior to the provi22 sion of such assistance: Provided further, 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 PROCUREMENT 

4 AIRCRAFT PROCUREMENT, ARMY

5 For an additional amount for ‘‘Aircraft Procurement, 

6 Army’’, $158,087,000, 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’’, $37,260,000, 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 OF WEAPONS AND TRACKED COMBAT

21 VEHICLES, ARMY

22 For an additional amount for ‘‘Procurement of Weap23 ons and Tracked Combat Vehicles, Army’’, $26,030,000, 

24 to remain available until September 30, 2018: Provided, 

25 That such amount is designated by the Congress for Over-
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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’’, $192,040,000, 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’’, $1,205,596,000, 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’’, $217,394,000, 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 
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1 the Balanced Budget and Emergency Deficit Control Act 

2 of 1985. 

3 WEAPONS PROCUREMENT, NAVY

4 For an additional amount for ‘‘Weapons Procure5 ment, Navy’’, $3,344,000, to remain available until Sep6 tember 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 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

12 CORPS

13 For an additional amount for ‘‘Procurement of Am14 munition, Navy and Marine Corps’’, $136,930,000, to re15 main available until September 30, 2018: Provided, That 

16 such amount is designated by the Congress for Overseas 

17 Contingency Operations/Global War on Terrorism pursu18 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

19 and Emergency Deficit Control Act of 1985. 

20 OTHER PROCUREMENT, NAVY

21 For an additional amount for ‘‘Other Procurement, 

22 Navy’’, $12,186,000, 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 
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1 the Balanced Budget and Emergency Deficit Control Act 

2 of 1985. 

3 PROCUREMENT, MARINE CORPS

4 For an additional amount for ‘‘Procurement, Marine 

5 Corps’’, $48,934,000, to remain available until September 

6 30, 2018: Provided, That such amount is designated by 

7 the Congress for Overseas Contingency Operations/Global 

8 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

9 the Balanced Budget and Emergency Deficit Control Act 

10 of 1985. 

11 AIRCRAFT PROCUREMENT, AIR FORCE

12 For an additional amount for ‘‘Aircraft Procurement, 

13 Air Force’’, $128,900,000, 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 MISSILE PROCUREMENT, AIR FORCE

20 For an additional amount for ‘‘Missile Procurement, 

21 Air Force’’, $289,142,000, 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 
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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’’, $228,874,000, 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’’, $3,829,964,000, 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’’, $173,918,000, 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 
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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 aircraft, missiles, tracked combat 

5 vehicles, ammunition, other weapons and other procure6 ment for the reserve components of the Armed Forces, 

7 $1,000,000,000, to remain available for obligation until 

8 September 30, 2018: Provided, That the Chiefs of Na9 tional Guard and Reserve components shall, not later than 

10 30 days after enactment of this Act, individually submit 

11 to the congressional defense committees the modernization 

12 priority assessment for their respective National Guard or 

13 Reserve component: Provided further, That such amount 

14 is designated by the Congress for Overseas Contingency 

15 Operations/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 RESEARCH, DEVELOPMENT, TEST AND 

19 EVALUATION 

20 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

21 ARMY

22 For an additional amount for ‘‘Research, Develop23 ment, Test and Evaluation, Army’’, $1,500,000, to remain 

24 available until September 30, 2017: Provided, That such 

25 amount is designated by the Congress for Overseas Con-
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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 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

5 NAVY

6 For an additional amount for ‘‘Research, Develop7 ment, Test and Evaluation, Navy’’, $35,747,000, to re8 main available until September 30, 2017: Provided, That 

9 such amount is designated by the Congress for Overseas 

10 Contingency Operations/Global War on Terrorism pursu11 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

12 and Emergency Deficit Control Act of 1985. 

