IIB 

113TH CONGRESS 

2D SESSION H. R. 4870 

IN THE SENATE OF THE UNITED STATES 

JUNE 25, 2014 

Received; read twice and referred to the Committee on Appropriations 

AN ACT 

Making appropriations for the Department of Defense for 

the fiscal year ending September 30, 2015, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 That the following sums are appropriated, out of any 

2 money in the Treasury not otherwise appropriated, for the 

3 fiscal year ending September 30, 2015, for military func4 tions administered by the Department of Defense and for 

5 other purposes, namely: 

6 TITLE I 

7 MILITARY PERSONNEL 

8 MILITARY PERSONNEL, ARMY

9 For pay, allowances, individual clothing, subsistence, 

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

13 between permanent duty stations, for members of the 

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

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

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

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

20 $41,183,729,000. 

21 MILITARY PERSONNEL, NAVY

22 For pay, allowances, individual clothing, subsistence, 

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


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1 between permanent duty stations, for members of the 

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

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

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

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

7 of Defense Military Retirement Fund, $27,387,344,000. 

8 MILITARY PERSONNEL, MARINE CORPS

9 For pay, allowances, individual clothing, subsistence, 

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

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

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

17 402 note), and to the Department of Defense Military Re18 tirement Fund, $12,785,431,000. 

19 MILITARY PERSONNEL, AIR FORCE

20 For pay, allowances, individual clothing, subsistence, 

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

24 between permanent duty stations, for members of the Air 

25 Force on active duty (except members of reserve compoVerDate Mar 15 2010 02:38 Jun 26, 2014 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4870.RFS H4870

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1 nents provided for elsewhere), cadets, and aviation cadets; 

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

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

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

6 $27,564,362,000. 

7 RESERVE PERSONNEL, ARMY

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

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

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

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

13 States Code, in connection with performing duty specified 

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

15 while undergoing reserve training, or while performing 

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

18 and for payments to the Department of Defense Military 

19 Retirement Fund, $4,304,159,000. 

20 RESERVE PERSONNEL, NAVY

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

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

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

25 section 12301(d) of title 10, United States Code, in conVerDate Mar 15 2010 02:38 Jun 26, 2014 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4870.RFS H4870

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1 nection with performing duty specified in section 12310(a) 

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

4 duty, and expenses authorized by section 16131 of title 

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

7 $1,836,024,000. 

8 RESERVE PERSONNEL, MARINE CORPS

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

10 travel, and related expenses for personnel of the Marine 

11 Corps Reserve on active duty under section 10211 of title 

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

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

14 in connection with performing duty specified in section 

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

18 leaders class, and expenses authorized by section 16131 

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

20 Department of Defense Military Retirement Fund, 

21 $659,224,000. 

22 RESERVE PERSONNEL, AIR FORCE

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

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

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


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1 8038 of title 10, United States Code, or while serving on 

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

3 States Code, in connection with performing duty specified 

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

5 while undergoing reserve training, or while performing 

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

8 and for payments to the Department of Defense Military 

9 Retirement Fund, $1,652,148,000. 

10 NATIONAL GUARD PERSONNEL, ARMY

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

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

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

15 States Code, or while serving on duty under section 

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

17 States Code, in connection with performing duty specified 

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

19 while undergoing training, or while performing drills or 

20 equivalent duty or other duty, and expenses authorized by 

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

23 Fund, $7,644,632,000. 


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1 NATIONAL GUARD PERSONNEL, AIR FORCE

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

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

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

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

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

8 in connection with performing duty specified in section 

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

11 duty or other duty, and expenses authorized by section 

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

13 to the Department of Defense Military Retirement Fund, 

14 $3,110,587,000. 

15 TITLE II 

16 OPERATION AND MAINTENANCE 

17 OPERATION AND MAINTENANCE, ARMY

18 For expenses, not otherwise provided for, necessary 

19 for the operation and maintenance of the Army, as author20 ized by law, $32,671,980,000: Provided, That not to ex21 ceed $12,478,000 can be used for emergencies and ex22 traordinary expenses, to be expended on the approval or 

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

24 be made on his certificate of necessity for confidential mili25 tary purposes. 


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1 OPERATION AND MAINTENANCE, NAVY

2 For expenses, not otherwise provided for, necessary 

3 for the operation and maintenance of the Navy and the 

4 Marine Corps, as authorized by law, $39,073,543,000: 

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

6 emergencies and extraordinary expenses, to be expended 

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

8 and payments may be made on his certificate of necessity 

9 for confidential military purposes. 

10 OPERATION AND MAINTENANCE, MARINE CORPS

11 For expenses, not otherwise provided for, necessary 

12 for the operation and maintenance of the Marine Corps, 

13 as authorized by law, $5,984,680,000. 

14 OPERATION AND MAINTENANCE, AIR FORCE

15 For expenses, not otherwise provided for, necessary 

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

17 authorized by law, $35,024,160,000: Provided, That not 

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

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

21 may be made on his certificate of necessity for confidential 

22 military purposes. 


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1 OPERATION AND MAINTENANCE, DEFENSE-WIDE

2 (INCLUDING TRANSFER OF FUNDS)

3 For expenses, not otherwise provided for, necessary 

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

6 departments), as authorized by law, $30,896,741,000 (re7 duced by $5,000,000) (reduced by $500,000) (reduced by 

8 $5,000,000) (reduced by $10,000,000) (reduced by 

9 $21,000,000) (increased by $21,000,000) (reduced by 

10 $3,500,000) (reduced by $2,000,000) (reduced by 

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

12 $6,000,000) (reduced by $24,000,000) (reduced by 

13 $5,000,000) (increased by $5,000,000) (reduced by 

14 $10,000,000): Provided, That not more than $15,000,000 

15 may be used for the Combatant Commander Initiative 

16 Fund authorized under section 166a of title 10, United 

17 States Code: Provided further, That not to exceed 

18 $36,000,000 can be used for emergencies and extraor19 dinary expenses, to be expended on the approval or author20 ity of the Secretary of Defense, and payments may be 

21 made on his certificate of necessity for confidential mili22 tary purposes: Provided further, That of the funds pro23 vided under this heading, not less than $36,262,000 shall 

24 be made available for the Procurement Technical Assist25 ance Cooperative Agreement Program, of which not less 


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1 than $3,600,000 shall be available for centers defined in 

2 10 U.S.C. 2411(1)(D): Provided further, That none of the 

3 funds appropriated or otherwise made available by this 

4 Act may be used to plan or implement the consolidation 

5 of a budget or appropriations liaison office of the Office 

6 of the Secretary of Defense, the office of the Secretary 

7 of a military department, or the service headquarters of 

8 one of the Armed Forces into a legislative affairs or legis9 lative liaison office: Provided further, That $8,881,000, to 

10 remain available until expended, is available only for ex11 penses relating to certain classified activities, and may be 

12 transferred as necessary by the Secretary of Defense to 

13 operation and maintenance appropriations or research, de14 velopment, test and evaluation appropriations, to be 

15 merged with and to be available for the same time period 

16 as the appropriations to which transferred: Provided fur17 ther, That any ceiling on the investment item unit cost 

18 of items that may be purchased with operation and main19 tenance funds shall not apply to the funds described in 

20 the preceding proviso: Provided further, That the transfer 

21 authority provided under this heading is in addition to any 

22 other transfer authority provided elsewhere in this Act. 

23 OPERATION AND MAINTENANCE, ARMY RESERVE

24 For expenses, not otherwise provided for, necessary 

25 for the operation and maintenance, including training, orVerDate Mar 15 2010 02:38 Jun 26, 2014 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H4870.RFS H4870

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1 ganization, and administration, of the Army Reserve; re2 pair of facilities and equipment; hire of passenger motor 

3 vehicles; travel and transportation; care of the dead; re4 cruiting; procurement of services, supplies, and equip5 ment; and communications, $2,535,606,000. 

6 OPERATION AND MAINTENANCE, NAVY RESERVE

7 For expenses, not otherwise provided for, necessary 

8 for the operation and maintenance, including training, or9 ganization, and administration, of the Navy Reserve; re10 pair of facilities and equipment; hire of passenger motor 

11 vehicles; travel and transportation; care of the dead; re12 cruiting; procurement of services, supplies, and equip13 ment; and communications, $1,011,827,000. 

14 OPERATION AND MAINTENANCE, MARINE CORPS

15 RESERVE

16 For expenses, not otherwise provided for, necessary 

17 for the operation and maintenance, including training, or18 ganization, and administration, of the Marine Corps Re19 serve; repair of facilities and equipment; hire of passenger 

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

21 recruiting; procurement of services, supplies, and equip22 ment; and communications, $270,485,000. 

23 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

24 For expenses, not otherwise provided for, necessary 

25 for the operation and maintenance, including training, orVerDate Mar 15 2010 02:38 Jun 26, 2014 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H4870.RFS H4870

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1 ganization, and administration, of the Air Force Reserve; 

2 repair of facilities and equipment; hire of passenger motor 

3 vehicles; travel and transportation; care of the dead; re4 cruiting; procurement of services, supplies, and equip5 ment; and communications, $2,989,214,000. 

6 OPERATION AND MAINTENANCE, ARMY NATIONAL

7 GUARD

8 For expenses of training, organizing, and admin9 istering the Army National Guard, including medical and 

10 hospital treatment and related expenses in non-Federal 

11 hospitals; maintenance, operation, and repairs to struc12 tures and facilities; hire of passenger motor vehicles; per13 sonnel services in the National Guard Bureau; travel ex14 penses (other than mileage), as authorized by law for 

15 Army personnel on active duty, for Army National Guard 

16 division, regimental, and battalion commanders while in17 specting units in compliance with National Guard Bureau 

18 regulations when specifically authorized by the Chief, Na19 tional Guard Bureau; supplying and equipping the Army 

20 National Guard as authorized by law; and expenses of re21 pair, modification, maintenance, and issue of supplies and 

22 equipment (including aircraft), $6,116,307,000 (increased 

23 by $5,000,000). 


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1 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

2 For expenses of training, organizing, and admin3 istering the Air National Guard, including medical and 

4 hospital treatment and related expenses in non-Federal 

5 hospitals; maintenance, operation, and repairs to struc6 tures and facilities; transportation of things, hire of pas7 senger motor vehicles; supplying and equipping the Air 

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

9 modification, maintenance, and issue of supplies and 

10 equipment, including those furnished from stocks under 

11 the control of agencies of the Department of Defense; 

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

13 authorized by law for Air National Guard personnel on 

14 active Federal duty, for Air National Guard commanders 

15 while inspecting units in compliance with National Guard 

16 Bureau regulations when specifically authorized by the 

17 Chief, National Guard Bureau, $6,393,919,000. 

18 UNITED STATES COURT OF APPEALS FOR THE ARMED

19 FORCES

20 For salaries and expenses necessary for the United 

21 States Court of Appeals for the Armed Forces, 

22 $13,723,000, of which not to exceed $5,000 may be used 

23 for official representation purposes. 


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1 ENVIRONMENTAL RESTORATION, ARMY

2 (INCLUDING TRANSFER OF FUNDS)

3 For the Department of the Army, $201,560,000, to 

4 remain available until transferred: Provided, That the Sec5 retary of the Army shall, upon determining that such 

6 funds are required for environmental restoration, reduc7 tion and recycling of hazardous waste, removal of unsafe 

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

9 for similar purposes, transfer the funds made available by 

10 this appropriation to other appropriations made available 

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

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

13 time period as the appropriations to which transferred: 

14 Provided further, That upon a determination that all or 

15 part of the funds transferred from this appropriation are 

16 not necessary for the purposes provided herein, such 

17 amounts may be transferred back to this appropriation: 

18 Provided further, That the transfer authority provided 

19 under this heading is in addition to any other transfer au20 thority provided elsewhere in this Act. 

21 ENVIRONMENTAL RESTORATION, NAVY

22 (INCLUDING TRANSFER OF FUNDS)

23 For the Department of the Navy, $277,294,000, to 

24 remain available until transferred: Provided, That the Sec25 retary of the Navy shall, upon determining that such 


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1 funds are required for environmental restoration, reduc2 tion and recycling of hazardous waste, removal of unsafe 

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

4 for similar purposes, transfer the funds made available by 

5 this appropriation to other appropriations made available 

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

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

8 time period as the appropriations to which transferred: 

9 Provided further, That upon a determination that all or 

10 part of the funds transferred from this appropriation are 

11 not necessary for the purposes provided herein, such 

12 amounts may be transferred back to this appropriation: 

13 Provided further, That the transfer authority provided 

14 under this heading is in addition to any other transfer au15 thority provided elsewhere in this Act. 

16 ENVIRONMENTAL RESTORATION, AIR FORCE

17 (INCLUDING TRANSFER OF FUNDS)

18 For the Department of the Air Force, $408,716,000 

19 (reduced by $37,000,000), to remain available until trans20 ferred: Provided, That the Secretary of the Air Force 

21 shall, upon determining that such funds are required for 

22 environmental restoration, reduction and recycling of haz23 ardous waste, removal of unsafe buildings and debris of 

24 the Department of the Air Force, or for similar purposes, 

25 transfer the funds made available by this appropriation 


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1 to other appropriations made available to the Department 

2 of the Air Force, to be merged with and to be available 

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

4 the appropriations to which transferred: Provided further, 

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

6 transferred from this appropriation are not necessary for 

7 the purposes provided herein, such amounts may be trans8 ferred back to this appropriation: Provided further, That 

9 the transfer authority provided under this heading is in 

10 addition to any other transfer authority provided else11 where in this Act. 

12 ENVIRONMENTAL RESTORATION, DEFENSE-WIDE

13 (INCLUDING TRANSFER OF FUNDS)

14 For the Department of Defense, $8,547,000, to re15 main available until transferred: Provided, That the Sec16 retary of Defense shall, upon determining that such funds 

17 are required for environmental restoration, reduction and 

18 recycling of hazardous waste, removal of unsafe buildings 

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

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

24 as the appropriations to which transferred: Provided fur25 ther, That upon a determination that all or part of the 


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1 funds transferred from this appropriation are not nec2 essary for the purposes provided herein, such amounts 

3 may be transferred back to this appropriation: Provided 

4 further, That the transfer authority provided under this 

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

7 ENVIRONMENTAL RESTORATION, FORMERLY USED

8 DEFENSE SITES

9 (INCLUDING TRANSFER OF FUNDS)

10 For the Department of the Army, $233,353,000, to 

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

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

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

17 appropriation to other appropriations made available to 

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

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

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

22 of the funds transferred from this appropriation are not 

23 necessary for the purposes provided herein, such amounts 

24 may be transferred back to this appropriation: Provided 

25 further, That the transfer authority provided under this 


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1 heading is in addition to any other transfer authority pro2 vided elsewhere in this Act. 

3 OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

4 For expenses relating to the Overseas Humanitarian, 

5 Disaster, and Civic Aid programs of the Department of 

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

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

9 until September 30, 2016. 

10 COOPERATIVE THREAT REDUCTION ACCOUNT

11 For assistance to the republics of the former Soviet 

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

14 outside of the former Soviet Union, including assistance 

15 provided by contract or by grants, for facilitating the 

16 elimination and the safe and secure transportation and 

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

19 weapons components, and weapon-related technology and 

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

22 and protection of weapons, weapons components and 

23 weapons technology and expertise, and for defense and 

24 military contacts, $365,108,000, to remain available until 

25 September 30, 2017. 


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1 DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE

2 DEVELOPMENT FUND

3 For the Department of Defense Acquisition Work4 force Development Fund, $51,875,000. 

5 TITLE III 

6 PROCUREMENT 

7 AIRCRAFT PROCUREMENT, ARMY

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

10 ordnance, ground handling equipment, spare parts, and 

11 accessories therefor; specialized equipment and training 

12 devices; expansion of public and private plants, including 

13 the land necessary therefor, for the foregoing purposes, 

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

15 and construction prosecuted thereon prior to approval of 

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

18 reserve plant and Government and contractor-owned 

19 equipment layaway; and other expenses necessary for the 

20 foregoing purposes, $5,295,957,000, to remain available 

21 for obligation until September 30, 2017. 

22 MISSILE PROCUREMENT, ARMY

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

25 ordnance, ground handling equipment, spare parts, and 


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1 accessories therefor; specialized equipment and training 

2 devices; expansion of public and private plants, including 

3 the land necessary therefor, for the foregoing purposes, 

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

5 and construction prosecuted thereon prior to approval of 

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

8 reserve plant and Government and contractor-owned 

9 equipment layaway; and other expenses necessary for the 

10 foregoing purposes, $1,217,483,000, to remain available 

11 for obligation until September 30, 2017. 

12 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

13 VEHICLES, ARMY

14 For construction, procurement, production, and 

15 modification of weapons and tracked combat vehicles, 

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

18 expansion of public and private plants, including the land 

19 necessary therefor, for the foregoing purposes, and such 

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

22 procurement and installation of equipment, appliances, 

23 and machine tools in public and private plants; reserve 

24 plant and Government and contractor-owned equipment 

25 layaway; and other expenses necessary for the foregoing 


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1 purposes, $1,703,736,000, to remain available for obliga2 tion until September 30, 2017. 

3 PROCUREMENT OF AMMUNITION, ARMY

4 For construction, procurement, production, and 

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

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

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

16 for the foregoing purposes, $1,011,477,000, to remain 

17 available for obligation until September 30, 2017. 

18 OTHER PROCUREMENT, ARMY

19 For construction, procurement, production, and 

20 modification of vehicles, including tactical, support, and 

21 non-tracked combat vehicles; the purchase of passenger 

22 motor vehicles for replacement only; communications and 

23 electronic equipment; other support equipment; spare 

24 parts, ordnance, and accessories therefor; specialized 

25 equipment and training devices; expansion of public and 


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1 private plants, including the land necessary therefor, for 

2 the foregoing purposes, and such lands and interests 

3 therein, may be acquired, and construction prosecuted 

4 thereon prior to approval of title; and procurement and 

5 installation of equipment, appliances, and machine tools 

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

8 expenses necessary for the foregoing purposes, 

9 $4,812,234,000, to remain available for obligation until 

10 September 30, 2017. 

11 AIRCRAFT PROCUREMENT, NAVY

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

14 ordnance, spare parts, and accessories therefor; specialized 

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

18 thereon prior to approval of title; and procurement and 

19 installation of equipment, appliances, and machine tools 

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

22 $14,054,523,000, to remain available for obligation until 

23 September 30, 2017. 


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1 WEAPONS PROCUREMENT, NAVY

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

5 and accessories therefor; expansion of public and private 

6 plants, including the land necessary therefor, and such 

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

9 procurement and installation of equipment, appliances, 

10 and machine tools in public and private plants; reserve 

11 plant and Government and contractor-owned equipment 

12 layaway, $3,111,931,000, to remain available for obliga13 tion until September 30, 2017. 

