IB 

Union Calendar No. 59 

116TH CONGRESS 

1ST SESSION H. R. 2968 

[Report No. 116–84] 

Making appropriations for the Department of Defense for the fiscal year 

ending September 30, 2020, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 23, 2019 

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

bill; which was committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 

A BILL 

Making appropriations for the Department of Defense for 

the fiscal year ending September 30, 2020, and for other 

purposes. 


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

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 fiscal year ending September 30, 2020, for military func6 tions administered by the Department of Defense and for 

7 other purposes, namely: 

8 TITLE I 

9 MILITARY PERSONNEL 

10 MILITARY PERSONNEL, ARMY

11 For pay, allowances, individual clothing, subsistence, 

12 interest on deposits, gratuities, permanent change of sta13 tion travel (including all expenses thereof for organiza14 tional movements), and expenses of temporary duty travel 

15 between permanent duty stations, for members of the 

16 Army on active duty (except members of reserve compo17 nents provided for elsewhere), cadets, and aviation cadets; 

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

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

20 377, as amended (42 U.S.C. 402 note), and to the Depart21 ment of Defense Military Retirement Fund, 

22 $42,314,762,000. 

23 MILITARY PERSONNEL, NAVY

24 For pay, allowances, individual clothing, subsistence, 

25 interest on deposits, gratuities, permanent change of staVerDate Sep 11 2014 22:31 May 23, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2968.RH H2968

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1 tion travel (including all expenses thereof for organiza2 tional movements), and expenses of temporary duty travel 

3 between permanent duty stations, for members of the 

4 Navy on active duty (except members of the Reserve pro5 vided for elsewhere), midshipmen, and aviation cadets; for 

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

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

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

9 of Defense Military Retirement Fund, $31,679,229,000. 

10 MILITARY PERSONNEL, MARINE CORPS

11 For pay, allowances, individual clothing, subsistence, 

12 interest on deposits, gratuities, permanent change of sta13 tion travel (including all expenses thereof for organiza14 tional movements), and expenses of temporary duty travel 

15 between permanent duty stations, for members of the Ma16 rine Corps on active duty (except members of the Reserve 

17 provided for elsewhere); and for payments pursuant to sec18 tion 156 of Public Law 97–377, as amended (42 U.S.C. 

19 402 note), and to the Department of Defense Military Re20 tirement Fund, $14,064,751,000. 

21 MILITARY PERSONNEL, AIR FORCE

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 Air 

2 Force on active duty (except members of reserve compo3 nents provided for elsewhere), cadets, and aviation cadets; 

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

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

6 377, as amended (42 U.S.C. 402 note), and to the Depart7 ment of Defense Military Retirement Fund, 

8 $31,082,769,000. 

9 RESERVE PERSONNEL, ARMY

10 For pay, allowances, clothing, subsistence, gratuities, 

11 travel, and related expenses for personnel of the Army Re12 serve on active duty under sections 10211, 10302, and 

13 7038 of title 10, United States Code, or while serving on 

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

15 States Code, in connection with performing duty specified 

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

17 while undergoing reserve training, or while performing 

18 drills or equivalent duty or other duty, and expenses au19 thorized by section 16131 of title 10, United States Code; 

20 and for payments to the Department of Defense Military 

21 Retirement Fund, $4,847,321,000. 

22 RESERVE PERSONNEL, NAVY

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

24 travel, and related expenses for personnel of the Navy Re25 serve on active duty under section 10211 of title 10, 


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

2 section 12301(d) of title 10, United States Code, in con3 nection with performing duty specified in section 12310(a) 

4 of title 10, United States Code, or while undergoing re5 serve training, or while performing drills or equivalent 

6 duty, and expenses authorized by section 16131 of title 

7 10, United States Code; and for payments to the Depart8 ment of Defense Military Retirement Fund, 

9 $2,113,357,000. 

10 RESERVE PERSONNEL, MARINE CORPS

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

12 travel, and related expenses for personnel of the Marine 

13 Corps Reserve on active duty under section 10211 of title 

14 10, United States Code, or while serving on active duty 

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

16 in connection with performing duty specified in section 

17 12310(a) of title 10, United States Code, or while under18 going reserve training, or while performing drills or equiv19 alent duty, and for members of the Marine Corps platoon 

20 leaders class, and expenses authorized by section 16131 

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

22 Department of Defense Military Retirement Fund, 

23 $829,124,000. 


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1 RESERVE PERSONNEL, AIR FORCE

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

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

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

5 9038 of title 10, United States Code, or while serving on 

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

7 States Code, in connection with performing duty specified 

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

9 while undergoing reserve training, or while performing 

10 drills or equivalent duty or other duty, and expenses au11 thorized by section 16131 of title 10, United States Code; 

12 and for payments to the Department of Defense Military 

13 Retirement Fund, $1,993,280,000. 

14 NATIONAL GUARD PERSONNEL, ARMY

15 For pay, allowances, clothing, subsistence, gratuities, 

16 travel, and related expenses for personnel of the Army Na17 tional Guard while on duty under sections 10211, 10302, 

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

19 States Code, or while serving on duty under section 

20 12301(d) of title 10 or section 502(f) of title 32, United 

21 States Code, in connection with performing duty specified 

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

23 while undergoing training, or while performing drills or 

24 equivalent duty or other duty, and expenses authorized by 

25 section 16131 of title 10, United States Code; and for payVerDate Sep 11 2014 22:31 May 23, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2968.RH H2968

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1 ments to the Department of Defense Military Retirement 

2 Fund, $8,664,535,000. 

3 NATIONAL GUARD PERSONNEL, AIR FORCE

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

5 travel, and related expenses for personnel of the Air Na6 tional Guard on duty under sections 10211, 10305, or 

7 12402 of title 10 or section 708 of title 32, United States 

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

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

10 in connection with performing duty specified in section 

11 12310(a) of title 10, United States Code, or while under12 going training, or while performing drills or equivalent 

13 duty or other duty, and expenses authorized by section 

14 16131 of title 10, United States Code; and for payments 

15 to the Department of Defense Military Retirement Fund, 

16 $4,032,521,000. 

17 TITLE II 

18 OPERATION AND MAINTENANCE 

19 OPERATION AND MAINTENANCE, ARMY

20 For expenses, not otherwise provided for, necessary 

21 for the operation and maintenance of the Army, as author22 ized by law, $41,449,293,000: Provided, That not to ex23 ceed $12,478,000 can be used for emergencies and ex24 traordinary expenses, to be expended upon the approval 

25 or authority of the Secretary of the Army, and payments 


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1 may be made on his certificate of necessity for confidential 

2 military purposes. 

3 OPERATION AND MAINTENANCE, NAVY

4 For expenses, not otherwise provided for, necessary 

5 for the operation and maintenance of the Navy and the 

6 Marine Corps, as authorized by law, $51,417,389,000: 

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

8 emergencies and extraordinary expenses, to be expended 

9 upon the approval or authority of the Secretary of the 

10 Navy, and payments may be made on his certificate of 

11 necessity for confidential military purposes. 

12 OPERATION AND MAINTENANCE, MARINE CORPS

13 For expenses, not otherwise provided for, necessary 

14 for the operation and maintenance of the Marine Corps, 

15 as authorized by law, $7,945,854,000. 

16 OPERATION AND MAINTENANCE, AIR FORCE

17 For expenses, not otherwise provided for, necessary 

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

19 authorized by law, $44,662,729,000: Provided, That not 

20 to exceed $7,699,000 can be used for emergencies and ex21 traordinary expenses, to be expended upon the approval 

22 or authority of the Secretary of the Air Force, and pay23 ments may be made on his certificate of necessity for con24 fidential military purposes. 


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1 OPERATION AND MAINTENANCE, SPACE FORCE

2 For expenses, not otherwise provided for, necessary 

3 to study and refine plans for the potential establishment 

4 of a Space Force as a branch of the Armed Forces, 

5 $15,000,000: Provided, That nothing in this provision 

6 shall be construed to authorize the establishment of a 

7 Space Force. 

8 OPERATION AND MAINTENANCE, DEFENSE-WIDE

9 (INCLUDING TRANSFER OF FUNDS)

10 For expenses, not otherwise provided for, necessary 

11 for the operation and maintenance of activities and agen12 cies of the Department of Defense (other than the military 

13 departments), as authorized by law, $37,238,522,000: 

14 Provided, That not more than $6,859,000 may be used 

15 for the Combatant Commander Initiative Fund authorized 

16 under section 166a of title 10, United States Code: Pro17 vided further, That not to exceed $36,000,000 can be used 

18 for emergencies and extraordinary expenses, to be ex19 pended on the approval or authority of the Secretary of 

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

21 necessity for confidential military purposes: Provided fur22 ther, That of the funds provided under this heading, not 

23 less than $44,500,000 shall be made available for the Pro24 curement Technical Assistance Cooperative Agreement 

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1 able for centers defined in 10 U.S.C. 2411(1)(D): Pro2 vided further, That none of the funds appropriated or oth3 erwise made available by this Act may be used to plan 

4 or implement the consolidation of a budget or appropria5 tions liaison office of the Office of the Secretary of De6 fense, the office of the Secretary of a military department, 

7 or the service headquarters of one of the Armed Forces 

8 into a legislative affairs or legislative liaison office: Pro9 vided further, That $17,732,000, to remain available until 

10 expended, is available only for expenses relating to certain 

11 classified activities, and may be transferred as necessary 

12 by the Secretary of Defense to operation and maintenance 

13 appropriations or research, development, test and evalua14 tion appropriations, to be merged with and to be available 

15 for the same time period as the appropriations to which 

16 transferred: Provided further, That any ceiling on the in17 vestment item unit cost of items that may be purchased 

18 with operation and maintenance funds shall not apply to 

19 the funds described in the preceding proviso: Provided fur20 ther, That of the funds provided under this heading, 

21 $623,073,000, of which $155,768,000, to remain available 

22 until September 30, 2021, shall be available to provide 

23 support and assistance to foreign security forces or other 

24 groups or individuals to conduct, support or facilitate 

25 counterterrorism, crisis response, or other Department of 


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1 Defense security cooperation programs: Provided further, 

2 That the transfer authority provided under this heading 

3 is in addition to any other transfer authority provided else4 where in this Act: Provided further, That of the funds 

5 made available under this heading for the Office of the 

6 Secretary of Defense, Policy, 10 percent shall be withheld 

7 from obligation until the Secretary of Defense submits the 

8 reports required under the heading ‘‘Counter-ISIS Train 

9 and Equip Fund’’ in the Department of Defense Appro10 priations Act, 2018 (Division C of Public Law 115–141) 

11 and the Department of Defense Appropriations Act, 2019 

12 (Division A of Public Law 115–245). 

13 OPERATION AND MAINTENANCE, ARMY RESERVE

14 For expenses, not otherwise provided for, necessary 

15 for the operation and maintenance, including training, or16 ganization, and administration, of the Army Reserve; re17 pair of facilities and equipment; hire of passenger motor 

18 vehicles; travel and transportation; care of the dead; re19 cruiting; procurement of services, supplies, and equip20 ment; and communications, $3,009,594,000. 

21 OPERATION AND MAINTENANCE, NAVY RESERVE

22 For expenses, not otherwise provided for, necessary 

23 for the operation and maintenance, including training, or24 ganization, and administration, of the Navy Reserve; re25 pair of facilities and equipment; hire of passenger motor 


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1 vehicles; travel and transportation; care of the dead; re2 cruiting; procurement of services, supplies, and equip3 ment; and communications, $1,110,116,000. 

4 OPERATION AND MAINTENANCE, MARINE CORPS

5 RESERVE

6 For expenses, not otherwise provided for, necessary 

7 for the operation and maintenance, including training, or8 ganization, and administration, of the Marine Corps Re9 serve; repair of facilities and equipment; hire of passenger 

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

11 recruiting; procurement of services, supplies, and equip12 ment; and communications, $294,076,000. 

13 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

14 For expenses, not otherwise provided for, necessary 

15 for the operation and maintenance, including training, or16 ganization, and administration, of the Air Force Reserve; 

17 repair of facilities and equipment; hire of passenger motor 

18 vehicles; travel and transportation; care of the dead; re19 cruiting; procurement of services, supplies, and equip20 ment; and communications, $3,356,685,000. 

21 OPERATION AND MAINTENANCE, ARMY NATIONAL

22 GUARD

23 For expenses of training, organizing, and admin24 istering the Army National Guard, including medical and 

25 hospital treatment and related expenses in non-Federal 


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1 hospitals; maintenance, operation, and repairs to struc2 tures and facilities; hire of passenger motor vehicles; per3 sonnel services in the National Guard Bureau; travel ex4 penses (other than mileage), as authorized by law for 

5 Army personnel on active duty, for Army National Guard 

6 division, regimental, and battalion commanders while in7 specting units in compliance with National Guard Bureau 

8 regulations when specifically authorized by the Chief, Na9 tional Guard Bureau; supplying and equipping the Army 

10 National Guard as authorized by law; and expenses of re11 pair, modification, maintenance, and issue of supplies and 

12 equipment (including aircraft), $7,448,536,000. 

13 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

14 For expenses of training, organizing, and admin15 istering the Air National Guard, including medical and 

16 hospital treatment and related expenses in non-Federal 

17 hospitals; maintenance, operation, and repairs to struc18 tures and facilities; transportation of things, hire of pas19 senger motor vehicles; supplying and equipping the Air 

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

21 modification, maintenance, and issue of supplies and 

22 equipment, including those furnished from stocks under 

23 the control of agencies of the Department of Defense; 

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

25 authorized by law for Air National Guard personnel on 


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1 active Federal duty, for Air National Guard commanders 

2 while inspecting units in compliance with National Guard 

3 Bureau regulations when specifically authorized by the 

4 Chief, National Guard Bureau, $6,592,589,000. 

5 UNITED STATES COURT OF APPEALS FOR THE ARMED

6 FORCES

7 For salaries and expenses necessary for the United 

8 States Court of Appeals for the Armed Forces, 

9 $14,771,000, of which not to exceed $5,000 may be used 

10 for official representation purposes. 

