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1 DIVISION C—DEPARTMENT OF DEFENSE 

2 APPROPRIATIONS ACT, 2016 

3 TITLE I 

4 MILITARY PERSONNEL 

5 MILITARY PERSONNEL, ARMY

6 For pay, allowances, individual clothing, subsistence, 

7 interest on deposits, gratuities, permanent change of sta8 tion travel (including all expenses thereof for organiza9 tional movements), and expenses of temporary duty travel 

10 between permanent duty stations, for members of the 

11 Army on active duty (except members of reserve compo12 nents provided for elsewhere), cadets, and aviation cadets; 

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

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

15 377, as amended (42 U.S.C. 402 note), and to the Depart16 ment of Defense Military Retirement Fund, 

17 $41,045,562,000. 

18 MILITARY PERSONNEL, NAVY

19 For pay, allowances, individual clothing, subsistence, 

20 interest on deposits, gratuities, permanent change of sta21 tion travel (including all expenses thereof for organiza22 tional movements), and expenses of temporary duty travel 

23 between permanent duty stations, for members of the 

24 Navy on active duty (except members of the Reserve pro25 vided for elsewhere), midshipmen, and aviation cadets; for 

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

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

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

4 of Defense Military Retirement Fund, $27,835,183,000. 

5 MILITARY PERSONNEL, MARINE CORPS

6 For pay, allowances, individual clothing, subsistence, 

7 interest on deposits, gratuities, permanent change of sta8 tion travel (including all expenses thereof for organiza9 tional movements), and expenses of temporary duty travel 

10 between permanent duty stations, for members of the Ma11 rine Corps on active duty (except members of the Reserve 

12 provided for elsewhere); and for payments pursuant to sec13 tion 156 of Public Law 97–377, as amended (42 U.S.C. 

14 402 note), and to the Department of Defense Military Re15 tirement Fund, $12,859,152,000. 

16 MILITARY PERSONNEL, AIR FORCE

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 Air 

22 Force on active duty (except members of reserve compo23 nents provided for elsewhere), cadets, and aviation cadets; 

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

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

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1 377, as amended (42 U.S.C. 402 note), and to the Depart2 ment of Defense Military Retirement Fund, 

3 $27,679,066,000. 

4 RESERVE PERSONNEL, ARMY

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

6 travel, and related expenses for personnel of the Army Re7 serve on active duty under sections 10211, 10302, and 

8 3038 of title 10, United States Code, or while serving on 

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

10 States Code, in connection with performing duty specified 

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

12 while undergoing reserve training, or while performing 

13 drills or equivalent duty or other duty, and expenses au14 thorized by section 16131 of title 10, United States Code; 

15 and for payments to the Department of Defense Military 

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

17 RESERVE PERSONNEL, NAVY

18 For pay, allowances, clothing, subsistence, gratuities, 

19 travel, and related expenses for personnel of the Navy Re20 serve on active duty under section 10211 of title 10, 

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

22 section 12301(d) of title 10, United States Code, in con23 nection with performing duty specified in section 12310(a) 

24 of title 10, United States Code, or while undergoing re25 serve training, or while performing drills or equivalent 

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1 duty, and expenses authorized by section 16131 of title 

2 10, United States Code; and for payments to the Depart3 ment of Defense Military Retirement Fund, 

4 $1,866,891,000. 

5 RESERVE PERSONNEL, MARINE CORPS

6 For pay, allowances, clothing, subsistence, gratuities, 

7 travel, and related expenses for personnel of the Marine 

8 Corps Reserve on active duty under section 10211 of title 

9 10, United States Code, or while serving on active duty 

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

11 in connection with performing duty specified in section 

12 12310(a) of title 10, United States Code, or while under13 going reserve training, or while performing drills or equiv14 alent duty, and for members of the Marine Corps platoon 

15 leaders class, and expenses authorized by section 16131 

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

17 Department of Defense Military Retirement Fund, 

18 $702,481,000. 

19 RESERVE PERSONNEL, AIR FORCE

20 For pay, allowances, clothing, subsistence, gratuities, 

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

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

23 8038 of title 10, United States Code, or while serving on 

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

25 States Code, in connection with performing duty specified 

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

2 while undergoing reserve training, or while performing 

3 drills or equivalent duty or other duty, and expenses au4 thorized by section 16131 of title 10, United States Code; 

5 and for payments to the Department of Defense Military 

6 Retirement Fund, $1,682,942,000. 

7 NATIONAL GUARD PERSONNEL, ARMY

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

9 travel, and related expenses for personnel of the Army Na10 tional Guard while on duty under sections 10211, 10302, 

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

12 States Code, or while serving on duty under section 

13 12301(d) of title 10 or section 502(f) of title 32, United 

14 States Code, in connection with performing duty specified 

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

16 while undergoing training, or while performing drills or 

17 equivalent duty or other duty, and expenses authorized by 

18 section 16131 of title 10, United States Code; and for pay19 ments to the Department of Defense Military Retirement 

20 Fund, $7,892,327,000. 

21 NATIONAL GUARD PERSONNEL, AIR FORCE

22 For pay, allowances, clothing, subsistence, gratuities, 

23 travel, and related expenses for personnel of the Air Na24 tional Guard on duty under sections 10211, 10305, or 

25 12402 of title 10 or section 708 of title 32, United States 

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

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

3 in connection with performing duty specified in section 

4 12310(a) of title 10, United States Code, or while under5 going training, or while performing drills or equivalent 

6 duty or other duty, and expenses authorized by section 

7 16131 of title 10, United States Code; and for payments 

8 to the Department of Defense Military Retirement Fund, 

9 $3,201,890,000. 

10 TITLE II 

11 OPERATION AND MAINTENANCE 

12 OPERATION AND MAINTENANCE, ARMY

13 For expenses, not otherwise provided for, necessary 

14 for the operation and maintenance of the Army, as author15 ized by law, $32,399,440,000: Provided, That not to ex16 ceed $12,478,000 can be used for emergencies and ex17 traordinary expenses, to be expended on the approval or 

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

19 be made on his certificate of necessity for confidential mili20 tary purposes. 

21 OPERATION AND MAINTENANCE, NAVY

22 For expenses, not otherwise provided for, necessary 

23 for the operation and maintenance of the Navy and the 

24 Marine Corps, as authorized by law, $39,600,172,000: 

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

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1 emergencies and extraordinary expenses, to be expended 

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

3 and payments may be made on his certificate of necessity 

4 for confidential military purposes. 

5 OPERATION AND MAINTENANCE, MARINE CORPS

6 For expenses, not otherwise provided for, necessary 

7 for the operation and maintenance of the Marine Corps, 

8 as authorized by law, $5,718,074,000. 

9 OPERATION AND MAINTENANCE, AIR FORCE

10 For expenses, not otherwise provided for, necessary 

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

12 authorized by law, $35,727,457,000: Provided, That not 

13 to exceed $7,699,000 can be used for emergencies and ex14 traordinary expenses, to be expended on the approval or 

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

16 may be made on his certificate of necessity for confidential 

17 military purposes. 

18 OPERATION AND MAINTENANCE, DEFENSE-WIDE

19 (INCLUDING TRANSFER OF FUNDS)

20 For expenses, not otherwise provided for, necessary 

21 for the operation and maintenance of activities and agen22 cies of the Department of Defense (other than the military 

23 departments), as authorized by law, $32,105,040,000: 

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

25 for the Combatant Commander Initiative Fund authorized 

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1 under section 166a of title 10, United States Code: Pro2 vided further, That not to exceed $36,000,000 can be used 

3 for emergencies and extraordinary expenses, to be ex4 pended on the approval or authority of the Secretary of 

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

6 necessity for confidential military purposes: Provided fur7 ther, That of the funds provided under this heading, not 

8 less than $35,045,000 shall be made available for the Pro9 curement Technical Assistance Cooperative Agreement 

10 Program, of which not less than $3,600,000 shall be avail11 able for centers defined in 10 U.S.C. 2411(1)(D): Pro12 vided further, That none of the funds appropriated or oth13 erwise made available by this Act may be used to plan 

14 or implement the consolidation of a budget or appropria15 tions liaison office of the Office of the Secretary of De16 fense, the office of the Secretary of a military department, 

17 or the service headquarters of one of the Armed Forces 

18 into a legislative affairs or legislative liaison office: Pro19 vided further, That $9,031,000, to remain available until 

20 expended, is available only for expenses relating to certain 

21 classified activities, and may be transferred as necessary 

22 by the Secretary of Defense to operation and maintenance 

23 appropriations or research, development, test and evalua24 tion appropriations, to be merged with and to be available 

25 for the same time period as the appropriations to which 

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1 transferred: Provided further, That any ceiling on the in2 vestment item unit cost of items that may be purchased 

3 with operation and maintenance funds shall not apply to 

4 the funds described in the preceding proviso: Provided fur5 ther, That the transfer authority provided under this head6 ing is in addition to any other transfer authority provided 

7 elsewhere in this Act. 

8 OPERATION AND MAINTENANCE, ARMY RESERVE

9 For expenses, not otherwise provided for, necessary 

10 for the operation and maintenance, including training, or11 ganization, and administration, of the Army Reserve; re12 pair of facilities and equipment; hire of passenger motor 

13 vehicles; travel and transportation; care of the dead; re14 cruiting; procurement of services, supplies, and equip15 ment; and communications, $2,646,911,000. 

16 OPERATION AND MAINTENANCE, NAVY RESERVE

17 For expenses, not otherwise provided for, necessary 

18 for the operation and maintenance, including training, or19 ganization, and administration, of the Navy Reserve; re20 pair of facilities and equipment; hire of passenger motor 

21 vehicles; travel and transportation; care of the dead; re22 cruiting; procurement of services, supplies, and equip23 ment; and communications, $998,481,000. 

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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, $274,526,000. 

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, $2,980,768,000. 

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 exDecember 16, 2015 (1:04 a.m.)
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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), $6,595,483,000. 

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 

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1 Bureau regulations when specifically authorized by the 

2 Chief, National Guard Bureau, $6,820,569,000. 

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: 

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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, $300,000,000, 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. 

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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 

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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, $231,217,000, 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 

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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), $103,266,000, 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 

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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. 

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1 TITLE III 

2 PROCUREMENT 

3 AIRCRAFT PROCUREMENT, ARMY

4 For construction, procurement, production, modifica5 tion, and modernization of aircraft, equipment, including 

6 ordnance, ground handling equipment, spare parts, and 

7 accessories therefor; specialized equipment and training 

8 devices; expansion of public and private plants, including 

9 the land necessary therefor, for the foregoing purposes, 

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

11 and construction prosecuted thereon prior to approval of 

12 title; and procurement and installation of equipment, ap13 pliances, and machine tools in public and private plants; 

14 reserve plant and Government and contractor-owned 

15 equipment layaway; and other expenses necessary for the 

16 foregoing purposes, $5,866,367,000, to remain available 

17 for obligation until September 30, 2018. 

18 MISSILE PROCUREMENT, ARMY

19 For construction, procurement, production, modifica20 tion, and modernization of missiles, equipment, including 

21 ordnance, ground handling equipment, spare parts, and 

22 accessories therefor; specialized equipment and training 

23 devices; expansion of public and private plants, including 

24 the land necessary therefor, for the foregoing purposes, 

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

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1 and construction prosecuted thereon prior to approval of 

2 title; and procurement and installation of equipment, ap3 pliances, and machine tools in public and private plants; 

4 reserve plant and Government and contractor-owned 

5 equipment layaway; and other expenses necessary for the 

6 foregoing purposes, $1,600,957,000, to remain available 

7 for obligation until September 30, 2018. 

8 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

9 VEHICLES, ARMY

10 For construction, procurement, production, and 

11 modification of weapons and tracked combat vehicles, 

12 equipment, including ordnance, spare parts, and acces13 sories therefor; specialized equipment and training devices; 

14 expansion of public and private plants, including the land 

15 necessary therefor, for the foregoing purposes, and such 

16 lands and interests therein, may be acquired, and con17 struction prosecuted thereon prior to approval of title; and 

18 procurement and installation of equipment, appliances, 

19 and machine tools in public and private plants; reserve 

20 plant and Government and contractor-owned equipment 

21 layaway; and other expenses necessary for the foregoing 

22 purposes, $1,951,646,000, to remain available for obliga23 tion until September 30, 2018. 

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1 PROCUREMENT OF AMMUNITION, ARMY

2 For construction, procurement, production, and 

3 modification of ammunition, and accessories therefor; spe4 cialized equipment and training devices; expansion of pub5 lic and private plants, including ammunition facilities, au6 thorized by section 2854 of title 10, United States Code, 

7 and the land necessary therefor, for the foregoing pur8 poses, and such lands and interests therein, may be ac9 quired, and construction prosecuted thereon prior to ap10 proval of title; and procurement and installation of equip11 ment, appliances, and machine tools in public and private 

12 plants; reserve plant and Government and contractor13 owned equipment layaway; and other expenses necessary 

14 for the foregoing purposes, $1,245,426,000, to remain 

15 available for obligation until September 30, 2018. 

16 OTHER PROCUREMENT, ARMY

17 For construction, procurement, production, and 

18 modification of vehicles, including tactical, support, and 

19 non-tracked combat vehicles; the purchase of passenger 

20 motor vehicles for replacement only; communications and 

21 electronic equipment; other support equipment; spare 

22 parts, ordnance, and accessories therefor; specialized 

23 equipment and training devices; expansion of public and 

24 private plants, including the land necessary therefor, for 

25 the foregoing purposes, and such lands and interests 

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1 therein, may be acquired, and construction prosecuted 

2 thereon prior to approval of title; and procurement and 

3 installation of equipment, appliances, and machine tools 

4 in public and private plants; reserve plant and Govern5 ment and contractor-owned equipment layaway; and other 

6 expenses necessary for the foregoing purposes, 

7 $5,718,811,000, to remain available for obligation until 

8 September 30, 2018. 

9 AIRCRAFT PROCUREMENT, NAVY

10 For construction, procurement, production, modifica11 tion, and modernization of aircraft, equipment, including 

12 ordnance, spare parts, and accessories therefor; specialized 

13 equipment; expansion of public and private plants, includ14 ing the land necessary therefor, and such lands and inter15 ests therein, may be acquired, and construction prosecuted 

16 thereon prior to approval of title; and procurement and 

17 installation of equipment, appliances, and machine tools 

18 in public and private plants; reserve plant and Govern19 ment and contractor-owned equipment layaway, 

20 $17,521,209,000, to remain available for obligation until 

21 September 30, 2018. 

22 WEAPONS PROCUREMENT, NAVY

23 For construction, procurement, production, modifica24 tion, and modernization of missiles, torpedoes, other weap25 ons, and related support equipment including spare parts, 

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1 and accessories therefor; expansion of public and private 

2 plants, including the land necessary therefor, and such 

3 lands and interests therein, may be acquired, and con4 struction prosecuted thereon prior to approval of title; and 

5 procurement and installation of equipment, appliances, 

6 and machine tools in public and private plants; reserve 

7 plant and Government and contractor-owned equipment 

8 layaway, $3,049,542,000, to remain available for obliga9 tion until September 30, 2018. 

10 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

11 CORPS

12 For construction, procurement, production, and 

13 modification of ammunition, and accessories therefor; spe14 cialized equipment and training devices; expansion of pub15 lic and private plants, including ammunition facilities, au16 thorized by section 2854 of title 10, United States Code, 

17 and the land necessary therefor, for the foregoing pur18 poses, and such lands and interests therein, may be ac19 quired, and construction prosecuted thereon prior to ap20 proval of title; and procurement and installation of equip21 ment, appliances, and machine tools in public and private 

22 plants; reserve plant and Government and contractor23 owned equipment layaway; and other expenses necessary 

24 for the foregoing purposes, $651,920,000, to remain avail25 able for obligation until September 30, 2018. 

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1 SHIPBUILDING AND CONVERSION, NAVY

2 For expenses necessary for the construction, acquisi3 tion, or conversion of vessels as authorized by law, includ4 ing armor and armament thereof, plant equipment, appli5 ances, and machine tools and installation thereof in public 

6 and private plants; reserve plant and Government and con7 tractor-owned equipment layaway; procurement of critical, 

8 long lead time components and designs for vessels to be 

9 constructed or converted in the future; and expansion of 

10 public and private plants, including land necessary there11 for, and such lands and interests therein, may be acquired, 

12 and construction prosecuted thereon prior to approval of 

13 title, as follows: 

14 Carrier Replacement Program, $1,569,571,000; 

15 Carrier Replacement Program (AP), 

16 $862,358,000; 

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

18 Virginia Class Submarine (AP), 

19 $1,971,840,000; 

20 CVN Refueling Overhauls, $637,588,000; 

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

22 DDG–1000 Program, $433,404,000; 

23 DDG–51 Destroyer, $4,132,650,000; 

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

25 LPD–17, $550,000,000; 

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

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

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

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

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

6 T–ATS(X) Fleet Tug, $75,000,000; 

7 LCU Replacement, $34,000,000; 

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

9 Ship to Shore Connector, $210,630,000; 

10 Service Craft, $30,014,000; 

11 LCAC Service Life Extension Program, 

12 $80,738,000; 

13 YP Craft Maintenance/ROH/SLEP, 

14 $21,838,000; and 

15 For outfitting, post delivery, conversions, and 

16 first destination transportation, $613,758,000. 