14 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

15 CORPS

16 For construction, procurement, production, and 

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

21 and the land necessary therefor, for the foregoing pur22 poses, and such lands and interests therein, may be ac23 quired, and construction prosecuted thereon prior to ap24 proval of title; and procurement and installation of equip25 ment, appliances, and machine tools in public and private 


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

3 for the foregoing purposes, $629,372,000, to remain avail4 able for obligation until September 30, 2017. 

5 SHIPBUILDING AND CONVERSION, NAVY

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

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

12 long lead time components and designs for vessels to be 

13 constructed or converted in the future; and expansion of 

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

16 and construction prosecuted thereon prior to approval of 

17 title, as follows: 

18 Carrier Replacement Program, $1,289,425,000; 

19 Virginia Class Submarine, $3,507,175,000; 

20 Virginia Class Submarine (AP), 

21 $2,301,825,000; 

22 CVN Refueling Overhauls (AP), $491,100,000; 

23 DDG–1000 Program, $419,532,000; 

24 DDG–51 Destroyer, $2,655,785,000; 

25 DDG–51 Destroyer (AP), $134,039,000; 


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1 Littoral Combat Ship, $951,366,000; 

2 LPD–17 Amphibious Transport Dock, 

3 $12,565,000; 

4 LHA replacement (AP), $29,093,000; 

5 Moored Training Ship, $737,268,000; 

6 Moored Training Ship (AP), $64,388,000; 

7 LCAC Service Life Extension Program, 

8 $40,485,000; 

9 Outfitting, post delivery, conversions, and first 

10 destination transportation, $491,797,000; and 

11 Ship to Shore Connector, $123,233,000; 

12 For completion of Prior Year Shipbuilding Pro13 grams, $1,007,285,000. 

14 In all: $14,256,361,000, to remain available for obli15 gation until September 30, 2019: Provided, That addi16 tional obligations may be incurred after September 30, 

17 2019, for engineering services, tests, evaluations, and 

18 other such budgeted work that must be performed in the 

19 final stage of ship construction: Provided further, That 

20 none of the funds provided under this heading for the con21 struction or conversion of any naval vessel to be con22 structed in shipyards in the United States shall be ex23 pended in foreign facilities for the construction of major 

24 components of such vessel: Provided further, That none 

25 of the funds provided under this heading shall be used 


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1 for the construction of any naval vessel in foreign ship2 yards. 

3 OTHER PROCUREMENT, NAVY

4 For procurement, production, and modernization of 

5 support equipment and materials not otherwise provided 

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

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

8 of passenger motor vehicles for replacement only; expan9 sion of public and private plants, including the land nec10 essary therefor, and such lands and interests therein, may 

11 be acquired, and construction prosecuted thereon prior to 

12 approval of title; and procurement and installation of 

13 equipment, appliances, and machine tools in public and 

14 private plants; reserve plant and Government and con15 tractor-owned equipment layaway, $5,923,379,000, to re16 main available for obligation until September 30, 2017. 

17 PROCUREMENT, MARINE CORPS

18 For expenses necessary for the procurement, manu19 facture, and modification of missiles, armament, military 

20 equipment, spare parts, and accessories therefor; plant 

21 equipment, appliances, and machine tools, and installation 

22 thereof in public and private plants; reserve plant and 

23 Government and contractor-owned equipment layaway; ve24 hicles for the Marine Corps, including the purchase of pas25 senger motor vehicles for replacement only; and expansion 


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1 of public and private plants, including land necessary 

2 therefor, and such lands and interests therein, may be ac3 quired, and construction prosecuted thereon prior to ap4 proval of title, $927,232,000, to remain available for obli5 gation until September 30, 2017. 

6 AIRCRAFT PROCUREMENT, AIR FORCE

7 For construction, procurement, and modification of 

8 aircraft and equipment, including armor and armament, 

9 specialized ground handling equipment, and training de10 vices, spare parts, and accessories therefor; specialized 

11 equipment; expansion of public and private plants, Gov12 ernment-owned equipment and installation thereof in such 

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

14 the foregoing purposes, and such lands and interests 

15 therein, may be acquired, and construction prosecuted 

16 thereon prior to approval of title; reserve plant and Gov17 ernment and contractor-owned equipment layaway; and 

18 other expenses necessary for the foregoing purposes in19 cluding rents and transportation of things, 

20 $12,046,941,000, to remain available for obligation until 

21 September 30, 2017. 

22 MISSILE PROCUREMENT, AIR FORCE

23 For construction, procurement, and modification of 

24 missiles, spacecraft, rockets, and related equipment, in25 cluding spare parts and accessories therefor, ground hanVerDate Mar 15 2010 02:38 Jun 26, 2014 Jkt 039200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H4870.RFS H4870

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1 dling equipment, and training devices; expansion of public 

2 and private plants, Government-owned equipment and in3 stallation thereof in such plants, erection of structures, 

4 and acquisition of land, for the foregoing purposes, and 

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

6 construction prosecuted thereon prior to approval of title; 

7 reserve plant and Government and contractor-owned 

8 equipment layaway; and other expenses necessary for the 

9 foregoing purposes including rents and transportation of 

10 things, $4,546,211,000, to remain available for obligation 

11 until September 30, 2017. 

12 PROCUREMENT OF AMMUNITION, AIR FORCE

13 For construction, procurement, production, and 

14 modification of ammunition, and accessories therefor; spe15 cialized equipment and training devices; expansion of pub16 lic and private plants, including ammunition facilities, au17 thorized by section 2854 of title 10, United States Code, 

18 and the land necessary therefor, for the foregoing pur19 poses, and such lands and interests therein, may be ac20 quired, and construction prosecuted thereon prior to ap21 proval of title; and procurement and installation of equip22 ment, appliances, and machine tools in public and private 

23 plants; reserve plant and Government and contractor24 owned equipment layaway; and other expenses necessary 


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1 for the foregoing purposes, $648,200,000, to remain avail2 able for obligation until September 30, 2017. 

3 OTHER PROCUREMENT, AIR FORCE

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

6 and ground electronic and communication equipment), 

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

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

13 the foregoing purposes, and such lands and interests 

14 therein, may be acquired, and construction prosecuted 

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

17 $16,633,023,000 (increased by $6,000,000), to remain 

18 available for obligation until September 30, 2017. 

19 PROCUREMENT, DEFENSE-WIDE

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

22 necessary for procurement, production, and modification 

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

25 motor vehicles for replacement only; expansion of public 


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1 and private plants, equipment, and installation thereof in 

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

3 for the foregoing purposes, and such lands and interests 

4 therein, may be acquired, and construction prosecuted 

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

7 $4,358,121,000 (reduced by $5,000,000), to remain avail8 able for obligation until September 30, 2017. 

9 DEFENSE PRODUCTION ACT PURCHASES

10 For activities by the Department of Defense pursuant 

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

13 2093), $51,638,000, to remain available until expended. 

14 TITLE IV 

15 RESEARCH, DEVELOPMENT, TEST AND 

16 EVALUATION 

17 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

18 ARMY

19 For expenses necessary for basic and applied sci20 entific research, development, test and evaluation, includ21 ing maintenance, rehabilitation, lease, and operation of fa22 cilities and equipment, $6,720,000,000, to remain avail23 able for obligation until September 30, 2016. 


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1 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

2 NAVY

3 For expenses necessary for basic and applied sci4 entific research, development, test and evaluation, includ5 ing maintenance, rehabilitation, lease, and operation of fa6 cilities and equipment, $15,877,770,000, to remain avail7 able for obligation until September 30, 2016: Provided, 

8 That funds appropriated in this paragraph which are 

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

11 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

12 AIR FORCE

13 For expenses necessary for basic and applied sci14 entific research, development, test and evaluation, includ15 ing maintenance, rehabilitation, lease, and operation of fa16 cilities and equipment, $23,438,982,000 (reduced by 

17 $10,000,000) (increased by $10,000,000), to remain avail18 able for obligation until September 30, 2016. 

19 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

20 DEFENSE-WIDE

21 (INCLUDING TRANSFER OF FUNDS)

22 For expenses of activities and agencies of the Depart23 ment of Defense (other than the military departments), 

24 necessary for basic and applied scientific research, devel25 opment, test and evaluation; advanced research projects 


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1 as may be designated and determined by the Secretary 

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

3 lease, and operation of facilities and equipment, 

4 $17,077,900,000 (reduced by $10,000,000), to remain 

5 available for obligation until September 30, 2016: Pro6 vided, That of the funds made available in this paragraph, 

7 $250,000,000 for the Defense Rapid Innovation Program 

8 shall only be available for expenses, not otherwise provided 

9 for, to include program management and oversight, to 

10 conduct research, development, test and evaluation to in11 clude proof of concept demonstration; engineering, testing, 

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

13 Provided further, That the Secretary of Defense may 

14 transfer funds provided herein for the Defense Rapid In15 novation Program to appropriations for research, develop16 ment, test and evaluation to accomplish the purpose pro17 vided herein: Provided further, That this transfer author18 ity is in addition to any other transfer authority available 

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

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

21 to making transfers from this appropriation, notify the 

22 congressional defense committees in writing of the details 

23 of any such transfer. 


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1 OPERATIONAL TEST AND EVALUATION, DEFENSE

2 For expenses, not otherwise provided for, necessary 

3 for the independent activities of the Director, Operational 

4 Test and Evaluation, in the direction and supervision of 

5 operational test and evaluation, including initial oper6 ational test and evaluation which is conducted prior to, 

7 and in support of, production decisions; joint operational 

8 testing and evaluation; and administrative expenses in 

9 connection therewith, $248,238,000, to remain available 

10 for obligation until September 30, 2016. 

11 TITLE V 

12 REVOLVING AND MANAGEMENT FUNDS 

13 DEFENSE WORKING CAPITAL FUNDS

14 For the Defense Working Capital Funds, 

15 $1,334,468,000. 

16 TITLE VI 

17 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

18 DEFENSE HEALTH PROGRAM

19 For expenses, not otherwise provided for, for medical 

20 and health care programs of the Department of Defense 

21 as authorized by law, $31,634,870,000 (increased by 

22 $5,000,000) (increased by $500,000) (increased by 

23 $10,000,000) (increased by $3,000,000) (increased by 

24 $2,000,000) (increased by $10,000,000) (increased by 

25 $10,000,000) (increased by $5,000,000) (increased by 


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

2 $1,000,000) (reduced by $30,000,000) (increased by 

3 $30,000,000); of which $30,080,563,000 (increased by 

4 $3,000,000) (increased by $10,000,000) shall be for oper5 ation and maintenance, of which not to exceed one percent 

6 shall remain available for obligation until September 30, 

7 2016, and of which up to $14,582,044,000 may be avail8 able for contracts entered into under the TRICARE pro9 gram; of which $308,413,000, to remain available for obli10 gation until September 30, 2017, shall be for procure11 ment; and of which $1,245,894,000 (increased by 

12 $5,000,000) (increased by $500,000) (increased by 

13 $10,000,000) (increased by $2,000,000) (increased by 

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

15 $10,000,000) (reduced by $1,000,000) (increased by 

16 $1,000,000) (reduced by $30,000,000) (increased by 

17 $30,000,000), to remain available for obligation until Sep18 tember 30, 2016, shall be for research, development, test 

19 and evaluation: Provided, That, notwithstanding any other 

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

21 heading for research, development, test and evaluation, 

22 not less than $8,000,000 shall be available for HIV pre23 vention educational activities undertaken in connection 

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1 rican nations: Provided further, That of the funds provided 

2 under this heading for operation and maintenance, pro3 curement, and research, development, test and evaluation 

4 for the Interagency Program Office, the Defense 

5 Healthcare Management Systems Modernization 

6 (DHMSM) program, and the Defense Medical Informa7 tion Exchange, not more than 25 percent may be obligated 

8 until the Secretary of Defense submits to the Committees 

9 on Appropriations of the House of Representatives and the 

10 Senate, and such Committees approve, a plan for expendi11 ture that describes: (1) the status of the final request for 

12 proposal for DHMSM and how the program office used 

13 comments received from industry from draft requests for 

14 proposal to refine the final request for proposal; (2) any 

15 changes to the deployment timeline, including bench16 marks, for full operating capability; (3) any refinements 

17 to the cost estimate for full operating capability and the 

18 total life cycle cost of the project; (4) an assurance that 

19 the acquisition strategy will comply with the acquisition 

20 rules, requirements, guidelines, and systems acquisition 

21 management practices of the Federal Government; (5) the 

22 status of the effort to achieve interoperability between the 

23 electronic health record systems of the Department of De24 fense and the Department of Veterans Affairs, including 

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1 ards, and performance benchmarks of the interoperable 

2 record; and (6) the progress toward developing, imple3 menting, and fielding the interoperable electronic health 

4 record throughout the two Departments’ medical facilities. 

5 CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, 

6 DEFENSE

7 For expenses, not otherwise provided for, necessary 

8 for the destruction of the United States stockpile of lethal 

9 chemical agents and munitions in accordance with the pro10 visions of section 1412 of the Department of Defense Au11 thorization Act, 1986 (50 U.S.C. 1521), and for the de12 struction of other chemical warfare materials that are not 

13 in the chemical weapon stockpile, $828,868,000, of which 

14 $222,728,000 shall be for operation and maintenance, of 

15 which no less than $52,102,000 shall be for the Chemical 

16 Stockpile Emergency Preparedness Program, consisting of 

17 $21,016,000 for activities on military installations and 

18 $31,086,000, to remain available until September 30, 

19 2016, to assist State and local governments; $10,227,000 

20 shall be for procurement, to remain available until Sep21 tember 30, 2017, of which $3,225,000 shall be for the 

22 Chemical Stockpile Emergency Preparedness Program to 

23 assist State and local governments; and $595,913,000, to 

24 remain available until September 30, 2016, shall be for 

25 research, development, test and evaluation, of which 


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1 $575,808,000 shall only be for the Assembled Chemical 

2 Weapons Alternatives program. 

3 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

4 DEFENSE

5 (INCLUDING TRANSFER OF FUNDS)

6 For drug interdiction and counter-drug activities of 

7 the Department of Defense, for transfer to appropriations 

8 available to the Department of Defense for military per9 sonnel of the reserve components serving under the provi10 sions of title 10 and title 32, United States Code; for oper11 ation and maintenance; for procurement; and for research, 

12 development, test and evaluation, $944,687,000, of which 

13 $669,631,000 shall be for counter-narcotics support; 

14 $105,591,000 shall be for the drug demand reduction pro15 gram; and $169,465,000 shall be for the National Guard 

16 counter-drug program: Provided, That the funds appro17 priated under this heading shall be available for obligation 

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

19 appropriation to which transferred: Provided further, That 

20 upon a determination that all or part of the funds trans21 ferred from this appropriation are not necessary for the 

22 purposes provided herein, such amounts may be trans23 ferred back to this appropriation: Provided further, That 

24 the transfer authority provided under this heading is in 


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1 addition to any other transfer authority contained else2 where in this Act. 

3 JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND

4 (INCLUDING TRANSFER OF FUNDS)

5 For the ‘‘Joint Improvised Explosive Device Defeat 

6 Fund’’, $65,464,000, to remain available until September 

7 30, 2017: Provided, That such funds shall be available to 

8 the Secretary of Defense, notwithstanding any other provi9 sion of law, for the purpose of allowing the Director of 

10 the Joint Improvised Explosive Device Defeat Organiza11 tion to investigate, develop and provide equipment, sup12 plies, services, training, facilities, personnel and funds to 

13 assist United States forces in the defeat of improvised ex14 plosive devices: Provided further, That the Secretary of 

15 Defense may transfer funds provided herein to appropria16 tions for military personnel; operation and maintenance; 

17 procurement; research, development, test and evaluation; 

18 and defense working capital funds to accomplish the pur19 pose provided herein: Provided further, That this transfer 

20 authority is in addition to any other transfer authority 

21 available to the Department of Defense: Provided further, 

22 That the Secretary of Defense shall, not fewer than 15 

23 days prior to making transfers from this appropriation, 

24 notify the congressional defense committees in writing of 

25 the details of any such transfer. 


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1 OFFICE OF THE INSPECTOR GENERAL

2 For expenses and activities of the Office of the In3 spector General in carrying out the provisions of the In4 spector General Act of 1978, as amended, $311,830,000, 

5 of which $310,830,000 shall be for operation and mainte6 nance, of which not to exceed $700,000 is available for 

7 emergencies and extraordinary expenses to be expended on 

8 the approval or authority of the Inspector General, and 

9 payments may be made on the Inspector General’s certifi10 cate of necessity for confidential military purposes; and 

11 of which $1,000,000, to remain available until September 

12 30, 2017, shall be for procurement. 

13 SUPPORT FOR INTERNATIONAL SPORTING

14 COMPETITIONS

15 For logistical and security support for international 

16 sporting competitions (including pay and non-travel re17 lated allowances only for members of the Reserve Compo18 nents of the Armed Forces of the United States called or 

19 ordered to active duty in connection with providing such 

20 support), $10,000,000, to remain available until expended. 


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1 TITLE VII 

2 RELATED AGENCIES 

3 CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

4 DISABILITY SYSTEM FUND

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

7 proper funding level for continuing the operation of the 

8 Central Intelligence Agency Retirement and Disability 

9 System, $514,000,000. 

10 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

11 For necessary expenses of the Intelligence Commu12 nity Management Account, $501,194,000 (reduced by 

13 $2,000,000) (increased by $2,000,000). 

14 TITLE VIII 

15 GENERAL PROVISIONS 

16 SEC. 8001. No part of any appropriation contained 

17 in this Act shall be used for publicity or propaganda pur18 poses not authorized by the Congress. 

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

20 of law prohibiting the payment of compensation to, or em21 ployment of, any person not a citizen of the United States 

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

23 Provided, That salary increases granted to direct and indi24 rect hire foreign national employees of the Department of 

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


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1 of the percentage increase authorized by law for civilian 

2 employees of the Department of Defense whose pay is 

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

4 United States Code, or at a rate in excess of the percent5 age increase provided by the appropriate host nation to 

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

7 That this section shall not apply to Department of De8 fense foreign service national employees serving at United 

9 States diplomatic missions whose pay is set by the Depart10 ment of State under the Foreign Service Act of 1980: Pro11 vided further, That the limitations of this provision shall 

12 not apply to foreign national employees of the Department 

13 of Defense in the Republic of Turkey. 

14 SEC. 8003. No part of any appropriation contained 

15 in this Act shall remain available for obligation beyond 

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

17 SEC. 8004. No more than 20 percent of the appro18 priations in this Act which are limited for obligation dur19 ing the current fiscal year shall be obligated during the 

20 last 2 months of the fiscal year: Provided, That this sec21 tion shall not apply to obligations for support of active 

22 duty training of reserve components or summer camp 

23 training of the Reserve Officers’ Training Corps. 