11 ENVIRONMENTAL RESTORATION, ARMY

12 (INCLUDING TRANSFER OF FUNDS)

13 For the Department of the Army, $235,809,000, to 

14 remain available until transferred: Provided, That the Sec15 retary of the Army shall, upon determining that such 

16 funds are required for environmental restoration, reduc17 tion and recycling of hazardous waste, removal of unsafe 

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

19 for similar purposes, transfer the funds made available by 

20 this appropriation to other appropriations made available 

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

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

23 time period as the appropriations to which transferred: 

24 Provided further, That upon a determination that all or 

25 part of the funds transferred from this appropriation are 


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1 not necessary for the purposes provided herein, such 

2 amounts may be transferred back to this appropriation: 

3 Provided further, That the transfer authority provided 

4 under this heading is in addition to any other transfer au5 thority provided elsewhere in this Act. 

6 ENVIRONMENTAL RESTORATION, NAVY

7 (INCLUDING TRANSFER OF FUNDS)

8 For the Department of the Navy, $365,883,000, to 

9 remain available until transferred: Provided, That the Sec10 retary of the Navy shall, upon determining that such 

11 funds are required for environmental restoration, reduc12 tion and recycling of hazardous waste, removal of unsafe 

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

14 for similar purposes, transfer the funds made available by 

15 this appropriation to other appropriations made available 

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

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

18 time period as the appropriations to which transferred: 

19 Provided further, That upon a determination that all or 

20 part of the funds transferred from this appropriation are 

21 not necessary for the purposes provided herein, such 

22 amounts may be transferred back to this appropriation: 

23 Provided further, That the transfer authority provided 

24 under this heading is in addition to any other transfer au25 thority provided elsewhere in this Act. 


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1 ENVIRONMENTAL RESTORATION, AIR FORCE

2 (INCLUDING TRANSFER OF FUNDS)

3 For the Department of the Air Force, $365,808,000, 

4 to remain available until transferred: Provided, That the 

5 Secretary of the Air Force shall, upon determining that 

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

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

10 available by this appropriation to other appropriations 

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

12 merged with and to be available for the same purposes 

13 and for the same time period as the appropriations to 

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

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

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

20 other transfer authority provided elsewhere in this Act. 

21 ENVIRONMENTAL RESTORATION, DEFENSE-WIDE

22 (INCLUDING TRANSFER OF FUNDS)

23 For the Department of Defense, $19,002,000, to re24 main available until transferred: Provided, That the Sec25 retary of Defense shall, upon determining that such funds 


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1 are required for environmental restoration, reduction and 

2 recycling of hazardous waste, removal of unsafe buildings 

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

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

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

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

12 may be transferred back to this appropriation: Provided 

13 further, That the transfer authority provided under this 

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

16 ENVIRONMENTAL RESTORATION, FORMERLY USED

17 DEFENSE SITES

18 (INCLUDING TRANSFER OF FUNDS)

19 For the Department of the Army, $260,499,000, to 

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

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

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


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1 appropriation to other appropriations made available to 

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

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

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

6 of the funds transferred from this appropriation are not 

7 necessary for the purposes provided herein, such amounts 

8 may be transferred back to this appropriation: Provided 

9 further, That the transfer authority provided under this 

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

12 OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

13 For expenses relating to the Overseas Humanitarian, 

14 Disaster, and Civic Aid programs of the Department of 

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

17 United States Code), $117,663,000, to remain available 

18 until September 30, 2021. 

19 COOPERATIVE THREAT REDUCTION ACCOUNT

20 For assistance, including assistance provided by con21 tract or by grants, under programs and activities of the 

22 Department of Defense Cooperative Threat Reduction 

23 Program authorized under the Department of Defense Co24 operative Threat Reduction Act, $353,700,000, to remain 

25 available until September 30, 2022. 


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1 DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE

2 DEVELOPMENT FUND

3 For the Department of Defense Acquisition Work4 force Development Fund, $400,000,000, to remain avail5 able for obligation until September 30, 2020: Provided, 

6 That no other amounts may be otherwise credited or 

7 transferred to the Fund, or deposited into the Fund, in 

8 fiscal year 2019 pursuant to section 1705(d) of title 10, 

9 United States Code. 

10 TITLE III 

11 PROCUREMENT 

12 AIRCRAFT PROCUREMENT, ARMY

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

15 ordnance, ground handling equipment, spare parts, and 

16 accessories therefor; specialized equipment and training 

17 devices; expansion of public and private plants, including 

18 the land necessary therefor, for the foregoing purposes, 

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

20 and construction prosecuted thereon prior to approval of 

21 title; and procurement and installation of equipment, ap22 pliances, and machine tools in public and private plants; 

23 reserve plant and Government and contractor-owned 

24 equipment layaway; and other expenses necessary for the 


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1 foregoing purposes, $3,689,720,000, to remain available 

2 for obligation until September 30, 2022. 

3 MISSILE PROCUREMENT, ARMY

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

6 ordnance, ground handling equipment, spare parts, and 

7 accessories therefor; specialized equipment and training 

8 devices; expansion of public and private plants, including 

9 the land necessary therefor, for the foregoing purposes, 

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

11 and construction prosecuted thereon prior to approval of 

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

14 reserve plant and Government and contractor-owned 

15 equipment layaway; and other expenses necessary for the 

16 foregoing purposes, $3,218,272,000, to remain available 

17 for obligation until September 30, 2022. 

18 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

19 VEHICLES, ARMY

20 For construction, procurement, production, and 

21 modification of weapons and tracked combat vehicles, 

22 equipment, including ordnance, spare parts, and acces23 sories therefor; specialized equipment and training devices; 

24 expansion of public and private plants, including the land 

25 necessary therefor, for the foregoing purposes, and such 


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1 lands and interests therein, may be acquired, and con2 struction prosecuted thereon prior to approval of title; and 

3 procurement and installation of equipment, appliances, 

4 and machine tools in public and private plants; reserve 

5 plant and Government and contractor-owned equipment 

6 layaway; and other expenses necessary for the foregoing 

7 purposes, $4,849,373,000, to remain available for obliga8 tion until September 30, 2022. 

9 PROCUREMENT OF AMMUNITION, ARMY

10 For construction, procurement, production, and 

11 modification of ammunition, and accessories therefor; spe12 cialized equipment and training devices; expansion of pub13 lic and private plants, including ammunition facilities, au14 thorized by section 2854 of title 10, United States Code, 

15 and the land necessary therefor, for the foregoing pur16 poses, and such lands and interests therein, may be ac17 quired, and construction prosecuted thereon prior to ap18 proval of title; and procurement and installation of equip19 ment, appliances, and machine tools in public and private 

20 plants; reserve plant and Government and contractor21 owned equipment layaway; and other expenses necessary 

22 for the foregoing purposes, $2,583,895,000, to remain 

23 available for obligation until September 30, 2022. 


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1 OTHER PROCUREMENT, ARMY

2 For construction, procurement, production, and 

3 modification of vehicles, including tactical, support, and 

4 non-tracked combat vehicles; the purchase of passenger 

5 motor vehicles for replacement only; communications and 

6 electronic equipment; other support equipment; spare 

7 parts, ordnance, and accessories therefor; specialized 

8 equipment and training devices; expansion of public and 

9 private plants, including the land necessary therefor, for 

10 the foregoing purposes, and such lands and interests 

11 therein, may be acquired, and construction prosecuted 

12 thereon prior to approval of title; and procurement and 

13 installation of equipment, appliances, and machine tools 

14 in public and private plants; reserve plant and Govern15 ment and contractor-owned equipment layaway; and other 

16 expenses necessary for the foregoing purposes, 

17 $7,583,678,000, to remain available for obligation until 

18 September 30, 2022. 

19 AIRCRAFT PROCUREMENT, NAVY

20 For construction, procurement, production, modifica21 tion, and modernization of aircraft, equipment, including 

22 ordnance, spare parts, and accessories therefor; specialized 

23 equipment; expansion of public and private plants, includ24 ing the land necessary therefor, and such lands and inter25 ests therein, may be acquired, and construction prosecuted 


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1 thereon prior to approval of title; and procurement and 

2 installation of equipment, appliances, and machine tools 

3 in public and private plants; reserve plant and Govern4 ment and contractor-owned equipment layaway, 

5 $18,971,913,000, to remain available for obligation until 

6 September 30, 2022. 

7 WEAPONS PROCUREMENT, NAVY

8 For construction, procurement, production, modifica9 tion, and modernization of missiles, torpedoes, other weap10 ons, and related support equipment including spare parts, 

11 and accessories therefor; expansion of public and private 

12 plants, including the land necessary therefor, and such 

13 lands and interests therein, may be acquired, and con14 struction prosecuted thereon prior to approval of title; and 

15 procurement and installation of equipment, appliances, 

16 and machine tools in public and private plants; reserve 

17 plant and Government and contractor-owned equipment 

18 layaway, $4,061,797,000, to remain available for obliga19 tion until September 30, 2022. 

20 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

21 CORPS

22 For construction, procurement, production, and 

23 modification of ammunition, and accessories therefor; spe24 cialized equipment and training devices; expansion of pub25 lic and private plants, including ammunition facilities, auVerDate Sep 11 2014 22:31 May 23, 2019 Jkt 089200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H2968.RH H2968

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1 thorized by section 2854 of title 10, United States Code, 

2 and the land necessary therefor, for the foregoing pur3 poses, and such lands and interests therein, may be ac4 quired, and construction prosecuted thereon prior to ap5 proval of title; and procurement and installation of equip6 ment, appliances, and machine tools in public and private 

7 plants; reserve plant and Government and contractor8 owned equipment layaway; and other expenses necessary 

9 for the foregoing purposes, $848,782,000, to remain avail10 able for obligation until September 30, 2022. 

11 SHIPBUILDING AND CONVERSION, NAVY

12 For expenses necessary for the construction, acquisi13 tion, or conversion of vessels as authorized by law, includ14 ing armor and armament thereof, plant equipment, appli15 ances, and machine tools and installation thereof in public 

16 and private plants; reserve plant and Government and con17 tractor-owned equipment layaway; procurement of critical, 

18 long lead time components and designs for vessels to be 

19 constructed or converted in the future; and expansion of 

20 public and private plants, including land necessary there21 for, and such lands and interests therein, may be acquired, 

22 and construction prosecuted thereon prior to approval of 

23 title, as follows: 

24 Ohio Replacement Submarine (AP), $1,611,989,000; 

25 Carrier Replacement Program, $2,066,000,000; 


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1 Virginia Class Submarine, $4,192,346,000; 

2 Virginia Class Submarine (AP), $4,266,552,000; 

3 CVN Refueling Overhauls, $667,926,000; 

4 CVN Refueling Overhauls (AP), $16,900,000; 

5 DDG–1000 Program, $155,944,000; 

6 DDG–51 Destroyer, $5,015,295,000; 

7 DDG–51 Destroyer (AP), $224,028,000; 

8 FFG-Frigate, $1,281,177,000; 

9 TAO Fleet Oiler, $981,215,000; 

10 TAO Fleet Oiler (AP), $73,000,000; 

11 Towing, Salvage, and Rescue Ship, $150,282,000; 

12 LCU 1700, $83,670,000; 

13 Ship to Shore Connector, $65,000,000; 

14 Service Craft, $56,289,000; 

15 For outfitting, post delivery, conversions, and first 

16 destination transportation, $736,243,000; and 

17 Completion of Prior Year Shipbuilding Programs, 

18 $55,700,000. 

19 In all: $21,699,556,000, to remain available for obli20 gation until September 30, 2024: Provided, That addi21 tional obligations may be incurred after September 30, 

22 2024, for engineering services, tests, evaluations, and 

23 other such budgeted work that must be performed in the 

24 final stage of ship construction: Provided further, That 

25 none of the funds provided under this heading for the conVerDate Sep 11 2014 22:31 May 23, 2019 Jkt 089200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H2968.RH H2968

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1 struction or conversion of any naval vessel to be con2 structed in shipyards in the United States shall be ex3 pended in foreign facilities for the construction of major 

4 components of such vessel: Provided further, That none 

5 of the funds provided under this heading shall be used 

6 for the construction of any naval vessel in foreign ship7 yards: Provided further, That funds appropriated or other8 wise made available by this Act for production of the com9 mon missile compartment of nuclear-powered vessels may 

10 be available for multiyear procurement of critical compo11 nents to support continuous production of such compart12 ments only in accordance with the provisions of subsection 

13 (i) of section 2218a of title 10, United States Code (as 

14 added by section 1023 of the National Defense Authoriza15 tion Act for Fiscal Year 2017 (Public Law 114–328)). 

16 OTHER PROCUREMENT, NAVY

17 For procurement, production, and modernization of 

18 support equipment and materials not otherwise provided 

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

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

21 of passenger motor vehicles for replacement only; expan22 sion of public and private plants, including the land nec23 essary therefor, and such lands and interests therein, may 

24 be acquired, and construction prosecuted thereon prior to 

25 approval of title; and procurement and installation of 


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1 equipment, appliances, and machine tools in public and 

2 private plants; reserve plant and Government and con3 tractor-owned equipment layaway, $9,123,068,000, to re4 main available for obligation until September 30, 2022. 

5 PROCUREMENT, MARINE CORPS

6 For expenses necessary for the procurement, manu7 facture, and modification of missiles, armament, military 

8 equipment, spare parts, and accessories therefor; plant 

9 equipment, appliances, and machine tools, and installation 

10 thereof in public and private plants; reserve plant and 

11 Government and contractor-owned equipment layaway; ve12 hicles for the Marine Corps, including the purchase of pas13 senger motor vehicles for replacement only; and expansion 

14 of public and private plants, including land necessary 

15 therefor, and such lands and interests therein, may be ac16 quired, and construction prosecuted thereon prior to ap17 proval of title, $2,838,151,000, to remain available for ob18 ligation until September 30, 2022. 