17 Completion of Prior Year Shipbuilding Pro18 grams, $389,305,000. 

19 In all: $18,704,539,000, to remain available for obli20 gation until September 30, 2020: Provided, That addi21 tional obligations may be incurred after September 30, 

22 2020, for engineering services, tests, evaluations, and 

23 other such budgeted work that must be performed in the 

24 final stage of ship construction: Provided further, That 

25 none of the funds provided under this heading for the conDecember 16, 2015 (1:04 a.m.)
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1 struction or conversion of any naval vessel to be con2 structed in shipyards in the United States shall be ex3 pended in foreign facilities for the construction of major 

4 components of such vessel: Provided further, That none 

5 of the funds provided under this heading shall be used 

6 for the construction of any naval vessel in foreign ship7 yards. 

8 OTHER PROCUREMENT, NAVY

9 For procurement, production, and modernization of 

10 support equipment and materials not otherwise provided 

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

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

13 of passenger motor vehicles for replacement only; expan14 sion of public and private plants, including the land nec15 essary therefor, and such lands and interests therein, may 

16 be acquired, and construction prosecuted thereon prior to 

17 approval of title; and procurement and installation of 

18 equipment, appliances, and machine tools in public and 

19 private plants; reserve plant and Government and con20 tractor-owned equipment layaway, $6,484,257,000, to re21 main available for obligation until September 30, 2018. 

22 PROCUREMENT, MARINE CORPS

23 For expenses necessary for the procurement, manu24 facture, and modification of missiles, armament, military 

25 equipment, spare parts, and accessories therefor; plant 

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1 equipment, appliances, and machine tools, and installation 

2 thereof in public and private plants; reserve plant and 

3 Government and contractor-owned equipment layaway; ve4 hicles for the Marine Corps, including the purchase of pas5 senger motor vehicles for replacement only; and expansion 

6 of public and private plants, including land necessary 

7 therefor, and such lands and interests therein, may be ac8 quired, and construction prosecuted thereon prior to ap9 proval of title, $1,186,812,000, to remain available for ob10 ligation until September 30, 2018. 

11 AIRCRAFT PROCUREMENT, AIR FORCE

12 For construction, procurement, and modification of 

13 aircraft and equipment, including armor and armament, 

14 specialized ground handling equipment, and training de15 vices, spare parts, and accessories therefor; specialized 

16 equipment; expansion of public and private plants, Gov17 ernment-owned equipment and installation thereof in such 

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

19 the foregoing purposes, and such lands and interests 

20 therein, may be acquired, and construction prosecuted 

21 thereon prior to approval of title; reserve plant and Gov22 ernment and contractor-owned equipment layaway; and 

23 other expenses necessary for the foregoing purposes in24 cluding rents and transportation of things, 

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1 $15,756,853,000, to remain available for obligation until 

2 September 30, 2018. 

3 MISSILE PROCUREMENT, AIR FORCE

4 For construction, procurement, and modification of 

5 missiles, rockets, and related equipment, including spare 

6 parts and accessories therefor; ground handling equip7 ment, and training devices; expansion of public and pri8 vate plants, Government-owned equipment and installa9 tion thereof in such plants, erection of structures, and ac10 quisition of land, for the foregoing purposes, and such 

11 lands and interests therein, may be acquired, and con12 struction prosecuted thereon prior to approval of title; re13 serve plant and Government and contractor-owned equip14 ment layaway; and other expenses necessary for the fore15 going purposes including rents and transportation of 

16 things, $2,912,131,000, to remain available for obligation 

17 until September 30, 2018. 

18 SPACE PROCUREMENT, AIR FORCE

19 For construction, procurement, and modification of 

20 spacecraft, rockets, and related equipment, including 

21 spare parts and accessories therefor; ground handling 

22 equipment, and training devices; expansion of public and 

23 private plants, Government-owned equipment and installa24 tion thereof in such plants, erection of structures, and ac25 quisition of land, for the foregoing purposes, and such 

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

6 things, $2,812,159,000, to remain available for obligation 

7 until September 30, 2018. 

8 PROCUREMENT OF AMMUNITION, AIR FORCE

9 For construction, procurement, production, and 

10 modification of ammunition, and accessories therefor; spe11 cialized equipment and training devices; expansion of pub12 lic and private plants, including ammunition facilities, au13 thorized by section 2854 of title 10, United States Code, 

14 and the land necessary therefor, for the foregoing pur15 poses, and such lands and interests therein, may be ac16 quired, and construction prosecuted thereon prior to ap17 proval of title; and procurement and installation of equip18 ment, appliances, and machine tools in public and private 

19 plants; reserve plant and Government and contractor20 owned equipment layaway; and other expenses necessary 

21 for the foregoing purposes, $1,744,993,000, to remain 

22 available for obligation until September 30, 2018. 

23 OTHER PROCUREMENT, AIR FORCE

24 For procurement and modification of equipment (in25 cluding ground guidance and electronic control equipment, 

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1 and ground electronic and communication equipment), 

2 and supplies, materials, and spare parts therefor, not oth3 erwise provided for; the purchase of passenger motor vehi4 cles for replacement only; lease of passenger motor vehi5 cles; and expansion of public and private plants, Govern6 ment-owned equipment and installation thereof in such 

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

8 the foregoing purposes, and such lands and interests 

9 therein, may be acquired, and construction prosecuted 

10 thereon, prior to approval of title; reserve plant and Gov11 ernment and contractor-owned equipment layaway, 

12 $18,311,882,000, to remain available for obligation until 

13 September 30, 2018. 

14 PROCUREMENT, DEFENSE-WIDE

15 For expenses of activities and agencies of the Depart16 ment of Defense (other than the military departments) 

17 necessary for procurement, production, and modification 

18 of equipment, supplies, materials, and spare parts there19 for, not otherwise provided for; the purchase of passenger 

20 motor vehicles for replacement only; expansion of public 

21 and private plants, equipment, and installation thereof in 

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

23 for the foregoing purposes, and such lands and interests 

24 therein, may be acquired, and construction prosecuted 

25 thereon prior to approval of title; reserve plant and GovDecember 16, 2015 (1:04 a.m.)
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1 ernment and contractor-owned equipment layaway, 

2 $5,245,443,000, to remain available for obligation until 

3 September 30, 2018. 

4 DEFENSE PRODUCTION ACT PURCHASES

5 For activities by the Department of Defense pursuant 

6 to sections 108, 301, 302, and 303 of the Defense Produc7 tion Act of 1950 (50 U.S.C. App. 2078, 2091, 2092, and 

8 2093), $76,680,000, to remain available until expended. 

9 TITLE IV 

10 RESEARCH, DEVELOPMENT, TEST AND 

11 EVALUATION 

12 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

13 ARMY

14 For expenses necessary for basic and applied sci15 entific research, development, test and evaluation, includ16 ing maintenance, rehabilitation, lease, and operation of fa17 cilities and equipment, $7,565,327,000, to remain avail18 able for obligation until September 30, 2017. 

19 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

20 NAVY

21 For expenses necessary for basic and applied sci22 entific research, development, test and evaluation, includ23 ing maintenance, rehabilitation, lease, and operation of fa24 cilities and equipment, $18,117,677,000, to remain avail25 able for obligation until September 30, 2017: Provided, 

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1 That funds appropriated in this paragraph which are 

2 available for the V–22 may be used to meet unique oper3 ational requirements of the Special Operations Forces. 

4 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

5 AIR FORCE

6 For expenses necessary for basic and applied sci7 entific research, development, test and evaluation, includ8 ing maintenance, rehabilitation, lease, and operation of fa9 cilities and equipment, $25,217,148,000, to remain avail10 able for obligation until September 30, 2017. 

11 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

12 DEFENSE-WIDE

13 (INCLUDING TRANSFER OF FUNDS)

14 For expenses of activities and agencies of the Depart15 ment of Defense (other than the military departments), 

16 necessary for basic and applied scientific research, devel17 opment, test and evaluation; advanced research projects 

18 as may be designated and determined by the Secretary 

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

20 lease, and operation of facilities and equipment, 

21 $18,695,955,000, to remain available for obligation until 

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

23 available in this paragraph, $250,000,000 for the Defense 

24 Rapid Innovation Program shall only be available for ex25 penses, not otherwise provided for, to include program 

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1 management and oversight, to conduct research, develop2 ment, test and evaluation to include proof of concept dem3 onstration; engineering, testing, and validation; and tran4 sition to full-scale production: Provided further, That the 

5 Secretary of Defense may transfer funds provided herein 

6 for the Defense Rapid Innovation Program to appropria7 tions for research, development, test and evaluation to ac8 complish the purpose provided herein: Provided further, 

9 That this transfer authority is in addition to any other 

10 transfer authority available to the Department of Defense: 

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

12 fewer than 30 days prior to making transfers from this 

13 appropriation, notify the congressional defense committees 

14 in writing of the details of any such transfer. 

15 OPERATIONAL TEST AND EVALUATION, DEFENSE

16 For expenses, not otherwise provided for, necessary 

17 for the independent activities of the Director, Operational 

18 Test and Evaluation, in the direction and supervision of 

19 operational test and evaluation, including initial oper20 ational test and evaluation which is conducted prior to, 

21 and in support of, production decisions; joint operational 

22 testing and evaluation; and administrative expenses in 

23 connection therewith, $188,558,000, to remain available 

24 for obligation until September 30, 2017. 

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1 TITLE V 

2 REVOLVING AND MANAGEMENT FUNDS 

3 DEFENSE WORKING CAPITAL FUNDS

4 For the Defense Working Capital Funds, 

5 $1,738,768,000. 

6 NATIONAL DEFENSE SEALIFT FUND

7 For National Defense Sealift Fund programs, 

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

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

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

11 and for the necessary expenses to maintain and preserve 

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

13 needs of the United States, $474,164,000, to remain avail14 able until expended: Provided, That none of the funds pro15 vided in this paragraph shall be used to award a new con16 tract that provides for the acquisition of any of the fol17 lowing major components unless such components are 

18 manufactured in the United States: auxiliary equipment, 

19 including pumps, for all shipboard services; propulsion 

20 system components (engines, reduction gears, and propel21 lers); shipboard cranes; and spreaders for shipboard 

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

23 in a contract awarded through the obligation of previously 

24 appropriated funds shall not be considered to be the award 

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

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1 funds provided in this paragraph shall be used to award 

2 a new contract for the construction, acquisition, or conver3 sion of vessels, including procurement of critical, long lead 

4 time components and designs for vessels to be constructed 

5 or converted in the future: Provided further, That the Sec6 retary of the military department responsible for such pro7 curement may waive the restrictions in the first proviso 

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

9 Committees on Appropriations of the House of Represent10 atives and the Senate that adequate domestic supplies are 

11 not available to meet Department of Defense requirements 

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

13 made in order to acquire capability for national security 

14 purposes. 

15 TITLE VI 

16 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

17 DEFENSE HEALTH PROGRAM

18 For expenses, not otherwise provided for, for medical 

19 and health care programs of the Department of Defense 

20 as authorized by law, $32,329,490,000; of which 

21 $29,842,167,000 shall be for operation and maintenance, 

22 of which not to exceed one percent shall remain available 

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

24 to $14,579,612,000 may be available for contracts entered 

25 into under the TRICARE program; of which 

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1 $365,390,000, to remain available for obligation until Sep2 tember 30, 2018, shall be for procurement; and of which 

3 $2,121,933,000, to remain available for obligation until 

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

5 test and evaluation: Provided, That, notwithstanding any 

6 other provision of law, of the amount made available under 

7 this heading for research, development, test and evalua8 tion, not less than $8,000,000 shall be available for HIV 

9 prevention educational activities undertaken in connection 

10 with United States military training, exercises, and hu11 manitarian assistance activities conducted primarily in Af12 rican nations: Provided further, That of the funds provided 

13 under this heading for research, development, test and 

14 evaluation, not less than $943,300,000 shall be made 

15 available to the United States Army Medical Research and 

16 Materiel Command to carry out the congressionally di17 rected medical research programs. 

18 CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, 

19 DEFENSE

20 For expenses, not otherwise provided for, necessary 

21 for the destruction of the United States stockpile of lethal 

22 chemical agents and munitions in accordance with the pro23 visions of section 1412 of the Department of Defense Au24 thorization Act, 1986 (50 U.S.C. 1521), and for the de25 struction of other chemical warfare materials that are not 

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

2 $118,198,000 shall be for operation and maintenance, of 

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

4 Stockpile Emergency Preparedness Program, consisting of 

5 $21,289,000 for activities on military installations and 

6 $29,454,000, to remain available until September 30, 

7 2017, to assist State and local governments; $2,281,000 

8 shall be for procurement, to remain available until Sep9 tember 30, 2018, of which $2,281,000 shall be for the 

10 Chemical Stockpile Emergency Preparedness Program to 

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

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

13 research, development, test and evaluation, of which 

14 $569,339,000 shall only be for the Assembled Chemical 

15 Weapons Alternatives program. 

16 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

17 DEFENSE

18 (INCLUDING TRANSFER OF FUNDS)

19 For drug interdiction and counter-drug activities of 

20 the Department of Defense, for transfer to appropriations 

21 available to the Department of Defense for military per22 sonnel of the reserve components serving under the provi23 sions of title 10 and title 32, United States Code; for oper24 ation and maintenance; for procurement; and for research, 

25 development, test and evaluation, $1,050,598,000, of 

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1 which $716,109,000 shall be for counter-narcotics sup2 port; $121,589,000 shall be for the drug demand reduc3 tion program; $192,900,000 shall be for the National 

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

5 for the National Guard counter-drug schools program: 

6 Provided, That the funds appropriated under this heading 

7 shall be available for obligation for the same time period 

8 and for the same purpose as the appropriation to which 

9 transferred: Provided further, That upon a determination 

10 that all or part of the funds transferred from this appro11 priation are not necessary for the purposes provided here12 in, such amounts may be transferred back to this appro13 priation: Provided further, That the transfer authority pro14 vided under this heading is in addition to any other trans15 fer authority contained elsewhere in this Act. 

16 OFFICE OF THE INSPECTOR GENERAL

17 For expenses and activities of the Office of the In18 spector General in carrying out the provisions of the In19 spector General Act of 1978, as amended, $312,559,000, 

20 of which $310,459,000 shall be for operation and mainte21 nance, of which not to exceed $700,000 is available for 

22 emergencies and extraordinary expenses to be expended on 

23 the approval or authority of the Inspector General, and 

24 payments may be made on the Inspector General’s certifi25 cate of necessity for confidential military purposes; and 

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

2 30, 2017, shall be for research, development, test and eval3 uation. 

4 TITLE VII 

5 RELATED AGENCIES 

6 CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

7 DISABILITY SYSTEM FUND

8 For payment to the Central Intelligence Agency Re9 tirement and Disability System Fund, to maintain the 

10 proper funding level for continuing the operation of the 

11 Central Intelligence Agency Retirement and Disability 

12 System, $514,000,000. 

13 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

14 For necessary expenses of the Intelligence Commu15 nity Management Account, $505,206,000. 

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1 TITLE VIII 

2 GENERAL PROVISIONS 

3 SEC. 8001. No part of any appropriation contained 

4 in this Act shall be used for publicity or propaganda pur5 poses not authorized by the Congress. 

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

7 of law prohibiting the payment of compensation to, or em8 ployment of, any person not a citizen of the United States 

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

10 Provided, That salary increases granted to direct and indi11 rect hire foreign national employees of the Department of 

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

13 of the percentage increase authorized by law for civilian 

14 employees of the Department of Defense whose pay is 

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

16 United States Code, or at a rate in excess of the percent17 age increase provided by the appropriate host nation to 

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

19 That this section shall not apply to Department of De20 fense foreign service national employees serving at United 

21 States diplomatic missions whose pay is set by the Depart22 ment of State under the Foreign Service Act of 1980: Pro23 vided further, That the limitations of this provision shall 

24 not apply to foreign national employees of the Department 

25 of Defense in the Republic of Turkey. 

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1 SEC. 8003. No part of any appropriation contained 

2 in this Act shall remain available for obligation beyond 

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

4 SEC. 8004. No more than 20 percent of the appro5 priations in this Act which are limited for obligation dur6 ing the current fiscal year shall be obligated during the 

7 last 2 months of the fiscal year: Provided, That this sec8 tion shall not apply to obligations for support of active 

9 duty training of reserve components or summer camp 

10 training of the Reserve Officers’ Training Corps. 

11 (TRANSFER OF FUNDS)

12 SEC. 8005. Upon determination by the Secretary of 

13 Defense that such action is necessary in the national inter14 est, he may, with the approval of the Office of Manage15 ment and Budget, transfer not to exceed $4,500,000,000 

16 of working capital funds of the Department of Defense 

17 or funds made available in this Act to the Department 

18 of Defense for military functions (except military con19 struction) between such appropriations or funds or any 

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

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

22 the appropriation or fund to which transferred: Provided, 

23 That such authority to transfer may not be used unless 

24 for higher priority items, based on unforeseen military re25 quirements, than those for which originally appropriated 

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1 and in no case where the item for which funds are re2 quested has been denied by the Congress: Provided further, 

3 That the Secretary of Defense shall notify the Congress 

4 promptly of all transfers made pursuant to this authority 

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

6 no part of the funds in this Act shall be available to pre7 pare or present a request to the Committees on Appropria8 tions for reprogramming of funds, unless for higher pri9 ority items, based on unforeseen military requirements, 

10 than those for which originally appropriated and in no 

11 case where the item for which reprogramming is requested 

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

13 a request for multiple reprogrammings of funds using au14 thority provided in this section shall be made prior to June 

15 30, 2016: Provided further, That transfers among military 

16 personnel appropriations shall not be taken into account 

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

18 may be transferred under this section. 

19 SEC. 8006. (a) With regard to the list of specific pro20 grams, projects, and activities (and the dollar amounts 

21 and adjustments to budget activities corresponding to 

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

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

24 in the explanatory statement regarding this Act, the obli25 gation and expenditure of amounts appropriated or otherDecember 16, 2015 (1:04 a.m.)
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1 wise made available in this Act for those programs, 

2 projects, and activities for which the amounts appro3 priated exceed the amounts requested are hereby required 

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

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

6 in the text of this Act. 