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1 (TRANSFER OF FUNDS)

2 SEC. 8005. Upon determination by the Secretary of 

3 Defense that such action is necessary in the national inter4 est, he may, with the approval of the Office of Manage5 ment and Budget, transfer not to exceed $5,000,000,000 

6 of working capital funds of the Department of Defense 

7 or funds made available in this Act to the Department 

8 of Defense for military functions (except military con9 struction) between such appropriations or funds or any 

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

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

12 the appropriation or fund to which transferred: Provided, 

13 That such authority to transfer may not be used unless 

14 for higher priority items, based on unforeseen military re15 quirements, than those for which originally appropriated 

16 and in no case where the item for which funds are re17 quested has been denied by the Congress: Provided further, 

18 That the Secretary of Defense shall notify the Congress 

19 promptly of all transfers made pursuant to this authority 

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

21 no part of the funds in this Act shall be available to pre22 pare or present a request to the Committees on Appropria23 tions for reprogramming of funds, unless for higher pri24 ority items, based on unforeseen military requirements, 

25 than those for which originally appropriated and in no 


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1 case where the item for which reprogramming is requested 

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

3 a request for multiple reprogrammings of funds using au4 thority provided in this section shall be made prior to June 

5 30, 2015: Provided further, That transfers among military 

6 personnel appropriations shall not be taken into account 

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

8 may be transferred under this section. 

9 SEC. 8006. (a) With regard to the list of specific pro10 grams, projects, and activities (and the dollar amounts 

11 and adjustments to budget activities corresponding to 

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

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

14 in the explanatory statement regarding this Act, the obli15 gation and expenditure of amounts appropriated or other16 wise made available in this Act for those programs, 

17 projects, and activities for which the amounts appro18 priated exceed or are less than the amounts requested are 

19 hereby required by law to be carried out in the manner 

20 provided by such tables to the same extent as if the tables 

21 were included in the text of this Act. 

22 (b) Amounts specified in the referenced tables de23 scribed in subsection (a) shall not be treated as subdivi24 sions of appropriations for purposes of section 8005 of this 

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1 fers of the amounts described in subsection (a) occur be2 tween appropriation accounts. 

3 SEC. 8007. (a) Not later than 60 days after enact4 ment of this Act, the Department of Defense shall submit 

5 a report to the congressional defense committees to estab6 lish the baseline for application of reprogramming and 

7 transfer authorities for fiscal year 2015: Provided, That 

8 the report shall include— 

9 (1) a table for each appropriation with a sepa10 rate column to display the President’s budget re11 quest, adjustments made by Congress, adjustments 

12 due to enacted rescissions, if appropriate, and the 

13 fiscal year enacted level; 

14 (2) a delineation in the table for each appro15 priation both by budget activity and program, 

16 project, and activity as detailed in the Budget Ap17 pendix; and 

18 (3) an identification of items of special congres19 sional interest. 

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

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

22 reprogramming or transfer until the report identified in 

23 subsection (a) is submitted to the congressional defense 

24 committees, unless the Secretary of Defense certifies in 

25 writing to the congressional defense committees that such 


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1 reprogramming or transfer is necessary as an emergency 

2 requirement. 

3 (TRANSFER OF FUNDS)

4 SEC. 8008. During the current fiscal year, cash bal5 ances in working capital funds of the Department of De6 fense established pursuant to section 2208 of title 10, 

7 United States Code, may be maintained in only such 

8 amounts as are necessary at any time for cash disburse9 ments to be made from such funds: Provided, That trans10 fers may be made between such funds: Provided further, 

11 That transfers may be made between working capital 

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

13 appropriation and the ‘‘Operation and Maintenance’’ ap14 propriation accounts in such amounts as may be deter15 mined by the Secretary of Defense, with the approval of 

16 the Office of Management and Budget, except that such 

17 transfers may not be made unless the Secretary of Defense 

18 has notified the Congress of the proposed transfer. Except 

19 in amounts equal to the amounts appropriated to working 

20 capital funds in this Act, no obligations may be made 

21 against a working capital fund to procure or increase the 

22 value of war reserve material inventory, unless the Sec23 retary of Defense has notified the Congress prior to any 

24 such obligation. 


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

2 be used to initiate a special access program without prior 

3 notification 30 calendar days in advance to the congres4 sional defense committees. 

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

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

7 employs economic order quantity procurement in excess of 

8 $20,000,000 in any one year of the contract or that in9 cludes an unfunded contingent liability in excess of 

10 $20,000,000; or (2) a contract for advance procurement 

11 leading to a multiyear contract that employs economic 

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

13 any one year, unless the congressional defense committees 

14 have been notified at least 30 days in advance of the pro15 posed contract award: Provided, That no part of any ap16 propriation contained in this Act shall be available to ini17 tiate a multiyear contract for which the economic order 

18 quantity advance procurement is not funded at least to 

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

20 That no part of any appropriation contained in this Act 

21 shall be available to initiate multiyear procurement con22 tracts for any systems or component thereof if the value 

23 of the multiyear contract would exceed $500,000,000 un24 less specifically provided in this Act: Provided further, 

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1 nated without 10-day prior notification to the congres2 sional defense committees: Provided further, That the exe3 cution of multiyear authority shall require the use of a 

4 present value analysis to determine lowest cost compared 

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

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

7 contract executed after the date of the enactment of this 

8 Act unless in the case of any such contract— 

9 (1) the Secretary of Defense has submitted to 

10 Congress a budget request for full funding of units 

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

12 of a contract for procurement of aircraft, that in13 cludes, for any aircraft unit to be procured through 

14 the contract for which procurement funds are re15 quested in that budget request for production be16 yond advance procurement activities in the fiscal 

17 year covered by the budget, full funding of procure18 ment of such unit in that fiscal year; 

19 (2) cancellation provisions in the contract do 

20 not include consideration of recurring manufacturing 

21 costs of the contractor associated with the produc22 tion of unfunded units to be delivered under the con23 tract; 


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1 (3) the contract provides that payments to the 

2 contractor under the contract shall not be made in 

3 advance of incurred costs on funded units; and 

4 (4) the contract does not provide for a price ad5 justment based on a failure to award a follow-on 

6 contract. 

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

9 hereby appropriated pursuant to section 401 of title 10, 

10 United States Code, for humanitarian and civic assistance 

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

12 Such funds may also be obligated for humanitarian and 

13 civic assistance costs incidental to authorized operations 

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

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

19 providing humanitarian and similar assistance by using 

20 Civic Action Teams in the Trust Territories of the Pacific 

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

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

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1 ducted at Army medical facilities located in Hawaii, the 

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

4 facilities, on a nonreimbursable basis, for civilian patients 

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

7 States of Micronesia, Palau, and Guam. 

8 SEC. 8012. (a) During fiscal year 2015, the civilian 

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

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

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

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

15 (b) The fiscal year 2016 budget request for the De16 partment of Defense as well as all justification material 

17 and other documentation supporting the fiscal year 2016 

18 Department of Defense budget request shall be prepared 

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

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

21 year 2016. 

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

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

25 Department of Army Science and Technology Reinvention 


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1 Laboratories may not be managed on the basis of the 

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

4 consistent with the budget available with respect to such 

5 Laboratories. 

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

7 to military (civilian) technicians. 

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

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

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

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

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

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

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

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

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

22 active components of the Army. 

23 (TRANSFER OF FUNDS)

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

25 for the Department of Defense Pilot Mentor-Protege ProVerDate Mar 15 2010 02:38 Jun 26, 2014 Jkt 039200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\H4870.RFS H4870

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1 gram may be transferred to any other appropriation con2 tained in this Act solely for the purpose of implementing 

3 a Mentor-Protege Program developmental assistance 

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

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

7 authority of this provision or any other transfer authority 

8 contained in this Act. 

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

10 available for the purchase by the Department of Defense 

11 (and its departments and agencies) of welded shipboard 

12 anchor and mooring chain 4 inches in diameter and under 

13 unless the anchor and mooring chain are manufactured 

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

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

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

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

20 section substantially all of the components of anchor and 

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

23 components produced or manufactured in the United 

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1 vided further, That when adequate domestic supplies are 

2 not available to meet Department of Defense requirements 

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

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

6 on Appropriations that such an acquisition must be made 

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

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

11 year hereafter may be used to demilitarize or dispose of 

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

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

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

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

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

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1 striction on a case-by-case basis by certifying in writing 

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

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

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

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

8 or a subcontractor at any tier that makes a subcontract 

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

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

13 Code, shall be considered a contractor for the purposes 

14 of being allowed additional compensation under section 

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

16 1544) whenever the prime contract or subcontract amount 

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

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

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

22 to any Department of Defense acquisition of supplies or 

23 services, including any contract and any subcontract at 

24 any tier for acquisition of commercial items produced or 

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


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

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

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

4 of title 25, United States Code. 

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

6 Defense Media Activity shall not be used for any national 

7 or international political or psychological activities. 

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

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

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

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

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

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

19 Civil Air Patrol Corporation, of which— 

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

22 Air Patrol Corporation operation and maintenance, 

23 readiness, counter-drug activities, and drug demand 

24 reduction activities involving youth programs; 


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1 (2) $10,400,000 shall be available from ‘‘Air2 craft Procurement, Air Force’’; and 

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

4 Procurement, Air Force’’ for vehicle procurement. 

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

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

8 local government agencies. 

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

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

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

16 other nonprofit entities. 

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

18 Overseers, Advisory Group, Special Issues Panel, Visiting 

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

20 and no paid consultant to any defense FFRDC, except 

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

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

25 referred to previously in this subsection shall be allowed 


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1 travel expenses and per diem as authorized under the Fed2 eral Joint Travel Regulations, when engaged in the per3 formance of membership duties. 

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

5 of the funds available to the department from any source 

6 during fiscal year 2015 may be used by a defense FFRDC, 

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

9 projects funded by Government grants, for absorption of 

10 contract overruns, or for certain charitable contributions, 

11 not to include employee participation in community service 

12 and/or development. 

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

14 the funds available to the department during fiscal year 

15 2015, not more than 5,750 staff years of technical effort 

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

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

19 be funded for the defense studies and analysis FFRDCs: 

20 Provided further, That this subsection shall not apply to 

21 staff years funded in the National Intelligence Program 

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

23 (e) The Secretary of Defense shall, with the submis24 sion of the department’s fiscal year 2016 budget request, 

25 submit a report presenting the specific amounts of staff 


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1 years of technical effort to be allocated for each defense 

2 FFRDC during that fiscal year and the associated budget 

3 estimates. 

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

5 the total amount appropriated in this Act for FFRDCs 

6 is hereby reduced by $40,000,000. 

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

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

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

11 Defense which were not melted and rolled in the United 

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

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

15 or American Iron and Steel Institute (AISI) specifications 

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

17 That the Secretary of the military department responsible 

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

20 on Appropriations of the House of Representatives and the 

21 Senate that adequate domestic supplies are not available 

22 to meet Department of Defense requirements on a timely 

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

24 to acquire capability for national security purposes: Pro25 vided further, That these restrictions shall not apply to 


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1 contracts which are in being as of the date of the enact2 ment of this Act. 

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

4 ‘‘congressional defense committees’’ means the Armed 

5 Services Committee of the House of Representatives, the 

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

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

9 Committee on Appropriations of the House of Representa10 tives. 

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

13 maintenance and repair of aircraft, vehicles and vessels 

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

23 76 shall not apply to competitions conducted under this 

24 section. 


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

2 consultation with the United States Trade Representative, 

3 determines that a foreign country which is party to an 

4 agreement described in paragraph (2) has violated the 

5 terms of the agreement by discriminating against certain 

6 types of products produced in the United States that are 

7 covered by the agreement, the Secretary of Defense shall 

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

10 in that foreign country. 

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

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

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

16 in that country. 

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

19 purchases from foreign entities in fiscal year 2015. Such 

20 report shall separately indicate the dollar value of items 

21 for which the Buy American Act was waived pursuant to 

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

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

24 international agreement to which the United States is a 

25 party. 


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

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

3 States Code. 

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

5 contained in the Department of Defense Overseas Military 

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

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

9 be available until expended for the payments specified by 

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

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

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

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

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

16 Washington relocatable military housing units located at 

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

18 Mountain Home Air Force Base, Ellsworth Air Force 

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

20 needs of the Air Force. 

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

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

24 that are submitted to the Secretary by the Operation 

25 Walking Shield Program on behalf of Indian tribes located 


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1 in the States of Nevada, Idaho, North Dakota, South Da2 kota, Montana, Oregon, Minnesota, and Washington. Any 

3 such conveyance shall be subject to the condition that the 

4 housing units shall be removed within a reasonable period 

5 of time, as determined by the Secretary. 

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

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

10 (b). 

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

12 any recognized Indian tribe included on the current list 

13 published by the Secretary of the Interior under section 

14 104 of the Federally Recognized Indian Tribe Act of 1994 

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

16 1). 

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

19 for operation and maintenance may be used to purchase 

20 items having an investment item unit cost of not more 

21 than $250,000. 

22 SEC. 8031. (a) During the current fiscal year, none 

23 of the appropriations or funds available to the Department 

24 of Defense Working Capital Funds shall be used for the 

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1 ing a new inventory item for sale or anticipated sale dur2 ing the current fiscal year or a subsequent fiscal year to 

3 customers of the Department of Defense Working Capital 

4 Funds if such an item would not have been chargeable 

5 to the Department of Defense Business Operations Fund 

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

7 investment item would be chargeable during the current 

8 fiscal year to appropriations made to the Department of 

9 Defense for procurement. 

10 (b) The fiscal year 2016 budget request for the De11 partment of Defense as well as all justification material 

12 and other documentation supporting the fiscal year 2016 

13 Department of Defense budget shall be prepared and sub14 mitted to the Congress on the basis that any equipment 

15 which was classified as an end item and funded in a pro16 curement appropriation contained in this Act shall be 

17 budgeted for in a proposed fiscal year 2016 procurement 

18 appropriation and not in the supply management business 

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

20 Defense Working Capital Funds. 

21 SEC. 8032. None of the funds appropriated by this 

22 Act for programs of the Central Intelligence Agency shall 

23 remain available for obligation beyond the current fiscal 

24 year, except for funds appropriated for the Reserve for 

25 Contingencies, which shall remain available until SepVerDate Mar 15 2010 02:38 Jun 26, 2014 Jkt 039200 PO 00000 Frm 00062 Fmt 6652 Sfmt 6201 E:\BILLS\H4870.RFS H4870

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1 tember 30, 2016: Provided, That funds appropriated, 

2 transferred, or otherwise credited to the Central Intel3 ligence Agency Central Services Working Capital Fund 

4 during this or any prior or subsequent fiscal year shall 

5 remain available until expended: Provided further, That 

6 any funds appropriated or transferred to the Central Intel7 ligence Agency for advanced research and development ac8 quisition, for agent operations, and for covert action pro9 grams authorized by the President under section 503 of 

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

11 remain available until September 30, 2016. 

12 SEC. 8033. Notwithstanding any other provision of 

13 law, funds made available in this Act for the Defense In14 telligence Agency may be used for the design, develop15 ment, and deployment of General Defense Intelligence 

16 Program intelligence communications and intelligence in17 formation systems for the Services, the Unified and Speci18 fied Commands, and the component commands. 

19 SEC. 8034. Of the funds appropriated to the Depart20 ment of Defense under the heading ‘‘Operation and Main21 tenance, Defense-Wide’’, not less than $12,000,000 shall 

22 be made available only for the mitigation of environmental 

23 impacts, including training and technical assistance to 

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1 veloping a system for prioritization of mitigation and cost 

2 to complete estimates for mitigation, on Indian lands re3 sulting from Department of Defense activities. 

4 SEC. 8035. (a) None of the funds appropriated in this 

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

6 Defense unless the entity, in expending the funds, com7 plies with the Buy American Act. For purposes of this 

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

9 83 of title 41, United States Code. 

10 (b) If the Secretary of Defense determines that a per11 son has been convicted of intentionally affixing a label 

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

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

14 in America, the Secretary shall determine, in accordance 

15 with section 2410f of title 10, United States Code, wheth16 er the person should be debarred from contracting with 

17 the Department of Defense. 

18 (c) In the case of any equipment or products pur19 chased with appropriations provided under this Act, it is 

20 the sense of the Congress that any entity of the Depart21 ment of Defense, in expending the appropriation, purchase 

22 only American-made equipment and products, provided 

23 that American-made equipment and products are cost24 competitive, quality competitive, and available in a timely 

25 fashion. 


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1 SEC. 8036. None of the funds appropriated by this 

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

3 or consulting services entered into without competition on 

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

5 activity responsible for the procurement determines— 

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

7 only one source is found fully qualified to perform 

8 the proposed work; 

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

10 unsolicited proposal which offers significant sci11 entific or technological promise, represents the prod12 uct of original thinking, and was submitted in con13 fidence by one source; or 

14 (3) the purpose of the contract is to take ad15 vantage of unique and significant industrial accom16 plishment by a specific concern, or to insure that a 

17 new product or idea of a specific concern is given fi18 nancial support: Provided, That this limitation shall 

19 not apply to contracts in an amount of less than 

20 $25,000, contracts related to improvements of equip21 ment that is in development or production, or con22 tracts as to which a civilian official of the Depart23 ment of Defense, who has been confirmed by the 

24 Senate, determines that the award of such contract 

25 is in the interest of the national defense. 


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1 SEC. 8037. (a) Except as provided in subsections (b) 

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

3 be used— 

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

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

6 Armed Forces or civilian employee of the depart7 ment who is transferred or reassigned from a head8 quarters activity if the member or employee’s place 

9 of duty remains at the location of that headquarters. 

10 (b) The Secretary of Defense or Secretary of a mili11 tary department may waive the limitations in subsection 

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

13 and certifies to the Committees on Appropriations of the 

14 House of Representatives and the Senate that the grant15 ing of the waiver will reduce the personnel requirements 

16 or the financial requirements of the department. 