19 AIRCRAFT PROCUREMENT, AIR FORCE

20 For construction, procurement, and modification of 

21 aircraft and equipment, including armor and armament, 

22 specialized ground handling equipment, and training de23 vices, spare parts, and accessories therefor; specialized 

24 equipment; expansion of public and private plants, Gov25 ernment-owned equipment and installation thereof in such 


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1 plants, erection of structures, and acquisition of land, 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; reserve plant and Gov5 ernment and contractor-owned equipment layaway; and 

6 other expenses necessary for the foregoing purposes in7 cluding rents and transportation of things, 

8 $18,082,933,000, to remain available for obligation until 

9 September 30, 2022. 

10 MISSILE PROCUREMENT, AIR FORCE

11 For construction, procurement, and modification of 

12 missiles, rockets, and related equipment, including spare 

13 parts and accessories therefor; ground handling equip14 ment, and training devices; expansion of public and pri15 vate plants, Government-owned equipment and installa16 tion thereof in such plants, erection of structures, and ac17 quisition of land, for the foregoing purposes, and such 

18 lands and interests therein, may be acquired, and con19 struction prosecuted thereon prior to approval of title; re20 serve plant and Government and contractor-owned equip21 ment layaway; and other expenses necessary for the fore22 going purposes including rents and transportation of 

23 things, $2,789,287,000, to remain available for obligation 

24 until September 30, 2022. 


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1 SPACE PROCUREMENT, AIR FORCE

2 For construction, procurement, and modification of 

3 spacecraft, rockets, and related equipment, including 

4 spare parts and accessories therefor; ground handling 

5 equipment, and training devices; expansion of public and 

6 private plants, Government-owned equipment and installa7 tion thereof in such plants, erection of structures, and ac8 quisition of land, for the foregoing purposes, and such 

9 lands and interests therein, may be acquired, and con10 struction prosecuted thereon prior to approval of title; re11 serve plant and Government and contractor-owned equip12 ment layaway; and other expenses necessary for the fore13 going purposes including rents and transportation of 

14 things, $2,368,443,000, to remain available for obligation 

15 until September 30, 2022. 

16 PROCUREMENT OF AMMUNITION, AIR FORCE

17 For construction, procurement, production, and 

18 modification of ammunition, and accessories therefor; spe19 cialized equipment and training devices; expansion of pub20 lic and private plants, including ammunition facilities, au21 thorized by section 2854 of title 10, United States Code, 

22 and the land necessary therefor, for the foregoing pur23 poses, and such lands and interests therein, may be ac24 quired, and construction prosecuted thereon prior to ap25 proval of title; and procurement and installation of equipVerDate Sep 11 2014 22:31 May 23, 2019 Jkt 089200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H2968.RH H2968

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1 ment, appliances, and machine tools in public and private 

2 plants; reserve plant and Government and contractor3 owned equipment layaway; and other expenses necessary 

4 for the foregoing purposes, $1,602,761,000, to remain 

5 available for obligation until September 30, 2022. 

6 OTHER PROCUREMENT, AIR FORCE

7 For procurement and modification of equipment (in8 cluding ground guidance and electronic control equipment, 

9 and ground electronic and communication equipment), 

10 and supplies, materials, and spare parts therefor, not oth11 erwise provided for; the purchase of passenger motor vehi12 cles for replacement only; lease of passenger motor vehi13 cles; and expansion of public and private plants, Govern14 ment-owned equipment and installation thereof in such 

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

16 the foregoing purposes, and such lands and interests 

17 therein, may be acquired, and construction prosecuted 

18 thereon, prior to approval of title; reserve plant and Gov19 ernment and contractor-owned equipment layaway, 

20 $21,067,888,000, to remain available for obligation until 

21 September 30, 2022. 

22 PROCUREMENT, DEFENSE-WIDE

23 For expenses of activities and agencies of the Depart24 ment of Defense (other than the military departments) 

25 necessary for procurement, production, and modification 


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1 of equipment, supplies, materials, and spare parts there2 for, not otherwise provided for; the purchase of passenger 

3 motor vehicles for replacement only; expansion of public 

4 and private plants, equipment, and installation thereof in 

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

6 for the foregoing purposes, and such lands and interests 

7 therein, may be acquired, and construction prosecuted 

8 thereon prior to approval of title; reserve plant and Gov9 ernment and contractor-owned equipment layaway, 

10 $5,100,866,000, to remain available for obligation until 

11 September 30, 2022. 

12 DEFENSE PRODUCTION ACT PURCHASES

13 For activities by the Department of Defense pursuant 

14 to sections 108, 301, 302, and 303 of the Defense Produc15 tion Act of 1950 (50 U.S.C. 4518, 4531, 4532, and 4533), 

16 $64,393,000, to remain available until expended. 

17 TITLE IV 

18 RESEARCH, DEVELOPMENT, TEST AND 

19 EVALUATION 

20 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

21 ARMY

22 For expenses necessary for basic and applied sci23 entific research, development, test and evaluation, includ24 ing maintenance, rehabilitation, lease, and operation of faVerDate Sep 11 2014 22:31 May 23, 2019 Jkt 089200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H2968.RH H2968

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1 cilities and equipment, $12,046,783,000, to remain avail2 able for obligation until September 30, 2021. 

3 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

4 NAVY

5 For expenses necessary for basic and applied sci6 entific research, development, test and evaluation, includ7 ing maintenance, rehabilitation, lease, and operation of fa8 cilities and equipment, $19,140,865,000, to remain avail9 able for obligation until September 30, 2021. Provided, 

10 That funds appropriated in this paragraph which are 

11 available for the V-22 may be used to meet unique oper12 ational requirements of the Special Operations Forces. 

13 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

14 AIR FORCE

15 For expenses necessary for basic and applied sci16 entific research, development, test and evaluation, includ17 ing maintenance, rehabilitation, lease, and operation of fa18 cilities and equipment, $44,554,256,000, to remain avail19 able for obligation until September 30, 2021. 

20 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

21 DEFENSE-WIDE

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 $24,492,308,000, to remain available for obligation until 

5 September 30, 2021. 

6 OPERATIONAL TEST AND EVALUATION, DEFENSE

7 For expenses, not otherwise provided for, necessary 

8 for the independent activities of the Director, Operational 

9 Test and Evaluation, in the direction and supervision of 

10 operational test and evaluation, including initial oper11 ational test and evaluation which is conducted prior to, 

12 and in support of, production decisions; joint operational 

13 testing and evaluation; and administrative expenses in 

14 connection therewith, $221,200,000, to remain available 

15 for obligation until September 30, 2021. 

16 TITLE V 

17 REVOLVING AND MANAGEMENT FUNDS 

18 DEFENSE WORKING CAPITAL FUNDS

19 For the Defense Working Capital Funds, 

20 $1,226,211,000. 

21 DEFENSE COUNTERINTELLIGENCE AND SECURITY

22 AGENCY WORKING CAPITAL FUND

23 For the Defense Counterintelligence and Security 

24 Agency Working Capital Fund, $200,000,000. 


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1 TITLE VI 

2 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

3 DEFENSE HEALTH PROGRAM

4 For expenses, not otherwise provided for, for medical 

5 and health care programs of the Department of Defense 

6 as authorized by law, $33,476,039,000; of which 

7 $31,359,442,000, shall be for operation and maintenance, 

8 of which not to exceed one percent shall remain available 

9 for obligation until September 30, 2021, and of which up 

10 to $15,176,945,000 may be available for contracts entered 

11 into under the TRICARE program; of which 

12 $454,324,000, to remain available for obligation until Sep13 tember 30, 2022, shall be for procurement; and of which 

14 $1,662,273,000, to remain available for obligation until 

15 September 30, 2021, shall be for research, development, 

16 test and evaluation: Provided, That, notwithstanding any 

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

18 this heading for research, development, test and evalua19 tion, not less than $8,000,000 shall be available for HIV 

20 prevention educational activities undertaken in connection 

21 with United States military training, exercises, and hu22 manitarian assistance activities conducted primarily in Af23 rican nations: Provided further, That of the funds provided 

24 under this heading for research, development, test and 

25 evaluation, not less than $930,000,000 shall be made 


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1 available to the United States Army Medical Research and 

2 Materiel Command to carry out the congressionally di3 rected medical research programs: Provided further, That 

4 the Secretary of Defense shall submit to the House and 

5 Senate Appropriations Committees quarterly reports on 

6 the current status of the deployment of the electronic 

7 health record: Provided further, That the Secretary of De8 fense shall provide notice to the House and Senate Appro9 priations Committees not later than 10 business days after 

10 delaying the proposed timeline of such deployment if such 

11 delay is longer than one week: Provided further, That the 

12 Comptroller General of the United States shall perform 

13 quarterly performance reviews of such deployment. 

14 CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, 

15 DEFENSE

16 For expenses, not otherwise provided for, necessary 

17 for the destruction of the United States stockpile of lethal 

18 chemical agents and munitions in accordance with the pro19 visions of section 1412 of the Department of Defense Au20 thorization Act, 1986 (50 U.S.C. 1521), and for the de21 struction of other chemical warfare materials that are not 

22 in the chemical weapon stockpile, $985,499,000, of which 

23 $107,351,000 shall be for operation and maintenance, of 

24 which no less than $52,452,000 shall be for the Chemical 

25 Stockpile Emergency Preparedness Program, consisting of 


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1 $22,444,000 for activities on military installations and 

2 $30,008,000, to remain available until September 30, 

3 2021, to assist State and local governments; $2,218,000 

4 shall be for procurement, to remain available until Sep5 tember 30, 2022, of which not less than $2,218,000 shall 

6 be for the Chemical Stockpile Emergency Preparedness 

7 Program to assist State and local governments; and 

8 $875,930,000, to remain available until September 30, 

9 2021, shall be for research, development, test and evalua10 tion, of which $869,430,000 shall only be for the Assem11 bled Chemical Weapons Alternatives program. 

12 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

13 DEFENSE

14 (INCLUDING TRANSFER OF FUNDS)

15 For drug interdiction and counter-drug activities of 

16 the Department of Defense, for transfer to appropriations 

17 available to the Department of Defense for military per18 sonnel of the reserve components serving under the provi19 sions of title 10 and title 32, United States Code; for oper20 ation and maintenance; for procurement; and for research, 

21 development, test and evaluation, $816,755,000, of which 

22 $517,171,000 shall be for counter-narcotics support; 

23 $121,922,000 shall be for the drug demand reduction pro24 gram; $172,291,000 shall be for the National Guard 

25 counter-drug program; and $5,371,000 shall be for the 


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1 National Guard counter-drug schools program: Provided, 

2 That the funds appropriated under this heading shall be 

3 available for obligation for the same time period and for 

4 the same purpose as the appropriation to which trans5 ferred: Provided further, That upon a determination that 

6 all or part of the funds transferred from this appropriation 

7 are not necessary for the purposes provided herein, such 

8 amounts may be transferred back to this appropriation: 

9 Provided further, That the transfer authority provided 

10 under this heading is in addition to any other transfer au11 thority contained elsewhere in this Act: Provided further, 

12 That section 284 of title 10, United States Code, may only 

13 be carried out using amounts appropriated under this 

14 heading for counter-narcotics support: Provided further, 

15 That amounts appropriated under this heading for 

16 counter-narcotics support may not be used for the con17 struction of fences pursuant to subsection (b)(7) of such 

18 section: Provided further, That the transfer authority con19 tained in section 8005 in title VIII of this Act shall not 

20 apply to amounts made available under this heading: Pro21 vided further, That funds appropriated under this heading 

22 for counter-narcotics support may only be transferred 15 

23 days following written notification to the congressional de24 fense committees. 


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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, $363,499,000, 

5 of which $360,201,000 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; of 

11 which $333,000 to remain available for obligation until 

12 September 30, 2022, shall be for procurement; and of 

13 which $2,965,000, to remain available until September 30, 

14 2021, shall be for research, development, test and evalua15 tion. 

16 TITLE VII 

17 RELATED AGENCIES 

18 CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

19 DISABILITY SYSTEM FUND

20 For payment to the Central Intelligence Agency Re21 tirement and Disability System Fund, to maintain the 

22 proper funding level for continuing the operation of the 

23 Central Intelligence Agency Retirement and Disability 

24 System, $514,000,000. 


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1 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

2 For necessary expenses of the Intelligence Commu3 nity Management Account, $558,000,000. 

4 TITLE VIII 

5 GENERAL PROVISIONS 

6 SEC. 8001. No part of any appropriation contained 

7 in this Act shall be used for publicity or propaganda pur8 poses not authorized by the Congress. 

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

10 of law prohibiting the payment of compensation to, or em11 ployment of, any person not a citizen of the United States 

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

13 Provided, That salary increases granted to direct and indi14 rect hire foreign national employees of the Department of 

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

16 of the percentage increase authorized by law for civilian 

17 employees of the Department of Defense whose pay is 

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

19 United States Code, or at a rate in excess of the percent20 age increase provided by the appropriate host nation to 

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

22 That this section shall not apply to Department of De23 fense foreign service national employees serving at United 

24 States diplomatic missions whose pay is set by the Depart25 ment of State under the Foreign Service Act of 1980: ProVerDate Sep 11 2014 22:31 May 23, 2019 Jkt 089200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\H2968.RH H2968

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1 vided further, That the limitations of this provision shall 

2 not apply to foreign national employees of the Department 

3 of Defense in the Republic of Turkey. 

4 SEC. 8003. No part of any appropriation contained 

5 in this Act shall remain available for obligation beyond 

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

7 SEC. 8004. No more than 20 percent of the appro8 priations in this Act which are limited for obligation dur9 ing the current fiscal year shall be obligated during the 

10 last 2 months of the fiscal year: Provided, That this sec11 tion shall not apply to obligations for support of active 

12 duty training of reserve components or summer camp 

13 training of the Reserve Officers’ Training Corps. 