7 (b) Amounts specified in the referenced tables de8 scribed in subsection (a) shall not be treated as subdivi9 sions of appropriations for purposes of section 8005 of this 

10 Act: Provided, That section 8005 shall apply when trans11 fers of the amounts described in subsection (a) occur be12 tween appropriation accounts. 

13 SEC. 8007. (a) Not later than 60 days after enact14 ment of this Act, the Department of Defense shall submit 

15 a report to the congressional defense committees to estab16 lish the baseline for application of reprogramming and 

17 transfer authorities for fiscal year 2016: Provided, That 

18 the report shall include— 

19 (1) a table for each appropriation with a sepa20 rate column to display the President’s budget re21 quest, adjustments made by Congress, adjustments 

22 due to enacted rescissions, if appropriate, and the 

23 fiscal year enacted level; 

24 (2) a delineation in the table for each appro25 priation both by budget activity and program, 

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1 project, and activity as detailed in the Budget Ap2 pendix; and 

3 (3) an identification of items of special congres4 sional interest. 

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

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

7 reprogramming or transfer until the report identified in 

8 subsection (a) is submitted to the congressional defense 

9 committees, unless the Secretary of Defense certifies in 

10 writing to the congressional defense committees that such 

11 reprogramming or transfer is necessary as an emergency 

12 requirement: Provided, That this subsection shall not 

13 apply to transfers from the following appropriations ac14 counts: 

15 (1) ‘‘Environmental Restoration, Army’’; 

16 (2) ‘‘Environmental Restoration, Navy’’; 

17 (3) ‘‘Environmental Restoration, Air Force’’; 

18 (4) ‘‘Environmental Restoration, Defense19 wide’’; and 

20 (5) ‘‘Environmental Restoration, Formerly 

21 Used Defense Sites’’. 

22 (TRANSFER OF FUNDS)

23 SEC. 8008. During the current fiscal year, cash bal24 ances in working capital funds of the Department of De25 fense established pursuant to section 2208 of title 10, 

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1 United States Code, may be maintained in only such 

2 amounts as are necessary at any time for cash disburse3 ments to be made from such funds: Provided, That trans4 fers may be made between such funds: Provided further, 

5 That transfers may be made between working capital 

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

7 appropriation and the ‘‘Operation and Maintenance’’ ap8 propriation accounts in such amounts as may be deter9 mined by the Secretary of Defense, with the approval of 

10 the Office of Management and Budget, except that such 

11 transfers may not be made unless the Secretary of Defense 

12 has notified the Congress of the proposed transfer: Pro13 vided further, That except in amounts equal to the 

14 amounts appropriated to working capital funds in this Act, 

15 no obligations may be made against a working capital fund 

16 to procure or increase the value of war reserve material 

17 inventory, unless the Secretary of Defense has notified the 

18 Congress prior to any such obligation. 

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

20 be used to initiate a special access program without prior 

21 notification 30 calendar days in advance to the congres22 sional defense committees. 

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

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

25 employs economic order quantity procurement in excess of 

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1 $20,000,000 in any one year of the contract or that in2 cludes an unfunded contingent liability in excess of 

3 $20,000,000; or (2) a contract for advance procurement 

4 leading to a multiyear contract that employs economic 

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

6 any one year, unless the congressional defense committees 

7 have been notified at least 30 days in advance of the pro8 posed contract award: Provided, That no part of any ap9 propriation contained in this Act shall be available to ini10 tiate a multiyear contract for which the economic order 

11 quantity advance procurement is not funded at least to 

12 the limits of the Government’s liability: Provided further, 

13 That no part of any appropriation contained in this Act 

14 shall be available to initiate multiyear procurement con15 tracts for any systems or component thereof if the value 

16 of the multiyear contract would exceed $500,000,000 un17 less specifically provided in this Act: Provided further, 

18 That no multiyear procurement contract can be termi19 nated without 30-day prior notification to the congres20 sional defense committees: Provided further, That the exe21 cution of multiyear authority shall require the use of a 

22 present value analysis to determine lowest cost compared 

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

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

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1 contract executed after the date of the enactment of this 

2 Act unless in the case of any such contract— 

3 (1) the Secretary of Defense has submitted to 

4 Congress a budget request for full funding of units 

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

6 of a contract for procurement of aircraft, that in7 cludes, for any aircraft unit to be procured through 

8 the contract for which procurement funds are re9 quested in that budget request for production be10 yond advance procurement activities in the fiscal 

11 year covered by the budget, full funding of procure12 ment of such unit in that fiscal year; 

13 (2) cancellation provisions in the contract do 

14 not include consideration of recurring manufacturing 

15 costs of the contractor associated with the produc16 tion of unfunded units to be delivered under the con17 tract; 

18 (3) the contract provides that payments to the 

19 contractor under the contract shall not be made in 

20 advance of incurred costs on funded units; and 

21 (4) the contract does not provide for a price ad22 justment based on a failure to award a follow-on 

23 contract. 

24 SEC. 8011. Within the funds appropriated for the op25 eration and maintenance of the Armed Forces, funds are 

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1 hereby appropriated pursuant to section 401 of title 10, 

2 United States Code, for humanitarian and civic assistance 

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

4 Such funds may also be obligated for humanitarian and 

5 civic assistance costs incidental to authorized operations 

6 and pursuant to authority granted in section 401 of chap7 ter 20 of title 10, United States Code, and these obliga8 tions shall be reported as required by section 401(d) of 

9 title 10, United States Code: Provided, That funds avail10 able for operation and maintenance shall be available for 

11 providing humanitarian and similar assistance by using 

12 Civic Action Teams in the Trust Territories of the Pacific 

13 Islands and freely associated states of Micronesia, pursu14 ant to the Compact of Free Association as authorized by 

15 Public Law 99–239: Provided further, That upon a deter16 mination by the Secretary of the Army that such action 

17 is beneficial for graduate medical education programs con18 ducted at Army medical facilities located in Hawaii, the 

19 Secretary of the Army may authorize the provision of med20 ical services at such facilities and transportation to such 

21 facilities, on a nonreimbursable basis, for civilian patients 

22 from American Samoa, the Commonwealth of the North23 ern Mariana Islands, the Marshall Islands, the Federated 

24 States of Micronesia, Palau, and Guam. 

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

2 personnel of the Department of Defense may not be man3 aged on the basis of any end-strength, and the manage4 ment of such personnel during that fiscal year shall not 

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

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

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

8 (b) The fiscal year 2017 budget request for the De9 partment of Defense as well as all justification material 

10 and other documentation supporting the fiscal year 2017 

11 Department of Defense budget request shall be prepared 

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

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

14 year 2017. 

15 (c) As required by section 1107 of the National De16 fense Authorization Act for Fiscal Year 2014 (Public Law 

17 113–66; 10 U.S.C. 2358 note) civilian personnel at the 

18 Department of Army Science and Technology Reinvention 

19 Laboratories may not be managed on the basis of the 

20 Table of Distribution and Allowances, and the manage21 ment of the workforce strength shall be done in a manner 

22 consistent with the budget available with respect to such 

23 Laboratories. 

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

25 to military (civilian) technicians. 

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

2 Act shall be used in any way, directly or indirectly, to in3 fluence congressional action on any legislation or appro4 priation matters pending before the Congress. 

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

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

7 any member of the Army participating as a full-time stu8 dent and receiving benefits paid by the Secretary of Vet9 erans Affairs from the Department of Defense Education 

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

11 credited toward completion of a service commitment: Pro12 vided, That this section shall not apply to those members 

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

14 1987: Provided further, That this section applies only to 

15 active components of the Army. 

16 (TRANSFER OF FUNDS)

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

18 for the Department of Defense Pilot Mentor-Prote ́ge ́ Pro19 gram may be transferred to any other appropriation con20 tained in this Act solely for the purpose of implementing 

21 a Mentor-Prote ́ge ́ Program developmental assistance 

22 agreement pursuant to section 831 of the National De23 fense Authorization Act for Fiscal Year 1991 (Public Law 

24 101–510; 10 U.S.C. 2302 note), as amended, under the 

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1 authority of this provision or any other transfer authority 

2 contained in this Act. 

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

4 available for the purchase by the Department of Defense 

5 (and its departments and agencies) of welded shipboard 

6 anchor and mooring chain 4 inches in diameter and under 

7 unless the anchor and mooring chain are manufactured 

8 in the United States from components which are substan9 tially manufactured in the United States: Provided, That 

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

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

12 of chain and welding (including the forging and shot blast13 ing process): Provided further, That for the purpose of this 

14 section substantially all of the components of anchor and 

15 mooring chain shall be considered to be produced or manu16 factured in the United States if the aggregate cost of the 

17 components produced or manufactured in the United 

18 States exceeds the aggregate cost of the components pro19 duced or manufactured outside the United States: Pro20 vided further, That when adequate domestic supplies are 

21 not available to meet Department of Defense requirements 

22 on a timely basis, the Secretary of the service 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 that such an acquisition must be made 

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1 in order to acquire capability for national security pur2 poses. 

3 SEC. 8017. Of the amounts appropriated for ‘‘Work4 ing Capital Fund, Army’’, $145,000,000 shall be available 

5 to maintain competitive rates at the arsenals. 

6 SEC. 8018. None of the funds available to the De7 partment of Defense may be used to demilitarize or dis8 pose of M–1 Carbines, M–1 Garand rifles, M–14 rifles, 

9 .22 caliber rifles, .30 caliber rifles, or M–1911 pistols, or 

10 to demilitarize or destroy small arms ammunition or am11 munition components that are not otherwise prohibited 

12 from commercial sale under Federal law, unless the small 

13 arms ammunition or ammunition components are certified 

14 by the Secretary of the Army or designee as unserviceable 

15 or unsafe for further use. 

16 SEC. 8019. No more than $500,000 of the funds ap17 propriated or made available in this Act shall be used dur18 ing a single fiscal year for any single relocation of an orga19 nization, unit, activity or function of the Department of 

20 Defense into or within the National Capital Region: Pro21 vided, That the Secretary of Defense may waive this re22 striction on a case-by-case basis by certifying in writing 

23 to the congressional defense committees that such a relo24 cation is required in the best interest of the Government. 

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1 SEC. 8020. Of the funds made available in this Act, 

2 $15,000,000 shall be available for incentive payments au3 thorized by section 504 of the Indian Financing Act of 

4 1974 (25 U.S.C. 1544): Provided, That a prime contractor 

5 or a subcontractor at any tier that makes a subcontract 

6 award to any subcontractor or supplier as defined in sec7 tion 1544 of title 25, United States Code, or a small busi8 ness owned and controlled by an individual or individuals 

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

10 Code, shall be considered a contractor for the purposes 

11 of being allowed additional compensation under section 

12 504 of the Indian Financing Act of 1974 (25 U.S.C. 

13 1544) whenever the prime contract or subcontract amount 

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

15 appropriated by an Act making appropriations for the De16 partment of Defense with respect to any fiscal year: Pro17 vided further, That notwithstanding section 1906 of title 

18 41, United States Code, this section shall be applicable 

19 to any Department of Defense acquisition of supplies or 

20 services, including any contract and any subcontract at 

21 any tier for acquisition of commercial items produced or 

22 manufactured, in whole or in part, by any subcontractor 

23 or supplier defined in section 1544 of title 25, United 

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

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

2 of title 25, United States Code. 

3 SEC. 8021. Funds appropriated by this Act for the 

4 Defense Media Activity shall not be used for any national 

5 or international political or psychological activities. 

6 SEC. 8022. During the current fiscal year, the De7 partment of Defense is authorized to incur obligations of 

8 not to exceed $350,000,000 for purposes specified in sec9 tion 2350j(c) of title 10, United States Code, in anticipa10 tion of receipt of contributions, only from the Government 

11 of Kuwait, under that section: Provided, That, upon re12 ceipt, such contributions from the Government of Kuwait 

13 shall be credited to the appropriations or fund which in14 curred such obligations. 

15 SEC. 8023. (a) Of the funds made available in this 

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

17 Civil Air Patrol Corporation, of which— 

18 (1) $27,400,000 shall be available from ‘‘Oper19 ation and Maintenance, Air Force’’ to support Civil 

20 Air Patrol Corporation operation and maintenance, 

21 readiness, counter-drug activities, and drug demand 

22 reduction activities involving youth programs; 

23 (2) $10,400,000 shall be available from ‘‘Air24 craft Procurement, Air Force’’; and 

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1 (3) $1,700,000 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. 8024. (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 

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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. 8025. 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. 8026. 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. 8027. 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 inDecember 16, 2015 (1:04 a.m.)
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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. 8028. (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. 8029. 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. 8030. (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. 8031. 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. 8032. None of the funds made available by this 

4 Act may be used to— 

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

6 Senior Reserve Officers’ Training Corps program in 

7 accordance with Department of Defense Instruction 

8 Number 1215.08, dated June 26, 2006; or 

9 (2) close, downgrade from host to extension 

10 center, or place on probation a Senior Reserve Offi11 cers’ Training Corps program in accordance with the 

12 information paper of the Department of the Army 

13 titled ‘‘Army Senior Reserve Officers’ Training 

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

15 dated January 27, 2014. 

16 SEC. 8033. The Secretary of Defense shall issue reg17 ulations to prohibit the sale of any tobacco or tobacco18 related products in military resale outlets in the United 

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

20 most competitive price in the local community: Provided, 

21 That such regulations shall direct that the prices of to22 bacco or tobacco-related products in overseas military re23 tail outlets shall be within the range of prices established 

24 for military retail system stores located in the United 

25 States. 

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1 SEC. 8034. (a) During the current fiscal year, none 

2 of the appropriations or funds available to the Department 

3 of Defense Working Capital Funds shall be used for the 

4 purchase of an investment item for the purpose of acquir5 ing a new inventory item for sale or anticipated sale dur6 ing the current fiscal year or a subsequent fiscal year to 

7 customers of the Department of Defense Working Capital 

8 Funds if such an item would not have been chargeable 

9 to the Department of Defense Business Operations Fund 

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

11 investment item would be chargeable during the current 

12 fiscal year to appropriations made to the Department of 

13 Defense for procurement. 

14 (b) The fiscal year 2017 budget request for the De15 partment of Defense as well as all justification material 

16 and other documentation supporting the fiscal year 2017 

17 Department of Defense budget shall be prepared and sub18 mitted to the Congress on the basis that any equipment 

19 which was classified as an end item and funded in a pro20 curement appropriation contained in this Act shall be 

21 budgeted for in a proposed fiscal year 2017 procurement 

22 appropriation and not in the supply management business 

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

24 Defense Working Capital Funds. 

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1 SEC. 8035. None of the funds appropriated by this 

2 Act for programs of the Central Intelligence Agency shall 

3 remain available for obligation beyond the current fiscal 

4 year, except for funds appropriated for the Reserve for 

5 Contingencies, which shall remain available until Sep6 tember 30, 2017: Provided, That funds appropriated, 

7 transferred, or otherwise credited to the Central Intel8 ligence Agency Central Services Working Capital Fund 

9 during this or any prior or subsequent fiscal year shall 

10 remain available until expended: Provided further, That 

11 any funds appropriated or transferred to the Central Intel12 ligence Agency for advanced research and development ac13 quisition, for agent operations, and for covert action pro14 grams authorized by the President under section 503 of 

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

16 remain available until September 30, 2017. 

17 SEC. 8036. Notwithstanding any other provision of 

18 law, funds made available in this Act for the Defense In19 telligence Agency may be used for the design, develop20 ment, and deployment of General Defense Intelligence 

21 Program intelligence communications and intelligence in22 formation systems for the Services, the Unified and Speci23 fied Commands, and the component commands. 

24 SEC. 8037. Of the funds appropriated to the Depart25 ment of Defense under the heading ‘‘Operation and MainDecember 16, 2015 (1:04 a.m.)
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1 tenance, Defense-Wide’’, not less than $12,000,000 shall 

2 be made available only for the mitigation of environmental 

3 impacts, including training and technical assistance to 

4 tribes, related administrative support, the gathering of in5 formation, documenting of environmental damage, and de6 veloping a system for prioritization of mitigation and cost 

7 to complete estimates for mitigation, on Indian lands re8 sulting from Department of Defense activities. 

9 SEC. 8038. (a) None of the funds appropriated in this 

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

11 Defense unless the entity, in expending the funds, com12 plies with the Buy American Act. For purposes of this 

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

14 83 of title 41, United States Code. 

15 (b) If the Secretary of Defense determines that a per16 son has been convicted of intentionally affixing a label 

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

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

19 in America, the Secretary shall determine, in accordance 

20 with section 2410f of title 10, United States Code, wheth21 er the person should be debarred from contracting with 

22 the Department of Defense. 

23 (c) In the case of any equipment or products pur24 chased with appropriations provided under this Act, it is 

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1 ment of Defense, in expending the appropriation, purchase 

2 only American-made equipment and products, provided 

3 that American-made equipment and products are cost4 competitive, quality competitive, and available in a timely 

5 fashion. 

6 SEC. 8039. None of the funds appropriated by this 

7 Act and hereafter shall be available for a contract for stud8 ies, analysis, or consulting services entered into without 

9 competition on the basis of an unsolicited proposal unless 

10 the head of the activity responsible for the procurement 

11 determines— 

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

13 only one source is found fully qualified to perform 

14 the proposed work; 

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

16 unsolicited proposal which offers significant sci17 entific or technological promise, represents the prod18 uct of original thinking, and was submitted in con19 fidence by one source; or 

20 (3) the purpose of the contract is to take ad21 vantage of unique and significant industrial accom22 plishment by a specific concern, or to insure that a 

23 new product or idea of a specific concern is given fi24 nancial support: Provided, That this limitation shall 

25 not apply to contracts in an amount of less than 

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1 $25,000, contracts related to improvements of equip2 ment that is in development or production, or con3 tracts as to which a civilian official of the Depart4 ment of Defense, who has been confirmed by the 

5 Senate, determines that the award of such contract 

6 is in the interest of the national defense. 