17 (c) This section does not apply to— 

18 (1) field operating agencies funded within the 

19 National Intelligence Program; 

20 (2) an Army field operating agency established 

21 to eliminate, mitigate, or counter the effects of im22 provised explosive devices, and, as determined by the 

23 Secretary of the Army, other similar threats; 

24 (3) an Army field operating agency established 

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1 metric activities and to integrate common biometric 

2 technologies throughout the Department of Defense; 

3 or 

4 (4) an Air Force field operating agency estab5 lished to administer the Air Force Mortuary Affairs 

6 Program and Mortuary Operations for the Depart7 ment of Defense and authorized Federal entities. 

8 SEC. 8038. (a) None of the funds appropriated by 

9 this Act shall be available to convert to contractor per10 formance an activity or function of the Department of De11 fense that, on or after the date of the enactment of this 

12 Act, is performed by Department of Defense civilian em13 ployees unless— 

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

15 public-private competition that includes a most effi16 cient and cost effective organization plan developed 

17 by such activity or function; 

18 (2) the Competitive Sourcing Official deter19 mines that, over all performance periods stated in 

20 the solicitation of offers for performance of the ac21 tivity or function, the cost of performance of the ac22 tivity or function by a contractor would be less costly 

23 to the Department of Defense by an amount that 

24 equals or exceeds the lesser of— 


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1 (A) 10 percent of the most efficient organi2 zation’s personnel-related costs for performance 

3 of that activity or function by Federal employ4 ees; or 

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

6 (3) the contractor does not receive an advan7 tage for a proposal that would reduce costs for the 

8 Department of Defense by— 

9 (A) not making an employer-sponsored 

10 health insurance plan available to the workers 

11 who are to be employed in the performance of 

12 that activity or function under the contract; or 

13 (B) offering to such workers an employer14 sponsored health benefits plan that requires the 

15 employer to contribute less towards the pre16 mium or subscription share than the amount 

17 that is paid by the Department of Defense for 

18 health benefits for civilian employees under 

19 chapter 89 of title 5, United States Code. 

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

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

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

23 notwithstanding any administrative regulation, require24 ment, or policy to the contrary shall have full authority 

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1 mercial or industrial type function of the Department of 

2 Defense that— 

3 (A) is included on the procurement list estab4 lished pursuant to section 2 of the Javits-Wagner5 O’Day Act (section 8503 of title 41, United States 

6 Code); 

7 (B) is planned to be converted to performance 

8 by a qualified nonprofit agency for the blind or by 

9 a qualified nonprofit agency for other severely handi10 capped individuals in accordance with that Act; or 

11 (C) is planned to be converted to performance 

12 by a qualified firm under at least 51 percent owner13 ship by an Indian tribe, as defined in section 4(e) 

14 of the Indian Self-Determination and Education As15 sistance Act (25 U.S.C. 450b(e)), or a Native Ha16 waiian Organization, as defined in section 8(a)(15) 

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

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

19 or contracts for depot maintenance as provided in sections 

20 2469 and 2474 of title 10, United States Code. 

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

22 Department of Defense under the authority provided by 

23 this section shall be credited toward any competitive or 

24 outsourcing goal, target, or measurement that may be es25 tablished by statute, regulation, or policy and is deemed 


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

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

3 States Code, for the competition or outsourcing of com4 mercial activities. 

5 (RESCISSIONS)

6 SEC. 8039. Of the funds appropriated in Department 

7 of Defense Appropriations Acts, the following funds are 

8 hereby rescinded from the following accounts and pro9 grams in the specified amounts: 

10 ‘‘Aircraft Procurement, Army’’, 2013/2015, 

11 $27,000,000; 

12 ‘‘Weapons and Tracked Combat Vehicles, 

13 Army’’, 2013/2015, $5,000,000; 

14 ‘‘Other Procurement, Army’’, 2013/2015, 

15 $30,000,000; 

16 ‘‘Aircraft Procurement, Navy’’, 2013/2015, 

17 $47,200,000; 

18 ‘‘Weapons Procurement, Navy’’, 2013/2015, 

19 $27,000,000; 

20 ‘‘Aircraft Procurement, Air Force’’, 2013/2015, 

21 $71,100,000; 

22 ‘‘Missile Procurement, Air Force’’, 2013/2015, 

23 $13,800,000; 

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

25 $200,000,000; 


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

2 $171,622,000; 

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

4 $91,436,000; 

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

6 $1,505,000; 

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

8 $47,400,000; 

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

10 $121,185,000; 

11 ‘‘Research, Development, Test and Evaluation, 

12 Army’’, 2014/2015, $5,000,000; and 

13 ‘‘Research, Development, Test and Evaluation, 

14 Navy’’, 2014/2015, $105,400,000: 

15 Provided, That no amounts may be canceled from amounts 

16 that were designated by the Congress for Overseas Contin17 gency Operations/Global War on Terrorism or as an emer18 gency requirement pursuant to the Concurrent Resolution 

19 on the Budget or the Balanced Budget and Emergency 

20 Deficit Control Act of 1985, as amended. 

21 SEC. 8040. None of the funds available in this Act 

22 may be used to reduce the authorized positions for mili23 tary technicians (dual status) of the Army National 

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

25 Reserve for the purpose of applying any administratively 


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1 imposed civilian personnel ceiling, freeze, or reduction on 

2 military technicians (dual status), unless such reductions 

3 are a direct result of a reduction in military force struc4 ture. 

5 SEC. 8041. None of the funds appropriated or other6 wise made available in this Act may be obligated or ex7 pended for assistance to the Democratic People’s Republic 

8 of Korea unless specifically appropriated for that purpose. 

9 SEC. 8042. Funds appropriated in this Act for oper10 ation and maintenance of the Military Departments, Com11 batant Commands and Defense Agencies shall be available 

12 for reimbursement of pay, allowances and other expenses 

13 which would otherwise be incurred against appropriations 

14 for the National Guard and Reserve when members of the 

15 National Guard and Reserve provide intelligence or coun16 terintelligence support to Combatant Commands, Defense 

17 Agencies and Joint Intelligence Activities, including the 

18 activities and programs included within the National Intel19 ligence Program and the Military Intelligence Program: 

20 Provided, That nothing in this section authorizes deviation 

21 from established Reserve and National Guard personnel 

22 and training procedures. 

23 SEC. 8043. During the current fiscal year, none of 

24 the funds appropriated in this Act may be used to reduce 

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1 signed to military treatment facilities below the September 

2 30, 2003, level: Provided, That the Service Surgeons Gen3 eral may waive this section by certifying to the congres4 sional defense committees that the beneficiary population 

5 is declining in some catchment areas and civilian strength 

6 reductions may be consistent with responsible resource 

7 stewardship and capitation-based budgeting. 

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

9 Department of Defense for any fiscal year for drug inter10 diction or counter-drug activities may be transferred to 

11 any other department or agency of the United States ex12 cept as specifically provided in an appropriations law. 

13 (b) None of the funds available to the Central Intel14 ligence Agency for any fiscal year for drug interdiction or 

15 counter-drug activities may be transferred to any other de16 partment or agency of the United States except as specifi17 cally provided in an appropriations law. 

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

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

20 bearings other than those produced by a domestic source 

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

22 the military department responsible for such procurement 

23 may waive this restriction on a case-by-case basis by certi24 fying in writing to the Committees on Appropriations of 

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1 quate domestic supplies are not available to meet Depart2 ment of Defense requirements on a timely basis and that 

3 such an acquisition must be made in order to acquire ca4 pability for national security purposes: Provided further, 

5 That this restriction shall not apply to the purchase of 

6 ‘‘commercial items’’, as defined by section 4(12) of the 

7 Office of Federal Procurement Policy Act, except that the 

8 restriction shall apply to ball or roller bearings purchased 

9 as end items. 

10 SEC. 8046. None of the funds in this Act may be 

11 used to purchase any supercomputer which is not manu12 factured in the United States, unless the Secretary of De13 fense certifies to the congressional defense committees 

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

15 capability for national security purposes that is not avail16 able from United States manufacturers. 

17 SEC. 8047. None of the funds made available in this 

18 or any other Act may be used to pay the salary of any 

19 officer or employee of the Department of Defense who ap20 proves or implements the transfer of administrative re21 sponsibilities or budgetary resources of any program, 

22 project, or activity financed by this Act to the jurisdiction 

23 of another Federal agency not financed by this Act with24 out the express authorization of Congress: Provided, That 

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1 pressly provided for in Defense Appropriations Acts, or 

2 provisions of Acts providing supplemental appropriations 

3 for the Department of Defense. 

4 SEC. 8048. (a) Notwithstanding any other provision 

5 of law, none of the funds available to the Department of 

6 Defense for the current fiscal year may be obligated or 

7 expended to transfer to another nation or an international 

8 organization any defense articles or services (other than 

9 intelligence services) for use in the activities described in 

10 subsection (b) unless the congressional defense commit11 tees, the Committee on Foreign Affairs of the House of 

12 Representatives, and the Committee on Foreign Relations 

13 of the Senate are notified 15 days in advance of such 

14 transfer. 

15 (b) This section applies to— 

16 (1) any international peacekeeping or peace-en17 forcement operation under the authority of chapter 

18 VI or chapter VII of the United Nations Charter 

19 under the authority of a United Nations Security 

20 Council resolution; and 

21 (2) any other international peacekeeping, peace22 enforcement, or humanitarian assistance operation. 

23 (c) A notice under subsection (a) shall include the 

24 following: 


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1 (1) A description of the equipment, supplies, or 

2 services to be transferred. 

3 (2) A statement of the value of the equipment, 

4 supplies, or services to be transferred. 

5 (3) In the case of a proposed transfer of equip6 ment or supplies— 

7 (A) a statement of whether the inventory 

8 requirements of all elements of the Armed 

9 Forces (including the reserve components) for 

10 the type of equipment or supplies to be trans11 ferred have been met; and 

12 (B) a statement of whether the items pro13 posed to be transferred will have to be replaced 

14 and, if so, how the President proposes to pro15 vide funds for such replacement. 

16 SEC. 8049. None of the funds available to the De17 partment of Defense under this Act shall be obligated or 

18 expended to pay a contractor under a contract with the 

19 Department of Defense for costs of any amount paid by 

20 the contractor to an employee when— 

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

22 excess of the normal salary paid by the contractor 

23 to the employee; and 

24 (2) such bonus is part of restructuring costs as25 sociated with a business combination. 


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1 (INCLUDING TRANSFER OF FUNDS)

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

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

4 under the heading ‘‘Operation and Maintenance, Defense5 Wide’’ may be transferred to appropriations available for 

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

7 be available for the same time period as the appropriations 

8 to which transferred, to be used in support of such per9 sonnel in connection with support and services for eligible 

10 organizations and activities outside the Department of De11 fense pursuant to section 2012 of title 10, United States 

12 Code. 

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

14 of an appropriation account of the Department of Defense 

15 for which the period of availability for obligation has ex16 pired or which has closed under the provisions of section 

17 1552 of title 31, United States Code, and which has a 

18 negative unliquidated or unexpended balance, an obliga19 tion or an adjustment of an obligation may be charged 

20 to any current appropriation account for the same purpose 

21 as the expired or closed account if— 

22 (1) the obligation would have been properly 

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

24 closed account before the end of the period of avail25 ability or closing of that account; 


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1 (2) the obligation is not otherwise properly 

2 chargeable to any current appropriation account of 

3 the Department of Defense; and 

4 (3) in the case of an expired account, the obli5 gation is not chargeable to a current appropriation 

6 of the Department of Defense under the provisions 

7 of section 1405(b)(8) of the National Defense Au8 thorization Act for Fiscal Year 1991, Public Law 

9 101–510, as amended (31 U.S.C. 1551 note): Pro10 vided, That in the case of an expired account, if sub11 sequent review or investigation discloses that there 

12 was not in fact a negative unliquidated or unex13 pended balance in the account, any charge to a cur14 rent account under the authority of this section shall 

15 be reversed and recorded against the expired ac16 count: Provided further, That the total amount 

17 charged to a current appropriation under this sec18 tion may not exceed an amount equal to 1 percent 

19 of the total appropriation for that account. 

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

21 of law, the Chief of the National Guard Bureau may per22 mit the use of equipment of the National Guard Distance 

23 Learning Project by any person or entity on a space-avail24 able, reimbursable basis. The Chief of the National Guard 


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1 Bureau shall establish the amount of reimbursement for 

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

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

4 credited to funds available for the National Guard Dis5 tance Learning Project and be available to defray the costs 

6 associated with the use of equipment of the project under 

7 that subsection. Such funds shall be available for such 

8 purposes without fiscal year limitation. 

9 SEC. 8053. Using funds made available by this Act 

10 or any other Act, the Secretary of the Air Force, pursuant 

11 to a determination under section 2690 of title 10, United 

12 States Code, may implement cost-effective agreements for 

13 required heating facility modernization in the 

14 Kaiserslautern Military Community in the Federal Repub15 lic of Germany: Provided, That in the City of 

16 Kaiserslautern and at the Rhine Ordnance Barracks area, 

17 such agreements will include the use of United States an18 thracite as the base load energy for municipal district heat 

19 to the United States Defense installations: Provided fur20 ther, That at Landstuhl Army Regional Medical Center 

21 and Ramstein Air Base, furnished heat may be obtained 

22 from private, regional or municipal services, if provisions 

23 are included for the consideration of United States coal 

24 as an energy source. 


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1 SEC. 8054. None of the funds appropriated in title 

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

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

6 prototyping, and test activities preceding and leading to 

7 acceptance for operational use: Provided further, That this 

8 restriction does not apply to programs funded within the 

9 National Intelligence Program: Provided further, That the 

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

12 on Appropriations of the House of Representatives and the 

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

14 so. 

15 SEC. 8055. (a) The Secretary of Defense may, on a 

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

17 each limitation on the procurement of defense items from 

18 foreign sources provided in law if the Secretary determines 

19 that the application of the limitation with respect to that 

20 country would invalidate cooperative programs entered 

21 into between the Department of Defense and the foreign 

22 country, or would invalidate reciprocal trade agreements 

23 for the procurement of defense items entered into under 

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

25 country does not discriminate against the same or similar 


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1 defense items produced in the United States for that coun2 try. 

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

4 (1) contracts and subcontracts entered into on 

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

6 (2) options for the procurement of items that 

7 are exercised after such date under contracts that 

8 are entered into before such date if the option prices 

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

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

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

15 Schedule and products classified under headings 4010, 

16 4202, 4203, 6401 through 6406, 6505, 7019, 7218 

17 through 7229, 7304.41 through 7304.49, 7306.40, 7502 

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

19 SEC. 8056. (a) IN GENERAL.—(1) None of the funds 

20 made available by this Act may be used for any training, 

21 equipment, or other assistance for the members of a unit 

22 of a foreign security force if the Secretary of Defense has 

23 credible information that the unit has committed a gross 

24 violation of human rights. 


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1 (2) The Secretary of Defense, in consultation 

2 with the Secretary of State, shall ensure that prior 

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

4 other assistance to a unit of a foreign security force 

5 full consideration is given to any credible informa6 tion available to the Department of State relating to 

7 human rights violations by such unit. 

8 (b) EXCEPTION.—The prohibition in subsection 

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

10 consultation with the Secretary of State, determines that 

11 the government of such country has taken all necessary 

12 corrective steps, or if the equipment or other assistance 

13 is necessary to assist in disaster relief operations or other 

14 humanitarian or national security emergencies. 

15 (c) WAIVER.—The Secretary of Defense, after con16 sultation with the Secretary of State, may waive the prohi17 bition in subsection (a)(1) if the Secretary of Defense de18 termines that such waiver is required by extraordinary cir19 cumstances. 

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

21 establish, and periodically update, procedures to ensure 

22 that any information in the possession of the Department 

23 of Defense about gross violations of human rights by units 

24 of foreign security forces is shared on a timely basis with 

25 the Department of State. 


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1 (e) REPORT.—Not more than 15 days after the appli2 cation of any exception under subsection (b) or the exer3 cise of any waiver under subsection (c), the Secretary of 

4 Defense shall submit to the appropriate congressional 

5 committees a report— 

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

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

8 stating the grounds for the exception; and 

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

10 describing the information relating to the gross vio11 lation of human rights; the extraordinary or other 

12 circumstances that necessitate the waiver; the pur13 pose and duration of the training, equipment, or 

14 other assistance; and the United States forces and 

15 the foreign security force unit involved. 

16 (f) DEFINITION.—For purposes of this section the 

17 term ‘‘appropriate congressional committees’’ means the 

18 congressional defense committees and the Committees on 

19 Appropriations. 

20 SEC. 8057. None of the funds appropriated or other21 wise made available by this or other Department of De22 fense Appropriations Acts may be obligated or expended 

23 for the purpose of performing repairs or maintenance to 

24 military family housing units of the Department of De25 fense, including areas in such military family housing 


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1 units that may be used for the purpose of conducting offi2 cial Department of Defense business. 

3 SEC. 8058. Notwithstanding any other provision of 

4 law, funds appropriated in this Act under the heading 

5 ‘‘Research, Development, Test and Evaluation, Defense6 Wide’’ for any new start advanced concept technology 

7 demonstration project or joint capability demonstration 

8 project may only be obligated 45 days after a report, in9 cluding a description of the project, the planned acquisi10 tion and transition strategy and its estimated annual and 

11 total cost, has been provided in writing to the congres12 sional defense committees: Provided, That the Secretary 

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

14 basis by certifying to the congressional defense committees 

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

16 SEC. 8059. The Secretary of Defense shall provide 

17 a classified quarterly report beginning 30 days after enact18 ment of this Act, to the House and Senate Appropriations 

19 Committees, Subcommittees on Defense on certain mat20 ters as directed in the classified annex accompanying this 

21 Act. 

22 SEC. 8060. During the current fiscal year, none of 

23 the funds available to the Department of Defense may be 

24 used to provide support to another department or agency 

25 of the United States if such department or agency is more 


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1 than 90 days in arrears in making payment to the Depart2 ment of Defense for goods or services previously provided 

3 to such department or agency on a reimbursable basis: 

4 Provided, That this restriction shall not apply if the de5 partment is authorized by law to provide support to such 

6 department or agency on a nonreimbursable basis, and is 

7 providing the requested support pursuant to such author8 ity: Provided further, That the Secretary of Defense may 

9 waive this restriction on a case-by-case basis by certifying 

10 in writing to the Committees on Appropriations of the 

11 House of Representatives and the Senate that it is in the 

12 national security interest to do so. 

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

14 10, United States Code, a Reserve who is a member of 

15 the National Guard serving on full-time National Guard 

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

17 may perform duties in support of the ground-based ele18 ments of the National Ballistic Missile Defense System. 

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

20 may be used to transfer to any nongovernmental entity 

21 ammunition held by the Department of Defense that has 

22 a center-fire cartridge and a United States military no23 menclature designation of ‘‘armor penetrator’’, ‘‘armor 

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

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


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1 entity performing demilitarization services for the Depart2 ment of Defense under a contract that requires the entity 

3 to demonstrate to the satisfaction of the Department of 

4 Defense that armor piercing projectiles are either: (1) ren5 dered incapable of reuse by the demilitarization process; 

6 or (2) used to manufacture ammunition pursuant to a con7 tract with the Department of Defense or the manufacture 

8 of ammunition for export pursuant to a License for Per9 manent Export of Unclassified Military Articles issued by 

10 the Department of State. 

11 SEC. 8063. Notwithstanding any other provision of 

12 law, the Chief of the National Guard Bureau, or his des13 ignee, may waive payment of all or part of the consider14 ation that otherwise would be required under section 2667 

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

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

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

18 United States Code, or any other youth, social, or fra19 ternal nonprofit organization as may be approved by the 

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

21 a case-by-case basis. 