14 (TRANSFER OF FUNDS)

15 SEC. 8005. Upon determination by the Secretary of 

16 Defense that such action is necessary in the national inter17 est, he may, with the approval of the Office of Manage18 ment and Budget, transfer not to exceed a total of 

19 $1,000,000,000 of working capital funds of the Depart20 ment of Defense or funds made available in this Act to 

21 the Department of Defense for military functions (except 

22 military construction) between such appropriations or 

23 funds or any subdivision thereof, to be merged with and 

24 to be available for the same purposes, and for the same 

25 time period, as the appropriation or fund to which transVerDate Sep 11 2014 22:31 May 23, 2019 Jkt 089200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\H2968.RH H2968

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1 ferred: Provided, That such authority to transfer may not 

2 be used unless the Secretary of Defense and the head of 

3 each entity affected by such transfer certifies in writing 

4 to the congressional defense committees, as part of the 

5 applicable request for reprogramming required for such 

6 transfer, that the funds will be used for higher priority 

7 items, based on unforeseen military requirements, than 

8 those for which originally appropriated and in no case 

9 where the item for which funds are requested has been 

10 denied by the Congress: Provided further, That the Sec11 retary of Defense shall notify the Congress promptly of 

12 all transfers made pursuant to this authority or any other 

13 authority in this Act: Provided further, That no part of 

14 the funds in this Act shall be available to prepare or 

15 present a request to the Committees on Appropriations for 

16 reprogramming of funds, unless for higher priority items, 

17 based on unforeseen military requirements, than those for 

18 which originally appropriated and in no case where the 

19 item for which reprogramming is requested has been de20 nied by the Congress: Provided further, That a request for 

21 multiple reprogrammings of funds using authority pro22 vided in this section shall be made prior to June 30, 2020. 

23 SEC. 8006. (a) With regard to the list of specific pro24 grams, projects, and activities (and the dollar amounts 

25 and adjustments to budget activities corresponding to 


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

2 tables titled Explanation of Project Level Adjustments in 

3 the explanatory statement regarding this Act, the obliga4 tion and expenditure of amounts appropriated or other5 wise made available in this Act for those programs, 

6 projects, and activities for which the amounts appro7 priated exceed the amounts requested are hereby required 

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

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

10 in the text of this Act. 

11 (b) Amounts specified in the referenced tables de12 scribed in subsection (a) shall not be treated as subdivi13 sions of appropriations for purposes of section 8005 of this 

14 Act: Provided, That section 8005 shall apply when trans15 fers of the amounts described in subsection (a) occur be16 tween appropriation accounts. 

17 SEC. 8007. (a) Not later than 60 days after enact18 ment of this Act, the Department of Defense shall submit 

19 a report to the congressional defense committees to estab20 lish the baseline for application of reprogramming and 

21 transfer authorities for fiscal year 2020: Provided, That 

22 the report shall include— 

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


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1 due to enacted rescissions, if appropriate, and the 

2 fiscal year enacted level; 

3 (2) a delineation in the table for each appro4 priation both by budget activity and program, 

5 project, and activity as detailed in the Budget Ap6 pendix; and 

7 (3) an identification of items of special congres8 sional interest. 

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

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

11 reprogramming or transfer until the report identified in 

12 subsection (a) is submitted to the congressional defense 

13 committees, unless the Secretary of Defense certifies in 

14 writing to the congressional defense committees that such 

15 reprogramming or transfer is necessary as an emergency 

16 requirement: Provided, That this subsection shall not 

17 apply to transfers from the following appropriations ac18 counts: 

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

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

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

22 (4) ‘‘Environmental Restoration, Defense23 Wide’’ 

24 (5) ‘‘Environmental Restoration, Formerly 

25 Used Defense Sites’’. 


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1 (TRANSFER OF FUNDS)

2 SEC. 8008. During the current fiscal year, cash bal3 ances in working capital funds of the Department of De4 fense established pursuant to section 2208 of title 10, 

5 United States Code, may be maintained in only such 

6 amounts as are necessary at any time for cash disburse7 ments to be made from such funds: Provided, That trans8 fers may be made between such funds: Provided further, 

9 That transfers may be made between working capital 

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

11 appropriation and the ‘‘Operation and Maintenance’’ ap12 propriation accounts in such amounts as may be deter13 mined by the Secretary of Defense, with the approval of 

14 the Office of Management and Budget, except that such 

15 transfers may not be made unless the Secretary of Defense 

16 has notified the Congress of the proposed transfer: Pro17 vided further, That except in amounts equal to the 

18 amounts appropriated to working capital funds in this Act, 

19 no obligations may be made against a working capital fund 

20 to procure or increase the value of war reserve material 

21 inventory, unless the Secretary of Defense has notified the 

22 Congress prior to any such obligation. 

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

24 be used to initiate a special access program without prior 


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1 notification 30 calendar days in advance to the congres2 sional defense committees. 

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

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

5 employs economic order quantity procurement in excess of 

6 $20,000,000 in any one year of the contract or that in7 cludes an unfunded contingent liability in excess of 

8 $20,000,000; or (2) a contract for advance procurement 

9 leading to a multiyear contract that employs economic 

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

11 any one year, unless the congressional defense committees 

12 have been notified at least 30 days in advance of the pro13 posed contract award: Provided, That no part of any ap14 propriation contained in this Act shall be available to ini15 tiate a multiyear contract for which the economic order 

16 quantity advance procurement is not funded at least to 

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

18 That no part of any appropriation contained in this Act 

19 shall be available to initiate multiyear procurement con20 tracts for any systems or component thereof if the value 

21 of the multiyear contract would exceed $500,000,000 un22 less specifically provided in this Act: Provided further, 

23 That no multiyear procurement contract can be termi24 nated without 30-day prior notification to the congres25 sional defense committees: Provided further, That the exeVerDate Sep 11 2014 22:31 May 23, 2019 Jkt 089200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\H2968.RH H2968

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1 cution of multiyear authority shall require the use of a 

2 present value analysis to determine lowest cost compared 

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

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

5 contract executed after the date of the enactment of this 

6 Act unless in the case of any such contract— 

7 (1) the Secretary of Defense has submitted to 

8 Congress a budget request for full funding of units 

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

10 of a contract for procurement of aircraft, that in11 cludes, for any aircraft unit to be procured through 

12 the contract for which procurement funds are re13 quested in that budget request for production be14 yond advance procurement activities in the fiscal 

15 year covered by the budget, full funding of procure16 ment of such unit in that fiscal year; 

17 (2) cancellation provisions in the contract do 

18 not include consideration of recurring manufacturing 

19 costs of the contractor associated with the produc20 tion of unfunded units to be delivered under the con21 tract; 

22 (3) the contract provides that payments to the 

23 contractor under the contract shall not be made in 

24 advance of incurred costs on funded units; and 


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1 (4) the contract does not provide for a price ad2 justment based on a failure to award a follow-on 

3 contract. 

4 SEC. 8011. Within the funds appropriated for the op5 eration and maintenance of the Armed Forces, funds are 

6 hereby appropriated pursuant to section 401 of title 10, 

7 United States Code, for humanitarian and civic assistance 

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

9 Such funds may also be obligated for humanitarian and 

10 civic assistance costs incidental to authorized operations 

11 and pursuant to authority granted in section 401 of chap12 ter 20 of title 10, United States Code, and these obliga13 tions shall be reported as required by section 401(d) of 

14 title 10, United States Code: Provided, That funds avail15 able for operation and maintenance shall be available for 

16 providing humanitarian and similar assistance by using 

17 Civic Action Teams in the Trust Territories of the Pacific 

18 Islands and freely associated states of Micronesia, pursu19 ant to the Compact of Free Association as authorized by 

20 Public Law 99–239: Provided further, That upon a deter21 mination by the Secretary of the Army that such action 

22 is beneficial for graduate medical education programs con23 ducted at Army medical facilities located in Hawaii, the 

24 Secretary of the Army may authorize the provision of med25 ical services at such facilities and transportation to such 


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1 facilities, on a nonreimbursable basis, for civilian patients 

2 from American Samoa, the Commonwealth of the North3 ern Mariana Islands, the Marshall Islands, the Federated 

4 States of Micronesia, Palau, and Guam. 

5 SEC. 8012. (a) During the current fiscal year, the 

6 civilian personnel of the Department of Defense may not 

7 be managed on the basis of any end-strength, and the 

8 management of such personnel during that fiscal year 

9 shall not be subject to any constraint or limitation (known 

10 as an end-strength) on the number of such personnel who 

11 may be employed on the last day of such fiscal year. 

12 (b) The fiscal year 2021 budget request for the De13 partment of Defense as well as all justification material 

14 and other documentation supporting the fiscal year 2021 

15 Department of Defense budget request shall be prepared 

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

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

18 year 2021. 

19 (c) As required by section 1107 of the National De20 fense Authorization Act for Fiscal Year 2014 (Public Law 

21 113–66; 10 U.S.C. 2358 note) civilian personnel at the 

22 Department of Army Science and Technology Reinvention 

23 Laboratories may not be managed on the basis of the 

24 Table of Distribution and Allowances, and the manage25 ment of the workforce strength shall be done in a manner 


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1 consistent with the budget available with respect to such 

2 Laboratories. 

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

4 to military (civilian) technicians. 

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

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

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

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

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

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

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

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

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

19 active components of the Army. 

20 (TRANSFER OF FUNDS)

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

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

25 a Mentor-Protege Program developmental assistance 


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1 agreement pursuant to section 831 of the National De2 fense Authorization Act for Fiscal Year 1991 (Public Law 

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

4 authority of this provision or any other transfer authority 

5 contained in this Act. 

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

7 available for the purchase by the Department of Defense 

8 (and its departments and agencies) of welded shipboard 

9 anchor and mooring chain 4 inches in diameter and under 

10 unless the anchor and mooring chain are manufactured 

11 in the United States from components which are substan12 tially manufactured in the United States: Provided, That 

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

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

15 of chain and welding (including the forging and shot blast16 ing process): Provided further, That for the purpose of this 

17 section substantially all of the components of anchor and 

18 mooring chain shall be considered to be produced or manu19 factured in the United States if the aggregate cost of the 

20 components produced or manufactured in the United 

21 States exceeds the aggregate cost of the components pro22 duced or manufactured outside the United States: Pro23 vided further, That when adequate domestic supplies are 

24 not available to meet Department of Defense requirements 

25 on a timely basis, the Secretary of the Service responsible 


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1 for the procurement may waive this restriction on a case2 by-case basis by certifying in writing to the Committees 

3 on Appropriations that such an acquisition must be made 

4 in order to acquire capability for national security pur5 poses. 

6 SEC. 8017. None of the funds appropriated by this 

7 Act shall be used for the support of any nonappropriated 

8 funds activity of the Department of Defense that procures 

9 malt beverages and wine with nonappropriated funds for 

10 resale (including such alcoholic beverages sold by the 

11 drink) on a military installation located in the United 

12 States unless such malt beverages and wine are procured 

13 within that State, or in the case of the District of Colum14 bia, within the District of Columbia, in which the military 

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

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

17 purchases may be made in any State in which the installa18 tion is located: Provided further, That such local procure19 ment requirements for malt beverages and wine shall 

20 apply to all alcoholic beverages only for military installa21 tions in States which are not contiguous with another 

22 State: Provided further, That alcoholic beverages other 

23 than wine and malt beverages, in contiguous States and 

24 the District of Columbia shall be procured from the most 

25 competitive source, price and other factors considered. 


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1 SEC. 8018. None of the funds available to the De2 partment of Defense may be used to demilitarize or dis3 pose of M–1 Carbines, M–1 Garand rifles, M–14 rifles, 

4 .22 caliber rifles, .30 caliber rifles, or M–1911 pistols, or 

5 to demilitarize or destroy small arms ammunition or am6 munition components that are not otherwise prohibited 

7 from commercial sale under Federal law, unless the small 

8 arms ammunition or ammunition components are certified 

9 by the Secretary of the Army or designee as unserviceable 

10 or unsafe for further use. 

11 SEC. 8019. No more than $500,000 of the funds ap12 propriated or made available in this Act shall be used dur13 ing a single fiscal year for any single relocation of an orga14 nization, unit, activity or function of the Department of 

15 Defense into or within the National Capital Region: Pro16 vided, That the Secretary of Defense may waive this re17 striction on a case-by-case basis by certifying in writing 

18 to the congressional defense committees that such a relo19 cation is required in the best interest of the Government. 

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

21 $25,000,000 shall be available for incentive payments au22 thorized by section 504 of the Indian Financing Act of 

23 1974 (25 U.S.C. 1544): Provided, That a prime contractor 

24 or a subcontractor at any tier that makes a subcontract 

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1 tion 1544 of title 25, United States Code, or a small busi2 ness owned and controlled by an individual or individuals 

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

4 Code, shall be considered a contractor for the purposes 

5 of being allowed additional compensation under section 

6 504 of the Indian Financing Act of 1974 (25 U.S.C. 

7 1544) whenever the prime contract or subcontract amount 

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

9 appropriated by an Act making appropriations for the De10 partment of Defense with respect to any fiscal year: Pro11 vided further, That notwithstanding section 1906 of title 

12 41, United States Code, this section shall be applicable 

13 to any Department of Defense acquisition of supplies or 

14 services, including any contract and any subcontract at 

15 any tier for acquisition of commercial items produced or 

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

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

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

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

20 of title 25, United States Code. 

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

22 Defense Media Activity shall not be used for any national 

23 or international political or psychological activities. 

24 SEC. 8022. During the current fiscal year, the De25 partment of Defense is authorized to incur obligations of 


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1 not to exceed $350,000,000 for purposes specified in sec2 tion 2350j(c) of title 10, United States Code, in anticipa3 tion of receipt of contributions, only from the Government 

4 of Kuwait, under that section: Provided, That, upon re5 ceipt, such contributions from the Government of Kuwait 

6 shall be credited to the appropriations or fund which in7 curred such obligations. 