13 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

14 AIR FORCE

15 For an additional amount for ‘‘Research, Develop16 ment, Test and Evaluation, Air Force’’, $17,100,000, to 

17 remain available until September 30, 2017: Provided, 

18 That such amount is designated by the Congress for Over19 seas Contingency Operations/Global War on Terrorism 

20 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

21 Budget and Emergency Deficit Control Act of 1985. 

22 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

23 DEFENSE-WIDE

24 For an additional amount for ‘‘Research, Develop25 ment, Test and Evaluation, Defense-Wide’’, 
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1 $137,087,000, to remain available until September 30, 

2 2017: Provided, That such amount is designated by the 

3 Congress for Overseas Contingency Operations/Global 

4 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

5 the Balanced Budget and Emergency Deficit Control Act 

6 of 1985. 

7 REVOLVING AND MANAGEMENT FUNDS 

8 DEFENSE WORKING CAPITAL FUNDS

9 For an additional amount for ‘‘Defense Working 

10 Capital Funds’’, $88,850,000: Provided, That such 

11 amount is designated by the Congress for Overseas Con12 tingency Operations/Global War on Terrorism pursuant to 

13 section 251(b)(2)(A)(ii) of the Balanced Budget and 

14 Emergency Deficit Control Act of 1985. 

15 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

16 DEFENSE HEALTH PROGRAM

17 For an additional amount for ‘‘Defense Health Pro18 gram’’, $272,704,000, which shall be for operation and 

19 maintenance: Provided, That such amount is designated 

20 by the Congress for Overseas Contingency Operations/ 

21 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 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

2 DEFENSE

3 For an additional amount for ‘‘Drug Interdiction and 

4 Counter-Drug Activities, Defense’’, $186,000,000: Pro5 vided, That such amount is designated by the Congress 

6 for Overseas Contingency Operations/Global War on Ter7 rorism pursuant to section 251(b)(2)(A)(ii) of the Bal8 anced Budget and Emergency Deficit Control Act of 1985. 

9 JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND

10 (INCLUDING TRANSFER OF FUNDS)

11 For the ‘‘Joint Improvised Explosive Device Defeat 

12 Fund’’, $290,000,000, to remain available until Sep13 tember 30, 2018: Provided, That such funds shall be avail14 able to the Secretary of Defense, notwithstanding any 

15 other provision of law, for the purpose of allowing the Di16 rector of the Joint Improvised Explosive Device Defeat 

17 Organization to investigate, develop and provide equip18 ment, supplies, services, training, facilities, personnel and 

19 funds to assist United States forces in the defeat of impro20 vised explosive devices: Provided further, That the Sec21 retary of Defense may transfer funds provided herein to 

22 appropriations for military personnel; operation and main23 tenance; procurement; research, development, test and 

24 evaluation; and defense working capital funds to accom25 plish the purpose provided herein: Provided further, That 
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1 this transfer authority is in addition to any other transfer 

2 authority available to the Department of Defense: Pro3 vided further, That the Secretary of Defense shall, not 

4 fewer than 15 days prior to making transfers from this 

5 appropriation, notify the congressional defense committees 

6 in writing of the details of any such transfer: Provided 

7 further, That such amount is designated by the Congress 

8 for Overseas Contingency Operations/Global War on Ter9 rorism pursuant to section 251(b)(2)(A)(ii) of the Bal10 anced Budget and Emergency Deficit Control Act of 1985. 

11 OFFICE OF THE INSPECTOR GENERAL

12 For an additional amount for the ‘‘Office of the In13 spector General’’, $10,262,000: Provided, That such 

14 amount is designated by the Congress for Overseas Con15 tingency Operations/Global War on Terrorism pursuant to 

16 section 251(b)(2)(A)(ii) of the Balanced Budget and 

17 Emergency Deficit Control Act of 1985. 

18 GENERAL PROVISIONS—THIS TITLE 

19 SEC. 9001. Each amount designated in this Act by 

20 the 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 shall be available (or rescinded, if applicable) only 

24 if the President subsequently so designates all such 

25 amounts and transmits such designations to the Congress. 
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1 SEC. 9002. Notwithstanding any other provision of 

2 law, funds made available in this title are in addition to 

3 amounts appropriated or otherwise made available for the 

4 Department of Defense for fiscal year 2016. 

5 (INCLUDING TRANSFER OF FUNDS)

6 SEC. 9003. Upon the determination of the Secretary 

7 of Defense that such action is necessary in the national 

8 interest, the Secretary may, with the approval of the Of9 fice of Management and Budget, transfer up to 

10 $3,500,000,000 between the appropriations or funds made 

11 available to the Department of Defense in this title: Pro12 vided, That the Secretary shall notify the Congress 

13 promptly of each transfer made pursuant to the authority 

14 in this section: Provided further, That the authority pro15 vided in this section is in addition to any other transfer 

16 authority available to the Department of Defense and is 

17 subject to the same terms and conditions as the authority 

18 provided in section 8005 of this Act. 