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

23 Act shall be used for the support of any nonappropriated 

24 funds activity of the Department of Defense that procures 

25 malt beverages and wine with nonappropriated funds for 


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1 resale (including such alcoholic beverages sold by the 

2 drink) on a military installation located in the United 

3 States unless such malt beverages and wine are procured 

4 within that State, or in the case of the District of Colum5 bia, within the District of Columbia, in which the military 

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

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

8 purchases may be made in any State in which the installa9 tion is located: Provided further, That such local procure10 ment requirements for malt beverages and wine shall 

11 apply to all alcoholic beverages only for military installa12 tions in States which are not contiguous with another 

13 State: Provided further, That alcoholic beverages other 

14 than wine and malt beverages, in contiguous States and 

15 the District of Columbia shall be procured from the most 

16 competitive source, price and other factors considered. 

17 (INCLUDING TRANSFER OF FUNDS)

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

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

20 $106,189,900 shall remain available until expended: Pro21 vided, That notwithstanding any other provision of law, 

22 the Secretary of Defense is authorized to transfer such 

23 funds to other activities of the Federal Government: Pro24 vided further, That the Secretary of Defense is authorized 

25 to enter into and carry out contracts for the acquisition 


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1 of real property, construction, personal services, and oper2 ations related to projects carrying out the purposes of this 

3 section: Provided further, That contracts entered into 

4 under the authority of this section may provide for such 

5 indemnification as the Secretary determines to be nec6 essary: Provided further, That projects authorized by this 

7 section shall comply with applicable Federal, State, and 

8 local law to the maximum extent consistent with the na9 tional security, as determined by the Secretary of Defense. 

10 SEC. 8066. Section 8106 of the Department of De11 fense Appropriations Act, 1997 (titles I through VIII of 

12 the matter under subsection 101(b) of Public Law 104– 

13 208; 110 Stat. 3009–111; 10 U.S.C. 113 note) shall con14 tinue in effect to apply to disbursements that are made 

15 by the Department of Defense in fiscal year 2015. 

16 (INCLUDING TRANSFER OF FUNDS)

17 SEC. 8067. During the current fiscal year, not to ex18 ceed $200,000,000 from funds available under ‘‘Operation 

19 and Maintenance, Defense-Wide’’ may be transferred to 

20 the Department of State ‘‘Global Security Contingency 

21 Fund’’: Provided, That this transfer authority is in addi22 tion to any other transfer authority available to the De23 partment of Defense: Provided further, That the Secretary 

24 of Defense shall, not fewer than 30 days prior to making 

25 transfers to the Department of State ‘‘Global Security 


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1 Contingency Fund’’, notify the congressional defense com2 mittees in writing with the source of funds and a detailed 

3 justification, execution plan, and timeline for each pro4 posed project. 

5 SEC. 8068. In addition to amounts provided else6 where in this Act, $4,000,000 (increased by $16,000,000) 

7 is hereby appropriated to the Department of Defense, to 

8 remain available for obligation until expended: Provided, 

9 That notwithstanding any other provision of law, that 

10 upon the determination of the Secretary of Defense that 

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

12 available only for a grant to the Fisher House Foundation, 

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

14 Fisher Houses to meet the needs of military family mem15 bers when confronted with the illness or hospitalization of 

16 an eligible military beneficiary. 

17 (INCLUDING TRANSFER OF FUNDS)

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

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

20 ‘‘Research, Development, Test and Evaluation, Defense21 Wide’’, $619,814,000 shall be for the Israeli Cooperative 

22 Programs: Provided, That of this amount, $350,972,000 

23 shall be for the Secretary of Defense to provide to the Gov24 ernment of Israel for the procurement of the Iron Dome 

25 defense system to counter short-range rocket threats; 


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1 $137,934,000 shall be for the Short Range Ballistic Mis2 sile Defense (SRBMD) program, including cruise missile 

3 defense research and development under the SRBMD pro4 gram; $74,707,000 shall be for an upper-tier component 

5 to the Israeli Missile Defense Architecture; and 

6 $56,201,000 shall be for the Arrow System Improvement 

7 Program including development of a long range, ground 

8 and airborne, detection suite: Provided further, That funds 

9 made available under this provision for production of mis10 siles and missile components may be transferred to appro11 priations available for the procurement of weapons and 

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

13 same time period and the same purposes as the appropria14 tion to which transferred: Provided further, That the 

15 transfer authority provided under this provision is in addi16 tion to any other transfer authority contained in this Act. 

17 SEC. 8070. None of the funds available to the De18 partment of Defense may be obligated to modify command 

19 and control relationships to give Fleet Forces Command 

20 operational and administrative control of United States 

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

22 the command and control relationships which existed on 

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

24 specifically authorized in a subsequent Act: Provided furVerDate Mar 15 2010 02:38 Jun 26, 2014 Jkt 039200 PO 00000 Frm 00090 Fmt 6652 Sfmt 6201 E:\BILLS\H4870.RFS H4870

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1 ther, That this section does not apply to administrative 

2 control of Navy Air and Missile Defense Command. 

3 (INCLUDING TRANSFER OF FUNDS)

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

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

6 $1,007,285,000 shall be available until September 30, 

7 2015, to fund prior year shipbuilding cost increases: Pro8 vided, That upon enactment of this Act, the Secretary of 

9 the Navy shall transfer funds to the following appropria10 tions in the amounts specified: Provided further, That the 

11 amounts transferred shall be merged with and be available 

12 for the same purposes as the appropriations to which 

13 transferred to: 

14 (1) Under the heading ‘‘Shipbuilding and Con15 version, Navy’’, 2008/2015: Carrier Replacement 

16 Program $663,000,000; 

17 (2) Under the heading ‘‘Shipbuilding and Con18 version, Navy’’, 2009/2015: LPD–17 Amphibious 

19 Transport Dock Program $54,096,000; 

20 (3) Under the heading ‘‘Shipbuilding and Con21 version, Navy’’, 2010/2015: DDG–51 Destroyer 

22 $65,771,000; 

23 (4) Under the heading ‘‘Shipbuilding and Con24 version, Navy’’, 2010/2015: Littoral Combat Ship 

25 $51,345,000; 


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1 (5) Under the heading ‘‘Shipbuilding and Con2 version, Navy’’, 2011/2015: DDG–51 Destroyer 

3 $63,373,000; 

4 (6) Under the heading ‘‘Shipbuilding and Con5 version, Navy’’, 2011/2015: Littoral Combat Ship 

6 $41,700,000; 

7 (7) Under the heading ‘‘Shipbuilding and Con8 version, Navy’’, 2011/2015: Joint High Speed Vessel 

9 $9,340,000; 

10 (8) Under the heading ‘‘Shipbuilding and Con11 version, Navy’’, 2012/2015: CVN Refueling Over12 hauls Program $54,000,000; 

13 (9) Under the heading ‘‘Shipbuilding and Con14 version, Navy’’, 2012/2015: Joint High Speed Vessel 

15 $2,620,000; and 

16 (10) Under the heading ‘‘Shipbuilding and Con17 version, Navy’’, 2013/2015: Joint High Speed Vessel 

18 $2,040,000. 

19 SEC. 8072. 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 2015 until the enactment of the Intelligence Author25 ization Act for Fiscal Year 2015. 


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1 SEC. 8073. 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. 8074. The budget of the President for fiscal 

9 year 2016 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. 8075. 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. 8076. In addition to the amounts appropriated 

12 or otherwise made available elsewhere in this Act, 

13 $44,000,000 is hereby appropriated to the Department of 

14 Defense: Provided, That upon the determination of the 

15 Secretary of Defense that it shall serve the national inter16 est, the Secretary shall make grants in the amounts speci17 fied as follows: $20,000,000 to the United Service Organi18 zations and $24,000,000 to the Red Cross. 

19 SEC. 8077. None of the funds appropriated or made 

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

21 the operation of the 53rd Weather Reconnaissance Squad22 ron of the Air Force Reserve, if such action would reduce 

23 the WC–130 Weather Reconnaissance mission below the 

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

25 shall allow the 53rd Weather Reconnaissance Squadron to 


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1 perform other missions in support of national defense re2 quirements during the non-hurricane season. 

3 SEC. 8078. None of the funds provided in this Act 

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

8 pertaining to United States persons shall only be handled 

9 in accordance with protections provided in the Fourth 

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

12 SEC. 8079. (a) At the time members of reserve com13 ponents of the Armed Forces are called or ordered to ac14 tive duty under section 12302(a) of title 10, United States 

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

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

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

20 national security emergency or to meet dire operational 

21 requirements of the Armed Forces. 

22 SEC. 8080. For purposes of section 7108 of title 41, 

23 United States Code, any subdivision of appropriations 

24 made under the heading ‘‘Shipbuilding and Conversion, 

25 Navy’’ that is not closed at the time reimbursement is 


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1 made shall be available to reimburse the Judgment Fund 

2 and shall be considered for the same purposes as any sub3 division under the heading ‘‘Shipbuilding and Conversion, 

4 Navy’’ appropriations in the current fiscal year or any 

5 prior fiscal year. 

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

7 this Act may be used to transfer research and develop8 ment, acquisition, or other program authority relating to 

9 current tactical unmanned aerial vehicles (TUAVs) from 

10 the Army. 

11 (b) The Army shall retain responsibility for and oper12 ational control of the MQ–1C Gray Eagle Unmanned Aer13 ial Vehicle (UAV) in order to support the Secretary of De14 fense in matters relating to the employment of unmanned 

15 aerial vehicles. 

16 SEC. 8082. Up to $15,000,000 of the funds appro17 priated under the heading ‘‘Operation and Maintenance, 

18 Navy’’ may be made available for the Asia Pacific Re19 gional Initiative Program for the purpose of enabling the 

20 Pacific Command to execute Theater Security Cooperation 

21 activities such as humanitarian assistance, and payment 

22 of incremental and personnel costs of training and exer23 cising with foreign security forces: Provided, That funds 

24 made available for this purpose may be used, notwith25 standing any other funding authorities for humanitarian 


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1 assistance, security assistance or combined exercise ex2 penses: Provided further, That funds may not be obligated 

3 to provide assistance to any foreign country that is other4 wise prohibited from receiving such type of assistance 

5 under any other provision of law. 

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

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

8 Intelligence shall remain available for obligation beyond 

9 the current fiscal year, except for funds appropriated for 

10 research and technology, which shall remain available until 

11 September 30, 2016. 

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

13 31, United States Code, any subdivision of appropriations 

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

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

16 purpose as any subdivision under the heading ‘‘Ship17 building and Conversion, Navy’’ appropriations in any 

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

19 to the total amount of the appropriation. 

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

21 of enactment of this Act, the Director of National Intel22 ligence shall submit a report to the congressional intel23 ligence committees to establish the baseline for application 

24 of reprogramming and transfer authorities for fiscal year 

25 2015: Provided, That the report shall include— 


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1 (1) a table for each appropriation with a sepa2 rate column to display the President’s budget re3 quest, adjustments made by Congress, adjustments 

4 due to enacted rescissions, if appropriate, and the 

5 fiscal year enacted level; 

6 (2) a delineation in the table for each appro7 priation by Expenditure Center and project; and 

8 (3) an identification of items of special congres9 sional interest. 

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

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

12 Contracting Command–New Jersey or make dispropor13 tionate personnel reductions at any Army Contracting 

14 Command–New Jersey sites without 30-day prior notifica15 tion to the congressional defense committees. 

16 (INCLUDING TRANSFER OF FUNDS)

17 SEC. 8087. Of the funds appropriated in the Intel18 ligence Community Management Account for the Program 

19 Manager for the Information Sharing Environment, 

20 $20,000,000 is available for transfer by the Director of 

21 National Intelligence to other departments and agencies 

22 for purposes of Government-wide information sharing ac23 tivities: Provided, That funds transferred under this provi24 sion are to be merged with and available for the same pur25 poses and time period as the appropriation to which transVerDate Mar 15 2010 02:38 Jun 26, 2014 Jkt 039200 PO 00000 Frm 00098 Fmt 6652 Sfmt 6201 E:\BILLS\H4870.RFS H4870

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1 ferred: Provided further, That the Office of Management 

2 and Budget must approve any transfers made under this 

3 provision. 

4 SEC. 8088. (a) None of the funds provided for the 

5 National Intelligence Program in this or any prior appro6 priations Act shall be available for obligation or expendi7 ture through a reprogramming or transfer of funds in ac8 cordance with section 102A(d) of the National Security 

9 Act of 1947 (50 U.S.C. 3024(d)) that— 

10 (1) creates a new start effort; 

11 (2) terminates a program with appropriated 

12 funding of $10,000,000 or more; 

13 (3) transfers funding into or out of the Na14 tional Intelligence Program; or 

15 (4) transfers funding between appropriations, 

16 unless the congressional intelligence committees are noti17 fied 30 days in advance of such reprogramming of funds; 

18 this notification period may be reduced for urgent national 

19 security requirements. 

20 (b) None of the funds provided for the National Intel21 ligence Program in this or any prior appropriations Act 

22 shall be available for obligation or expenditure through a 

23 reprogramming or transfer of funds in accordance with 

24 section 102A(d) or the National Security Act of 1947 (50 

25 U.S.C. 3024(d)) that results in a cumulative increase or 


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1 decrease of the levels specified in the classified annex ac2 companying the Act unless the congressional intelligence 

3 committees are notified 30 days in advance of such re4 programming of funds; this notification period may be re5 duced for urgent national security requirements. 

6 SEC. 8089. The Director of National Intelligence 

7 shall submit to Congress each year, at or about the time 

8 that the President’s budget is submitted to Congress that 

9 year under section 1105(a) of title 31, United States 

10 Code, a future-years intelligence program (including asso11 ciated annexes) reflecting the estimated expenditures and 

12 proposed appropriations included in that budget. Any such 

13 future-years intelligence program shall cover the fiscal 

14 year with respect to which the budget is submitted and 

15 at least the four succeeding fiscal years. 

16 SEC. 8090. For the purposes of this Act, the term 

17 ‘‘congressional intelligence committees’’ means the Perma18 nent Select Committee on Intelligence of the House of 

19 Representatives, the Select Committee on Intelligence of 

20 the Senate, the Subcommittee on Defense of the Com21 mittee on Appropriations of the House of Representatives, 

22 and the Subcommittee on Defense of the Committee on 

23 Appropriations of the Senate. 

24 SEC. 8091. The Department of Defense shall con25 tinue to report incremental contingency operations costs 


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1 for Operation Enduring Freedom on a monthly basis and 

2 any other operation designated and identified by the Sec3 retary of Defense for the purposes of section 127a of title 

4 10, United States Code, on a semi-annual basis in the 

5 Cost of War Execution Report as prescribed in the De6 partment of Defense Financial Management Regulation 

7 Department of Defense Instruction 7000.14, Volume 12, 

8 Chapter 23 ‘‘Contingency Operations’’, Annex 1, dated 

9 September 2005. 

10 (INCLUDING TRANSFER OF FUNDS)

11 SEC. 8092. During the current fiscal year, not to ex12 ceed $11,000,000 from each of the appropriations made 

13 in title II of this Act for ‘‘Operation and Maintenance, 

14 Army’’, ‘‘Operation and Maintenance, Navy’’, and ‘‘Oper15 ation and Maintenance, Air Force’’ may be transferred by 

16 the military department concerned to its central fund es17 tablished for Fisher Houses and Suites pursuant to sec18 tion 2493(d) of title 10, United States Code. 

19 (INCLUDING TRANSFER OF FUNDS)

20 SEC. 8093. Funds appropriated by this Act for oper21 ation and maintenance may be available for the purpose 

22 of making remittances and transfers to the Defense Acqui23 sition Workforce Development Fund in accordance with 

24 section 1705 of title 10, United States Code. 


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1 SEC. 8094. (a) Any agency receiving funds made 

2 available in this Act, shall, subject to subsections (b) and 

3 (c), post on the public website of that agency any report 

4 required to be submitted by the Congress in this or any 

5 other Act, upon the determination by the head of the agen6 cy that it shall serve the national interest. 

7 (b) Subsection (a) shall not apply to a report if— 

8 (1) the public posting of the report com9 promises national security; or 

10 (2) the report contains proprietary information. 

11 (c) The head of the agency posting such report shall 

12 do so only after such report has been made available to 

13 the requesting Committee or Committees of Congress for 

14 no less than 45 days. 

15 SEC. 8095. (a) None of the funds appropriated or 

16 otherwise made available by this Act may be expended for 

17 any Federal contract for an amount in excess of 

18 $1,000,000, unless the contractor agrees not to— 

19 (1) enter into any agreement with any of its 

20 employees or independent contractors that requires, 

21 as a condition of employment, that the employee or 

22 independent contractor agree to resolve through ar23 bitration any claim under title VII of the Civil 

24 Rights Act of 1964 or any tort related to or arising 

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1 sault and battery, intentional infliction of emotional 

2 distress, false imprisonment, or negligent hiring, su3 pervision, or retention; or 

4 (2) take any action to enforce any provision of 

5 an existing agreement with an employee or inde6 pendent contractor that mandates that the employee 

7 or independent contractor resolve through arbitra8 tion any claim under title VII of the Civil Rights Act 

9 of 1964 or any tort related to or arising out of sex10 ual assault or harassment, including assault and 

11 battery, intentional infliction of emotional distress, 

12 false imprisonment, or negligent hiring, supervision, 

13 or retention. 

14 (b) None of the funds appropriated or otherwise 

15 made available by this Act may be expended for any Fed16 eral contract unless the contractor certifies that it requires 

17 each covered subcontractor to agree not to enter into, and 

18 not to take any action to enforce any provision of, any 

19 agreement as described in paragraphs (1) and (2) of sub20 section (a), with respect to any employee or independent 

21 contractor performing work related to such subcontract. 

22 For purposes of this subsection, a ‘‘covered subcon23 tractor’’ is an entity that has a subcontract in excess of 

24 $1,000,000 on a contract subject to subsection (a). 


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1 (c) The prohibitions in this section do not apply with 

2 respect to a contractor’s or subcontractor’s agreements 

3 with employees or independent contractors that may not 

4 be enforced in a court of the United States. 

5 (d) The Secretary of Defense may waive the applica6 tion of subsection (a) or (b) to a particular contractor or 

7 subcontractor for the purposes of a particular contract or 

8 subcontract if the Secretary or the Deputy Secretary per9 sonally determines that the waiver is necessary to avoid 

10 harm to national security interests of the United States, 

11 and that the term of the contract or subcontract is not 

12 longer than necessary to avoid such harm. The determina13 tion shall set forth with specificity the grounds for the 

14 waiver and for the contract or subcontract term selected, 

15 and shall state any alternatives considered in lieu of a 

16 waiver and the reasons each such alternative would not 

17 avoid harm to national security interests of the United 

18 States. The Secretary of Defense shall transmit to Con19 gress, and simultaneously make public, any determination 

20 under this subsection not less than 15 business days be21 fore the contract or subcontract addressed in the deter22 mination may be awarded. 