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

9 Act, not less than $51,800,000 shall be available for the 

10 Civil Air Patrol Corporation, of which— 

11 (1) $37,233,000 shall be available from ‘‘Oper12 ation and Maintenance, Air Force’’ to support Civil 

13 Air Patrol Corporation operation and maintenance, 

14 readiness, counter-drug activities, and drug demand 

15 reduction activities involving youth programs; 

16 (2) $11,000,000 shall be available from ‘‘Air17 craft Procurement, Air Force’’; and 

18 (3) $3,567,000 shall be available from ‘‘Other 

19 Procurement, Air Force’’ for vehicle and commu20 nication equipment procurement. 

21 (b) The Secretary of the Air Force should waive reim22 bursement for any funds used by the Civil Air Patrol for 

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

24 local government agencies. 


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1 SEC. 8024. (a) None of the funds appropriated in this 

2 Act are available to establish a new Department of De3 fense (department) federally funded research and develop4 ment center (FFRDC), either as a new entity, or as a 

5 separate entity administrated by an organization man6 aging another FFRDC, or as a nonprofit membership cor7 poration consisting of a consortium of other FFRDCs and 

8 other nonprofit entities. 

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

10 Overseers, Advisory Group, Special Issues Panel, Visiting 

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

12 and no paid consultant to any defense FFRDC, except 

13 when acting in a technical advisory capacity, may be com14 pensated for his or her services as a member of such enti15 ty, or as a paid consultant by more than one FFRDC in 

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

17 referred to previously in this subsection shall be allowed 

18 travel expenses and per diem as authorized under the Fed19 eral Joint Travel Regulations, when engaged in the per20 formance of membership duties. 

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

22 of the funds available to the department from any source 

23 during the current fiscal year may be used by a defense 

24 FFRDC, through a fee or other payment mechanism, for 

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1 stallation, for payment of cost sharing for projects funded 

2 by Government grants, for absorption of contract over3 runs, or for certain charitable contributions, not to include 

4 employee participation in community service and/or devel5 opment. 

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

7 the funds available to the department during fiscal year 

8 2020, not more than 6,100 staff years of technical effort 

9 (staff years) may be funded for defense FFRDCs: Pro10 vided, That this subsection shall not apply to staff years 

11 funded in the National Intelligence Program (NIP) and 

12 the Military Intelligence Program (MIP). 

13 (e) The Secretary of Defense shall, with the submis14 sion of the Department’s fiscal year 2021 budget request, 

15 submit a report presenting the specific amounts of staff 

16 years of technical effort to be allocated for each defense 

17 FFRDC during that fiscal year and the associated budget 

18 estimates. 

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

20 the total amount appropriated in this Act for FFRDCs 

21 is hereby increased by $26,800,000: Provided, That this 

22 subsection shall not apply to appropriations for the Na23 tional Intelligence Program (NIP) and the Military Intel24 ligence Program (MIP). 


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1 SEC. 8025. None of the funds appropriated or made 

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

3 or armor steel plate for use in any Government-owned fa4 cility or property under the control of the Department of 

5 Defense which were not melted and rolled in the United 

6 States or Canada: Provided, That these procurement re7 strictions shall apply to any and all Federal Supply Class 

8 9515, American Society of Testing and Materials (ASTM) 

9 or American Iron and Steel Institute (AISI) specifications 

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

11 That the Secretary of the military department responsible 

12 for the procurement may waive this restriction on a case13 by-case basis by certifying in writing to the Committees 

14 on Appropriations of the House of Representatives and the 

15 Senate that adequate domestic supplies are not available 

16 to meet Department of Defense requirements on a timely 

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

18 to acquire capability for national security purposes: Pro19 vided further, That these restrictions shall not apply to 

20 contracts which are in being as of the date of the enact21 ment of this Act. 

22 SEC. 8026. For the purposes of this Act, the term 

23 ‘‘congressional defense committees’’ means the Armed 

24 Services Committee of the House of Representatives, the 

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1 committee on Defense of the Committee on Appropriations 

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

3 Committee on Appropriations of the House of Representa4 tives. 

5 SEC. 8027. During the current fiscal year, the De6 partment of Defense may acquire the modification, depot 

7 maintenance and repair of aircraft, vehicles and vessels 

8 as well as the production of components and other De9 fense-related articles, through competition between De10 partment of Defense depot maintenance activities and pri11 vate firms: Provided, That the Senior Acquisition Execu12 tive of the military department or Defense Agency con13 cerned, with power of delegation, shall certify that success14 ful bids include comparable estimates of all direct and in15 direct costs for both public and private bids: Provided fur16 ther, That Office of Management and Budget Circular A17 76 shall not apply to competitions conducted under this 

18 section. 

19 SEC. 8028. (a)(1) If the Secretary of Defense, after 

20 consultation with the United States Trade Representative, 

21 determines that a foreign country which is party to an 

22 agreement described in paragraph (2) has violated the 

23 terms of the agreement by discriminating against certain 

24 types of products produced in the United States that are 

25 covered by the agreement, the Secretary of Defense shall 


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1 rescind the Secretary’s blanket waiver of the Buy Amer2 ican Act with respect to such types of products produced 

3 in that foreign country. 

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

5 reciprocal defense procurement memorandum of under6 standing, between the United States and a foreign country 

7 pursuant to which the Secretary of Defense has prospec8 tively waived the Buy American Act for certain products 

9 in that country. 

10 (b) The Secretary of Defense shall submit to the Con11 gress a report on the amount of Department of Defense 

12 purchases from foreign entities in fiscal year 2020. Such 

13 report shall separately indicate the dollar value of items 

14 for which the Buy American Act was waived pursuant to 

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

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

17 international agreement to which the United States is a 

18 party. 

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

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

21 States Code. 

22 SEC. 8029. During the current fiscal year, amounts 

23 contained in the Department of Defense Overseas Military 

24 Facility Investment Recovery Account established by sec25 tion 2921(c)(1) of the National Defense Authorization Act 


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

2 be available until expended for the payments specified by 

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

4 SEC. 8030. (a) Notwithstanding any other provision 

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

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

7 tribes located in the States of Nevada, Idaho, North Da8 kota, South Dakota, Montana, Oregon, Minnesota, and 

9 Washington relocatable military housing units located at 

10 Grand Forks Air Force Base, Malmstrom Air Force Base, 

11 Mountain Home Air Force Base, Ellsworth Air Force 

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

13 needs of the Air Force. 

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

15 no cost to the Air Force, military housing units under sub16 section (a) in accordance with the request for such units 

17 that are submitted to the Secretary by the Operation 

18 Walking Shield Program on behalf of Indian tribes located 

19 in the States of Nevada, Idaho, North Dakota, South Da20 kota, Montana, Oregon, Minnesota, and Washington. Any 

21 such conveyance shall be subject to the condition that the 

22 housing units shall be removed within a reasonable period 

23 of time, as determined by the Secretary. 

24 (c) The Operation Walking Shield Program shall re25 solve any conflicts among requests of Indian tribes for 


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1 housing units under subsection (a) before submitting re2 quests to the Secretary of the Air Force under subsection 

3 (b). 

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

5 any recognized Indian tribe included on the current list 

6 published by the Secretary of the Interior under section 

7 104 of the Federally Recognized Indian Tribe Act of 1994 

8 (Public Law 103–454; 108 Stat. 4792; 25 U.S.C. 5131). 

9 SEC. 8031. During the current fiscal year, appropria10 tions which are available to the Department of Defense 

11 for operation and maintenance may be used to purchase 

12 items having an investment item unit cost of not more 

13 than $250,000. 

14 SEC. 8032. None of the funds made available by this 

15 Act may be used to— 

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

17 Senior Reserve Officers’ Training Corps program in 

18 accordance with Department of Defense Instruction 

19 Number 1215.08, dated June 26, 2006; or 

20 (2) close, downgrade from host to extension 

21 center, or place on probation a Senior Reserve Offi22 cers’ Training Corps program in accordance with the 

23 information paper of the Department of the Army 

24 titled ‘‘Army Senior Reserve Officer’s Training 


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

2 dated January 27, 2014. 

3 SEC. 8033. Up to $14,000,000 of the funds appro4 priated under the heading ‘‘Operation and Maintenance, 

5 Navy’’ may be made available for the Asia Pacific Re6 gional Initiative Program for the purpose of enabling the 

7 Pacific Command to execute Theater Security Cooperation 

8 activities such as humanitarian assistance, and payment 

9 of incremental and personnel costs of training and exer10 cising with foreign security forces: Provided, That funds 

11 made available for this purpose may be used, notwith12 standing any other funding authorities for humanitarian 

13 assistance, security assistance or combined exercise ex14 penses: Provided further, That funds may not be obligated 

15 to provide assistance to any foreign country that is other16 wise prohibited from receiving such type of assistance 

17 under any other provision of law. 

18 SEC. 8034. The Secretary of Defense shall issue reg19 ulations to prohibit the sale of any tobacco or tobacco20 related products in military resale outlets in the United 

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

22 most competitive price in the local community: Provided, 

23 That such regulations shall direct that the prices of to24 bacco or tobacco-related products in overseas military re25 tail outlets shall be within the range of prices established 


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1 for military retail system stores located in the United 

2 States. 

3 SEC. 8035. (a) During the current fiscal year, none 

4 of the appropriations or funds available to the Department 

5 of Defense Working Capital Funds shall be used for the 

6 purchase of an investment item for the purpose of acquir7 ing a new inventory item for sale or anticipated sale dur8 ing the current fiscal year or a subsequent fiscal year to 

9 customers of the Department of Defense Working Capital 

10 Funds if such an item would not have been chargeable 

11 to the Department of Defense Business Operations Fund 

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

13 investment item would be chargeable during the current 

14 fiscal year to appropriations made to the Department of 

15 Defense for procurement. 

16 (b) The fiscal year 2021 budget request for the De17 partment of Defense as well as all justification material 

18 and other documentation supporting the fiscal year 2021 

19 Department of Defense budget shall be prepared and sub20 mitted to the Congress on the basis that any equipment 

21 which was classified as an end item and funded in a pro22 curement appropriation contained in this Act shall be 

23 budgeted for in a proposed fiscal year 2021 procurement 

24 appropriation and not in the supply management business 


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

2 Defense Working Capital Funds. 

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

4 Act for programs of the Central Intelligence Agency shall 

5 remain available for obligation beyond the current fiscal 

6 year, except for funds appropriated for the Reserve for 

7 Contingencies, which shall remain available until Sep8 tember 30, 2021: Provided, That funds appropriated, 

9 transferred, or otherwise credited to the Central Intel10 ligence Agency Central Services Working Capital Fund 

11 during this or any prior or subsequent fiscal year shall 

12 remain available until expended: Provided further, That 

13 any funds appropriated or transferred to the Central Intel14 ligence Agency for advanced research and development ac15 quisition, for agent operations, and for covert action pro16 grams authorized by the President under section 503 of 

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

18 remain available until September 30, 2021. 

19 SEC. 8037. 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 

24 tribes, related administrative support, the gathering of in25 formation, documenting of environmental damage, and deVerDate Sep 11 2014 22:31 May 23, 2019 Jkt 089200 PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 E:\BILLS\H2968.RH H2968

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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. 8038. (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. 8039. (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. 8040. (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. 8041. 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: Provided, That no 

10 amounts may be rescinded from amounts that were des11 ignated by the Congress for Overseas Contingency Oper12 ations/Global War on Terrorism or as an emergency re13 quirement pursuant to the Concurrent Resolution on the 

14 Budget or the Balanced Budget and Emergency Deficit 

15 Control Act of 1985, as amended: 

16 ‘‘Shipbuilding and Conversion, Navy: DDG–51 De17 stroyer’’, 2012/2020, $86,000,000; 

18 ‘‘Shipbuilding and Conversion, Navy: LCAC SLEP’’, 

19 2013/2020, $2,000,000; 

20 ‘‘Missile Procurement, Army’’, 2018/2020, 

21 $14,056,000; 

22 ‘‘Procurement of Weapons and Tracked Combat Ve23 hicles, Army’’, 2018/2020, $97,000,000; 

24 ‘‘Other Procurement, Army’’, 2018/2020, 

25 $10,685,000; 


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1 ‘‘Aircraft Procurement, Navy’’, 2018/2020, 

2 $126,079,000; 

3 ‘‘Other Procurement, Navy’’, 2018/2020, 

4 $34,087,000; 

5 ‘‘Procurement, Marine Corps’’, 2018/2020, 

6 $9,046,000; 

7 ‘‘Aircraft Procurement, Air Force’’, 2018/2020, 

8 $160,200,000; 

9 ‘‘Other Procurement, Air Force’’, 2018/2020, 

10 $26,000,000; 

11 ‘‘Operation and Maintenance, Defense-Wide: DSCA 

12 Security Cooperation Account’’, 2019/2020, $21,314,000; 

13 ‘‘Aircraft Procurement, Army’’, 2019/2021, 

14 $58,600,000; 

15 ‘‘Procurement of Weapons and Tracked Combat Ve16 hicles’’, 2019/2021, $87,567,000; 

17 ‘‘Other Procurement, Army’’, 2019/2021, 

18 $75,173,000; 

19 ‘‘Aircraft Procurement, Navy’’, 2019/2021, 

20 $501,616,000; 

21 ‘‘Procurement of Ammunition, Navy and Marine 

22 Corps’’, 2019/2021, $22,000,000; 

23 ‘‘Other Procurement, Navy’’, 2019/2021, 

24 $44,964,000; 


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1 ‘‘Procurement, Marine Corps’’, 2019/2021, 

2 $74,456,000; 

3 ‘‘Aircraft Procurement, Air Force’’, 2019/2021, 

4 $629,300,000; 

5 ‘‘Missile Procurement, Air Force’’, 2019/2021, 

6 $76,000,000; 

7 ‘‘Space Procurement, Air Force’’, 2019/2021, 

8 $214,509,000; 

9 ‘‘Procurement of Ammunition, Air Force’’, 2019/ 

10 2021, $236,100,000; 

11 ‘‘Research, Development, Test and Evaluation, 

12 Army’’, 2019/2020, $65,933,000; 

13 ‘‘Research, Development, Test and Evaluation, 

14 Navy’’, 2019/2020, $240,088,000; and 

15 ‘‘Research, Development, Test and Evaluation, Air 

16 Force’’, 2019/2020, $131,200,000. 

17 SEC. 8042. None of the funds available in this Act 

18 may be used to reduce the authorized positions for mili19 tary technicians (dual status) of the Army National 

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

21 Reserve for the purpose of applying any administratively 

22 imposed civilian personnel ceiling, freeze, or reduction on 

23 military technicians (dual status), unless such reductions 

24 are a direct result of a reduction in military force struc25 ture. 