19 SEC. 9004. Supervision and administration costs and 

20 costs for design during construction associated with a con21 struction project funded with appropriations available for 

22 operation and maintenance or the ‘‘Afghanistan Security 

23 Forces Fund’’ provided in this Act and executed in direct 

24 support of overseas contingency operations in Afghani25 stan, may be obligated at the time a construction contract 
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1 is awarded: Provided, That, for the purpose of this section, 

2 supervision and administration costs and costs for design 

3 during construction include all in-house Government costs. 

4 SEC. 9005. From funds made available in this title, 

5 the Secretary of Defense may purchase for use by military 

6 and civilian employees of the Department of Defense in 

7 the U.S. Central Command area of responsibility: (a) pas8 senger motor vehicles up to a limit of $75,000 per vehicle; 

9 and (b) heavy and light armored vehicles for the physical 

10 security of personnel or for force protection purposes up 

11 to a limit of $400,000 per vehicle, notwithstanding price 

12 or other limitations applicable to the purchase of pas13 senger carrying vehicles. 

14 SEC. 9006. Not to exceed $5,000,000 of the amounts 

15 appropriated by this title under the heading ‘‘Operation 

16 and Maintenance, Army’’ may be used, notwithstanding 

17 any other provision of law, to fund the Commanders’ 

18 Emergency Response Program (CERP), for the purpose 

19 of enabling military commanders in Afghanistan to re20 spond to urgent, small-scale, humanitarian relief and re21 construction requirements within their areas of responsi22 bility: Provided, That each project (including any ancillary 

23 or related elements in connection with such project) exe24 cuted under this authority shall not exceed $2,000,000: 

25 Provided further, That not later than 45 days after the 
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1 end of each 6 months of the fiscal year, the Secretary of 

2 Defense shall submit to the congressional defense commit3 tees a report regarding the source of funds and the alloca4 tion and use of funds during that 6-month period that 

5 were made available pursuant to the authority provided 

6 in this section or under any other provision of law for the 

7 purposes described herein: Provided further, That, not 

8 later than 30 days after the end of each fiscal year quar9 ter, the Army shall submit to the congressional defense 

10 committees quarterly commitment, obligation, and expend11 iture data for the CERP in Afghanistan: Provided further, 

12 That not less than 15 days before making funds available 

13 pursuant to the authority provided in this section or under 

14 any other provision of law for the purposes described here15 in for a project with a total anticipated cost for completion 

16 of $500,000 or more, the Secretary shall submit to the 

17 congressional defense committees a written notice con18 taining each of the following: 

19 (1) The location, nature and purpose of the 

20 proposed project, including how the project is in21 tended to advance the military campaign plan for 

22 the country in which it is to be carried out. 

23 (2) The budget, implementation timeline with 

24 milestones, and completion date for the proposed 

25 project, including any other CERP funding that has 
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1 been or is anticipated to be contributed to the com2 pletion of the project. 

3 (3) A plan for the sustainment of the proposed 

4 project, including the agreement with either the host 

5 nation, a non-Department of Defense agency of the 

6 United States Government or a third-party contrib7 utor to finance the sustainment of the activities and 

8 maintenance of any equipment or facilities to be pro9 vided through the proposed project. 

10 SEC. 9007. Funds available to the Department of De11 fense for operation and maintenance may be used, not12 withstanding any other provision of law, to provide sup13 plies, services, transportation, including airlift and sealift, 

14 and other logistical support to coalition forces supporting 

15 military and stability operations in Afghanistan and to 

16 counter the Islamic State of Iraq and the Levant: Pro17 vided, That the Secretary of Defense shall provide quar18 terly reports to the congressional defense committees re19 garding support provided under this section. 