23 (INCLUDING TRANSFER OF FUNDS)

24 SEC. 8096. From within the funds appropriated for 

25 operation and maintenance for the Defense Health ProVerDate Mar 15 2010 02:38 Jun 26, 2014 Jkt 039200 PO 00000 Frm 00104 Fmt 6652 Sfmt 6201 E:\BILLS\H4870.RFS H4870

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1 gram in this Act, up to $146,857,000, shall be available 

2 for transfer to the Joint Department of Defense-Depart3 ment of Veterans Affairs Medical Facility Demonstration 

4 Fund in accordance with the provisions of section 1704 

5 of the National Defense Authorization Act for Fiscal Year 

6 2010, Public Law 111–84: Provided, That for purposes 

7 of section 1704(b), the facility operations funded are oper8 ations of the integrated Captain James A. Lovell Federal 

9 Health Care Center, consisting of the North Chicago Vet10 erans Affairs Medical Center, the Navy Ambulatory Care 

11 Center, and supporting facilities designated as a combined 

12 Federal medical facility as described by section 706 of 

13 Public Law 110–417: Provided further, That additional 

14 funds may be transferred from funds appropriated for op15 eration and maintenance for the Defense Health Program 

16 to the Joint Department of Defense-Department of Vet17 erans Affairs Medical Facility Demonstration Fund upon 

18 written notification by the Secretary of Defense to the 

19 Committees on Appropriations of the House of Represent20 atives and the Senate. 

21 SEC. 8097. The Office of the Director of National 

22 Intelligence shall not employ more Senior Executive em23 ployees than are specified in the classified annex. 

24 SEC. 8098. None of the funds appropriated or other25 wise made available by this Act may be obligated or exVerDate Mar 15 2010 02:38 Jun 26, 2014 Jkt 039200 PO 00000 Frm 00105 Fmt 6652 Sfmt 6201 E:\BILLS\H4870.RFS H4870

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1 pended to pay a retired general or flag officer to serve 

2 as a senior mentor advising the Department of Defense 

3 unless such retired officer files a Standard Form 278 (or 

4 successor form concerning public financial disclosure 

5 under part 2634 of title 5, Code of Federal Regulations) 

6 to the Office of Government Ethics. 

7 SEC. 8099. Appropriations available to the Depart8 ment of Defense may be used for the purchase of heavy 

9 and light armored vehicles for the physical security of per10 sonnel or for force protection purposes up to a limit of 

11 $250,000 per vehicle, notwithstanding price or other limi12 tations applicable to the purchase of passenger carrying 

13 vehicles. 

14 SEC. 8100. Of the amounts appropriated for ‘‘Oper15 ation and Maintenance, Defense-Wide’’ the following 

16 amounts shall be available to the Secretary of Defense, 

17 for the following authorized purposes, notwithstanding 

18 any other provision of law, acting through the Office of 

19 Economic Adjustment of the Department of Defense, to 

20 make grants, conclude cooperative agreements, and sup21 plement other Federal funds, to remain available until ex22 pended, to support critical existing and enduring military 

23 installations and missions on Guam, as well as any poten24 tial Department of Defense growth, $80,596,000 for ad25 dressing the need for civilian water and wastewater imVerDate Mar 15 2010 02:38 Jun 26, 2014 Jkt 039200 PO 00000 Frm 00106 Fmt 6652 Sfmt 6201 E:\BILLS\H4870.RFS H4870

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1 provements: Provided, That the Secretary of Defense 

2 shall, not fewer than 15 days prior to obligating funds for 

3 the forgoing purposes, notify the congressional defense 

4 committees in writing of the details of any such obligation. 

5 SEC. 8101. None of the funds made available by this 

6 Act may be used by the Secretary of Defense to take bene7 ficial occupancy of more than 3,000 parking spaces (other 

8 than handicap-reserved spaces) to be provided by the 

9 BRAC 133 project: Provided, That this limitation may be 

10 waived in part if: (1) the Secretary of Defense certifies 

11 to Congress that levels of service at existing intersections 

12 in the vicinity of the project have not experienced failing 

13 levels of service as defined by the Transportation Research 

14 Board Highway Capacity Manual over a consecutive 90- 

15 day period; (2) the Department of Defense and the Vir16 ginia Department of Transportation agree on the number 

17 of additional parking spaces that may be made available 

18 to employees of the facility subject to continued 90-day 

19 traffic monitoring; and (3) the Secretary of Defense noti20 fies the congressional defense committees in writing at 

21 least 14 days prior to exercising this waiver of the number 

22 of additional parking spaces to be made available. 

23 SEC. 8102. The Secretary of Defense shall report 

24 quarterly the numbers of civilian personnel end strength 

25 by appropriation account for each and every appropriation 


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1 account used to finance Federal civilian personnel salaries 

2 to the congressional defense committees within 15 days 

3 after the end of each fiscal quarter. 

4 SEC. 8103. (a) None of the funds appropriated in this 

5 or any other Act may be used to take any action to mod6 ify— 

7 (1) the appropriations account structure for the 

8 National Intelligence Program budget, including 

9 through the creation of a new appropriation or new 

10 appropriations account; 

11 (2) how the National Intelligence Program 

12 budget request is presented, organized, and managed 

13 within the Department of Defense budget; 

14 (3) how the National Intelligence Program ap15 propriations are apportioned to the executing agen16 cies; or 

17 (4) how the National Intelligence Program ap18 propriations are allotted, obligated and disbursed. 

19 (b) The Director of National Intelligence and the Sec20 retary of Defense may jointly, only for the purposes of 

21 achieving auditable financial statements and improving 

22 fiscal reporting, study and develop detailed proposals for 

23 alternative financial management processes. Such study 

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1 sessment to ensure that none of the alternative processes 

2 will adversely affect counterintelligence. 

3 (c) Upon development of the detailed proposals de4 fined under subsection (b), the Director of National Intel5 ligence and the Secretary of Defense shall— 

6 (1) provide the proposed alternatives to all af7 fected agencies; 

8 (2) receive certification from all affected agen9 cies attesting that the proposed alternatives will help 

10 achieve auditability, improve fiscal reporting, and 

11 will not adversely affect counterintelligence; and 

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

13 necessary certifications under paragraph (2), present 

14 the proposed alternatives and certifications to the 

15 congressional defense and intelligence committees. 

16 (d) This section shall not be construed to alter or af17 fect the application of section 924 of the National Defense 

18 Authorization Act for Fiscal Year 2014 to the amounts 

19 made available by this Act. 

20 (e) The Director of National Intelligence shall carry 

21 out a merger of the Foreign Counterintelligence Program 

22 into the General Defense Intelligence Program: Provided, 

23 That such merger shall not go into effect until 30 days 

24 after the Director submits to the congressional intelligence 

25 committees a written notification of such merger. 


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1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 8104. Upon a determination by the Director of 

3 National Intelligence that such action is necessary and in 

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

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

6 exceed $2,000,000,000 of the funds made available in this 

7 Act for the National Intelligence Program: Provided, That 

8 such authority to transfer may not be used unless for 

9 higher priority items, based on unforeseen intelligence re10 quirements, than those for which originally appropriated 

11 and in no case where the item for which funds are re12 quested has been denied by the Congress: Provided further, 

13 That a request for multiple reprogrammings of funds 

14 using authority provided in this section shall be made 

15 prior to June 30, 2015. 

16 (INCLUDING TRANSFER OF FUNDS)

17 SEC. 8105. There is appropriated $540,000,000 for 

18 the ‘‘Ship Modernization, Operations and Sustainment 

19 Fund’’, to remain available until September 30, 2021: 

20 Provided, That the Secretary of the Navy shall transfer 

21 funds from the ‘‘Ship Modernization, Operations and 

22 Sustainment Fund’’ to appropriations for military per23 sonnel; operation and maintenance; research, development, 

24 test and evaluation; and procurement, only for the pur25 poses of manning, operating, sustaining, equipping and 


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1 modernizing the Ticonderoga-class guided missile cruisers 

2 CG–63, CG–64, CG–65, CG–66, CG–67, CG–68, CG–69, 

3 CG–70, CG–71, CG–72, CG–73, and the Whidbey Island4 class dock landing ships LSD–41, LSD–42, and LSD–46: 

5 Provided further, That funds transferred shall be merged 

6 with and be available for the same purposes and for the 

7 same time period as the appropriation to which they are 

8 transferred: Provided further, That the transfer authority 

9 provided herein shall be in addition to any other transfer 

10 authority available to the Department of Defense: Pro11 vided further, That the Secretary of the Navy shall, not 

12 less than 30 days prior to making any transfer from the 

13 ‘‘Ship Modernization, Operations and Sustainment 

14 Fund’’, notify the congressional defense committees in 

15 writing of the details of such transfer: Provided further, 

16 That the Secretary of the Navy shall transfer and obligate 

17 funds from the ‘‘Ship Modernization, Operations and 

18 Sustainment Fund’’ for modernization of not more than 

19 two Ticonderoga-class guided missile cruisers as detailed 

20 above in fiscal year 2015: Provided further, That no more 

21 than six Ticonderoga-class guided missile cruisers shall be 

22 in a phased modernization at any time: Provided further, 

23 That the Secretary of the Navy shall contract for the re24 quired modernization equipment in the year prior to in25 ducting a Ticonderoga-class cruiser for modernization: 


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1 Provided further, That the prohibition in section 2244a(a) 

2 of title 10, United States Code, shall not apply to the use 

3 of any funds transferred pursuant to this section. 

4 SEC. 8106. Notwithstanding any other provision of 

5 this Act, to reflect savings due to favorable foreign ex6 change rates, the total amount appropriated in this Act 

7 is hereby reduced by $545,100,000. 

8 SEC. 8107. None of the funds appropriated or other9 wise made available in this or any other Act may be used 

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

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

12 Khalid Sheikh Mohammed or any other detainee who— 

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

14 of the Armed Forces of the United States; and 

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

16 at the United States Naval Station, Guantanamo 

17 Bay, Cuba, by the Department of Defense. 

18 SEC. 8108. (a) None of the funds appropriated or 

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

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

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

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

23 detention or imprisonment in the custody or under the ef24 fective control of the Department of Defense. 


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

2 to any modification of facilities at United States Naval 

3 Station, Guantanamo Bay, Cuba. 

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

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

6 States Naval Station, Guantanamo Bay, Cuba, and who— 

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

8 member of the Armed Forces of the United States; 

9 and 

10 (2) is— 

11 (A) in the custody or under the effective 

12 control of the Department of Defense; or 

13 (B) otherwise under detention at United 

14 States Naval Station, Guantanamo Bay, Cuba. 

15 SEC. 8109. None of the funds made available by this 

16 Act may be used to enter into a contract, memorandum 

17 of understanding, or cooperative agreement with, make a 

18 grant to, or provide a loan or loan guarantee to, any cor19 poration that any unpaid Federal tax liability that has 

20 been assessed, for which all judicial and administrative 

21 remedies have been exhausted or have lapsed, and that 

22 is not being paid in a timely manner pursuant to an agree23 ment with the authority responsible for collecting the tax 

24 liability, where the awarding agency is aware of the unpaid 

25 tax liability, unless the agency has considered suspension 


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1 or debarment of the corporation and made a determination 

2 that this further action is not necessary to protect the in3 terests of the Government. 

4 SEC. 8110. None of the funds made available by this 

5 Act may be used to enter into a contract, memorandum 

6 of understanding, or cooperative agreement with, make a 

7 grant to, or provide a loan or loan guarantee to, any cor8 poration that was convicted of a felony criminal violation 

9 under any Federal law within the preceding 24 months, 

10 where the awarding agency is aware of the conviction, un11 less the agency has considered suspension or debarment 

12 of the corporation and made a determination that this fur13 ther action is not necessary to protect the interests of the 

14 Government. 

15 SEC. 8111. None of the funds made available by this 

16 Act may be used in contravention of section 1590 or 1591 

17 of title 18, United States Code, or in contravention of the 

18 requirements of section 106(g) or (h) of the Trafficking 

19 Victims Protection Act of 2000 (22 U.S.C. 7104(g) or 

20 (h)). 

21 SEC. 8112. None of the funds made available by this 

22 Act for excess defense articles, assistance under section 

23 1206 of the National Defense Authorization Act for Fiscal 

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

25 peacekeeping operations for the countries designated in 


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1 2013 to be in violation of the standards of the Child Sol2 diers Prevention Act of 2008 may be used to support any 

3 military training or operation that includes child soldiers, 

4 as defined by the Child Soldiers Prevention Act of 2008 

5 (Public Law 110–457; 22 U.S.C. 2370c–1), unless such 

6 assistance is otherwise permitted under section 404 of the 

7 Child Soldiers Prevention Act of 2008. 

8 SEC. 8113. None of the funds made available by this 

9 Act may be used in contravention of the War Powers Res10 olution (50 U.S.C. 1541 et seq.). 

11 SEC. 8114. None of the funds made available by this 

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

13 other Federal agency to lease or purchase new light duty 

14 vehicles, for any executive fleet, or for an agency’s fleet 

15 inventory, except in accordance with Presidential Memo16 randum-Federal Fleet Performance, dated May 24, 2011. 

17 SEC. 8115. None of the funds made available by this 

18 Act may be used to enter into a contract with any person 

19 or other entity listed in the Excluded Parties List System 

20 (EPLS)/System for Award Management (SAM) as having 

21 been convicted of fraud against the Federal Government. 

22 SEC. 8116. (a) None of the funds made available by 

23 this Act may be used to enter into a contract (or sub24 contract at any tier under such a contract), memorandum 

25 of understanding, or cooperative agreement with, to make 


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1 a grant to, or to provide a loan or loan guarantee to 

2 Rosoboronexport. 

3 (b) The Secretary of Defense may waive the limita4 tion in subsection (a) if the Secretary, in consultation with 

5 the Secretary of State and the Director of National Intel6 ligence, certifies in writing to the congressional defense 

7 committees, to the best of the Secretary’s knowledge, the 

8 following: 

9 (1) Rosoboronexport has ceased the transfer of 

10 lethal military equipment to, and the maintenance of 

11 existing lethal military equipment for, the Govern12 ment of the Syrian Arab Republic. 

13 (2) The armed forces of the Russian Federation 

14 have withdrawn from Crimea, other than armed 

15 forces present on military bases subject to agree16 ments in force between the Government of the Rus17 sian Federation and the Government of Ukraine. 

18 (3) The Government of the Russian Federation 

19 has withdrawn substantially all of the armed forces 

20 of the Russian Federation from the immediate vicin21 ity of the eastern border of Ukraine. 

22 (4) Agents of the Russian Federation have 

23 ceased taking active measures to destabilize the con24 trol of the Government of Ukraine over eastern 

25 Ukraine. 


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1 (c)(1) The Inspector General of the Department of 

2 Defense shall conduct a review of any action involving 

3 Rosoboronexport with respect to which a waiver is issued 

4 by the Secretary of Defense pursuant to subsection (b). 

5 (2) A review conducted under paragraph (1) shall as6 sess the accuracy of the factual and legal conclusions made 

7 by the Secretary of Defense in the waiver covered by the 

8 review, including— 

9 (A) whether there is any viable alternative to 

10 Rosoboronexport for carrying out the functions for 

11 which funds will be obligated; 

12 (B) whether the Secretary has previously used 

13 an alternative vendor for carrying out the same 

14 functions regarding the military equipment in ques15 tion, and what vendor was previously used; 

16 (C) whether other explanations for the issuance 

17 of the waiver are supportable; and 

18 (D) any other matter with respect to the waiver 

19 the Inspector General considers appropriate. 

20 (3) Not later than 90 days after the date on which 

21 a waiver is issued by the Secretary of Defense pursuant 

22 to subsection (b), the Inspector General shall submit to 

23 the congressional defense committees a report containing 

24 the results of the review conducted under paragraph (1) 

25 with respect to such waiver. 


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1 SEC. 8117. None of the funds made available in this 

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

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

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

5 States Code. 

6 (INCLUDING TRANSFER OF FUNDS)

7 SEC. 8118. Of the amounts appropriated in this Act 

8 under the heading ‘‘Operation and Maintenance, Defense9 Wide’’, up to $5,709,000 shall be available for transfer 

10 to the Army, Navy, Marine Corps, and Air Force, includ11 ing Reserve and National Guard, to support high priority 

12 Sexual Assault Prevention and Response Program require13 ments and activities, including the training and funding 

14 of personnel: Provided, That funds transferred under this 

15 provision are to be merged with and available for the same 

16 purposes and time period as the appropriation to which 

17 transferred: Provided further, That the transfer authority 

18 provided under this heading is in addition to any other 

19 transfer authority provided elsewhere in this Act. 

20 SEC. 8119. None of the funds appropriated in this, 

21 or any other Act, may be obligated or expended by the 

22 United States Government for the direct personal benefit 

23 of the President of Afghanistan. 

24 SEC. 8120. (a) Of the funds appropriated in this Act 

25 for the Department of Defense, amounts may be made 


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1 available, under such regulations as the Secretary may 

2 prescribe, to local military commanders appointed by the 

3 Secretary of Defense, or by an officer or employee des4 ignated by the Secretary, to provide at their discretion ex 

5 gratia payments in amounts consistent with subsection (d) 

6 of this section for damage, personal injury, or death that 

7 is incident to combat operations of the Armed Forces in 

8 a foreign country. 

9 (b) An ex gratia payment under this section may be 

10 provided only if— 

11 (1) the prospective foreign civilian recipient is 

12 determined by the local military commander to be 

13 friendly to the United States; 

14 (2) a claim for damages would not be compen15 sable under chapter 163 of title 10, United States 

16 Code (commonly known as the ‘‘Foreign Claims 

17 Act’’); and 

18 (3) the property damage, personal injury, or 

19 death was not caused by action by an enemy. 

20 (c) NATURE OF PAYMENTS.—Any payments provided 

21 under a program under subsection (a) shall not be consid22 ered an admission or acknowledgement of any legal obliga23 tion to compensate for any damage, personal injury, or 

24 death. 


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1 (d) AMOUNT OF PAYMENTS.—If the Secretary of De2 fense determines a program under subsection (a) to be ap3 propriate in a particular setting, the amounts of pay4 ments, if any, to be provided to civilians determined to 

5 have suffered harm incident to combat operations of the 

6 Armed Forces under the program should be determined 

7 pursuant to regulations prescribed by the Secretary and 

8 based on an assessment, which should include such factors 

9 as cultural appropriateness and prevailing economic condi10 tions. 