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1 SEC. 8043. None of the funds appropriated or other2 wise made available in this Act may be obligated or ex3 pended for assistance to the Democratic People’s Republic 

4 of Korea unless specifically appropriated for that purpose. 

5 SEC. 8044. Funds appropriated in this Act for oper6 ation and maintenance of the Military Departments, Com7 batant Commands and Defense Agencies shall be available 

8 for reimbursement of pay, allowances and other expenses 

9 which would otherwise be incurred against appropriations 

10 for the National Guard and Reserve when members of the 

11 National Guard and Reserve provide intelligence or coun12 terintelligence support to Combatant Commands, Defense 

13 Agencies and Joint Intelligence Activities, including the 

14 activities and programs included within the National Intel15 ligence Program and the Military Intelligence Program: 

16 Provided, That nothing in this section authorizes deviation 

17 from established Reserve and National Guard personnel 

18 and training procedures. 

19 SEC. 8045. (a) None of the funds available to the 

20 Department of Defense for any fiscal year for drug inter21 diction or counter-drug activities may be transferred to 

22 any other department or agency of the United States. 

23 (b) None of the funds available to the Central Intel24 ligence Agency for any fiscal year for drug interdiction or 


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1 counter-drug activities may be transferred to any other de2 partment or agency of the United States. 

3 SEC. 8046. None of the funds appropriated by this 

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

5 bearings other than those produced by a domestic source 

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

7 the military department responsible for such procurement 

8 may waive this restriction on a case-by-case basis by certi9 fying in writing to the Committees on Appropriations of 

10 the House of Representatives and the Senate, that ade11 quate domestic supplies are not available to meet Depart12 ment of Defense requirements on a timely basis and that 

13 such an acquisition must be made in order to acquire ca14 pability for national security purposes: Provided further, 

15 That this restriction shall not apply to the purchase of 

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

17 United States Code, except that the restriction shall apply 

18 to ball or roller bearings purchased as end items. 

19 SEC. 8047. In addition to the amounts appropriated 

20 or otherwise made available elsewhere in this Act, 

21 $44,000,000 is hereby appropriated to the Department of 

22 Defense: Provided, That upon the determination of the 

23 Secretary of Defense that it shall serve the national inter24 est, the Secretary shall make grants in the amounts speciVerDate Sep 11 2014 22:31 May 23, 2019 Jkt 089200 PO 00000 Frm 00074 Fmt 6652 Sfmt 6201 E:\BILLS\H2968.RH H2968

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1 fied as follows: $20,000,000 to the United Service Organi2 zations and $24,000,000 to the Red Cross. 

3 SEC. 8048. None of the funds in this Act may be 

4 used to purchase any supercomputer which is not manu5 factured in the United States, unless the Secretary of De6 fense certifies to the congressional defense committees 

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

8 capability for national security purposes that is not avail9 able from United States manufacturers. 

10 SEC. 8049. Notwithstanding any other provision in 

11 this Act, the Small Business Innovation Research program 

12 and the Small Business Technology Transfer program set13 asides shall be taken proportionally from all programs, 

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

15 extramural budget. 

16 SEC. 8050. 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. 8051. 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. 8052. 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. 8053. (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 (INCLUDING TRANSFER OF FUNDS)

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

11 under the heading ‘‘Operation and Maintenance, Defense12 Wide’’, $35,000,000 shall be for continued implementation 

13 and expansion of the Sexual Assault Special Victims’ 

14 Counsel Program: Provided, That the funds are made 

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

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

17 Force: Provided further, That funds transferred shall be 

18 merged with and available for the same purposes and for 

19 the same time period as the appropriations to which the 

20 funds are transferred: Provided further, That this transfer 

21 authority is in addition to any other transfer authority 

22 provided in this Act. 

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

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


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

3 prototyping, and test activities preceding and leading to 

4 acceptance for operational use: Provided further, That the 

5 Secretary of Defense shall, with submission of the Depart6 ment’s fiscal year 2021 budget request, submit a report 

7 detailing the use of funds requested in research, develop8 ment, test and evaluation accounts for end-items used in 

9 development, prototyping and test activities preceding and 

10 leading to acceptance for operational use: Provided further, 

11 That this restriction does not apply to programs funded 

12 within the National Intelligence Program: Provided fur13 ther, That the Secretary of Defense may waive this restric14 tion on a case-by-case basis by certifying in writing to the 

15 Committees on Appropriations of the House of Represent16 atives and the Senate that it is in the national security 

17 interest to do so. 

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

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

20 each limitation on the procurement of defense items from 

21 foreign sources provided in law if the Secretary determines 

22 that the application of the limitation with respect to that 

23 country would invalidate cooperative programs entered 

24 into between the Department of Defense and the foreign 

25 country, or would invalidate reciprocal trade agreements 


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1 for the procurement of defense items entered into under 

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

3 country does not discriminate against the same or similar 

4 defense items produced in the United States for that coun5 try. 

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

7 (1) contracts and subcontracts entered into on 

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

9 (2) options for the procurement of items that 

10 are exercised after such date under contracts that 

11 are entered into before such date if the option prices 

12 are adjusted for any reason other than the applica13 tion of a waiver granted under subsection (a). 

14 (c) Subsection (a) does not apply to a limitation re15 garding construction of public vessels, ball and roller bear16 ings, food, and clothing or textile materials as defined by 

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

18 Schedule of the United States and products classified 

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

20 6505, 7019, 7218 through 7229, 7304.41 through 

21 7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109, 

22 8211, 8215, and 9404. 

23 SEC. 8057. None of the funds appropriated or other24 wise made available by this or other Department of De25 fense Appropriations Acts may be obligated or expended 


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1 for the purpose of performing repairs or maintenance to 

2 military family housing units of the Department of De3 fense, including areas in such military family housing 

4 units that may be used for the purpose of conducting offi5 cial Department of Defense business. 

6 SEC. 8058. Notwithstanding any other provision of 

7 law, funds appropriated in this Act under the heading 

8 ‘‘Research, Development, Test and Evaluation, Defense9 Wide’’ for any new start advanced concept technology 

10 demonstration project or joint capability demonstration 

11 project may only be obligated 45 days after a report, in12 cluding a description of the project, the planned acquisi13 tion and transition strategy and its estimated annual and 

14 total cost, has been provided in writing to the congres15 sional defense committees. 

16 SEC. 8059. The Secretary of Defense shall continue 

17 to provide a classified quarterly report to the House and 

18 Senate Appropriations Committees, Subcommittees on 

19 Defense on certain matters as directed in the classified 

20 annex accompanying this Act. 

21 SEC. 8060. Notwithstanding section 12310(b) of title 

22 10, United States Code, a Reserve who is a member of 

23 the National Guard serving on full-time National Guard 

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


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1 may perform duties in support of the ground-based ele2 ments of the National Ballistic Missile Defense System. 

3 SEC. 8061. None of the funds provided in this Act 

4 may be used to transfer to any nongovernmental entity 

5 ammunition held by the Department of Defense that has 

6 a center-fire cartridge and a United States military no7 menclature designation of ‘‘armor penetrator’’, ‘‘armor 

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

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

10 entity performing demilitarization services for the Depart11 ment of Defense under a contract that requires the entity 

12 to demonstrate to the satisfaction of the Department of 

13 Defense that armor piercing projectiles are either: (1) ren14 dered incapable of reuse by the demilitarization process; 

15 or (2) used to manufacture ammunition pursuant to a con16 tract with the Department of Defense or the manufacture 

17 of ammunition for export pursuant to a License for Per18 manent Export of Unclassified Military Articles issued by 

19 the Department of State. 

20 SEC. 8062. Notwithstanding any other provision of 

21 law, the Chief of the National Guard Bureau, or his des22 ignee, may waive payment of all or part of the consider23 ation that otherwise would be required under section 2667 

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

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


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

2 United States Code, or any other youth, social, or fra3 ternal nonprofit organization as may be approved by the 

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

5 a case-by-case basis. 

6 (INCLUDING TRANSFER OF FUNDS)

7 SEC. 8063. Of the amounts appropriated in this Act 

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

9 $138,103,000 shall remain available until expended: Pro10 vided, That, notwithstanding any other provision of law, 

11 the Secretary of Defense is authorized to transfer such 

12 funds to other activities of the Federal Government: Pro13 vided further, That the Secretary of Defense is authorized 

14 to enter into and carry out contracts for the acquisition 

15 of real property, construction, personal services, and oper16 ations related to projects carrying out the purposes of this 

17 section: Provided further, That contracts entered into 

18 under the authority of this section may provide for such 

19 indemnification as the Secretary determines to be nec20 essary: Provided further, That projects authorized by this 

21 section shall comply with applicable Federal, State, and 

22 local law to the maximum extent consistent with the na23 tional security, as determined by the Secretary of Defense. 


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1 SEC. 8064. (a) None of the funds appropriated in this 

2 or any other Act may be used to take any action to mod3 ify— 

4 (1) the appropriations account structure for the 

5 National Intelligence Program budget, including 

6 through the creation of a new appropriation or new 

7 appropriation account; 

8 (2) how the National Intelligence Program 

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

10 R–1, and O–1 documents supporting the Depart11 ment of Defense budget request; 

12 (3) the process by which the National Intel13 ligence Program appropriations are apportioned to 

14 the executing agencies; or 

15 (4) the process by which the National Intel16 ligence Program appropriations are allotted, obli17 gated and disbursed. 

18 (b) Nothing in section (a) shall be construed to pro19 hibit the merger of programs or changes to the National 

20 Intelligence Program budget at or below the Expenditure 

21 Center level, provided such change is otherwise in accord22 ance with paragraphs (a)(1)–(3). 

23 (c) The Director of National Intelligence and the Sec24 retary of Defense may jointly, only for the purposes of 

25 achieving auditable financial statements and improving 


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1 fiscal reporting, study and develop detailed proposals for 

2 alternative financial management processes. Such study 

3 shall include a comprehensive counterintelligence risk as4 sessment to ensure that none of the alternative processes 

5 will adversely affect counterintelligence. 

6 (d) Upon development of the detailed proposals de7 fined under subsection (c), the Director of National Intel8 ligence and the Secretary of Defense shall— 

9 (1) provide the proposed alternatives to all af10 fected agencies; 

11 (2) receive certification from all affected agen12 cies attesting that the proposed alternatives will help 

13 achieve auditability, improve fiscal reporting, and 

14 will not adversely affect counterintelligence; and 

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

16 necessary certifications under paragraph (2), present 

17 the proposed alternatives and certifications to the 

18 congressional defense and intelligence committees. 

19 SEC. 8065. In addition to amounts provided else20 where in this Act, $5,000,000 is hereby appropriated to 

21 the Department of Defense, to remain available for obliga22 tion until expended: Provided, That notwithstanding any 

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

24 Secretary of Defense that it shall serve the national inter25 est, these funds shall be available only for a grant to the 


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

2 and furnishing of additional Fisher Houses to meet the 

3 needs of military family members when confronted with 

4 the illness or hospitalization of an eligible military bene5 ficiary. 

6 SEC. 8066. None of the funds available to the De7 partment of Defense may be obligated to modify command 

8 and control relationships to give Fleet Forces Command 

9 operational and administrative control of United States 

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

11 the command and control relationships which existed on 

12 October 1, 2004, shall remain in force until a written 

13 modification has been proposed to the House and Senate 

14 Appropriations Committees: Provided further, That the 

15 proposed modification may be implemented 30 days after 

16 the notification unless an objection is received from either 

17 the House or Senate Appropriations Committees: Provided 

18 further, That any proposed modification shall not preclude 

19 the ability of the commander of United States Indo-Pacific 

20 Command to meet operational requirements. 

21 SEC. 8067. Any notice that is required to be sub22 mitted to the Committees on Appropriations of the Senate 

23 and the House of Representatives under section 806(c)(4) 

24 of the Bob Stump National Defense Authorization Act for 

25 Fiscal Year 2003 (10 U.S.C. 2302 note) after the date 


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1 of the enactment of this Act shall be submitted pursuant 

2 to that requirement concurrently to the Subcommittees on 

3 Defense of the Committees on Appropriations of the Sen4 ate and the House of Representatives. 

5 (INCLUDING TRANSFER OF FUNDS)

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

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

8 ‘‘Research, Development, Test and Evaluation, Defense9 Wide’’, $500,000,000 shall be for the Israeli Cooperative 

10 Programs: Provided, That of this amount, $95,000,000 

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

13 defense system to counter short-range rocket threats, sub14 ject to the U.S.-Israel Iron Dome Procurement Agree15 ment, as amended; $191,000,000 shall be for the Short 

16 Range Ballistic Missile Defense (SRBMD) program, in17 cluding cruise missile defense research and development 

18 under the SRBMD program, of which $50,000,000 shall 

19 be for co-production activities of SRBMD systems in the 

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

22 and procedures, subject to the U.S.-Israeli co-production 

23 agreement for SRBMD, as amended; $55,000,000 shall 

24 be for an upper-tier component to the Israeli Missile De25 fense Architecture, of which $55,000,000 shall be for coVerDate Sep 11 2014 22:31 May 23, 2019 Jkt 089200 PO 00000 Frm 00087 Fmt 6652 Sfmt 6201 E:\BILLS\H2968.RH H2968

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1 production activities of Arrow 3 Upper Tier systems in 

2 the United States and in Israel to meet Israel’s defense 

3 requirements consistent with each nation’s laws, regula4 tions, and procedures, subject to the U.S.-Israeli co-pro5 duction agreement for Arrow 3 Upper Tier, as amended; 

6 and $159,000,000 shall be for the Arrow System Improve7 ment Program including development of a long range, 

8 ground and airborne, detection suite: Provided further, 

9 That the transfer authority provided under this provision 

10 is in addition to any other transfer authority contained 

11 in this Act. 