7 SEC. 8040. (a) Except as provided in subsections (b) 

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

9 be used— 

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

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

12 Armed Forces or civilian employee of the depart13 ment who is transferred or reassigned from a head14 quarters activity if the member or employee’s place 

15 of duty remains at the location of that headquarters. 

16 (b) The Secretary of Defense or Secretary of a mili17 tary department may waive the limitations in subsection 

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

19 and certifies to the Committees on Appropriations of the 

20 House of Representatives and the Senate that the grant21 ing of the waiver will reduce the personnel requirements 

22 or the financial requirements of the department. 

23 (c) This section does not apply to— 

24 (1) field operating agencies funded within the 

25 National Intelligence Program; 

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1 (2) an Army field operating agency established 

2 to eliminate, mitigate, or counter the effects of im3 provised explosive devices, and, as determined by the 

4 Secretary of the Army, other similar threats; 

5 (3) an Army field operating agency established 

6 to improve the effectiveness and efficiencies of bio7 metric activities and to integrate common biometric 

8 technologies throughout the Department of Defense; 

9 or 

10 (4) an Air Force field operating agency estab11 lished to administer the Air Force Mortuary Affairs 

12 Program and Mortuary Operations for the Depart13 ment of Defense and authorized Federal entities. 

14 SEC. 8041. (a) None of the funds appropriated by 

15 this Act shall be available to convert to contractor per16 formance an activity or function of the Department of De17 fense that, on or after the date of the enactment of this 

18 Act, is performed by Department of Defense civilian em19 ployees unless— 

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

21 public-private competition that includes a most effi22 cient and cost effective organization plan developed 

23 by such activity or function; 

24 (2) the Competitive Sourcing Official deter25 mines that, over all performance periods stated in 

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1 the solicitation of offers for performance of the ac2 tivity or function, the cost of performance of the ac3 tivity or function by a contractor would be less costly 

4 to the Department of Defense by an amount that 

5 equals or exceeds the lesser of— 

6 (A) 10 percent of the most efficient organi7 zation’s personnel-related costs for performance 

8 of that activity or function by Federal employ9 ees; or 

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

11 (3) the contractor does not receive an advan12 tage for a proposal that would reduce costs for the 

13 Department of Defense by— 

14 (A) not making an employer-sponsored 

15 health insurance plan available to the workers 

16 who are to be employed in the performance of 

17 that activity or function under the contract; or 

18 (B) offering to such workers an employer19 sponsored health benefits plan that requires the 

20 employer to contribute less towards the pre21 mium or subscription share than the amount 

22 that is paid by the Department of Defense for 

23 health benefits for civilian employees under 

24 chapter 89 of title 5, United States Code. 

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

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

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

4 notwithstanding any administrative regulation, require5 ment, or policy to the contrary shall have full authority 

6 to enter into a contract for the performance of any com7 mercial or industrial type function of the Department of 

8 Defense that— 

9 (A) is included on the procurement list estab10 lished pursuant to section 2 of the Javits-Wagner11 O’Day Act (section 8503 of title 41, United States 

12 Code); 

13 (B) is planned to be converted to performance 

14 by a qualified nonprofit agency for the blind or by 

15 a qualified nonprofit agency for other severely handi16 capped individuals in accordance with that Act; or 

17 (C) is planned to be converted to performance 

18 by a qualified firm under at least 51 percent owner19 ship by an Indian tribe, as defined in section 4(e) 

20 of the Indian Self-Determination and Education As21 sistance Act (25 U.S.C. 450b(e)), or a Native Ha22 waiian Organization, as defined in section 8(a)(15) 

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

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

2 or contracts for depot maintenance as provided in sections 

3 2469 and 2474 of title 10, United States Code. 

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

5 Department of Defense under the authority provided by 

6 this section shall be credited toward any competitive or 

7 outsourcing goal, target, or measurement that may be es8 tablished by statute, regulation, or policy and is deemed 

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

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

11 States Code, for the competition or outsourcing of com12 mercial activities. 

13 (RESCISSIONS)

14 SEC. 8042. Of the funds appropriated in Department 

15 of Defense Appropriations Acts, the following funds are 

16 hereby rescinded from the following accounts and pro17 grams in the specified amounts: Provided, That no 

18 amounts may be rescinded from amounts that were des19 ignated by the Congress for Overseas Contingency Oper20 ations/Global War on Terrorism or as an emergency re21 quirement pursuant to the Concurrent Resolution on the 

22 Budget or the Balanced Budget and Emergency Deficit 

23 Control Act of 1985, as amended: 

24 ‘‘Cooperative Threat Reduction Account’’, 

25 2014/2016, $15,000,000; 

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1 ‘‘Aircraft Procurement, Army’’, 2014/2016, 

2 $9,295,000; 

3 ‘‘Other Procurement, Army’’, 2014/2016, 

4 $40,000,000; 

5 ‘‘Aircraft Procurement, Navy’’, 2014/2016, 

6 $53,415,000; 

7 ‘‘Weapons Procurement, Navy’’, 2014/2016, 

8 $888,000; 

9 ‘‘Aircraft Procurement, Air Force’’, 2014/2016, 

10 $2,300,000; 

11 ‘‘Procurement of Ammunition, Air Force’’, 

12 2014/2016, $6,300,000; 

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

14 $90,000,000; 

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

16 $25,000,000; 

17 ‘‘Procurement of Weapons and Tracked Combat 

18 Vehicles, Army’’, 2015/2017, $7,500,000; 

19 ‘‘Other Procurement, Army’’, 2015/2017, 

20 $30,000,000; 

21 ‘‘Aircraft Procurement, Navy’’, 2015/2017, 

22 $11,702,000; 

23 ‘‘Weapons Procurement, Navy’’, 2015/2017, 

24 $15,422,000; 

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1 ‘‘Procurement of Ammunition, Navy and Ma2 rine Corps’’, 2015/2017, $8,906,000; 

3 ‘‘Procurement, Marine Corps’’, 2015/2017, 

4 $66,477,000; 

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

6 $199,046,000; 

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

8 $212,000,000; 

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

10 $17,000,000; 

11 ‘‘Research, Development, Test and Evaluation, 

12 Army’’, 2015/2016, $9,299,000; 

13 ‘‘Research, Development, Test and Evaluation, 

14 Navy’’, 2015/2016, $228,387,000; 

15 ‘‘Research, Development, Test and Evaluation, 

16 Air Force’’, 2015/2016, $718,500,000; and 

17 ‘‘Research, Development, Test and Evaluation, 

18 Defense-Wide’’, 2015/2016, $2,500,000. 

19 SEC. 8043. None of the funds available in this Act 

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

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

23 Reserve for the purpose of applying any administratively 

24 imposed civilian personnel ceiling, freeze, or reduction on 

25 military technicians (dual status), unless such reductions 

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1 are a direct result of a reduction in military force struc2 ture. 

3 SEC. 8044. None of the funds appropriated or other4 wise made available in this Act may be obligated or ex5 pended for assistance to the Democratic People’s Republic 

6 of Korea unless specifically appropriated for that purpose. 

7 SEC. 8045. Funds appropriated in this Act for oper8 ation and maintenance of the Military Departments, Com9 batant Commands and Defense Agencies shall be available 

10 for reimbursement of pay, allowances and other expenses 

11 which would otherwise be incurred against appropriations 

12 for the National Guard and Reserve when members of the 

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

15 Agencies and Joint Intelligence Activities, including the 

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

18 Provided, That nothing in this section authorizes deviation 

19 from established Reserve and National Guard personnel 

20 and training procedures. 

21 SEC. 8046. (a) None of the funds available to the 

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

24 any other department or agency of the United States ex25 cept as specifically provided in an appropriations law. 

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1 (b) None of the funds available to the Central Intel2 ligence Agency for any fiscal year for drug interdiction or 

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

6 SEC. 8047. None of the funds appropriated by this 

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

8 bearings other than those produced by a domestic source 

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

10 the military department responsible for such procurement 

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

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

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

18 That this restriction shall not apply to the purchase of 

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

20 United States Code, except that the restriction shall apply 

21 to ball or roller bearings purchased as end items. 

22 SEC. 8048. None of the funds made available by this 

23 Act for Evolved Expendable Launch Vehicle service com24 petitive procurements may be used unless the competitive 

25 procurements are open for award to all certified providers 

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1 of Evolved Expendable Launch Vehicle-class systems: Pro2 vided, That the award shall be made to the provider that 

3 offers the best value to the government: Provided further, 

4 That notwithstanding any other provision of law, award 

5 may be made to a launch service provider competing with 

6 any certified launch vehicle in its inventory regardless of 

7 the country of origin of the rocket engine that will be used 

8 on its launch vehicle, in order to ensure robust competition 

9 and continued assured access to space. 

10 SEC. 8049. In addition to the amounts appropriated 

11 or otherwise made available elsewhere in this Act, 

12 $44,000,000 is hereby appropriated to the Department of 

13 Defense: Provided, That upon the determination of the 

14 Secretary of Defense that it shall serve the national inter15 est, the Secretary shall make grants in the amounts speci16 fied as follows: $20,000,000 to the United Service Organi17 zations and $24,000,000 to the Red Cross. 

18 SEC. 8050. None of the funds in this Act may be 

19 used to purchase any supercomputer which is not manu20 factured in the United States, unless the Secretary of De21 fense certifies to the congressional defense committees 

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

23 capability for national security purposes that is not avail24 able from United States manufacturers. 

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1 SEC. 8051. Notwithstanding any other provision in 

2 this Act, the Small Business Innovation Research program 

3 and the Small Business Technology Transfer program set4 asides shall be taken proportionally from all programs, 

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

6 extramural budget. 

7 SEC. 8052. None of the funds available to the De8 partment of Defense under this Act shall be obligated or 

9 expended to pay a contractor under a contract with the 

10 Department of Defense for costs of any amount paid by 

11 the contractor to an employee when— 

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

13 excess of the normal salary paid by the contractor 

14 to the employee; and 

15 (2) such bonus is part of restructuring costs as16 sociated with a business combination. 

17 (INCLUDING TRANSFER OF FUNDS)

18 SEC. 8053. During the current fiscal year, no more 

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

20 under the heading ‘‘Operation and Maintenance, Defense21 Wide’’ may be transferred to appropriations available for 

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

23 be available for the same time period as the appropriations 

24 to which transferred, to be used in support of such per25 sonnel in connection with support and services for eligible 

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1 organizations and activities outside the Department of De2 fense pursuant to section 2012 of title 10, United States 

3 Code. 

4 SEC. 8054. During the current fiscal year, in the case 

5 of an appropriation account of the Department of Defense 

6 for which the period of availability for obligation has ex7 pired or which has closed under the provisions of section 

8 1552 of title 31, United States Code, and which has a 

9 negative unliquidated or unexpended balance, an obliga10 tion or an adjustment of an obligation may be charged 

11 to any current appropriation account for the same purpose 

12 as the expired or closed account if— 

13 (1) the obligation would have been properly 

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

15 closed account before the end of the period of avail16 ability or closing of that account; 

17 (2) the obligation is not otherwise properly 

18 chargeable to any current appropriation account of 

19 the Department of Defense; and 

20 (3) in the case of an expired account, the obli21 gation is not chargeable to a current appropriation 

22 of the Department of Defense under the provisions 

23 of section 1405(b)(8) of the National Defense Au24 thorization Act for Fiscal Year 1991, Public Law 

25 101–510, as amended (31 U.S.C. 1551 note): ProDecember 16, 2015 (1:04 a.m.)
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1 vided, That in the case of an expired account, if sub2 sequent review or investigation discloses that there 

3 was not in fact a negative unliquidated or unex4 pended balance in the account, any charge to a cur5 rent account under the authority of this section shall 

6 be reversed and recorded against the expired ac7 count: Provided further, That the total amount 

8 charged to a current appropriation under this sec9 tion may not exceed an amount equal to 1 percent 

10 of the total appropriation for that account. 

11 SEC. 8055. (a) Notwithstanding any other provision 

12 of law, the Chief of the National Guard Bureau may per13 mit the use of equipment of the National Guard Distance 

14 Learning Project by any person or entity on a space-avail15 able, reimbursable basis. The Chief of the National Guard 

16 Bureau shall establish the amount of reimbursement for 

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

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

19 credited to funds available for the National Guard Dis20 tance Learning Project and be available to defray the costs 

21 associated with the use of equipment of the project under 

22 that subsection. Such funds shall be available for such 

23 purposes without fiscal year limitation. 

24 SEC. 8056. None of the funds available to the De25 partment of Defense may be obligated to modify command 

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1 and control relationships to give Fleet Forces Command 

2 operational and administrative control of United States 

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

4 the command and control relationships which existed on 

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

6 specifically authorized in a subsequent Act: Provided fur7 ther, That this section does not apply to administrative 

8 control of Navy Air and Missile Defense Command. 

9 (INCLUDING TRANSFER OF FUNDS)

10 SEC. 8057. Of the funds appropriated in this Act 

11 under the heading ‘‘Operation and Maintenance, Defense12 wide’’, $25,000,000 shall be for continued implementation 

13 and expansion of the Sexual Assault Special Victims’ 

14 Counsel Program: Provided, That the funds are made 

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

16 Department of the Navy, and the Department of the Air 

17 Force: Provided further, That funds transferred shall be 

18 merged with and available for the same purposes and for 

19 the same time period as the appropriations to which the 

20 funds are transferred: Provided further, That this transfer 

21 authority is in addition to any other transfer authority 

22 provided in this Act. 

23 SEC. 8058. None of the funds appropriated in title 

24 IV of this Act may be used to procure end-items for deliv25 ery to military forces for operational training, operational 

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1 use or inventory requirements: Provided, That this restric2 tion does not apply to end-items used in development, 

3 prototyping, and test activities preceding and leading to 

4 acceptance for operational use: Provided further, That this 

5 restriction does not apply to programs funded within the 

6 National Intelligence Program: Provided further, That the 

7 Secretary of Defense may waive this restriction on a case8 by-case basis by certifying in writing to the Committees 

9 on Appropriations of the House of Representatives and the 

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

11 so. 

12 SEC. 8059. (a) The Secretary of Defense may, on a 

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

14 each limitation on the procurement of defense items from 

15 foreign sources provided in law if the Secretary determines 

16 that the application of the limitation with respect to that 

17 country would invalidate cooperative programs entered 

18 into between the Department of Defense and the foreign 

19 country, or would invalidate reciprocal trade agreements 

20 for the procurement of defense items entered into under 

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

22 country does not discriminate against the same or similar 

23 defense items produced in the United States for that coun24 try. 

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

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1 (1) contracts and subcontracts entered into on 

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

3 (2) options for the procurement of items that 

4 are exercised after such date under contracts that 

5 are entered into before such date if the option prices 

6 are adjusted for any reason other than the applica7 tion of a waiver granted under subsection (a). 

8 (c) Subsection (a) does not apply to a limitation re9 garding construction of public vessels, ball and roller bear10 ings, food, and clothing or textile materials as defined by 

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

12 Schedule of the United States and products classified 

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

14 6505, 7019, 7218 through 7229, 7304.41 through 

15 7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109, 

16 8211, 8215, and 9404. 

17 SEC. 8060. Notwithstanding any other provision of 

18 law, none of the funds appropriated or otherwise made 

19 available by this or any other Act may be used to consoli20 date or relocate any element of a United States Air Force 

21 Rapid Engineer Deployable Heavy Operational Repair 

22 Squadron Engineer (RED HORSE) outside of the United 

23 States until the Secretary of the Air Force— 

24 (1) completes an analysis and comparison of 

25 the cost and infrastructure investment required to 

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1 consolidate or relocate a RED HORSE squadron 

2 outside of the United States versus within the 

3 United States; 

4 (2) provides to the congressional defense com5 mittees a report detailing the findings of the cost 

6 analysis; and 

7 (3) certifies in writing to the congressional de8 fense committees that the preferred site for the con9 solidation or relocation yields the greatest savings 

10 for the Air Force: 

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

12 does not include any territory or possession of the United 

13 States. 

14 SEC. 8061. None of the funds appropriated or other15 wise made available by this or other Department of De16 fense Appropriations Acts may be obligated or expended 

17 for the purpose of performing repairs or maintenance to 

18 military family housing units of the Department of De19 fense, including areas in such military family housing 

20 units that may be used for the purpose of conducting offi21 cial Department of Defense business. 

22 SEC. 8062. Notwithstanding any other provision of 

23 law, funds appropriated in this Act under the heading 

24 ‘‘Research, Development, Test and Evaluation, Defense25 Wide’’ for any new start advanced concept technology 

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1 demonstration project or joint capability demonstration 

2 project may only be obligated 45 days after a report, in3 cluding a description of the project, the planned acquisi4 tion and transition strategy and its estimated annual and 

5 total cost, has been provided in writing to the congres6 sional defense committees: Provided, That the Secretary 

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

8 basis by certifying to the congressional defense committees 

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

10 SEC. 8063. The Secretary of Defense shall continue 

11 to provide a classified quarterly report to the House and 

12 Senate Appropriations Committees, Subcommittees on 

13 Defense on certain matters as directed in the classified 

14 annex accompanying this Act. 