11 (e) LEGAL ADVICE.—Local military commanders 

12 shall receive legal advice before making ex gratia pay13 ments under this subsection. The legal advisor, under reg14 ulations of the Department of Defense, shall advise on 

15 whether an ex gratia payment is proper under this section 

16 and applicable Department of Defense regulations. 

17 (f) WRITTEN RECORD.—A written record of any ex 

18 gratia payment offered or denied shall be kept by the local 

19 commander and on a timely basis submitted to the appro20 priate office in the Department of Defense as determined 

21 by the Secretary of Defense. 

22 (g) REPORT.—The Secretary of Defense shall report 

23 to the congressional defense committees on an annual 

24 basis the efficacy of the ex gratia payment program in25 cluding the number of types of cases considered, amounts 


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1 offered, the response from ex gratia payment recipients, 

2 and any recommended modifications to the program. 

3 (h) LIMITATION.—Nothing in this section shall be 

4 deemed to provide any new authority to the Secretary of 

5 Defense. 

6 SEC. 8121. None of the funds available to the De7 partment of Defense shall be used to conduct any environ8 mental impact study, environmental assessment, or other 

9 environmental study related to Minuteman III silos that 

10 contain a missile as of the date of the enactment of this 

11 Act. 

12 SEC. 8122. None of the funds made available by this 

13 Act may be used to cancel the avionics modernization pro14 gram of record for C–130 aircraft. 

15 SEC. 8123. None of the funds made available by this 

16 Act may be used by the Secretary of the Air Force to re17 duce the force structure at Lajes Field, Azores, Portugal, 

18 below the force structure at such Air Force Base as of 

19 October 1, 2013, except in accordance with section 1048 

20 of the National Defense Authorization Act for Fiscal Year 

21 2015. 

22 SEC. 8124. None of the Operation and Maintenance 

23 funds made available in this Act may be used in con24 travention of section 41106 of title 49, United States 

25 Code. 


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1 SEC. 8125. 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. 8126. None of the funds appropriated or other9 wise made available by this Act or any other Act may be 

10 used by the Department of Defense or a component there11 of in contravention of section 1246(c) of the National De12 fense Authorization Act for Fiscal Year 2014, relating to 

13 limitations on providing certain missile defense informa14 tion to the Russian Federation. 

15 SEC. 8127. None of the funds made available by this 

16 Act may be used by the National Security Agency to— 

17 (1) conduct an acquisition pursuant to section 

18 702 of the Foreign Intelligence Surveillance Act of 

19 1978 for the purpose of targeting a United States 

20 person; or 

21 (2) acquire, monitor, or store the contents (as 

22 such term is defined in section 2510(8) of title 18, 

23 United States Code) of any electronic communica24 tion of a United States person from a provider of 

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1 suant to section 501 of the Foreign Intelligence Sur2 veillance Act of 1978. 

3 (INCLUDING TRANSFER OF FUNDS)

4 SEC. 8128. From amounts appropriated in this Act 

5 for ‘‘Operation and Maintenance, Navy’’, up to 

6 $291,000,000 may be transferred to the Ready Reserve 

7 Force, Maritime Administration account of the United 

8 States Department of Transportation, to be merged with, 

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

10 time period as such account, for expenses related to the 

11 National Defense Reserve Fleet established under section 

12 11 of the Merchant Ship Sales Act of 1946 (50 U.S.C. 

13 App. 1744): Provided, That the transfer authority pro14 vided under this provision is in addition to any other 

15 transfer authority provided elsewhere in this Act. 

16 (INCLUDING TRANSFER OF FUNDS)

17 SEC. 8129. Of the amounts appropriated for ‘‘Oper18 ation and Maintenance, Navy’’, up to $1,000,000 shall be 

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

20 Public Service Development Trust Fund established under 

21 section 116 of the John C. Stennis Center for Public Serv22 ice Training and Development Act (2 U.S.C. 1105). 

23 (INCLUDING TRANSFER OF FUNDS)

24 SEC. 8130. In addition to amounts provided else25 where in this Act for pay for military personnel, including 


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1 active duty, reserve and National Guard personnel, 

2 $533,500,000 is hereby appropriated to the Department 

3 of Defense and made available for transfer only to military 

4 personnel accounts: Provided, That the transfer authority 

5 provided under this heading is in addition to any other 

6 transfer authority provided elsewhere in this Act. 

7 (INCLUDING TRANSFER OF FUNDS)

8 SEC. 8131. In addition to amounts provided else9 where in this Act for basic allowance for housing for mili10 tary personnel, including active duty, reserve and National 

11 Guard personnel, $244,700,000 is hereby appropriated to 

12 the Department of Defense and made available for trans13 fer only to military personnel accounts: Provided, That the 

14 transfer authority provided under this heading is in addi15 tion to any other transfer authority provided elsewhere in 

16 this Act. 

17 SEC. 8132. None of the funds made available by this 

18 Act may be used to reduce, convert, decommission, or oth19 erwise move to nondeployed status (except warm status), 

20 or prepare to reduce, convert, decommission, or otherwise 

21 move to nondeployed status (except warm status), any 

22 Minuteman III ballistic missile silo that contains a de23 ployed missile as of the date of the enactment of this Act: 

24 Provided, That ‘‘warm status’’ means a status that en25 ables any such silo to remain a fully functioning element 


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1 of the interconnected and redundant command and control 

2 system of a missile field and be made fully operational 

3 with a deployed missile. 

4 SEC. 8133. None of the funds made available by this 

5 Act may be obligated or expended to divest E–3 airborne 

6 warning and control system aircraft, or disestablish any 

7 units of the active or reserve component associated with 

8 such aircraft: Provided, That not later than 90 days fol9 lowing the date of enactment of this Act, the Secretary 

10 of the Air Force shall submit to the congressional defense 

11 committees a report providing a detailed explanation of 

12 how the Secretary will meet the priority requirements of 

13 the commanders of the combatant commands related to 

14 airborne warning and control with a fleet of fewer than 

15 31 E–3 aircraft. 

16 SEC. 8134. None of the funds made available by this 

17 Act may be obligated or expended to implement the Arms 

18 Trade Treaty until the Senate approves a resolution of 

19 ratification for the Treaty. 

20 (INCLUDING TRANSFER OF FUNDS)

21 SEC. 8135. In addition to amounts provided else22 where in this Act, there is appropriated $139,000,000, for 

23 an additional amount for ‘‘Operation and Maintenance, 

24 Defense-Wide’’, to remain available until expended: Pro25 vided, That such funds shall only be available to the SecVerDate Mar 15 2010 02:38 Jun 26, 2014 Jkt 039200 PO 00000 Frm 00125 Fmt 6652 Sfmt 6201 E:\BILLS\H4870.RFS H4870

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1 retary of Defense, acting through the Office of Economic 

2 Adjustment of the Department of Defense, or for transfer 

3 to the Secretary of Education, notwithstanding any other 

4 provision of law, to make grants, conclude cooperative 

5 agreements, or supplement other Federal funds to con6 struct, renovate, repair, or expand elementary and sec7 ondary public schools on military installations in order to 

8 address capacity or facility condition deficiencies at such 

9 schools: Provided further, That in making such funds 

10 available, the Office of Economic Adjustment or the Sec11 retary of Education shall give priority consideration to 

12 those military installations with schools having the most 

13 serious capacity or facility condition deficiencies as deter14 mined by the Secretary of Defense: Provided further, That 

15 funds may not be made available for a school unless its 

16 enrollment of Department of Defense-connected children 

17 is greater than 50 percent. 

18 SEC. 8136. None of the funds made available by this 

19 Act may be used to transfer AH–64 Attack helicopters 

20 from the Army National Guard to the active Army: Pro21 vided, That this section shall continue in effect through 

22 the date of enactment of the National Defense Authoriza23 tion Act for Fiscal Year 2015. 


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1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 8137. In addition to amounts appropriated in 

3 title II or otherwise made available elsewhere in this Act, 

4 $1,000,000,000 is hereby appropriated to the Department 

5 of Defense and made available for transfer to the oper6 ation and maintenance accounts of the Army, Navy, Ma7 rine Corps, and Air Force (including National Guard and 

8 reserve) for purposes of improving military readiness: Pro9 vided, That the transfer authority provided under this pro10 vision is in addition to any other transfer authority pro11 vided elsewhere in this Act. 

12 SEC. 8138. Of the amounts made available under the 

13 heading ‘‘Operation and Maintenance, Defense-Wide’’ in 

14 title II and ‘‘Operation and Maintenance’’ in title IX of 

15 this Act, not to exceed $50,000,000 may be obligated for 

16 activities authorized under section 1208 of the Ronald W. 

17 Reagan National Defense Authorization Act for Fiscal 

18 Year 2005 (Public Law 112–81; 125 Stat. 1621): Pro19 vided, That none of the funds made available in this Act 

20 may be used under such section 1208 to initiate support 

21 for, or expand support to, foreign forces, irregular forces, 

22 groups, or individuals unless the congressional defense 

23 committees are notified in accordance with the direction 

24 contained in the classified annex accompanying this Act, 

25 not less than 15 days before initiating such support: ProVerDate Mar 15 2010 02:38 Jun 26, 2014 Jkt 039200 PO 00000 Frm 00127 Fmt 6652 Sfmt 6201 E:\BILLS\H4870.RFS H4870

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1 vided further, That, none of the funds made available in 

2 this Act may be used under such section 1208 for any 

3 activity that is not in support of an ongoing military oper4 ation being conducted by United States Special Operations 

5 Forces to combat terrorism: Provided further, That the 

6 Secretary of Defense may waive the prohibitions in the 

7 preceding provisos if the Secretary determines that such 

8 waiver is required by extraordinary circumstances and, by 

9 not later than 72 hours after making such waiver, notifies 

10 the congressional defense committees of such waiver. 

11 SEC. 8139. None of the funds appropriated or other12 wise made available by this Act or any other Act may be 

13 used in contravention of section 1035 of the National De14 fense Authorization Act for Fiscal Year 2014. 

15 SEC. 8140. None of the funds made available by this 

16 Act may be used to implement the changes to hair stand17 ards and grooming policies for female members of the 

18 Armed Forces, as contained in paragraph 3–2 of Army 

19 Regulation 670–1, issued on March 31, 2014. 

20 TITLE IX—OVERSEAS DEPLOYMENTS AND 

21 OTHER ACTIVITIES 

22 MILITARY PERSONNEL 

23 For an additional amount for ‘‘Military Personnel’’, 

24 $5,100,000,000: Provided, That such amount is des25 ignated by the Congress for Overseas Contingency OperVerDate Mar 15 2010 02:38 Jun 26, 2014 Jkt 039200 PO 00000 Frm 00128 Fmt 6652 Sfmt 6201 E:\BILLS\H4870.RFS H4870

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1 ations/Global War on Terrorism pursuant to section 

2 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

3 Deficit Control Act of 1985. 

4 OPERATION AND MAINTENANCE 

5 For an additional amount for ‘‘Operation and Main6 tenance’’, $58,675,000,000: Provided, That such amount 

7 is designated by the Congress for Overseas Contingency 

8 Operations/Global War on Terrorism pursuant to section 

9 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

10 Deficit Control Act of 1985. 

11 PROCUREMENT 

12 For an additional amount for ‘‘Procurement’’, 

13 $12,220,000,000, to remain available until September 30, 

14 2017: Provided, That such amount is designated by the 

15 Congress for Overseas Contingency Operations/Global 

16 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

17 the Balanced Budget and Emergency Deficit Control Act 

18 of 1985. 

19 NATIONAL GUARD AND RESERVE EQUIPMENT 

20 For procurement of aircraft, missiles, tracked combat 

21 vehicles, ammunition, other weapons, and other procure22 ment for the reserve components of the Armed Forces, 

23 $2,000,000,000, to remain available for obligation until 

24 September 30, 2017: Provided, That the Chiefs of the Na25 tional Guard and Reserve components shall, not later than 


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1 30 days after the 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 such amount is designated by the Congress for Over6 seas Contingency Operations/Global War on Terrorism 

7 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

8 Budget and Emergency Deficit Control Act of 1985. 

9 OTHER APPROPRIATIONS 

10 (INCLUDING TRANSFER OF FUNDS)

11 For an additional amount for ‘‘Other Appropria12 tions’’, $1,450,000,000: Provided, That ‘‘Other Appro13 priations’’ means the Defense Health Program, Drug 

14 Interdiction and Counter-Drug Activities, Joint Impro15 vised Explosive Device Defeat Fund, Office of the Inspec16 tor General, and Defense Working Capital Funds: Pro17 vided further, That such amount is designated by the Con18 gress for Overseas Contingency Operations/Global War on 

19 Terrorism pursuant to section 251(b)(2)(A)(ii) of the Bal20 anced Budget and Emergency Deficit Control Act of 1985. 

21 GENERAL PROVISIONS—THIS TITLE 

22 SEC. 9001. Notwithstanding any other provision of 

23 law, funds made available in this title are in addition to 

24 amounts appropriated or otherwise made available for the 

25 Department of Defense for fiscal year 2015. 


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1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 9002. Upon the determination of the Secretary 

3 of Defense that such action is necessary in the national 

4 interest, the Secretary may, with the approval of the Of5 fice of Management and Budget, transfer up to 

6 $4,000,000,000 between the appropriations or funds made 

7 available to the Department of Defense in this title: Pro8 vided, That the Secretary shall notify the Congress 

9 promptly of each transfer made pursuant to the authority 

10 in this section: Provided further, That the authority pro11 vided in this section is in addition to any other transfer 

12 authority available to the Department of Defense and is 

13 subject to the same terms and conditions as the authority 

14 provided in the Department of Defense Appropriations 

15 Act, 2015. 

16 SEC. 9003. Supervision and administration costs and 

17 costs for design during construction associated with a con18 struction project funded with appropriations available for 

19 operation and maintenance, ‘‘Afghanistan Infrastructure 

20 Fund’’, or the ‘‘Afghanistan Security Forces Fund’’ pro21 vided in this Act and executed in direct support of over22 seas contingency operations in Afghanistan, may be obli23 gated at the time a construction contract is awarded: Pro24 vided, That for the purpose of this section, supervision and 


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1 administration costs and costs for design during construc2 tion include all in-house Government costs. 

3 SEC. 9004. From funds made available in this title, 

4 the Secretary of Defense may purchase for use by military 

5 and civilian employees of the Department of Defense in 

6 the U.S. Central Command area of responsibility: (a) pas7 senger motor vehicles up to a limit of $75,000 per vehicle; 

8 and (b) heavy and light armored vehicles for the physical 

9 security of personnel or for force protection purposes up 

10 to a limit of $250,000 per vehicle, notwithstanding price 

11 or other limitations applicable to the purchase of pas12 senger carrying vehicles. 

13 SEC. 9005. Not to exceed $15,000,000 of the amount 

14 appropriated in this title under the heading ‘‘Operation 

15 and Maintenance’’ may be used, notwithstanding any 

16 other provision of law, to fund the Commander’s Emer17 gency Response Program (CERP), for the purpose of ena18 bling military commanders in Afghanistan to respond to 

19 urgent, small-scale, humanitarian relief and reconstruc20 tion requirements within their areas of responsibility: Pro21 vided, That each project (including any ancillary or related 

22 elements in connection with such project) executed under 

23 this authority shall not exceed $10,000,000: Provided fur24 ther, That not later than 45 days after the end of each 

25 fiscal year quarter, the Secretary of Defense shall submit 


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1 to the congressional defense committees a report regard2 ing the source of funds and the allocation and use of funds 

3 during that quarter that were made available pursuant to 

4 the authority provided in this section or under any other 

5 provision of law for the purposes described herein: Pro6 vided further, That, not later than 30 days after the end 

7 of each month, the Army shall submit to the congressional 

8 defense committees monthly commitment, obligation, and 

9 expenditure data for the Commander’s Emergency Re10 sponse Program in Afghanistan: Provided further, That 

11 not less than 15 days before making funds available pur12 suant to the authority provided in this section or under 

13 any other provision of law for the purposes described here14 in for a project with a total anticipated cost for completion 

15 of $5,000,000 or more, the Secretary shall submit to the 

16 congressional defense committees a written notice con17 taining each of the following: 

18 (1) The location, nature and purpose of the 

19 proposed project, including how the project is in20 tended to advance the military campaign plan for 

21 the country in which it is to be carried out. 

22 (2) The budget, implementation timeline with 

23 milestones, and completion date for the proposed 

24 project, including any other CERP funding that has 


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1 been or is anticipated to be contributed to the com2 pletion of the project. 

3 (3) A plan for the sustainment of the proposed 

4 project, including the agreement with either the host 

5 nation, a non-Department of Defense agency of the 

6 United States Government or a third-party contrib7 utor to finance the sustainment of the activities and 

8 maintenance of any equipment or facilities to be pro9 vided through the proposed project. 

10 SEC. 9006. Funds available to the Department of De11 fense for operation and maintenance may be used, not12 withstanding any other provision of law, to provide sup13 plies, services, transportation, including airlift and sealift, 

14 and other logistical support to coalition forces supporting 

15 military and stability operations in Afghanistan: Provided, 

16 That the Secretary of Defense shall provide quarterly re17 ports to the congressional defense committees regarding 

18 support provided under this section. 

19 SEC. 9007. None of the funds appropriated or other20 wise made available by this or any other Act shall be obli21 gated or expended by the United States Government for 

22 a purpose as follows: 

23 (1) To establish any military installation or 

24 base for the purpose of providing for the permanent 

25 stationing of United States Armed Forces in Iraq. 


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1 (2) To exercise United States control over any 

2 oil resource of Iraq. 

3 (3) To establish any military installation or 

4 base for the purpose of providing for the permanent 

5 stationing of United States Armed Forces in Af6 ghanistan. 

7 SEC. 9008. None of the funds made available in this 

8 Act may be used in contravention of the following laws 

9 enacted or regulations promulgated to implement the 

10 United Nations Convention Against Torture and Other 

11 Cruel, Inhuman or Degrading Treatment or Punishment 

12 (done at New York on December 10, 1984): 

13 (1) Section 2340A of title 18, United States 

14 Code. 

15 (2) Section 2242 of the Foreign Affairs Reform 

16 and Restructuring Act of 1998 (division G of Public 

17 Law 105–277; 112 Stat. 2681–822; 8 U.S.C. 1231 

18 note) and regulations prescribed thereto, including 

19 regulations under part 208 of title 8, Code of Fed20 eral Regulations, and part 95 of title 22, Code of 

21 Federal Regulations. 

22 (3) Sections 1002 and 1003 of the Department 

23 of Defense, Emergency Supplemental Appropriations 

24 to Address Hurricanes in the Gulf of Mexico, and 


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1 Pandemic Influenza Act, 2006 (Public Law 109– 

2 148). 