12 (INCLUDING TRANSFER OF FUNDS)

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

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

15 $55,700,000 shall be available until September 30, 2020, 

16 to fund prior year shipbuilding cost increases: Provided, 

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

18 Navy shall transfer funds to the following appropriations 

19 in the amounts specified: Provided further, That the 

20 amounts transferred shall be merged with and be available 

21 for the same purposes as the appropriations to which 

22 transferred to: 

23 (1) Under the heading ‘‘Shipbuilding and Con24 version, Navy’’, 2016/2020: Littoral Combat Ship 

25 $14,000,000; 


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1 (2) Under the heading ‘‘Shipbuilding and Con2 version, Navy’’, 2016/2020: Expeditionary Sea Base 

3 $38,000,000; and 

4 (3) Under the heading ‘‘Shipbuilding and Con5 version, Navy’’, 2018/2020: TAO Fleet Oiler 

6 $3,700,000. 

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

8 available by the transfer of funds in this Act, for intel9 ligence activities are deemed to be specifically authorized 

10 by the Congress for purposes of section 504 of the Na11 tional Security Act of 1947 (50 U.S.C. 3094) during fiscal 

12 year 2020 until the enactment of the Intelligence Author13 ization Act for Fiscal Year 2020. 

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

15 shall be available for obligation or expenditure through a 

16 reprogramming of funds that creates or initiates a new 

17 program, project, or activity, unless the Secretary of De18 fense notifies the congressional defense committees not 

19 less that 30 days in advance (or in an emergency, as far 

20 in advance as is practicable) that such program, project, 

21 or activity must be undertaken immediately to address a 

22 documented requirement in ongoing or anticipated contin23 gency operations that if left unfulfilled could potentially 

24 result in loss of life. 


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

2 year 2021 submitted to the Congress pursuant to section 

3 1105 of title 31, United States Code, shall include sepa4 rate budget justification documents for costs of United 

5 States Armed Forces’ participation in contingency oper6 ations for the Military Personnel accounts, the Operation 

7 and Maintenance accounts, the Procurement accounts, 

8 and the Research, Development, Test and Evaluation ac9 counts: Provided, That these documents shall include a de10 scription of the funding requested for each contingency op11 eration, for each military service, to include all Active and 

12 Reserve components, and for each appropriations account: 

13 Provided further, That these documents shall include esti14 mated costs for each element of expense or object class, 

15 a reconciliation of increases and decreases for each contin16 gency operation, and programmatic data including, but 

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

18 component, and estimates of the major weapons systems 

19 deployed in support of each contingency: Provided further, 

20 That these documents shall include budget exhibits OP– 

21 5 and OP–32 (as defined in the Department of Defense 

22 Financial Management Regulation) for all contingency op23 erations for the budget year and the two preceding fiscal 

24 years. 


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

2 used for research, development, test, evaluation, procure3 ment or deployment of nuclear armed interceptors of a 

4 missile defense system. 

5 SEC. 8074. The Secretary of Defense may use up to 

6 $500,000,000 of the amounts appropriated or otherwise 

7 made available in this Act to the Department of Defense 

8 for the rapid acquisition and deployment of supplies and 

9 associated support services pursuant to section 806 of the 

10 Bob Stump National Defense Authorization Act for Fiscal 

11 Year 2003 (Public Law 107–314; 10 U.S.C. 2302 note): 

12 Provided, That the Secretary of Defense shall notify the 

13 congressional defense committees promptly of all uses of 

14 this authority. 

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

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

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

19 the WC–130 Weather Reconnaissance mission below the 

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

21 shall allow the 53rd Weather Reconnaissance Squadron to 

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

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

25 shall be available for integration of foreign intelligence inVerDate Sep 11 2014 22:31 May 23, 2019 Jkt 089200 PO 00000 Frm 00091 Fmt 6652 Sfmt 6201 E:\BILLS\H2968.RH H2968

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1 formation unless the information has been lawfully col2 lected and processed during the conduct of authorized for3 eign intelligence activities: Provided, That information 

4 pertaining to United States persons shall only be handled 

5 in accordance with protections provided in the Fourth 

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

8 SEC. 8077. (a) None of the funds appropriated by 

9 this Act may be used to transfer research and develop10 ment, acquisition, or other program authority relating to 

11 current tactical unmanned aerial vehicles (TUAVs) from 

12 the Army. 

13 (b) The Army shall retain responsibility for and oper14 ational control of the MQ–1C Gray Eagle Unmanned Aer15 ial Vehicle (UAV) in order to support the Secretary of De16 fense in matters relating to the employment of unmanned 

17 aerial vehicles. 

18 SEC. 8078. None of the funds appropriated by this 

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

20 Intelligence shall remain available for obligation beyond 

21 the current fiscal year, except for funds appropriated for 

22 research and technology, which shall remain available until 

23 September 30, 2021. 

24 SEC. 8079. For purposes of section 1553(b) of title 

25 31, United States Code, any subdivision of appropriations 


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

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

3 purpose as any subdivision under the heading ‘‘Ship4 building and Conversion, Navy’’ appropriations in any 

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

6 to the total amount of the appropriation. 

7 SEC. 8080. (a) Not later than 60 days after the date 

8 of enactment of this Act, the Director of National Intel9 ligence shall submit a report to the congressional intel10 ligence committees to establish the baseline for application 

11 of reprogramming and transfer authorities for fiscal year 

12 2020: Provided, That the report shall include— 

13 (1) a table for each appropriation with a sepa14 rate column to display the President’s budget re15 quest, adjustments made by Congress, adjustments 

16 due to enacted rescissions, if appropriate, and the 

17 fiscal year enacted level; 

18 (2) a delineation in the table for each appro19 priation by Expenditure Center and project; and 

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

22 (b) None of the funds provided for the National Intel23 ligence Program in this Act shall be available for re24 programming or transfer until the report identified in sub25 section (a) is submitted to the congressional intelligence 


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1 committees, unless the Director of National Intelligence 

2 certifies in writing to the congressional intelligence com3 mittees that such reprogramming or transfer is necessary 

4 as an emergency requirement. 

5 SEC. 8081. Notwithstanding any other provision of 

6 law, any transfer of funds, appropriated or otherwise made 

7 available by this Act, for support to friendly foreign coun8 tries in connection with the conduct of operations in which 

9 the United States is not participating, pursuant to section 

10 331(d) of title 10, United States Code, shall be made in 

11 accordance with sections 8005 or 9002 of this Act, as ap12 plicable. 

13 SEC. 8082. Any transfer of amounts appropriated to, 

14 credited to, or deposited in the Department of Defense Ac15 quisition Workforce Development Fund in or for fiscal 

16 year 2020 to a military department or Defense Agency 

17 pursuant to section 1705(e)(1) of title 10, United States 

18 Code, shall be covered by and subject to sections 8005 or 

19 9002 of this Act, as applicable. 

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

21 Act for excess defense articles, assistance under section 

22 333 of title 10, United States Code, or peacekeeping oper23 ations for the countries designated annually to be in viola24 tion of the standards of the Child Soldiers Prevention Act 

25 of 2008 (Public Law 110–457; 22 U.S.C. 2370c–1) may 


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1 be used to support any military training or operation that 

2 includes child soldiers, as defined by the Child Soldiers 

3 Prevention Act of 2008, unless such assistance is other4 wise permitted under section 404 of the Child Soldiers 

5 Prevention Act of 2008. 

6 SEC. 8084. (a) None of the funds provided for the 

7 National Intelligence Program in this or any prior appro8 priations Act shall be available for obligation or expendi9 ture through a reprogramming or transfer of funds in ac10 cordance with section 102A(d) of the National Security 

11 Act of 1947 (50 U.S.C. 3024(d)) that— 

12 (1) creates a new start effort; 

13 (2) terminates a program with appropriated 

14 funding of $10,000,000 or more; 

15 (3) transfers funding into or out of the Na16 tional Intelligence Program; or 

17 (4) transfers funding between appropriations, 

18 unless the congressional intelligence committees are noti19 fied 30 days in advance of such reprogramming of funds; 

20 this notification period may be reduced for urgent national 

21 security requirements. 

22 (b) None of the funds provided for the National Intel23 ligence Program in this or any prior appropriations Act 

24 shall be available for obligation or expenditure through a 

25 reprogramming or transfer of funds in accordance with 


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1 section 102A(d) of the National Security Act of 1947 (50 

2 U.S.C. 3024(d)) that results in a cumulative increase or 

3 decrease of the levels specified in the classified annex ac4 companying the Act unless the congressional intelligence 

5 committees are notified 30 days in advance of such re6 programming of funds; this notification period may be re7 duced for urgent national security requirements. 

8 SEC. 8085. The Director of National Intelligence 

9 shall submit to Congress each year, at or about the time 

10 that the President’s budget is submitted to Congress that 

11 year under section 1105(a) of title 31, United States 

12 Code, a future-years intelligence program (including asso13 ciated annexes) reflecting the estimated expenditures and 

14 proposed appropriations included in that budget. Any such 

15 future-years intelligence program shall cover the fiscal 

16 year with respect to which the budget is submitted and 

17 at least the four succeeding fiscal years. 

18 SEC. 8086. For the purposes of this Act, the term 

19 ‘‘congressional intelligence committees’’ means the Perma20 nent Select Committee on Intelligence of the House of 

21 Representatives, the Select Committee on Intelligence of 

22 the Senate, the Subcommittee on Defense of the Com23 mittee on Appropriations of the House of Representatives, 

24 and the Subcommittee on Defense of the Committee on 

25 Appropriations of the Senate. 


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1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 8087. During the current fiscal year, not to ex3 ceed $11,000,000 from each of the appropriations made 

4 in title II of this Act for ‘‘Operation and Maintenance, 

5 Army’’, ‘‘Operation and Maintenance, Navy’’, and ‘‘Oper6 ation and Maintenance, Air Force’’ may be transferred by 

7 the military department concerned to its central fund es8 tablished for Fisher Houses and Suites pursuant to sec9 tion 2493(d) of title 10, United States Code. 

10 SEC. 8088. None of the funds appropriated by this 

11 Act may be available for the purpose of making remit12 tances to the Department of Defense Acquisition Work13 force Development Fund in accordance with section 1705 

14 of title 10, United States Code. 

15 SEC. 8089. (a) Any agency receiving funds made 

16 available in this Act, shall, subject to subsections (b) and 

17 (c), post on the public Web site of that agency any report 

18 required to be submitted by the Congress in this or any 

19 other Act, upon the determination by the head of the agen20 cy that it shall serve the national interest. 

21 (b) Subsection (a) shall not apply to a report if— 

22 (1) the public posting of the report com23 promises national security; or 

24 (2) the report contains proprietary information. 


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1 (c) The head of the agency posting such report shall 

2 do so only after such report has been made available to 

3 the requesting Committee or Committees of Congress for 

4 no less than 45 days. 

5 SEC. 8090. (a) None of the funds appropriated or 

6 otherwise made available by this Act may be expended for 

7 any Federal contract for an amount in excess of 

8 $1,000,000, unless the contractor agrees not to— 

9 (1) enter into any agreement with any of its 

10 employees or independent contractors that requires, 

11 as a condition of employment, that the employee or 

12 independent contractor agree to resolve through ar13 bitration any claim under title VII of the Civil 

14 Rights Act of 1964 or any tort related to or arising 

15 out of sexual assault or harassment, including as16 sault and battery, intentional infliction of emotional 

17 distress, false imprisonment, or negligent hiring, su18 pervision, or retention; or 

19 (2) take any action to enforce any provision of 

20 an existing agreement with an employee or inde21 pendent contractor that mandates that the employee 

22 or independent contractor resolve through arbitra23 tion any claim under title VII of the Civil Rights Act 

24 of 1964 or any tort related to or arising out of sex25 ual assault or harassment, including assault and 


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1 battery, intentional infliction of emotional distress, 

2 false imprisonment, or negligent hiring, supervision, 

3 or retention. 

4 (b) None of the funds appropriated or otherwise 

5 made available by this Act may be expended for any Fed6 eral contract unless the contractor certifies that it requires 

7 each covered subcontractor to agree not to enter into, and 

8 not to take any action to enforce any provision of, any 

9 agreement as described in paragraphs (1) and (2) of sub10 section (a), with respect to any employee or independent 

11 contractor performing work related to such subcontract. 

12 For purposes of this subsection, a ‘‘covered subcon13 tractor’’ is an entity that has a subcontract in excess of 

14 $1,000,000 on a contract subject to subsection (a). 

15 (c) The prohibitions in this section do not apply with 

16 respect to a contractor’s or subcontractor’s agreements 

17 with employees or independent contractors that may not 

18 be enforced in a court of the United States. 

19 (d) The Secretary of Defense may waive the applica20 tion of subsection (a) or (b) to a particular contractor or 

21 subcontractor for the purposes of a particular contract or 

22 subcontract if the Secretary or the Deputy Secretary per23 sonally determines that the waiver is necessary to avoid 

24 harm to national security interests of the United States, 

25 and that the term of the contract or subcontract is not 


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1 longer than necessary to avoid such harm. The determina2 tion shall set forth with specificity the grounds for the 

3 waiver and for the contract or subcontract term selected, 

4 and shall state any alternatives considered in lieu of a 

5 waiver and the reasons each such alternative would not 

6 avoid harm to national security interests of the United 

7 States. The Secretary of Defense shall transmit to Con8 gress, and simultaneously make public, any determination 

9 under this subsection not less than 15 business days be10 fore the contract or subcontract addressed in the deter11 mination may be awarded. 