15 SEC. 8064. Notwithstanding section 12310(b) of title 

16 10, United States Code, a Reserve who is a member of 

17 the National Guard serving on full-time National Guard 

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

19 may perform duties in support of the ground-based ele20 ments of the National Ballistic Missile Defense System. 

21 SEC. 8065. None of the funds provided in this Act 

22 may be used to transfer to any nongovernmental entity 

23 ammunition held by the Department of Defense that has 

24 a center-fire cartridge and a United States military no25 menclature designation of ‘‘armor penetrator’’, ‘‘armor 

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

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

3 entity performing demilitarization services for the Depart4 ment of Defense under a contract that requires the entity 

5 to demonstrate to the satisfaction of the Department of 

6 Defense that armor piercing projectiles are either: (1) ren7 dered incapable of reuse by the demilitarization process; 

8 or (2) used to manufacture ammunition pursuant to a con9 tract with the Department of Defense or the manufacture 

10 of ammunition for export pursuant to a License for Per11 manent Export of Unclassified Military Articles issued by 

12 the Department of State. 

13 SEC. 8066. Notwithstanding any other provision of 

14 law, the Chief of the National Guard Bureau, or his des15 ignee, may waive payment of all or part of the consider16 ation that otherwise would be required under section 2667 

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

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

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

20 United States Code, or any other youth, social, or fra21 ternal nonprofit organization as may be approved by the 

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

23 a case-by-case basis. 

24 SEC. 8067. None of the funds appropriated by this 

25 Act shall be used for the support of any nonappropriated 

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1 funds activity of the Department of Defense that procures 

2 malt beverages and wine with nonappropriated funds for 

3 resale (including such alcoholic beverages sold by the 

4 drink) on a military installation located in the United 

5 States unless such malt beverages and wine are procured 

6 within that State, or in the case of the District of Colum7 bia, within the District of Columbia, in which the military 

8 installation is located: Provided, That, in a case in which 

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

10 purchases may be made in any State in which the installa11 tion is located: Provided further, That such local procure12 ment requirements for malt beverages and wine shall 

13 apply to all alcoholic beverages only for military installa14 tions in States which are not contiguous with another 

15 State: Provided further, That alcoholic beverages other 

16 than wine and malt beverages, in contiguous States and 

17 the District of Columbia shall be procured from the most 

18 competitive source, price and other factors considered. 

19 (INCLUDING TRANSFER OF FUNDS)

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

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

22 $76,611,750 shall remain available until expended: Pro23 vided, That, notwithstanding any other provision of law, 

24 the Secretary of Defense is authorized to transfer such 

25 funds to other activities of the Federal Government: ProDecember 16, 2015 (1:04 a.m.)
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1 vided further, That the Secretary of Defense is authorized 

2 to enter into and carry out contracts for the acquisition 

3 of real property, construction, personal services, and oper4 ations related to projects carrying out the purposes of this 

5 section: Provided further, That contracts entered into 

6 under the authority of this section may provide for such 

7 indemnification as the Secretary determines to be nec8 essary: Provided further, That projects authorized by this 

9 section shall comply with applicable Federal, State, and 

10 local law to the maximum extent consistent with the na11 tional security, as determined by the Secretary of Defense. 

12 SEC. 8069. (a) None of the funds appropriated in this 

13 or any other Act may be used to take any action to mod14 ify— 

15 (1) the appropriations account structure for the 

16 National Intelligence Program budget, including 

17 through the creation of a new appropriation or new 

18 appropriation account; 

19 (2) how the National Intelligence Program 

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

21 R–1, and O–1 documents supporting the Depart22 ment of Defense budget request; 

23 (3) the process by which the National Intel24 ligence Program appropriations are apportioned to 

25 the executing agencies; or 

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1 (4) the process by which the National Intel2 ligence Program appropriations are allotted, obli3 gated and disbursed. 

4 (b) Nothing in section (a) shall be construed to pro5 hibit the merger of programs or changes to the National 

6 Intelligence Program budget at or below the Expenditure 

7 Center level, provided such change is otherwise in accord8 ance with paragraphs (a)(1)–(3). 

9 (c) The Director of National Intelligence and the Sec10 retary of Defense may jointly, only for the purposes of 

11 achieving auditable financial statements and improving 

12 fiscal reporting, study and develop detailed proposals for 

13 alternative financial management processes. Such study 

14 shall include a comprehensive counterintelligence risk as15 sessment to ensure that none of the alternative processes 

16 will adversely affect counterintelligence. 

17 (d) Upon development of the detailed proposals de18 fined under subsection (c), the Director of National Intel19 ligence and the Secretary of Defense shall— 

20 (1) provide the proposed alternatives to all af21 fected agencies; 

22 (2) receive certification from all affected agen23 cies attesting that the proposed alternatives will help 

24 achieve auditability, improve fiscal reporting, and 

25 will not adversely affect counterintelligence; and 

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

2 necessary certifications under paragraph (2), present 

3 the proposed alternatives and certifications to the 

4 congressional defense and intelligence committees. 

5 (e) This section shall not be construed to alter or af6 fect the application of section 1633 of the National De7 fense Authorization Act for Fiscal Year 2016 to the 

8 amounts made available by this Act. 

9 SEC. 8070. In addition to amounts provided else10 where in this Act, $5,000,000 is hereby appropriated to 

11 the Department of Defense, to remain available for obliga12 tion until expended: Provided, That notwithstanding any 

13 other provision of law, that upon the determination of the 

14 Secretary of Defense that it shall serve the national inter15 est, these funds shall be available only for a grant to the 

16 Fisher House Foundation, Inc., only for the construction 

17 and furnishing of additional Fisher Houses to meet the 

18 needs of military family members when confronted with 

19 the illness or hospitalization of an eligible military bene20 ficiary. 

21 (INCLUDING TRANSFER OF FUNDS)

22 SEC. 8071. Of the amounts appropriated in this Act 

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

24 ‘‘Research, Development, Test and Evaluation, Defense25 Wide’’, $487,595,000 shall be for the Israeli Cooperative 

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

2 shall be for the Secretary of Defense to provide to the Gov3 ernment of Israel for the procurement of the Iron Dome 

4 defense system to counter short-range rocket threats, sub5 ject to the U.S.-Israel Iron Dome Procurement Agree6 ment, as amended; $286,526,000 shall be for the Short 

7 Range Ballistic Missile Defense (SRBMD) program, in8 cluding cruise missile defense research and development 

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

10 be for production activities of SRBMD missiles in the 

11 United States and in Israel to meet Israel’s defense re12 quirements consistent with each nation’s laws, regulations, 

13 and procedures, of which not more than $90,000,000, sub14 ject to previously established transfer procedures, may be 

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

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

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

18 Architecture, of which not more than $15,000,000, subject 

19 to previously established transfer procedures, may be obli20 gated or expended until establishment of a U.S.-Israeli 

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

22 Arrow System Improvement Program including develop23 ment of a long range, ground and airborne, detection 

24 suite: Provided further, That funds made available under 

25 this provision for production of missiles and missile comDecember 16, 2015 (1:04 a.m.)
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1 ponents may be transferred to appropriations available for 

2 the procurement of weapons and equipment, to be merged 

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

4 same purposes as the appropriation to which transferred: 

5 Provided further, That the transfer authority provided 

6 under this provision is in addition to any other transfer 

7 authority contained in this Act. 

8 (INCLUDING TRANSFER OF FUNDS)

9 SEC. 8072. Of the amounts appropriated in this Act 

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

11 $389,305,000 shall be available until September 30, 2016, 

12 to fund prior year shipbuilding cost increases: Provided, 

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

14 Navy shall transfer funds to the following appropriations 

15 in the amounts specified: Provided further, That the 

16 amounts transferred shall be merged with and be available 

17 for the same purposes as the appropriations to which 

18 transferred to: 

19 (1) Under the heading ‘‘Shipbuilding and Con20 version, Navy’’, 2008/2016: Carrier Replacement 

21 Program $123,760,000; 

22 (2) Under the heading ‘‘Shipbuilding and Con23 version, Navy’’, 2009/2016: LPD–17 Amphibious 

24 Transport Dock Program $22,860,000; 

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1 (3) Under the heading ‘‘Shipbuilding and Con2 version, Navy’’, 2012/2016: CVN Refueling Over3 hauls Program $20,029,000; 

4 (4) Under the heading ‘‘Shipbuilding and Con5 version, Navy’’, 2012/2016: DDG–51 Destroyer 

6 $75,014,000; 

7 (5) Under the heading ‘‘Shipbuilding and Con8 version, Navy’’, 2012/2016: Littoral Combat Ship 

9 $82,674,000; 

10 (6) Under the heading ‘‘Shipbuilding and Con11 version, Navy’’, 2012/2016: LPD–17 Amphibious 

12 Transport Dock Program $38,733,000; 

13 (7) Under the heading ‘‘Shipbuilding and Con14 version, Navy’’, 2012/2016: Joint High Speed Vessel 

15 $22,597,000; and 

16 (8) Under the heading ‘‘Shipbuilding and Con17 version, Navy’’, 2013/2016: Joint High Speed Vessel 

18 $3,638,000. 

19 SEC. 8073. Funds appropriated by this Act, or made 

20 available by the transfer of funds in this Act, for intel21 ligence activities are deemed to be specifically authorized 

22 by the Congress for purposes of section 504 of the Na23 tional Security Act of 1947 (50 U.S.C. 3094) during fiscal 

24 year 2016 until the enactment of the Intelligence Author25 ization Act for Fiscal Year 2016. 

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1 SEC. 8074. None of the funds provided in this Act 

2 shall be available for obligation or expenditure through a 

3 reprogramming of funds that creates or initiates a new 

4 program, project, or activity unless such program, project, 

5 or activity must be undertaken immediately in the interest 

6 of national security and only after written prior notifica7 tion to the congressional defense committees. 

8 SEC. 8075. The budget of the President for fiscal 

9 year 2017 submitted to the Congress pursuant to section 

10 1105 of title 31, United States Code, shall include sepa11 rate budget justification documents for costs of United 

12 States Armed Forces’ participation in contingency oper13 ations for the Military Personnel accounts, the Operation 

14 and Maintenance accounts, the Procurement accounts, 

15 and the Research, Development, Test and Evaluation ac16 counts: Provided, That these documents shall include a de17 scription of the funding requested for each contingency op18 eration, for each military service, to include all Active and 

19 Reserve components, and for each appropriations account: 

20 Provided further, That these documents shall include esti21 mated costs for each element of expense or object class, 

22 a reconciliation of increases and decreases for each contin23 gency operation, and programmatic data including, but 

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

25 component, and estimates of the major weapons systems 

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1 deployed in support of each contingency: Provided further, 

2 That these documents shall include budget exhibits OP– 

3 5 and OP–32 (as defined in the Department of Defense 

4 Financial Management Regulation) for all contingency op5 erations for the budget year and the two preceding fiscal 

6 years. 

7 SEC. 8076. None of the funds in this Act may be 

8 used for research, development, test, evaluation, procure9 ment or deployment of nuclear armed interceptors of a 

10 missile defense system. 

11 SEC. 8077. Notwithstanding any other provision of 

12 this Act, to reflect savings due to favorable foreign ex13 change rates, the total amount appropriated in this Act 

14 is hereby reduced by $1,500,789,000. 

15 SEC. 8078. None of the funds appropriated or made 

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

17 the operation of the 53rd Weather Reconnaissance Squad18 ron of the Air Force Reserve, if such action would reduce 

19 the WC–130 Weather Reconnaissance mission below the 

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

21 shall allow the 53rd Weather Reconnaissance Squadron to 

22 perform other missions in support of national defense re23 quirements during the non-hurricane season. 

24 SEC. 8079. None of the funds provided in this Act 

25 shall be available for integration of foreign intelligence inDecember 16, 2015 (1:04 a.m.)
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1 formation unless the information has been lawfully col2 lected and processed during the conduct of authorized for3 eign intelligence activities: Provided, That information 

4 pertaining to United States persons shall only be handled 

5 in accordance with protections provided in the Fourth 

6 Amendment of the United States Constitution as imple7 mented through Executive Order No. 12333. 

8 (INCLUDING TRANSFER OF FUNDS)

9 SEC. 8080. The Secretary of Defense may transfer 

10 funds from any available Department of the Navy appro11 priation to any available Navy ship construction appro12 priation for the purpose of liquidating necessary changes 

13 resulting from inflation, market fluctuations, or rate ad14 justments for any ship construction program appropriated 

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

16 exceed $20,000,000 under the authority provided by this 

17 section: Provided further, That the Secretary may not 

18 transfer any funds until 30 days after the proposed trans19 fer has been reported to the Committees on Appropria20 tions of the House of Representatives and the Senate, un21 less a response from the Committees is received sooner: 

22 Provided further, That any funds transferred pursuant to 

23 this section shall retain the same period of availability as 

24 when originally appropriated: Provided further, That the 

25 transfer authority provided by this section is in addition 

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1 to any other transfer authority contained elsewhere in this 

2 Act. 

3 SEC. 8081. (a) None of the funds appropriated by 

4 this Act may be used to transfer research and develop5 ment, acquisition, or other program authority relating to 

6 current tactical unmanned aerial vehicles (TUAVs) from 

7 the Army. 

8 (b) The Army shall retain responsibility for and oper9 ational control of the MQ–1C Gray Eagle Unmanned Aer10 ial Vehicle (UAV) in order to support the Secretary of De11 fense in matters relating to the employment of unmanned 

12 aerial vehicles. 

13 SEC. 8082. Up to $15,000,000 of the funds appro14 priated under the heading ‘‘Operation and Maintenance, 

15 Navy’’ may be made available for the Asia Pacific Re16 gional Initiative Program for the purpose of enabling the 

17 Pacific Command to execute Theater Security Cooperation 

18 activities such as humanitarian assistance, and payment 

19 of incremental and personnel costs of training and exer20 cising with foreign security forces: Provided, That funds 

21 made available for this purpose may be used, notwith22 standing any other funding authorities for humanitarian 

23 assistance, security assistance or combined exercise ex24 penses: Provided further, That funds may not be obligated 

25 to provide assistance to any foreign country that is otherDecember 16, 2015 (1:04 a.m.)
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1 wise prohibited from receiving such type of assistance 

2 under any other provision of law. 

3 SEC. 8083. None of the funds appropriated by this 

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

5 Intelligence shall remain available for obligation beyond 

6 the current fiscal year, except for funds appropriated for 

7 research and technology, which shall remain available until 

8 September 30, 2017. 

9 SEC. 8084. For purposes of section 1553(b) of title 

10 31, United States Code, any subdivision of appropriations 

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

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

13 purpose as any subdivision under the heading ‘‘Ship14 building and Conversion, Navy’’ appropriations in any 

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

16 to the total amount of the appropriation. 

17 SEC. 8085. (a) Not later than 60 days after the date 

18 of enactment of this Act, the Director of National Intel19 ligence shall submit a report to the congressional intel20 ligence committees to establish the baseline for application 

21 of reprogramming and transfer authorities for fiscal year 

22 2016: Provided, That the report shall include— 

23 (1) a table for each appropriation with a sepa24 rate column to display the President’s budget re25 quest, adjustments made by Congress, adjustments 

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1 due to enacted rescissions, if appropriate, and the 

2 fiscal year enacted level; 

3 (2) a delineation in the table for each appro4 priation by Expenditure Center and project; and 

5 (3) an identification of items of special congres6 sional interest. 

7 (b) None of the funds provided for the National Intel8 ligence Program in this Act shall be available for re9 programming or transfer until the report identified in sub10 section (a) is submitted to the congressional intelligence 

11 committees, unless the Director of National Intelligence 

12 certifies in writing to the congressional intelligence com13 mittees that such reprogramming or transfer is necessary 

14 as an emergency requirement. 

15 SEC. 8086. None of the funds made available by this 

16 Act may be used to eliminate, restructure, or realign Army 

17 Contracting Command–New Jersey or make dispropor18 tionate personnel reductions at any Army Contracting 

19 Command–New Jersey sites without 30-day prior notifica20 tion to the congressional defense committees. 

21 SEC. 8087. None of the funds made available by this 

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

23 4B Global Hawk aircraft, or to disestablish or convert 

24 units associated with such aircraft. 

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1 SEC. 8088. None of the funds made available by this 

2 Act for excess defense articles, assistance under section 

3 1206 of the National Defense Authorization Act for Fiscal 

4 Year 2006 (Public Law 109–163; 119 Stat. 3456), or 

5 peacekeeping operations for the countries designated an6 nually to be in violation of the standards of the Child Sol7 diers Prevention Act of 2008 (Public Law 110–457; 22 

8 U.S.C. 2370c–1) may be used to support any military 

9 training or operation that includes child soldiers, as de10 fined by the Child Soldiers Prevention Act of 2008, unless 

11 such assistance is otherwise permitted under section 404 

12 of the Child Soldiers Prevention Act of 2008. 

13 (INCLUDING TRANSFER OF FUNDS)

14 SEC. 8089. 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. 8090. (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 

14 notified 30 days in advance of such reprogramming 

15 of funds; this notification period may be reduced for 

16 urgent national 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) of 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 reDecember 16, 2015 (1:04 a.m.)
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1 programming of funds; this notification period may be re2 duced for urgent national security requirements. 

3 SEC. 8091. 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. 8092. 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. 8093. 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. 8094. 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. 8095. 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. 8096. (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. 8097. (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. 8098. 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. 8099. Appropriations available to the Depart18 ment of Defense may be used for the purchase of heavy 

19 and light armored vehicles for the physical security of per20 sonnel or for force protection purposes up to a limit of 

21 $450,000 per vehicle, notwithstanding price or other limi22 tations applicable to the purchase of passenger carrying 

23 vehicles. 