3 SEC. 9009. None of the funds provided for the ‘‘Af4 ghanistan Security Forces Fund’’ (ASFF) may be obli5 gated prior to the approval of a financial and activity plan 

6 by the Afghanistan Resources Oversight Council (AROC) 

7 of the Department of Defense: Provided, That the AROC 

8 must approve the requirement and acquisition plan for any 

9 service requirements in excess of $50,000,000 annually 

10 and any non-standard equipment requirements in excess 

11 of $100,000,000 using ASFF: Provided further, That the 

12 AROC must approve all projects and the execution plan 

13 under the ‘‘Afghanistan Infrastructure Fund’’ (AIF) and 

14 any project in excess of $5,000,000 from the Com15 mander’s Emergency Response Program (CERP): Pro16 vided further, That the Department of Defense must cer17 tify to the congressional defense committees that the 

18 AROC has convened and approved a process for ensuring 

19 compliance with the requirements in the preceding pro20 visos and accompanying report language for the ASFF, 

21 AIF, and CERP. 

22 SEC. 9010. Funds made available in this title to the 

23 Department of Defense for operation and maintenance 

24 may be used to purchase items having an investment unit 

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1 termination by the Secretary of Defense that such action 

2 is necessary to meet the operational requirements of a 

3 Commander of a Combatant Command engaged in contin4 gency operations overseas, such funds may be used to pur5 chase items having an investment item unit cost of not 

6 more than $500,000. 

7 SEC. 9011. From funds made available to the De8 partment of Defense in this title under the heading ‘‘Oper9 ation and Maintenance’’ up to $150,000,000 may be used 

10 by the Secretary of Defense, notwithstanding any other 

11 provision of law, to support United States Government 

12 transition activities in Iraq by funding the operations and 

13 activities of the Office of Security Cooperation in Iraq and 

14 security assistance teams, including life support, transpor15 tation and personal security, and facilities renovation and 

16 construction, and site closeout activities prior to returning 

17 sites to the Government of Iraq: Provided, That to the 

18 extent authorized under the National Defense Authoriza19 tion Act for Fiscal Year 2015, the operations and activi20 ties that may be carried out by the Office of Security Co21 operation in Iraq may, with the concurrence of the Sec22 retary of State, include non-operational training activities 

23 in support of Iraqi Minister of Defense and Counter Ter24 rorism Service personnel in an institutional environment 

25 to address capability gaps, integrate processes relating to 


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1 intelligence, air sovereignty, combined arms, logistics and 

2 maintenance, and to manage and integrate defense-related 

3 institutions: Provided further, That not later than 30 days 

4 following the enactment of this Act, the Secretary of De5 fense and the Secretary of State shall submit to the con6 gressional defense committees a plan for transitioning any 

7 such training activities that they determine are needed 

8 after the end of fiscal year 2015, to existing or new con9 tracts for the sale of defense articles or defense services 

10 consistent with the provisions of the Arms Export Control 

11 Act (22 U.S.C. 2751 et seq.): Provided further, That not 

12 less than 15 days before making funds available pursuant 

13 to the authority provided in this section, the Secretary of 

14 Defense shall submit to the congressional defense commit15 tees a written notification containing a detailed justifica16 tion and timeline for the operations and activities of the 

17 Office of Security Cooperation in Iraq at each site where 

18 such operations and activities will be conducted during fis19 cal year 2015. 

20 SEC. 9012. (a) None of the funds appropriated or 

21 otherwise made available by this Act under the heading 

22 ‘‘Operation and Maintenance’’ for payments under section 

23 1233 of Public Law 110–181 for reimbursement to the 

24 Government of Pakistan may be made available unless the 

25 Secretary of Defense, in coordination with the Secretary 


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1 of State, certifies to the Committees on Appropriations 

2 that the Government of Pakistan is— 

3 (1) cooperating with the United States in 

4 counterterrorism efforts against the Haqqani Net5 work, the Quetta Shura Taliban, Lashkar e-Tayyiba, 

6 Jaish-e-Mohammed, Al Qaeda, and other domestic 

7 and foreign terrorist organizations, including taking 

8 steps to end support for such groups and prevent 

9 them from basing and operating in Pakistan and 

10 carrying out cross border attacks into neighboring 

11 countries; 

12 (2) not supporting terrorist activities against 

13 United States or coalition forces in Afghanistan, and 

14 Pakistan’s military and intelligence agencies are not 

15 intervening extra-judicially into political and judicial 

16 processes in Pakistan; 

17 (3) dismantling improvised explosive device 

18 (IED) networks and interdicting precursor chemicals 

19 used in the manufacture of IEDs; 

20 (4) preventing the proliferation of nuclear-re21 lated material and expertise; 

22 (5) implementing policies to protect judicial 

23 independence and due process of law; 


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1 (6) issuing visas in a timely manner for United 

2 States visitors engaged in counterterrorism efforts 

3 and assistance programs in Pakistan; and 

4 (7) providing humanitarian organizations access 

5 to detainees, internally displaced persons, and other 

6 Pakistani civilians affected by the conflict. 

7 (b) The Secretary of Defense, in coordination with 

8 the Secretary of State, may waive the restriction in para9 graph (a) on a case-by-case basis by certifying in writing 

10 to the Committees on Appropriations of the House of Rep11 resentatives and the Senate that it is in the national secu12 rity interest to do so: Provided, That if the Secretary of 

13 Defense, in coordination with the Secretary of State, exer14 cises the authority of the previous proviso, the Secretaries 

15 shall report to the Committees on Appropriations on both 

16 the justification for the waiver and on the requirements 

17 of this section that the Government of Pakistan was not 

18 able to meet: Provided further, That such report may be 

19 submitted in classified form if necessary. 

20 SEC. 9013. None of the funds made available by this 

21 Act may be used with respect to Syria in contravention 

22 of the War Powers Resolution (50 U.S.C. 1541 et seq.), 

23 including for the introduction of United States armed or 

24 military forces into hostilities in Syria, into situations in 

25 Syria where imminent involvement in hostilities is clearly 


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1 indicated by the circumstances, or into Syrian territory, 

2 airspace, or waters while equipped for combat, in con3 travention of the congressional consultation and reporting 

4 requirements of sections 3 and 4 of that law (50 U.S.C. 

5 1542 and 1543). 

6 SEC. 9014. None of the funds made available by this 

7 Act for the ‘‘Afghanistan Infrastructure Fund’’ may be 

8 used to plan, develop, or construct any project for which 

9 construction has not commenced before the date of the 

10 enactment of this Act. 

11 SEC. 9015. No more than 15 percent of the funds 

12 made available in Title IX may be obligated, until the Sec13 retary of Defense provides the congressional defense and 

14 intelligence committees with a detailed spend plan for the 

15 funds provided, including an assurance that no funds will 

16 be used in contravention of section 1035 of the National 

17 Defense Authorization Act for Fiscal Year 2014. 

18 TITLE X—ADDITIONAL GENERAL PROVISIONS 

19 SPENDING REDUCTION ACCOUNT

20 SEC. 10001. The amount by which the applicable al21 location of new budget authority made by the Committee 

22 on Appropriations of the House of Representatives under 

23 section 302(b) of the Congressional Budget Act of 1974 

24 exceeds the amount of proposed new budget authority is 

25 $0. 


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1 SEC. 10002. None of the funds made available by this 

2 Act may be used to enter into a contract with any offeror 

3 or any of its principals if the offeror certifies, pursuant 

4 to the Federal Acquisition Regulation, that the offeror or 

5 any of its principals— 

6 (1) within a 3-year period preceding this offer 

7 has been convicted of or had a civil judgment ren8 dered against it for commission of fraud or a crimi9 nal offense in connection with obtaining, attempting 

10 to obtain, or performing a public (Federal, State, or 

11 local) contract or subcontract; violation of Federal or 

12 State antitrust statutes relating to the submission of 

13 offers; or commission of embezzlement, theft, for14 gery, bribery, falsification or destruction of records, 

15 making false statements, tax evasion, violating Fed16 eral criminal tax laws, or receiving stolen property; 

17 or 

18 (2) are presently indicted for, or otherwise 

19 criminally or civilly charged by a governmental enti20 ty with, commission of any of the offenses enumer21 ated in paragraph (1); or 

22 (3) within a 3-year period preceding this offer, 

23 has been notified of any delinquent Federal taxes in 

24 an amount that exceeds $3,000 for which the liabil25 ity remains unsatisfied. 


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1 SEC. 10003. None of the funds made available by this 

2 Act may be used for the ‘‘Afghanistan Infrastructure 

3 Fund’’. 

4 SEC. 10004. None of the funds made available by this 

5 Act may be used to transfer or release to the Republic 

6 of Yemen (or any entity within Yemen) a detainee who 

7 is or was held, detained, or otherwise in the custody of 

8 the Department of Defense on or after June 24, 2009, 

9 at the United States Naval Station, Guantanamo Bay, 

10 Cuba. 

11 SEC. 10005. None of the funds appropriated or other12 wise made available by this Act may be used to retire, 

13 divest, or transfer, or to prepare or plan for the retire14 ment, divestment, or transfer of, the entire KC–10 fleet 

15 during fiscal year 2015. 

16 SEC. 10006. None of the funds made available by this 

17 Act may be used to promulgate Directive 293, issued De18 cember 16, 2010, by the Office of Federal Contract Com19 pliance Programs. 

20 SEC. 10007. None of the funds made available by this 

21 Act may be used to enter into any contract with an incor22 porated entity if such entity’s sealed bid or competitive 

23 proposal shows that such entity is incorporated or char24 tered in Bermuda or the Cayman Islands, and such entiVerDate Mar 15 2010 02:38 Jun 26, 2014 Jkt 039200 PO 00000 Frm 00143 Fmt 6652 Sfmt 6201 E:\BILLS\H4870.RFS H4870

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1 ty’s sealed bid or competitive proposal shows that such 

2 entity was previously incorporated in the United States. 

3 SEC. 10008. None of the funds made available by this 

4 Act may be used to appoint chaplains for the military de5 partments in contravention of Department of Defense In6 struction 1304.28, dated June 11, 2004, incorporating 

7 change 3, dated March 20, 2014, regarding the appoint8 ment of chaplains for the military departments. 

9 SEC. 10009. None of the funds made available by this 

10 Act may be used to enforce section 526 of the Energy 

11 Independence and Security Act of 2007 (Public Law 110– 

12 140; 42 U.S.C. 17142). 

13 SEC. 10010. None of the funds made available by this 

14 Act may be obligated or expended to transfer man-port15 able air defense systems (MANPADS) to any entity in 

16 Syria. 

17 SEC. 10011. None of the funds made available by this 

18 Act may be used to design, implement, administer, or 

19 carry out the U.S. Global Climate Research Program Na20 tional Climate Assessment, the Intergovernmental Panel 

21 on Climate Change’s Fifth Assessment Report, the United 

22 Nations’ Agenda 21 sustainable development plan, or the 

23 May 2013 Technical Update of the Social Cost of Carbon 

24 for Regulatory Impact Analysis Under Executive Order 

25 No. 12866. 


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1 SEC. 10012. None of the funds made available by this 

2 Act may be used with respect to Iraq in contravention of 

3 the War Powers Resolution (50 U.S.C. 1541 et seq.), in4 cluding for the introduction of United States armed forces 

5 into hostilities in Iraq, into situations in Iraq where immi6 nent involvement in hostilities is clearly indicated by the 

7 circumstances, or into Iraqi territory, airspace, or waters 

8 while equipped for combat, in contravention of the con9 gressional consultation and reporting requirements of sec10 tions 3 and 4 of such Resolution (50 U.S.C. 1542 and 

11 1543). 

12 SEC. 10013. None of the funds made available by this 

13 Act may be used to plan for or carry out a furlough of 

14 a dual status military technician (as defined in section 

15 10216 of title 10, United States Code). 

16 SEC. 10014. None of the funds made available by this 

17 Act may be used to implement Executive Order No. 12473 

18 of April 13, 1984, as amended by Executive Order No. 

19 13669 of June 13, 2014, as those amendments apply to 

20 section 405(i) of the Rules for Courts-Martial. 

21 SEC. 10015. None of the funds appropriated or other22 wise made available by this Act may be used to pay for 

23 storage for patrol boats procured under the Department 

24 of Navy Memorandum #105–E2P–196 dated October 12, 

25 2010. 


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1 SEC. 10016. None of the funds made available by this 

2 Act may be used to implement the Treaty on Open Skies, 

3 done at Helsinki March 24, 1992, and entered into force 

4 January 1, 2002. 

5 SEC. 10017. None of the funds made available by this 

6 Act may be used to maintain or improve Department of 

7 Defense real property with a zero percent utilization rate 

8 according to the Department’s real property inventory 

9 database, except in the case of maintenance of an historic 

10 property as required by the National Historic Preservation 

11 Act (16 U.S.C. 470 et seq.) or maintenance to prevent 

12 a negative environmental impact as required by the Na13 tional Environmental Policy Act of 1969 (42 U.S.C. 4321 

14 et seq.). 

15 SEC. 10018. None of the funds made available by this 

16 Act may be used to procure any Army Aircrew Combat 

17 Uniforms. 

18 SEC. 10019. None of the funds made available by this 

19 Act may be obligated or expended to implement the Con20 vention on the Prohibition of the Use, Stockpiling, Pro21 duction and Transfer of Anti-Personnel Mines and on 

22 their Destruction. 

23 SEC. 10020. None of the funds made available by this 

24 Act may be used to carry out any of the following: 


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1 (1) Section 2(b), 2(d), 2(g), 3(c), 3(e), 3(f), or 

2 3(g) of Executive Order No. 13423. 

3 (2) Section 2(a), 2(b), 2(c), 2(f)(iii–iv), 2(h), 7, 

4 9, 12, 13, or 16 of Executive Order No. 13514. 

5 (3) Section 2911 of title 10, United States 

6 Code. 

7 (4) Section 400AA or 400 FF of the Energy 

8 Policy and Conservation Act (42 U.S.C. 6374, 

9 6374e). 

10 (5) Section 303 of the Energy Policy Act of 

11 1992 (42 U.S.C. 13212). 

12 (6) Section 203 of the Energy Policy Act of 

13 2005 (42 U.S.C. 15852). 

14 SEC. 10021. None of the funds made available by this 

15 Act may be used to ‘‘consult’’, as the term is used in ref16 erence to the Department of Defense and the National Se17 curity Agency, in contravention of the ‘‘assur[ance]’’ pro18 vided in section 20(c)(1)(A) of the National Institute of 

19 Standards and Technology Act (15 U.S.C. 278g– 

20 3(c)(1)(A). 

21 SEC. 10022. None of the funds made available by this 

22 Act may be used to propose, plan for, or execute an addi23 tional Base Realignment and Closure round. 


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1 SEC. 10023. None of the funds made available by this 

2 Act may be used in contravention of Article II, section 

3 2 of the Constitution. 

4 SEC. 10024. None of the funds made available by this 

5 Act may be used to transfer weapons to the Palestinian 

6 Authority. 

7 SEC. 10025. None of the funds made available by this 

8 Act may be used to— 

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

10 Senior Reserve Officers’ Training Corps program in 

11 accordance with Department of Defense Instruction 

12 Number 1215.08, dated June 26, 2006; or 

13 (2) close, downgrade from host to extension 

14 center, or place on probation a Senior Reserve Offi15 cers’ Training Corps program in accordance with the 

16 information paper of the Department of the Army 

17 titled ‘‘Army Senior Reserve Officers’ Training 

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

19 dated January 27, 2014. 

20 SEC. 10026. None of the funds appropriated or other21 wise made available in this Act may be used to enter into 

22 a contract for the planning, design, refurbishing, or con23 struction of a biofuels refinery unless such planning, de24 sign, refurbishing, or construction is specifically author25 ized by law. 


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1 SEC. 10027. None of the funds made available by this 

2 Act may be used to divest, retire, transfer, or place in stor3 age, or prepare to divest, retire, transfer, or place in stor4 age, any A–10 aircraft, or to disestablish any units of the 

5 active or reserve component associated with such aircraft. 

6 SEC. 10028. None of the funds appropriated or other7 wise made available by this Act may be used to transfer 

8 or release any individual detained at United States Naval 

9 Station, Guantanamo Bay, Cuba to the individual’s coun10 try of origin or to any other foreign country. 

11 SEC. 10029. (a) Except as provided in subsection (b), 

12 none of the funds made available by this Act may be used 

13 by an officer or employee of the United States to query 

14 a collection of foreign intelligence information acquired 

15 under section 702 of the Foreign Intelligence Surveillance 

16 Act of 1978 (50 U.S.C. 1881a) using a United States per17 son identifier. 

18 (b) Subsection (a) shall not apply to queries for for19 eign intelligence information authorized under section 

20 105, 304, 703, 704, or 705 of the Foreign Intelligence 

21 Surveillance Act of 1978 (50 U.S.C. 1805; 1842; 1881b; 

22 1881c; 1881d), or title 18, United States Code, regardless 

23 of under what Foreign Intelligence Surveillance Act au24 thority it was collected. 


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1 (c) Except as provided for in subsection (d), none of 

2 the funds made available by this Act may be used by the 

3 National Security Agency or the Central Intelligence 

4 Agency to mandate or request that a person (as defined 

5 in section 1801(m) of title 50, United States Code) alter 

6 its product or service to permit the electronic surveillance 

7 (as defined in section 1801(f) of title 50, United States 

8 Code) of any user of said product or service for said agen9 cies. 

10 (d) Subsection (c) shall not apply with respect to 

11 mandates or requests authorized under the Communica12 tions Assistance for Law Enforcement Act (47 U.S.C. 

13 1001 et seq.). 

14 SEC. 10030. None of the funds made available in this 

15 Act may be used to enter into a contract with any person 

16 whose disclosures of a proceeding with a disposition listed 

17 in section 2313(c)(1) of title 41, United States Code, in 

18 the Federal Awardee Performance and Integrity Informa19 tion System include the term ‘‘Fair Labor Standards 

20 Act.’’. 

21 SEC. 10031. None of the funds made available by this 

22 Act may be used in contravention of section 1034 of title 

23 10, Untied States Code. 

24 SEC. 10032. None of the funds made available by this 

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1 plement the Small Business Administration interim final 

2 rule titled ‘‘Small Business Size Standards; Adoption of 

3 2012 North American Industry Classification System’’ 

4 (published August 20, 2012, in the Federal Register) with 

5 respect to the procurement of footwear. 

6 SEC. 10033. None of the funds made available by this 

7 Act may be obligated or expended to the following entities 

8 or in contravention of section 2339B of title 18, United 

9 States Code: 

10 (1) The Government of Iran. 

11 (2) The Government of Syria. 

12 (3) The Palestinian Authority. 

13 (4) Hamas. 

14 (5) The Islamic State of Iraq and Syria. 

15 This Act may be cited as the ‘‘Department of Defense 

16 Appropriations Act, 2015’’. 

Passed the House of Representatives June 20, 2014. 

Attest: KAREN L. HAAS, 

Clerk. 


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