20 SEC. 9008. None of the funds appropriated or other21 wise made available by this or any other Act shall be obli22 gated or expended by the United States Government for 

23 a purpose as follows: 
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1 (1) To establish any military installation or 

2 base for the purpose of providing for the permanent 

3 stationing of United States Armed Forces in Iraq. 

4 (2) To exercise United States control over any 

5 oil resource of Iraq. 

6 (3) To establish any military installation or 

7 base for the purpose of providing for the permanent 

8 stationing of United States Armed Forces in Af9 ghanistan. 

10 SEC. 9009. None of the funds made available in this 

11 Act may be used in contravention of the following laws 

12 enacted or regulations promulgated to implement the 

13 United Nations Convention Against Torture and Other 

14 Cruel, Inhuman or Degrading Treatment or Punishment 

15 (done at New York on December 10, 1984): 

16 (1) Section 2340A of title 18, United States 

17 Code. 

18 (2) Section 2242 of the Foreign Affairs Reform 

19 and Restructuring Act of 1998 (division G of Public 

20 Law 105–277; 112 Stat. 2681–822; 8 U.S.C. 1231 

21 note) and regulations prescribed thereto, including 

22 regulations under part 208 of title 8, Code of Fed23 eral Regulations, and part 95 of title 22, Code of 

24 Federal Regulations. 
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1 (3) Sections 1002 and 1003 of the Department 

2 of Defense, Emergency Supplemental Appropriations 

3 to Address Hurricanes in the Gulf of Mexico, and 

4 Pandemic Influenza Act, 2006 (Public Law 109– 

5 148). 

6 SEC. 9010. None of the funds provided for the ‘‘Af7 ghanistan Security Forces Fund’’ (ASFF) may be obli8 gated prior to the approval of a financial and activity plan 

9 by the Afghanistan Resources Oversight Council (AROC) 

10 of the Department of Defense: Provided, That the AROC 

11 must approve the requirement and acquisition plan for any 

12 service requirements in excess of $50,000,000 annually 

13 and any non-standard equipment requirements in excess 

14 of $100,000,000 using ASFF: Provided further, That the 

15 Department of Defense must certify to the congressional 

16 defense committees that the AROC has convened and ap17 proved a process for ensuring compliance with the require18 ments in the preceding proviso and accompanying report 

19 language for the ASFF. 

20 SEC. 9011. Funds made available in this title to the 

21 Department of Defense for operation and maintenance 

22 may be used to purchase items having an investment unit 

23 cost of not more than $250,000: Provided, That, upon de24 termination by the Secretary of Defense that such action 

25 is necessary to meet the operational requirements of a 
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1 Commander of a Combatant Command engaged in contin2 gency operations overseas, such funds may be used to pur3 chase items having an investment item unit cost of not 

4 more than $500,000. 

5 SEC. 9012. From funds made available to the De6 partment of Defense in this title under the heading ‘‘Oper7 ation and Maintenance, Air Force’’, up to $140,000,000 

8 may be used by the Secretary of Defense, notwithstanding 

9 any other provision of law, to support United States Gov10 ernment transition activities in Iraq by funding the oper11 ations and activities of the Office of Security Cooperation 

12 in Iraq and security assistance teams, including life sup13 port, transportation and personal security, and facilities 

14 renovation and construction, and site closeout activities 

15 prior to returning sites to the Government of Iraq: Pro16 vided, That, to the extent authorized under the National 

17 Defense Authorization Act for Fiscal Year 2016, the oper18 ations and activities that may be carried out by the Office 

19 of Security Cooperation in Iraq may, with the concurrence 

20 of the Secretary of State, include non-operational training 

21 activities in support of Iraqi Minister of Defense and 

22 Counter Terrorism Service personnel in an institutional 

23 environment to address capability gaps, integrate proc24 esses relating to intelligence, air sovereignty, combined 

25 arms, logistics and maintenance, and to manage and inte-
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1 grate defense-related institutions: Provided further, That 