24 SEC. 8100. None of the funds appropriated or other25 wise made available by this Act or any other Act may be 

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1 used by the Department of Defense or a component there2 of in contravention of the provisions of section 130h of 

3 title 10, United States Code (as added by section 1671 

4 of the National Defense Authorization Act for Fiscal Year 

5 2016). 

6 SEC. 8101. The Secretary of Defense shall report 

7 quarterly the numbers of civilian personnel end strength 

8 by appropriation account for each and every appropriation 

9 account used to finance Federal civilian personnel salaries 

10 to the congressional defense committees within 15 days 

11 after the end of each fiscal quarter. 

12 (INCLUDING TRANSFER OF FUNDS)

13 SEC. 8102. Upon a determination by the Director of 

14 National Intelligence that such action is necessary and in 

15 the national interest, the Director may, with the approval 

16 of the Office of Management and Budget, transfer not to 

17 exceed $1,500,000,000 of the funds made available in this 

18 Act for the National Intelligence Program: Provided, That 

19 such authority to transfer may not be used unless for 

20 higher priority items, based on unforeseen intelligence re21 quirements, than those for which originally appropriated 

22 and in no case where the item for which funds are re23 quested has been denied by the Congress: Provided further, 

24 That a request for multiple reprogrammings of funds 

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1 using authority provided in this section shall be made 

2 prior to June 30, 2016. 

3 SEC. 8103. None of the funds appropriated or other4 wise made available in this or any other Act may be used 

5 to transfer, release, or assist in the transfer or release to 

6 or within the United States, its territories, or possessions 

7 Khalid Sheikh Mohammed or any other detainee who— 

8 (1) is not a United States citizen or a member 

9 of the Armed Forces of the United States; and 

10 (2) is or was held on or after June 24, 2009, 

11 at United States Naval Station, Guanta ́namo Bay, 

12 Cuba, by the Department of Defense. 

13 SEC. 8104. (a) None of the funds appropriated or 

14 otherwise made available in this or any other Act may be 

15 used to construct, acquire, or modify any facility in the 

16 United States, its territories, or possessions to house any 

17 individual described in subsection (c) for the purposes of 

18 detention or imprisonment in the custody or under the ef19 fective control of the Department of Defense. 

20 (b) The prohibition in subsection (a) shall not apply 

21 to any modification of facilities at United States Naval 

22 Station, Guanta ́namo Bay, Cuba. 

23 (c) An individual described in this subsection is any 

24 individual who, as of June 24, 2009, is located at United 

25 States Naval Station, Guanta ́namo Bay, Cuba, and who— 

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1 (1) is not a citizen of the United States or a 

2 member of the Armed Forces of the United States; 

3 and 

4 (2) is— 

5 (A) in the custody or under the effective 

6 control of the Department of Defense; or 

7 (B) otherwise under detention at United 

8 States Naval Station, Guanta ́namo Bay, Cuba. 

9 SEC. 8105. None of the funds appropriated or other10 wise made available in this Act may be used to transfer 

11 any individual detained at United States Naval Station 

12 Guanta ́namo Bay, Cuba, to the custody or control of the 

13 individual’s country of origin, any other foreign country, 

14 or any other foreign entity except in accordance with sec15 tions 1033 and 1034 of the National Defense Authoriza16 tion Act for Fiscal Year 2016. 

17 SEC. 8106. None of the funds made available by this 

18 Act may be used in contravention of the War Powers Res19 olution (50 U.S.C. 1541 et seq.). 

20 (INCLUDING TRANSFER OF FUNDS)

21 SEC. 8107. Of the amounts appropriated for ‘‘Oper22 ation and Maintenance, Navy’’, up to $1,000,000 shall be 

23 available for transfer to the John C. Stennis Center for 

24 Public Service Development Trust Fund established under 

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1 section 116 of the John C. Stennis Center for Public Serv2 ice Training and Development Act (2 U.S.C. 1105). 

3 SEC. 8108. None of the funds made available by this 

4 Act may be used by the Department of Defense or any 

5 other Federal agency to lease or purchase new light duty 

6 vehicles, for any executive fleet, or for any agency’s fleet 

7 inventory, except in accordance with Presidential Memo8 randum-Federal Fleet Performance, dated May 24, 2011. 

9 SEC. 8109. (a) None of the funds appropriated or 

10 otherwise made available by this or any other Act may 

11 be used by the Secretary of Defense, or any other official 

12 or officer of the Department of Defense, to enter into a 

13 contract, memorandum of understanding, or cooperative 

14 agreement with, or make a grant to, or provide a loan 

15 or loan guarantee to Rosoboronexport or any subsidiary 

16 of Rosoboronexport. 

17 (b) The Secretary of Defense may waive the limita18 tion in subsection (a) if the Secretary, in consultation with 

19 the Secretary of State and the Director of National Intel20 ligence, determines that it is in the vital national security 

21 interest of the United States to do so, and certifies in writ22 ing to the congressional defense committees that, to the 

23 best of the Secretary’s knowledge: 

24 (1) Rosoboronexport has ceased the transfer of 

25 lethal military equipment to, and the maintenance of 

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1 existing lethal military equipment for, the Govern2 ment of the Syrian Arab Republic; 

3 (2) The armed forces of the Russian Federation 

4 have withdrawn from Crimea, other than armed 

5 forces present on military bases subject to agree6 ments in force between the Government of the Rus7 sian Federation and the Government of Ukraine; 

8 and 

9 (3) Agents of the Russian Federation have 

10 ceased taking active measures to destabilize the con11 trol of the Government of Ukraine over eastern 

12 Ukraine. 

13 (c) The Inspector General of the Department of De14 fense shall conduct a review of any action involving 

15 Rosoboronexport with respect to a waiver issued by the 

16 Secretary of Defense pursuant to subsection (b), and not 

17 later than 90 days after the date on which such a waiver 

18 is issued by the Secretary of Defense, the Inspector Gen19 eral shall submit to the congressional defense committees 

20 a report containing the results of the review conducted 

21 with respect to such waiver. 

22 SEC. 8110. None of the funds made available in this 

23 Act may be used for the purchase or manufacture of a 

24 flag of the United States unless such flags are treated as 

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1 covered items under section 2533a(b) of title 10, United 

2 States Code. 

3 SEC. 8111. (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 of De6 fense may prescribe, to local military commanders ap7 pointed by the Secretary, 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 

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1 ered an admission or acknowledgement 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. 8112. 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. 8113. The Secretary of Defense shall post grant 

17 awards on a public Web site in a searchable format. 

18 SEC. 8114. None of the funds made available by this 

19 Act may be used to realign forces at Lajes Air Force Base, 

20 Azores, Portugal, until the Secretary of Defense certifies 

21 to the congressional defense committees that the Secretary 

22 of Defense has determined, based on an analysis of oper23 ational requirements, that Lajes Air Force Base is not an 

24 optimal location for the Joint Intelligence Analysis Com25 plex. 

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1 SEC. 8115. None of the funds made available by this 

2 Act may be used to fund the performance of a flight dem3 onstration team at a location outside of the United States: 

4 Provided, That this prohibition applies only if a perform5 ance of a flight demonstration team at a location within 

6 the United States was canceled during the current fiscal 

7 year due to insufficient funding. 

8 SEC. 8116. None of the funds made available by this 

9 Act may be used by the National Security Agency to— 

10 (1) conduct an acquisition pursuant to section 

11 702 of the Foreign Intelligence Surveillance Act of 

12 1978 for the purpose of targeting a United States 

13 person; or 

14 (2) acquire, monitor, or store the contents (as 

15 such term is defined in section 2510(8) of title 18, 

16 United States Code) of any electronic communica17 tion of a United States person from a provider of 

18 electronic communication services to the public pur19 suant to section 501 of the Foreign Intelligence Sur20 veillance Act of 1978. 

21 (INCLUDING TRANSFER OF FUNDS)

22 SEC. 8117. In addition to amounts provided else23 where in this Act for basic allowance for housing for mili24 tary personnel, including active duty, reserve and National 

25 Guard personnel, $300,000,000 is hereby appropriated to 

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1 the Department of Defense and made available for trans2 fer only to military personnel accounts: Provided, That the 

3 transfer authority provided under this heading is in addi4 tion to any other transfer authority provided elsewhere in 

5 this Act. 

6 SEC. 8118. None of the funds made available by this 

7 Act may be obligated or expended to implement the Arms 

8 Trade Treaty until the Senate approves a resolution of 

9 ratification for the Treaty. 

10 SEC. 8119. None of the funds made available in this 

11 or any other Act may be used to pay the salary of any 

12 officer or employee of any agency funded by this Act who 

13 approves or implements the transfer of administrative re14 sponsibilities or budgetary resources of any program, 

15 project, or activity financed by this Act to the jurisdiction 

16 of another Federal agency not financed by this Act with17 out the express authorization of Congress: Provided, That 

18 this limitation shall not apply to transfers of funds ex19 pressly provided for in Defense Appropriations Acts, or 

20 provisions of Acts providing supplemental appropriations 

21 for the Department of Defense. 

22 SEC. 8120. None of the funds appropriated or other23 wise made available by this Act may be used in contraven24 tion of section 1054 of the National Defense Authorization 

25 Act for Fiscal Year 2016, regarding transfer of AH–64 

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1 Apache helicopters from the Army National Guard to reg2 ular Army. 

3 SEC. 8121. None of the funds made available in this 

4 Act may be obligated for activities authorized under sec5 tion 1208 of the Ronald W. Reagan National Defense Au6 thorization Act for Fiscal Year 2005 (Public Law 112– 

7 81; 125 Stat. 1621) to initiate support for, or expand sup8 port to, foreign forces, irregular forces, groups, or individ9 uals unless the congressional defense committees are noti10 fied in accordance with the direction contained in the clas11 sified annex accompanying this Act, not less than 15 days 

12 before initiating such support: Provided, That none of the 

13 funds made available in this Act may be used under sec14 tion 1208 for any activity that is not in support of an 

15 ongoing military operation being conducted by United 

16 States Special Operations Forces to combat terrorism: 

17 Provided further, That the Secretary of Defense may waive 

18 the prohibitions in this section if the Secretary determines 

19 that such waiver is required by extraordinary cir20 cumstances and, by not later than 72 hours after making 

21 such waiver, notifies the congressional defense committees 

22 of such waiver. 

23 SEC. 8122. None of the funds made available by this 

24 Act may be used with respect to Iraq in contravention of 

25 the War Powers Resolution (50 U.S.C. 1541 et seq.), inDecember 16, 2015 (1:04 a.m.)
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1 cluding for the introduction of United States armed forces 

2 into hostilities in Iraq, into situations in Iraq where immi3 nent involvement in hostilities is clearly indicated by the 

4 circumstances, or into Iraqi territory, airspace, or waters 

5 while equipped for combat, in contravention of the con6 gressional consultation and reporting requirements of sec7 tions 3 and 4 of such Resolution (50 U.S.C. 1542 and 

8 1543). 

9 SEC. 8123. None of the funds made available by this 

10 Act may be used to divest, retire, transfer, or place in stor11 age or on backup aircraft inventory status, or prepare to 

12 divest, retire, transfer, or place in storage or on backup 

13 aircraft inventory status, any A–10 aircraft, or to dis14 establish any units of the active or reserve component as15 sociated with such aircraft. 

16 SEC. 8124. 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 (Pub21 lic Law 113–101; 31 U.S.C. 6101 note) and to support 

22 the implementation of a uniform procurement instrument 

23 identifier as described in subpart 4.16 of Title 48, Code 

24 of Federal Regulations, to include changes in business 

25 processes, workforce, or information technology. 

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1 SEC. 8125. None of the funds provided in this Act 

2 for the T–AO(X) program shall be used to award a new 

3 contract that provides for the acquisition of the following 

4 components unless those components are manufactured in 

5 the United States: Auxiliary equipment (including pumps) 

6 for shipboard services; propulsion equipment (including 

7 engines, reduction gears, and propellers); shipboard 

8 cranes; and spreaders for shipboard cranes: Provided, 

9 That the Secretary of the military department responsible 

10 for such procurement may waive these restrictions on a 

11 case-by-case basis by certifying in writing to the Commit12 tees on Appropriations of the House of Representatives 

13 and the Senate that adequate domestic supplies are not 

14 available to meet Department of Defense requirements on 

15 a timely and cost competitive basis and that such an ac16 quisition must be made in order to acquire capability for 

17 national security purposes. 

18 SEC. 8126. The amounts appropriated in title II of 

19 this Act are hereby reduced by $389,000,000 to reflect 

20 excess cash balances in Department of Defense Working 

21 Capital Funds, as follows: 

22 (1) From ‘‘Operation and Maintenance, Army’’, 

23 $138,000,000; 

24 (2) From ‘‘Operation and Maintenance, Air 

25 Force’’, $251,000,000. 

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1 (RESCISSION)

2 SEC. 8127. Of the unobligated balances available to 

3 the Department of Defense, the following funds are per4 manently rescinded from the following accounts and pro5 grams in the specified amounts to reflect excess cash bal6 ances in Department of Defense Working Capital Funds: 

7 Provided, That no amounts may be rescinded from 

8 amounts that were designated by the Congress for Over9 seas Contingency Operations/Global War on Terrorism or 

10 as an emergency requirement pursuant to the Concurrent 

11 Resolution on the Budget or the Balanced Budget and 

12 Emergency Deficit Control Act of 1985, as amended: 

13 From ‘‘Defense Working Capital Fund, De14 fense, X’’, $1,037,000,000. 

15 SEC. 8128. Notwithstanding any other provision of 

16 this Act, to reflect savings due to lower than anticipated 

17 fuel costs, the total amount appropriated in title II of this 

18 Act is hereby reduced by $2,576,000,000. 

19 SEC. 8129. None of the funds made available by this 

20 Act may be used to divest or retire, or to prepare to divest 

21 or retire, KC–10 aircraft. 

22 SEC. 8130. None of the funds made available by this 

23 Act may be used to divest, retire, transfer, or place in stor24 age or on backup aircraft inventory status, or prepare to 

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1 divest, retire, transfer, or place in storage or on backup 

2 aircraft inventory status, any EC–130H aircraft. 

3 SEC. 8131. None of the funds made available by this 

4 Act may be used for Government Travel Charge Card ex5 penses by military or civilian personnel of the Department 

6 of Defense for gaming, or for entertainment that includes 

7 topless or nude entertainers or participants, as prohibited 

8 by Department of Defense FMR, Volume 9, Chapter 3 

9 and Department of Defense Instruction 1015.10 (enclo10 sure 3, 14a and 14b). 

11 SEC. 8132. None of the funds made available by this 

12 Act may be used to propose, plan for, or execute a new 

13 or additional Base Realignment and Closure (BRAC) 

14 round. 

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1 TITLE IX 

2 OVERSEAS CONTINGENCY OPERATIONS/GLOBAL 

3 WAR ON TERRORISM 

4 MILITARY PERSONNEL 

5 MILITARY PERSONNEL, ARMY

6 For an additional amount for ‘‘Military Personnel, 

7 Army’’, $1,846,356,000: Provided, That such amount is 

8 designated by the Congress for Overseas Contingency Op9 erations/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 MILITARY PERSONNEL, NAVY

13 For an additional amount for ‘‘Military Personnel, 

14 Navy’’, $251,011,000: 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 MILITARY PERSONNEL, MARINE CORPS

20 For an additional amount for ‘‘Military Personnel, 

21 Marine Corps’’, $171,079,000: Provided, That such 

22 amount is designated by the Congress for Overseas Con23 tingency Operations/Global War on Terrorism pursuant to 

24 section 251(b)(2)(A)(ii) of the Balanced Budget and 

25 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’’, $14,994,833,000: 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’’, $7,169,611,000: 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’’, $1,372,534,000: 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’’, $11,128,813,000: 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’’, $5,665,633,000: 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 proDecember 16, 2015 (1:04 a.m.)
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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 its borders 

12 and the ability of the armed forces of Lebanon to increase 

13 or sustain security along its borders, upon 15 days prior 

14 written notification to the congressional defense commit15 tees outlining the amounts intended to be provided and 

16 the nature of the expenses incurred: Provided further, 

17 That of the funds provided under this heading, up to 

18 $30,000,000 shall be for Operation Observant Compass: 

19 Provided further, That the Secretary of Defense shall pro20 vide quarterly reports to the congressional defense com21 mittees on the use of funds provided in this paragraph: 

22 Provided further, That such amount is designated by the 

23 Congress for Overseas Contingency Operations/Global 

24 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 OPERATION AND MAINTENANCE, ARMY RESERVE

4 For an additional amount for ‘‘Operation and Main5 tenance, Army Reserve’’, $99,559,000: Provided, That 

6 such amount is designated by the Congress for Overseas 

7 Contingency Operations/Global War on Terrorism pursu8 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

9 and Emergency Deficit Control Act of 1985. 

10 OPERATION AND MAINTENANCE, NAVY RESERVE

11 For an additional amount for ‘‘Operation and Main12 tenance, Navy Reserve’’, $31,643,000: Provided, That 

13 such amount is designated by the Congress for Overseas 

14 Contingency Operations/Global War on Terrorism pursu15 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

16 and Emergency Deficit Control Act of 1985. 

17 OPERATION AND MAINTENANCE, MARINE CORPS

18 RESERVE

19 For an additional amount for ‘‘Operation and Main20 tenance, Marine Corps Reserve’’, $3,455,000: Provided, 

21 That such amount is designated by the Congress for Over22 seas Contingency Operations/Global War on Terrorism 

23 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

24 Budget and Emergency Deficit Control Act of 1985. 

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1 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

2 For an additional amount for ‘‘Operation and Main3 tenance, Air Force Reserve’’, $58,106,000: 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, ARMY NATIONAL

9 GUARD

10 For an additional amount for ‘‘Operation and Main11 tenance, Army National Guard’’, $135,845,000: Provided, 

12 That such amount is designated by the Congress for Over13 seas Contingency Operations/Global War on Terrorism 

14 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

15 Budget and Emergency Deficit Control Act of 1985. 

16 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

17 For an additional amount for ‘‘Operation and Main18 tenance, Air National Guard’’, $19,900,000: 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. 

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1 COUNTERTERRORISM PARTNERSHIPS FUND

2 (INCLUDING TRANSFER OF FUNDS)

3 For the ‘‘Counterterrorism Partnerships Fund’’, 

4 $1,100,000,000, to remain available until September 30, 

5 2017: Provided, That such funds shall be available to pro6 vide support and assistance to foreign security forces or 

7 other groups or individuals to conduct, support, or facili8 tate counterterrorism and crisis response activities: Pro9 vided further, That the Secretary of Defense shall transfer 

10 the funds provided herein to other appropriations provided 

11 for in this Act to be merged with and to be available for 

12 the same purposes and subject to the same authorities and 

13 for the same time period as the appropriation to which 

14 transferred: Provided further, That the transfer authority 

15 under this heading is in addition to any other transfer au16 thority provided elsewhere in this Act: Provided further, 

17 That the funds available under this heading are available 

18 for transfer only to the extent that the Secretary of De19 fense submits a prior approval reprogramming request to 

20 the congressional defense committees: Provided further, 

21 That the Secretary of Defense shall comply with the ap22 propriate vetting standards and procedures established in 

23 division C of the Consolidated and Further Continuing 

24 Appropriations Act of 2015 (Public Law 113–235) for any 

25 recipient of training, equipment, or other assistance: ProDecember 16, 2015 (1:04 a.m.)
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1 vided further, That the amount provided under this head2 ing is designated by the Congress for Overseas Contin3 gency Operations/Global War on Terrorism pursuant to 

4 section 251(b)(2)(A)(ii) of the Balanced Budget and 

5 Emergency Deficit Control Act of 1985. 

6 AFGHANISTAN SECURITY FORCES FUND

7 For the ‘‘Afghanistan Security Forces Fund’’, 

8 $3,652,257,000, to remain available until September 30, 

9 2017: Provided, That such funds shall be available to the 

10 Secretary of Defense, notwithstanding any other provision 

11 of law, for the purpose of allowing the Commander, Com12 bined Security Transition Command—Afghanistan, or the 

13 Secretary’s designee, to provide assistance, with the con14 currence of the Secretary of State, to the security forces 

15 of Afghanistan, including the provision of equipment, sup16 plies, services, training, facility and infrastructure repair, 

17 renovation, construction, and funding: Provided further, 

18 That the Secretary of Defense may obligate and expend 

19 funds made available to the Department of Defense in this 

20 title for additional costs associated with existing projects 

21 previously funded with amounts provided under the head22 ing ‘‘Afghanistan Infrastructure Fund’’ in prior Acts: Pro23 vided further, That such costs shall be limited to contract 

24 changes resulting from inflation, market fluctuation, rate 

25 adjustments, and other necessary contract actions to comDecember 16, 2015 (1:04 a.m.)
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1 plete existing projects, and associated supervision and ad2 ministration costs and costs for design during construc3 tion: Provided further, That the Secretary may not use 

4 more than $50,000,000 under the authority provided in 

5 this section: Provided further, That the Secretary shall no6 tify in advance such contract changes and adjustments in 

7 annual reports to the congressional defense committees: 

8 Provided further, That the authority to provide assistance 

9 under this heading is in addition to any other authority 

10 to provide assistance to foreign nations: Provided further, 

11 That contributions of funds for the purposes provided 

12 herein from any person, foreign government, or inter13 national organization may be credited to this Fund, to re14 main available until expended, and used for such purposes: 

15 Provided further, That the Secretary of Defense shall no16 tify the congressional defense committees in writing upon 

17 the receipt and upon the obligation of any contribution, 

18 delineating the sources and amounts of the funds received 

19 and the specific use of such contributions: Provided fur20 ther, That the Secretary of Defense shall, not fewer than 

21 15 days prior to obligating from this appropriation ac22 count, notify the congressional defense committees in writ23 ing of the details of any such obligation: Provided further, 

24 That the Secretary of Defense shall notify the congres25 sional defense committees of any proposed new projects 

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1 or transfer of funds between budget sub-activity groups 

2 in excess of $20,000,000: Provided further, That the 

3 United States may accept equipment procured using funds 

4 provided under this heading in this or prior Acts that was 

5 transferred to the security forces of Afghanistan and re6 turned by such forces to the United States: Provided fur7 ther, That equipment procured using funds provided under 

8 this heading in this or prior Acts, and not yet transferred 

9 to the security forces of Afghanistan or transferred to the 

10 security forces of Afghanistan and returned by such forces 

11 to the United States, may be treated as stocks of the De12 partment of Defense upon written notification to the con13 gressional defense committees: Provided further, That of 

14 the funds provided under this heading, not less than 

15 $10,000,000 shall be for recruitment and retention of 

16 women in the Afghanistan National Security Forces, and 

17 the recruitment and training of female security personnel: 

18 Provided further, That such amount is designated by the 

19 Congress for Overseas Contingency Operations/Global 

20 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

21 the Balanced Budget and Emergency Deficit Control Act 

22 of 1985. 

23 IRAQ TRAIN AND EQUIP FUND

24 For the ‘‘Iraq Train and Equip Fund’’, 

25 $715,000,000, to remain available until September 30, 

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1 2017: Provided, That such funds shall be available to the 

2 Secretary of Defense, in coordination with the Secretary 

3 of State, to provide assistance, including training; equip4 ment; logistics support, supplies, and services; stipends; 

5 infrastructure repair, renovation, and sustainment, to 

6 military and other security forces of or associated with the 

7 Government of Iraq, including Kurdish and tribal security 

8 forces or other local security forces, with a national secu9 rity mission, to counter the Islamic State of Iraq and the 

10 Levant: Provided further, That the Secretary of Defense 

11 shall ensure that prior to providing assistance to elements 

12 of any forces such elements are appropriately vetted, in13 cluding at a minimum, assessing such elements for asso14 ciations with terrorist groups or groups associated with 

15 the Government of Iran; and receiving commitments from 

16 such elements to promote respect for human rights and 

17 the rule of law: Provided further, That the Secretary of 

18 Defense may accept and retain contributions, including as19 sistance in-kind, from foreign governments, including the 

20 Government of Iraq, and other entities, to carry out assist21 ance authorized under this heading: Provided further, 

22 That contributions of funds for the purposes provided 

23 herein from any foreign government or other entities, may 

24 be credited to this Fund, to remain available until ex25 pended, and used for such purposes: Provided further, 

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1 That not more than 25 percent of the funds appropriated 

2 under this heading may be obligated or expended until not 

3 fewer than 15 days after: (1) the Secretary of Defense 

4 submits a report to the appropriate congressional commit5 tees, describing the plan for the provision of such training 

6 and assistance and the forces designated to receive such 

7 assistance; and (2) the President submits a report to the 

8 appropriate congressional committees on how assistance 

9 provided under this heading supports a larger regional 

10 strategy: Provided further, That of the amount provided 

11 under this heading, not more than 60 percent may be obli12 gated or expended until not fewer than 15 days after the 

13 date on which the Secretary of Defense certifies to the 

14 appropriate congressional committees that an amount 

15 equal to not less than 40 percent of the amount provided 

16 under this heading has been contributed by other coun17 tries and entities for the purposes for which funds are pro18 vided under this heading, of which at least 50 percent 

19 shall have been contributed or provided by the Govern20 ment of Iraq: Provided further, That the limitation in the 

21 preceding proviso shall not apply if the Secretary of De22 fense determines, in writing, that the national security ob23 jectives of the United States will be compromised by the 

24 application of the limitation to such assistance, and noti25 fies the appropriate congressional committees not less 

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1 than 15 days in advance of the exemption taking effect, 

2 including a justification for the Secretary’s determination 

3 and a description of the assistance to be exempted from 

4 the application of such limitation: Provided further, That 

5 the Secretary of Defense may waive a provision of law re6 lating to the acquisition of items and support services or 

7 sections 40 and 40A of the Arms Export Control Act (22 

8 U.S.C. 2780 and 2785) if the Secretary determines such 

9 provisions of law would prohibit, restrict, delay or other10 wise limit the provision of such assistance and a notice 

11 of and justification for such waiver is submitted to the 

12 appropriate congressional committees: Provided further, 

13 That the term ‘‘appropriate congressional committees’’ 

14 under this heading means the ‘‘congressional defense com15 mittees’’, the Committees on Appropriations and Foreign 

16 Relations of the Senate and the Committees on Appropria17 tions and Foreign Affairs of the House of Representatives: 

18 Provided further, That amounts made available under this 

19 heading are designated by the Congress for Overseas Con20 tingency Operations/Global War on Terrorism pursuant to 

21 section 251(b)(2)(A)(ii) of the Balanced Budget and 

22 Emergency Deficit Control Act of 1985. 

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1 PROCUREMENT 

2 AIRCRAFT PROCUREMENT, ARMY

3 For an additional amount for ‘‘Aircraft Procurement, 

4 Army’’, $161,987,000, to remain available until Sep5 tember 30, 2018: Provided, That such amount is des6 ignated by the Congress for Overseas Contingency Oper7 ations/Global War on Terrorism pursuant to section 

8 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

9 Deficit Control Act of 1985. 

10 MISSILE PROCUREMENT, ARMY

11 For an additional amount for ‘‘Missile Procurement, 

12 Army’’, $37,260,000, to remain available until September 

13 30, 2018: Provided, That such amount is designated by 

14 the Congress for Overseas Contingency Operations/Global 

15 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

16 the Balanced Budget and Emergency Deficit Control Act 

17 of 1985. 

18 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

19 VEHICLES, ARMY

20 For an additional amount for ‘‘Procurement of Weap21 ons and Tracked Combat Vehicles, Army’’, $486,630,000, 

22 to remain available until September 30, 2018: Provided, 

23 That such amount is designated by the Congress for Over24 seas Contingency Operations/Global War on Terrorism 

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1 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

2 Budget and Emergency Deficit Control Act of 1985. 

3 PROCUREMENT OF AMMUNITION, ARMY

4 For an additional amount for ‘‘Procurement of Am5 munition, Army’’, $222,040,000, to remain available until 

6 September 30, 2018: Provided, That such amount is des7 ignated by the Congress for Overseas Contingency Oper8 ations/Global War on Terrorism pursuant to section 

9 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

10 Deficit Control Act of 1985. 

11 OTHER PROCUREMENT, ARMY

12 For an additional amount for ‘‘Other Procurement, 

13 Army’’, $1,175,596,000, 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 AIRCRAFT PROCUREMENT, NAVY

20 For an additional amount for ‘‘Aircraft Procurement, 

21 Navy’’, $210,990,000, to remain available until September 

22 30, 2018: Provided, That such amount is designated by 

23 the Congress for Overseas Contingency Operations/Global 

24 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 OF AMMUNITION, NAVY AND MARINE

4 CORPS

5 For an additional amount for ‘‘Procurement of Am6 munition, Navy and Marine Corps’’, $117,966,000, to re7 main available until September 30, 2018: Provided, That 

8 such amount is designated by the Congress for Overseas 

9 Contingency Operations/Global War on Terrorism pursu10 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

11 and Emergency Deficit Control Act of 1985. 

12 OTHER PROCUREMENT, NAVY

13 For an additional amount for ‘‘Other Procurement, 

14 Navy’’, $12,186,000, to remain available until September 

15 30, 2018: Provided, That such amount is designated by 

16 the Congress for Overseas Contingency Operations/Global 

17 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

18 the Balanced Budget and Emergency Deficit Control Act 

19 of 1985. 

20 PROCUREMENT, MARINE CORPS

21 For an additional amount for ‘‘Procurement, Marine 

22 Corps’’, $56,934,000, 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 AIRCRAFT PROCUREMENT, AIR FORCE

4 For an additional amount for ‘‘Aircraft Procurement, 

5 Air Force’’, $128,900,000, 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 MISSILE PROCUREMENT, AIR FORCE

12 For an additional amount for ‘‘Missile Procurement, 

13 Air Force’’, $289,142,000, 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 PROCUREMENT OF AMMUNITION, AIR FORCE

20 For an additional amount for ‘‘Procurement of Am21 munition, Air Force’’, $228,874,000, to remain available 

22 until September 30, 2018: Provided, That such amount 

23 is designated by the Congress for Overseas Contingency 

24 Operations/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 OTHER PROCUREMENT, AIR FORCE

4 For an additional amount for ‘‘Other Procurement, 

5 Air Force’’, $3,477,001,000, to remain available until 

6 September 30, 2018: Provided, That such amount is des7 ignated by the Congress for Overseas Contingency Oper8 ations/Global War on Terrorism pursuant to section 

9 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

10 Deficit Control Act of 1985. 

11 PROCUREMENT, DEFENSE-WIDE

12 For an additional amount for ‘‘Procurement, De13 fense-Wide’’, $173,918,000, 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 NATIONAL GUARD AND RESERVE EQUIPMENT ACCOUNT

20 For procurement of rotary-wing aircraft; combat, tac21 tical and support vehicles; other weapons; and other pro22 curement items for the reserve components of the Armed 

23 Forces, $1,000,000,000, to remain available for obligation 

24 until September 30, 2018: Provided, That the Chiefs of 

25 National Guard and Reserve components shall, not later 

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1 than 30 days after enactment of this Act, individually sub2 mit to the congressional defense committees the mod3 ernization priority assessment for their respective Na4 tional Guard or Reserve component: Provided further, 

5 That none of the funds made available by this paragraph 

6 may be used to procure manned fixed wing aircraft, or 

7 procure or modify missiles, munitions, or ammunition: 

8 Provided further, That such amount is designated by the 

9 Congress for Overseas Contingency Operations/Global 

10 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

11 the Balanced Budget and Emergency Deficit Control Act 

12 of 1985. 

13 RESEARCH, DEVELOPMENT, TEST AND 

14 EVALUATION 

15 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

16 ARMY

17 For an additional amount for ‘‘Research, Develop18 ment, Test and Evaluation, Army’’, $1,500,000, to remain 

19 available until September 30, 2017: Provided, That such 

20 amount is designated by the Congress for Overseas Con21 tingency Operations/Global War on Terrorism pursuant to 

22 section 251(b)(2)(A)(ii) of the Balanced Budget and 

23 Emergency Deficit Control Act of 1985. 

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1 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

2 NAVY

3 For an additional amount for ‘‘Research, Develop4 ment, Test and Evaluation, Navy’’, $35,747,000, to re5 main available until September 30, 2017: Provided, That 

6 such amount is designated by the Congress for Overseas 

7 Contingency Operations/Global War on Terrorism pursu8 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

9 and Emergency Deficit Control Act of 1985. 

10 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

11 AIR FORCE

12 For an additional amount for ‘‘Research, Develop13 ment, Test and Evaluation, Air Force’’, $17,100,000, to 

14 remain available until September 30, 2017: Provided, 

15 That such amount is designated by the Congress for Over16 seas Contingency Operations/Global War on Terrorism 

17 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

18 Budget and Emergency Deficit Control Act of 1985. 

19 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

20 DEFENSE-WIDE

21 For an additional amount for ‘‘Research, Develop22 ment, Test and Evaluation, Defense-Wide’’, 

23 $177,087,000, to remain available until September 30, 

24 2017: Provided, That such amount is designated by the 

25 Congress for Overseas Contingency Operations/Global 

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1 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

2 the Balanced Budget and Emergency Deficit Control Act 

3 of 1985. 

4 REVOLVING AND MANAGEMENT FUNDS 

5 DEFENSE WORKING CAPITAL FUNDS

6 For an additional amount for ‘‘Defense Working 

7 Capital Funds’’, $88,850,000: Provided, That such 

8 amount is designated by the Congress for Overseas Con9 tingency Operations/Global War on Terrorism pursuant to 

10 section 251(b)(2)(A)(ii) of the Balanced Budget and 

11 Emergency Deficit Control Act of 1985. 

12 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

13 DEFENSE HEALTH PROGRAM

14 For an additional amount for ‘‘Defense Health Pro15 gram’’, $272,704,000, which shall be for operation and 

16 maintenance: Provided, That such amount is designated 

17 by the Congress for Overseas Contingency Operations/ 

18 Global War on Terrorism pursuant to section 

19 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

20 Deficit Control Act of 1985. 

21 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

22 DEFENSE

23 For an additional amount for ‘‘Drug Interdiction and 

24 Counter-Drug Activities, Defense’’, $186,000,000: Pro25 vided, That such amount is designated by the Congress 

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1 for Overseas Contingency Operations/Global War on Ter2 rorism pursuant to section 251(b)(2)(A)(ii) of the Bal3 anced Budget and Emergency Deficit Control Act of 1985. 

4 JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND

5 (INCLUDING TRANSFER OF FUNDS)

6 For the ‘‘Joint Improvised Explosive Device Defeat 

7 Fund’’, $349,464,000, to remain available until Sep8 tember 30, 2018: Provided, That such funds shall be avail9 able to the Secretary of Defense, notwithstanding any 

10 other provision of law, for the purpose of allowing the Di11 rector of the Joint Improvised Explosive Device Defeat 

12 Organization to investigate, develop and provide equip13 ment, supplies, services, training, facilities, personnel and 

14 funds to assist United States forces in the defeat of impro15 vised explosive devices: Provided further, That the Sec16 retary of Defense may transfer funds provided herein to 

17 appropriations for military personnel; operation and main18 tenance; procurement; research, development, test and 

19 evaluation; and defense working capital funds to accom20 plish the purpose provided herein: Provided further, That 

21 this transfer authority is in addition to any other transfer 

22 authority available to the Department of Defense: Pro23 vided further, That the Secretary of Defense shall, not 

24 fewer than 15 days prior to making transfers from this 

25 appropriation, notify the congressional defense committees 

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1 in writing of the details of any such transfer: Provided 

2 further, That such amount is designated by the Congress 

3 for Overseas Contingency Operations/Global War on Ter4 rorism pursuant to section 251(b)(2)(A)(ii) of the Bal5 anced Budget and Emergency Deficit Control Act of 1985. 