2 not later than 30 days following the enactment of this Act, 

3 the Secretary of Defense and the Secretary of State shall 

4 submit to the congressional defense committees a plan for 

5 transitioning any such training activities that they deter6 mine are needed after the end of fiscal year 2016, to exist7 ing or new contracts for the sale of defense articles or 

8 defense services consistent with the provisions of the Arms 

9 Export Control Act (22 U.S.C. 2751 et seq.): Provided 

10 further, That, not less than 15 days before making funds 

11 available pursuant to the authority provided in this sec12 tion, the Secretary of Defense shall submit to the congres13 sional defense committees a written notice containing a 

14 detailed justification and timeline for the operations and 

15 activities of the Office of Security Cooperation in Iraq at 

16 each site where such operations and activities will be con17 ducted during fiscal year 2016. 

18 SEC. 9013. None of the funds made available by this 

19 Act may be used with respect to Syria in contravention 

20 of the War Powers Resolution (50 U.S.C. 1541 et seq.), 

21 including for the introduction of United States armed or 

22 military forces into hostilities in Syria, into situations in 

23 Syria where imminent involvement in hostilities is clearly 

24 indicated by the circumstances, or into Syrian territory, 

25 airspace, or waters while equipped for combat, in con-
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1 travention of the congressional consultation and reporting 

2 requirements of sections 3 and 4 of that law (50 U.S.C. 

3 1542 and 1543). 

4 SEC. 9014. For the ‘‘Ukraine Security Assistance Ini5 tiative’’ as authorized by section 1251 of S. 1376, the Na6 tional Defense Authorization Act for Fiscal Year 2016, 

7 as reported, $300,000,000 is hereby appropriated to pro8 vide appropriate security assistance and intelligence sup9 port, including training, equipment, and logistics support, 

10 supplies and services, to military and other security forces 

11 of the Government of Ukraine: Provided, That such 

12 amount is designated by the Congress for Overseas Con13 tingency Operations/Global War on Terrorism pursuant to 

14 section 251(b)(2)(A)(ii) of the Balanced Budget and 

15 Emergency Deficit Control Act of 1985. 

16 SEC. 9015. None of the funds in this Act may be 

17 made available for the transfer of additional C–130 cargo 

18 aircraft to the Afghanistan National Security Forces or 

19 the Afghanistan Air Force until the Department of De20 fense provides a report to the congressional defense com21 mittees of the Afghanistan Air Force’s medium airlift re22 quirements. The report should identify Afghanistan’s abil23 ity to utilize and maintain existing medium lift aircraft 

24 in the inventory and the best alternative platform, if nec-
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1 essary, to provide additional support to the Afghanistan 

2 Air Force’s current medium airlift capacity. 

3 SEC. 9016. The Secretary of Defense may obligate 

4 and expend funds made available to the Department of 

5 Defense in this title for additional costs associated with 

6 projects funded with amounts provided under the heading 

7 ‘‘Afghanistan Infrastructure Fund’’ in prior Acts: Pro8 vided, That such costs shall be limited to contract changes 

9 resulting from inflation, market fluctuation, rate adjust10 ments, and other necessary contract actions to complete 

11 the projects, and associated supervision and administra12 tion costs and costs for design during construction: Pro13 vided further, That the Secretary may not use more than 

14 $100,000,000 under the authority provided in this section: 

15 Provided further, That the Secretary shall highlight such 

16 contract changes and adjustments in annual reports to the 

17 congressional defense committees. 

18 SEC. 9017. It is the sense of the Senate that Con19 gress should enact an updated Authorization for Use of 

20 Military Force to clarify the United States military role 

21 against the Islamic State of Iraq and the Levant (ISIL). 

22 This Act may be cited as the ‘‘Department of Defense 

23 Appropriations Act, 2016’’. 

Calendar No. 115 

114TH CONGRESS 

1ST SESSION S. 1558 

[Report No. 114–63] 

A BILL 

Making appropriations for Department of Defense 

and for other purposes. for the fiscal year ending September 30, 2016, 

JUNE 11, 2015 

Read twice and placed on the calendar