6 OFFICE OF THE INSPECTOR GENERAL

7 For an additional amount for the ‘‘Office of the In8 spector General’’, $10,262,000: Provided, That such 

9 amount is designated by the Congress for Overseas Con10 tingency Operations/Global War on Terrorism pursuant to 

11 section 251(b)(2)(A)(ii) of the Balanced Budget and 

12 Emergency Deficit Control Act of 1985. 

13 GENERAL PROVISIONS—THIS TITLE 

14 SEC. 9001. Notwithstanding any other provision of 

15 law, funds made available in this title are in addition to 

16 amounts appropriated or otherwise made available for the 

17 Department of Defense for fiscal year 2016. 

18 (INCLUDING TRANSFER OF FUNDS)

19 SEC. 9002. Upon the determination of the Secretary 

20 of Defense that such action is necessary in the national 

21 interest, the Secretary may, with the approval of the Of22 fice of Management and Budget, transfer up to 

23 $4,500,000,000 between the appropriations or funds made 

24 available to the Department of Defense in this title: Pro25 vided, That the Secretary shall notify the Congress 

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1 promptly of each transfer made pursuant to the authority 

2 in this section: Provided further, That the authority pro3 vided in this section is in addition to any other transfer 

4 authority available to the Department of Defense and is 

5 subject to the same terms and conditions as the authority 

6 provided in section 8005 of this Act. 

7 SEC. 9003. Supervision and administration costs and 

8 costs for design during construction associated with a con9 struction project funded with appropriations available for 

10 operation and maintenance or the ‘‘Afghanistan Security 

11 Forces Fund’’ provided in this Act and executed in direct 

12 support of overseas contingency operations in Afghani13 stan, may be obligated at the time a construction contract 

14 is awarded: Provided, That, for the purpose of this section, 

15 supervision and administration costs and costs for design 

16 during construction include all in-house Government costs. 

17 SEC. 9004. From funds made available in this title, 

18 the Secretary of Defense may purchase for use by military 

19 and civilian employees of the Department of Defense in 

20 the United States Central Command area of responsi21 bility: (1) passenger motor vehicles up to a limit of 

22 $75,000 per vehicle; and (2) heavy and light armored vehi23 cles for the physical security of personnel or for force pro24 tection purposes up to a limit of $450,000 per vehicle, notDecember 16, 2015 (1:04 a.m.)
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1 withstanding price or other limitations applicable to the 

2 purchase of passenger carrying vehicles. 

3 SEC. 9005. Not to exceed $5,000,000 of the amounts 

4 appropriated by this title under the heading ‘‘Operation 

5 and Maintenance, Army’’ may be used, notwithstanding 

6 any other provision of law, to fund the Commanders’ 

7 Emergency Response Program (CERP), for the purpose 

8 of enabling military commanders in Afghanistan to re9 spond to urgent, small-scale, humanitarian relief and re10 construction requirements within their areas of responsi11 bility: Provided, That each project (including any ancillary 

12 or related elements in connection with such project) exe13 cuted under this authority shall not exceed $2,000,000: 

14 Provided further, That not later than 45 days after the 

15 end of each 6 months of the fiscal year, the Secretary of 

16 Defense shall submit to the congressional defense commit17 tees a report regarding the source of funds and the alloca18 tion and use of funds during that 6-month period that 

19 were made available pursuant to the authority provided 

20 in this section or under any other provision of law for the 

21 purposes described herein: Provided further, That, not 

22 later than 30 days after the end of each fiscal year quar23 ter, the Army shall submit to the congressional defense 

24 committees quarterly commitment, obligation, and expend25 iture data for the CERP in Afghanistan: Provided further, 

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1 That, not less than 15 days before making funds available 

2 pursuant to the authority provided in this section or under 

3 any other provision of law for the purposes described here4 in for a project with a total anticipated cost for completion 

5 of $500,000 or more, the Secretary shall submit to the 

6 congressional defense committees a written notice con7 taining each of the following: 

8 (1) The location, nature and purpose of the 

9 proposed project, including how the project is in10 tended to advance the military campaign plan for 

11 the country in which it is to be carried out. 

12 (2) The budget, implementation timeline with 

13 milestones, and completion date for the proposed 

14 project, including any other CERP funding that has 

15 been or is anticipated to be contributed to the com16 pletion of the project. 

17 (3) A plan for the sustainment of the proposed 

18 project, including the agreement with either the host 

19 nation, a non-Department of Defense agency of the 

20 United States Government or a third-party contrib21 utor to finance the sustainment of the activities and 

22 maintenance of any equipment or facilities to be pro23 vided through the proposed project. 

24 SEC. 9006. Funds available to the Department of De25 fense for operation and maintenance may be used, notDecember 16, 2015 (1:04 a.m.)
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1 withstanding any other provision of law, to provide sup2 plies, services, transportation, including airlift and sealift, 

3 and other logistical support to coalition forces supporting 

4 military and stability operations in Afghanistan and to 

5 counter the Islamic State of Iraq and the Levant: Pro6 vided, That the Secretary of Defense shall provide quar7 terly reports to the congressional defense committees re8 garding support provided under this section. 

9 SEC. 9007. None of the funds appropriated or other10 wise made available by this or any other Act shall be obli11 gated or expended by the United States Government for 

12 a purpose as follows: 

13 (1) To establish any military installation or 

14 base for the purpose of providing for the permanent 

15 stationing of United States Armed Forces in Iraq. 

16 (2) To exercise United States control over any 

17 oil resource of Iraq. 

18 (3) To establish any military installation or 

19 base for the purpose of providing for the permanent 

20 stationing of United States Armed Forces in Af21 ghanistan. 

22 SEC. 9008. None of the funds made available in this 

23 Act may be used in contravention of the following laws 

24 enacted or regulations promulgated to implement the 

25 United Nations Convention Against Torture and Other 

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1 Cruel, Inhuman or Degrading Treatment or Punishment 

2 (done at New York on December 10, 1984): 

3 (1) Section 2340A of title 18, United States 

4 Code. 

5 (2) Section 2242 of the Foreign Affairs Reform 

6 and Restructuring Act of 1998 (division G of Public 

7 Law 105–277; 112 Stat. 2681–822; 8 U.S.C. 1231 

8 note) and regulations prescribed thereto, including 

9 regulations under part 208 of title 8, Code of Fed10 eral Regulations, and part 95 of title 22, Code of 

11 Federal Regulations. 

12 (3) Sections 1002 and 1003 of the Department 

13 of Defense, Emergency Supplemental Appropriations 

14 to Address Hurricanes in the Gulf of Mexico, and 

15 Pandemic Influenza Act, 2006 (Public Law 109– 

16 148). 

17 SEC. 9009. None of the funds provided for the ‘‘Af18 ghanistan Security Forces Fund’’ (ASFF) may be obli19 gated prior to the approval of a financial and activity plan 

20 by the Afghanistan Resources Oversight Council (AROC) 

21 of the Department of Defense: Provided, That the AROC 

22 must approve the requirement and acquisition plan for any 

23 service requirements in excess of $50,000,000 annually 

24 and any non-standard equipment requirements in excess 

25 of $100,000,000 using ASFF: Provided further, That the 

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1 Department of Defense must certify to the congressional 

2 defense committees that the AROC has convened and ap3 proved a process for ensuring compliance with the require4 ments in the preceding proviso and accompanying report 

5 language for the ASFF. 

6 SEC. 9010. Funds made available in this title to the 

7 Department of Defense for operation and maintenance 

8 may be used to purchase items having an investment unit 

9 cost of not more than $250,000: Provided, That, upon de10 termination by the Secretary of Defense that such action 

11 is necessary to meet the operational requirements of a 

12 Commander of a Combatant Command engaged in contin13 gency operations overseas, such funds may be used to pur14 chase items having an investment item unit cost of not 

15 more than $500,000. 

16 SEC. 9011. From funds made available to the De17 partment of Defense in this title under the heading ‘‘Oper18 ation and Maintenance, Air Force’’, up to $80,000,000 

19 may be used by the Secretary of Defense, notwithstanding 

20 any other provision of law, to support United States Gov21 ernment transition activities in Iraq by funding the oper22 ations and activities of the Office of Security Cooperation 

23 in Iraq and security assistance teams, including life sup24 port, transportation and personal security, and facilities 

25 renovation and construction, and site closeout activities 

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1 prior to returning sites to the Government of Iraq: Pro2 vided, That to the extent authorized under the National 

3 Defense Authorization Act for Fiscal Year 2016, the oper4 ations and activities that may be carried out by the Office 

5 of Security Cooperation in Iraq may, with the concurrence 

6 of the Secretary of State, include non-operational training 

7 activities in support of Iraqi Minister of Defense and 

8 Counter Terrorism Service personnel in an institutional 

9 environment to address capability gaps, integrate proc10 esses relating to intelligence, air sovereignty, combined 

11 arms, logistics and maintenance, and to manage and inte12 grate defense-related institutions: Provided further, That 

13 not later than 30 days following the enactment of this Act, 

14 the Secretary of Defense and the Secretary of State shall 

15 submit to the congressional defense committees a plan for 

16 transitioning any such training activities that they deter17 mine are needed after the end of fiscal year 2016, to exist18 ing or new contracts for the sale of defense articles or 

19 defense services consistent with the provisions of the Arms 

20 Export Control Act (22 U.S.C. 2751 et seq.): Provided 

21 further, That, not less than 15 days before making funds 

22 available pursuant to the authority provided in this sec23 tion, the Secretary of Defense shall submit to the congres24 sional defense committees a written notice containing a 

25 detailed justification and timeline for the operations and 

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1 activities of the Office of Security Cooperation in Iraq at 

2 each site where such operations and activities will be con3 ducted during fiscal year 2016: Provided further, That 

4 amounts made available by this section are designated by 

5 the Congress for Overseas Contingency Operations/Global 

6 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

7 the Balanced Budget and Emergency Deficit Control Act 

8 of 1985. 

9 SEC. 9012. Up to $600,000,000 of funds appro10 priated by this Act for the Counterterrorism Partnerships 

11 Fund may be used to provide assistance to the Govern12 ment of Jordan to support the armed forces of Jordan 

13 and to enhance security along its borders. 

14 SEC. 9013. None of the funds made available by this 

15 Act under the heading ‘‘Iraq Train and Equip Fund’’ may 

16 be used to procure or transfer man-portable air defense 

17 systems. 

18 SEC. 9014. For the ‘‘Ukraine Security Assistance Ini19 tiative’’, $250,000,000 is hereby appropriated, to remain 

20 available until September 30, 2016: Provided, That such 

21 funds shall be available to the Secretary of Defense, in 

22 coordination with the Secretary of State, to provide assist23 ance, including training; equipment; lethal weapons of a 

24 defensive nature; logistics support, supplies and services; 

25 sustainment; and intelligence support to the military and 

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1 national security forces of Ukraine, and for replacement 

2 of any weapons or defensive articles provided to the Gov3 ernment of Ukraine from the inventory of the United 

4 States: Provided further, That the Secretary of Defense 

5 shall, not less than 15 days prior to obligating funds pro6 vided under this heading, notify the congressional defense 

7 committees in writing of the details of any such obligation: 

8 Provided further, That the United States may accept 

9 equipment procured using funds provided under this head10 ing in this or prior Acts that was transferred to the secu11 rity forces of Ukraine and returned by such forces to the 

12 United States: Provided further, That equipment procured 

13 using funds provided under this heading in this or prior 

14 Acts, and not yet transferred to the military or National 

15 Security Forces of Ukraine or returned by such forces to 

16 the United States, may be treated as stocks of the Depart17 ment of Defense upon written notification to the congres18 sional defense committees: Provided further, That amounts 

19 made available by this section are designated by the Con20 gress for Overseas Contingency Operations/Global War on 

21 Terrorism pursuant to section 251(b)(2)(A)(ii) of the Bal22 anced Budget and Emergency Deficit Control Act of 1985. 

23 SEC. 9015. Funds appropriated in this title shall be 

24 available for replacement of funds for items provided to 

25 the Government of Ukraine from the inventory of the 

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1 United States to the extent specifically provided for in sec2 tion 9014 of this Act. 

3 SEC. 9016. None of the funds made available by this 

4 Act under section 9014 for ‘‘Assistance and Sustainment 

5 to the Military and National Security Forces of Ukraine’’ 

6 may be used to procure or transfer man-portable air de7 fense systems. 

8 SEC. 9017. (a) None of the funds appropriated or 

9 otherwise made available by this Act under the heading 

10 ‘‘Operation and Maintenance, Defense-Wide’’ for pay11 ments under section 1233 of Public Law 110–181 for re12 imbursement to the Government of Pakistan may be made 

13 available unless the Secretary of Defense, in coordination 

14 with the Secretary of State, certifies to the congressional 

15 defense committees that the Government of Pakistan is— 

16 (1) cooperating with the United States in 

17 counterterrorism efforts against the Haqqani Net18 work, the Quetta Shura Taliban, Lashkar e-Tayyiba, 

19 Jaish-e-Mohammed, Al Qaeda, and other domestic 

20 and foreign terrorist organizations, including taking 

21 steps to end support for such groups and prevent 

22 them from basing and operating in Pakistan and 

23 carrying out cross border attacks into neighboring 

24 countries; 

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1 (2) not supporting terrorist activities against 

2 United States or coalition forces in Afghanistan, and 

3 Pakistan’s military and intelligence agencies are not 

4 intervening extra-judicially into political and judicial 

5 processes in Pakistan; 

6 (3) dismantling improvised explosive device 

7 (IED) networks and interdicting precursor chemicals 

8 used in the manufacture of IEDs; 

9 (4) preventing the proliferation of nuclear-re10 lated material and expertise; 

11 (5) implementing policies to protect judicial 

12 independence and due process of law; 

13 (6) issuing visas in a timely manner for United 

14 States visitors engaged in counterterrorism efforts 

15 and assistance programs in Pakistan; and 

16 (7) providing humanitarian organizations access 

17 to detainees, internally displaced persons, and other 

18 Pakistani civilians affected by the conflict. 

19 (b) The Secretary of Defense, in coordination with 

20 the Secretary of State, may waive the restriction in sub21 section (a) on a case-by-case basis by certifying in writing 

22 to the congressional defense committees that it is in the 

23 national security interest to do so: Provided, That if the 

24 Secretary of Defense, in coordination with the Secretary 

25 of State, exercises such waiver authority, the Secretaries 

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1 shall report to the congressional defense committees on 

2 both the justification for the waiver and on the require3 ments of this section that the Government of Pakistan was 

4 not able to meet: Provided further, That such report may 

5 be submitted in classified form if necessary. 

6 (INCLUDING TRANSFER OF FUNDS)

7 SEC. 9018. In addition to amounts otherwise made 

8 available in this Act, $500,000,000 is hereby appropriated 

9 to the Department of Defense and made available for 

10 transfer only to the operation and maintenance, military 

11 personnel, and procurement accounts, to improve the intel12 ligence, surveillance, and reconnaissance capabilities of the 

13 Department of Defense: Provided, That the transfer au14 thority provided in this section is in addition to any other 

15 transfer authority provided elsewhere in this Act: Provided 

16 further, That not later than 30 days prior to exercising 

17 the transfer authority provided in this section, the Sec18 retary of Defense shall submit a report to the congres19 sional defense committees on the proposed uses of these 

20 funds: Provided further, That the funds provided in this 

21 section may not be transferred to any program, project, 

22 or activity specifically limited or denied by this Act: Pro23 vided further, That amounts made available by this section 

24 are designated by the Congress for Overseas Contingency 

25 Operations/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: Provided further, That the 

3 authority to provide funding under this section shall termi4 nate on September 30, 2016. 

5 SEC. 9019. None of the funds made available by this 

6 Act may be used with respect to Syria in contravention 

7 of the War Powers Resolution (50 U.S.C. 1541 et seq.), 

8 including for the introduction of United States armed or 

9 military forces into hostilities in Syria, into situations in 

10 Syria where imminent involvement in hostilities is clearly 

11 indicated by the circumstances, or into Syrian territory, 

12 airspace, or waters while equipped for combat, in con13 travention of the congressional consultation and reporting 

14 requirements of sections 3 and 4 of that law (50 U.S.C. 

15 1542 and 1543). 

16 SEC. 9020. 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 necDecember 16, 2015 (1:04 a.m.)
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1 essary, to provide additional support to the Afghanistan 

2 Air Force’s current medium airlift capacity. 

3 (RESCISSION)

4 SEC. 9021. Of the funds appropriated in Department 

5 of Defense Appropriations Acts, the following funds are 

6 hereby rescinded from the following accounts and pro7 grams in the specified amounts: Provided, That such 

8 amounts are designated by the Congress for Overseas 

9 Contingency Operations/Global War on Terrorism pursu10 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

11 and Emergency Deficit Control Act of 1985, as amended: 

12 ‘‘Afghanistan Security Forces Fund’’, 2015/ 

13 2016, $400,000,000. 

14 This division may be cited as the ‘‘Department of De15 fense Appropriations Act, 2016’’. 

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