12 (INCLUDING TRANSFER OF FUNDS)

13 SEC. 8091. From within the funds appropriated for 

14 operation and maintenance for the Defense Health Pro15 gram in this Act, up to $129,000,000, shall be available 

16 for transfer to the Joint Department of Defense-Depart17 ment of Veterans Affairs Medical Facility Demonstration 

18 Fund in accordance with the provisions of section 1704 

19 of the National Defense Authorization Act for Fiscal Year 

20 2010, Public Law 111–84: Provided, That for purposes 

21 of section 1704(b), the facility operations funded are oper22 ations of the integrated Captain James A. Lovell Federal 

23 Health Care Center, consisting of the North Chicago Vet24 erans Affairs Medical Center, the Navy Ambulatory Care 

25 Center, and supporting facilities designated as a combined 


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1 Federal medical facility as described by section 706 of 

2 Public Law 110–417: Provided further, That additional 

3 funds may be transferred from funds appropriated for op4 eration and maintenance for the Defense Health Program 

5 to the Joint Department of Defense-Department of Vet6 erans Affairs Medical Facility Demonstration Fund upon 

7 written notification by the Secretary of Defense to the 

8 Committees on Appropriations of the House of Represent9 atives and the Senate. 

10 SEC. 8092. None of the funds appropriated or other11 wise made available by this Act may be used by the De12 partment of Defense or a component thereof in contraven13 tion of the provisions of section 130h of title 10, United 

14 States Code. 

15 SEC. 8093. Appropriations available to the Depart16 ment of Defense may be used for the purchase of heavy 

17 and light armored vehicles for the physical security of per18 sonnel or for force protection purposes up to a limit of 

19 $450,000 per vehicle, notwithstanding price or other limi20 tations applicable to the purchase of passenger carrying 

21 vehicles. 

22 (INCLUDING TRANSFER OF FUNDS)

23 SEC. 8094. Upon a determination by the Director of 

24 National Intelligence that such action is necessary and in 

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


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

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

3 Act for the National Intelligence Program: Provided, That 

4 such authority to transfer may not be used unless for 

5 higher priority items, based on unforeseen intelligence re6 quirements, than those for which originally appropriated 

7 and in no case where the item for which funds are re8 quested has been denied by the Congress: Provided further, 

9 That a request for multiple reprogrammings of funds 

10 using authority provided in this section shall be made 

11 prior to June 30, 2020. 

12 SEC. 8095. None of the funds appropriated or other13 wise made available in this or any other Act may be used 

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

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

16 Khalid Sheikh Mohammed or any other detainee who— 

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

18 of the Armed Forces of the United States; and 

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

20 at United States Naval Station, Guantanamo Bay, 

21 Cuba, by the Department of Defense. 

22 SEC. 8096. None of the funds appropriated or other23 wise made available in this Act may be used to transfer 

24 any individual detained at United States Naval Station 

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


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

2 or any other foreign entity except in accordance with sec3 tion 1034 of the National Defense Authorization Act for 

4 Fiscal Year 2016 (Public Law 114–92) and section 1035 

5 of the National Defense Authorization Act for Fiscal Year 

6 2019 (Public Law 115–232). 

7 SEC. 8097. None of the funds made available by this 

8 Act may be used in contravention of the War Powers Res9 olution (50 U.S.C. 1541 et seq.). 

10 SEC. 8098. (a) None of the funds appropriated or 

11 otherwise made available by this or any other Act may 

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

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

14 contract, memorandum of understanding, or cooperative 

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

16 or loan guarantee to Rosoboronexport or any subsidiary 

17 of Rosoboronexport. 

18 (b) The Secretary of Defense may waive the limita19 tion in subsection (a) if the Secretary, in consultation with 

20 the Secretary of State and the Director of National Intel21 ligence, determines that it is in the vital national security 

22 interest of the United States to do so, and certifies in writ23 ing to the congressional defense committees that, to the 

24 best of the Secretary’s knowledge: 


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1 (1) Rosoboronexport has ceased the transfer of 

2 lethal military equipment to, and the maintenance of 

3 existing lethal military equipment for, the Govern4 ment of the Syrian Arab Republic; 

5 (2) The armed forces of the Russian Federation 

6 have withdrawn from Crimea, other than armed 

7 forces present on military bases subject to agree8 ments in force between the Government of the Rus9 sian Federation and the Government of Ukraine; 

10 and 

11 (3) Agents of the Russian Federation have 

12 ceased taking active measures to destabilize the con13 trol of the Government of Ukraine over eastern 

14 Ukraine. 

15 (c) The Inspector General of the Department of De16 fense shall conduct a review of any action involving 

17 Rosoboronexport with respect to a waiver issued by the 

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

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

20 is issued by the Secretary of Defense, the Inspector Gen21 eral shall submit to the congressional defense committees 

22 a report containing the results of the review conducted 

23 with respect to such waiver. 

24 SEC. 8099. None of the funds made available in this 

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


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

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

3 States Code. 

4 SEC. 8100. (a) Of the funds appropriated in this Act 

5 for the Department of Defense, amounts may be made 

6 available, under such regulations as the Secretary of De7 fense may prescribe, to local military commanders ap8 pointed by the Secretary, or by an officer or employee des9 ignated by the Secretary, to provide at their discretion ex 

10 gratia payments in amounts consistent with subsection (d) 

11 of this section for damage, personal injury, or death that 

12 is incident to combat operations of the Armed Forces in 

13 a foreign country. 

14 (b) An ex gratia payment under this section may be 

15 provided only if— 

16 (1) the prospective foreign civilian recipient is 

17 determined by the local military commander to be 

18 friendly to the United States; 

19 (2) a claim for damages would not be compen20 sable under chapter 163 of title 10, United States 

21 Code (commonly known as the ‘‘Foreign Claims 

22 Act’’); and 

23 (3) the property damage, personal injury, or 

24 death was not caused by action by an enemy. 


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1 (c) Any payments provided under a program under 

2 subsection (a) shall not be considered an admission or ac3 knowledgement of any legal obligation to compensate for 

4 any damage, personal injury, or death. 

5 (d) If the Secretary of Defense determines a program 

6 under subsection (a) to be appropriate in a particular set7 ting, the amounts of payments, if any, to be provided to 

8 civilians determined to have suffered harm incident to 

9 combat operations of the Armed Forces under the pro10 gram should be determined pursuant to regulations pre11 scribed by the Secretary and based on an assessment, 

12 which should include such factors as cultural appropriate13 ness and prevailing economic conditions. 

14 (e) Local military commanders shall receive legal ad15 vice before making ex gratia payments under this sub16 section. The legal advisor, under regulations of the De17 partment of Defense, shall advise on whether an ex gratia 

18 payment is proper under this section and applicable De19 partment of Defense regulations. 

20 (f) A written record of any ex gratia payment offered 

21 or denied shall be kept by the local commander and on 

22 a timely basis submitted to the appropriate office in the 

23 Department of Defense as determined by the Secretary 

24 of Defense. 


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1 (g) The Secretary of Defense shall report to the con2 gressional defense committees on an annual basis the effi3 cacy of the ex gratia payment program including the num4 ber of types of cases considered, amounts offered, the re5 sponse from ex gratia payment recipients, and any rec6 ommended modifications to the program. 

7 SEC. 8101. The Secretary of Defense shall post grant 

8 awards on a public website in a searchable format. 

9 SEC. 8102. The Secretary of each military depart10 ment, in reducing each research, development, test and 

11 evaluation and procurement account of the military de12 partment as required under paragraph (1) of section 

13 828(d) of the National Defense Authorization Act for Fis14 cal Year 2016 (Public Law 114–92; 10 U.S.C. 2430 note), 

15 as amended by section 825(a)(3) of the National Defense 

16 Authorization Act for Fiscal Year 2018, shall allocate the 

17 percentage reduction determined under paragraph (2) of 

18 such section 828(d) proportionally from all programs, 

19 projects, or activities under such account: Provided, That 

20 the authority under section 804(d)(2) of the National De21 fense Authorization Act for Fiscal Year 2016 (Public Law 

22 114–92; 10 U.S.C. 2302 note) to transfer amounts avail23 able in the Rapid Prototyping Fund shall be subject to 

24 section 8005 or 9002 of this Act, as applicable. 


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1 SEC. 8103. None of the funds made available by this 

2 Act may be used by the National Security Agency to— 

3 (1) conduct an acquisition pursuant to section 

4 702 of the Foreign Intelligence Surveillance Act of 

5 1978 for the purpose of targeting a United States 

6 person; or 

7 (2) acquire, monitor, or store the contents (as 

8 such term is defined in section 2510(8) of title 18, 

9 United States Code) of any electronic communica10 tion of a United States person from a provider of 

11 electronic communication services to the public pur12 suant to section 501 of the Foreign Intelligence Sur13 veillance Act of 1978. 

14 SEC. 8104. None of the funds made available in this 

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

16 officer or employee of any agency funded by this Act who 

17 approves or implements the transfer of administrative re18 sponsibilities or budgetary resources of any program, 

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

20 of another Federal agency not financed by this Act with21 out the express authorization of Congress: Provided, That 

22 this limitation shall not apply to transfers of funds ex23 pressly provided for in Defense Appropriations Acts, or 

24 provisions of Acts providing supplemental appropriations 

25 for the Department of Defense. 


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1 SEC. 8105. Of the amounts appropriated in this Act 

2 for ‘‘Operation and Maintenance, Navy’’, $352,044,000, 

3 to remain available until expended, may be used for any 

4 purposes related to the National Defense Reserve Fleet 

5 established under section 11 of the Merchant Ship Sales 

6 Act of 1946 (46 U.S.C. 57100): Provided, That such 

7 amounts are available for reimbursements to the Ready 

8 Reserve Force, Maritime Administration account of the 

9 United States Department of Transportation for pro10 grams, projects, activities, and expenses related to the Na11 tional Defense Reserve Fleet. 

12 SEC. 8106. None of the funds made available in this 

13 Act may be obligated for activities authorized under sec14 tion 1208 of the Ronald W. Reagan National Defense Au15 thorization Act for Fiscal Year 2005 (Public Law 112– 

16 81; 125 Stat. 1621) to initiate support for, or expand sup17 port to, foreign forces, irregular forces, groups, or individ18 uals unless the congressional defense committees are noti19 fied in accordance with the direction contained in the clas20 sified annex accompanying this Act, not less than 15 days 

21 before initiating such support: Provided, That none of the 

22 funds made available in this Act may be used under sec23 tion 1208 for any activity that is not in support of an 

24 ongoing military operation being conducted by United 

25 States Special Operations Forces to combat terrorism: 


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1 Provided further, That the Secretary of Defense may waive 

2 the prohibitions in this section if the Secretary determines 

3 that such waiver is required by extraordinary cir4 cumstances and, by not later than 72 hours after making 

5 such waiver, notifies the congressional defense committees 

6 of such waiver. 

7 SEC. 8107. None of the funds made available by this 

8 Act may be used with respect to Iraq in contravention of 

9 the War Powers Resolution (50 U.S.C. 1541 et seq.), in10 cluding for the introduction of United States armed forces 

11 into hostilities in Iraq, into situations in Iraq where immi12 nent involvement in hostilities is clearly indicated by the 

13 circumstances, or into Iraqi territory, airspace, or waters 

14 while equipped for combat, in contravention of the con15 gressional consultation and reporting requirements of sec16 tions 3 and 4 of such Resolution (50 U.S.C. 1542 and 

17 1543). 

18 SEC. 8108. None of the funds provided in this Act 

19 for the TAO Fleet Oiler program or the FFG-Frigate pro20 gram shall be used to award a new contract that provides 

21 for the acquisition of the following components unless 

22 those components are manufactured in the United States: 

23 Auxiliary equipment (including pumps) for shipboard serv24 ices; propulsion equipment (including engines, reduction 


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1 gears, and propellers); shipboard cranes; and spreaders for 

2 shipboard cranes. 

3 SEC. 8109. No amounts credited or otherwise made 

4 available in this or any other Act to the Department of 

5 Defense Acquisition Workforce Development Fund may be 

6 transferred to: 

7 (1) the Rapid Prototyping Fund established 

8 under section 804(d) of the National Defense Au9 thorization Act for Fiscal Year 2016 (10 U.S.C. 

10 2302 note); or 

11 (2) credited to a military-department specific 

12 fund established under section 804(d)(2) of the Na13 tional Defense Authorization Act for Fiscal Year 

14 2016 (as amended by section 897 of the National 

15 Defense Authorization Act for Fiscal Year 2017). 

16 SEC. 8110. None of the funds made available by this 

17 Act may be used for Government Travel Charge Card ex18 penses by military or civilian personnel of the Department 

19 of Defense for gaming, or for entertainment that includes 

20 topless or nude entertainers or participants, as prohibited 

21 by Department of Defense FMR, Volume 9, Chapter 3 

22 and Department of Defense Instruction 1015.10 (enclo23 sure 3, 14a and 14b). 

24 SEC. 8111. None of the funds appropriated by this 

25 or any other Act may be made available to deliver F–35 


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1 air vehicles or any other F–35 weapon system equipment 

2 to the Republic of Turkey. 

3 (INCLUDING TRANSFER OF FUNDS)

4 SEC. 8112. Of the amounts appropriated in this Act, 

5 the Secretary of Defense may use up to $82,046,000 

6 under the heading ‘‘Operation and Maintenance, Defense7 Wide’’, and up to $44,001,000 under the heading ‘‘Re8 search, Development, Test and Evaluation, Defense9 Wide’’ to develop, replace, and sustain Federal Govern10 ment security and suitability background investigation in11 formation technology systems of the Office of Personnel 

12 Management or other Federal agency responsible for con13 ducting such investigations: Provided, That the Secretary 

14 may transfer additional amounts into these headings or 

15 into ‘‘Procurement, Defense-Wide’’ using established re16 programming procedures prescribed in the Department of 

17 Defense Financial Management Regulation 7000.14, Vol18 ume 3, Chapter 6, dated September 2015: Provided fur19 ther, That such funds shall supplement, not supplant any 

20 other amounts made available to other Federal agencies 

21 for such purposes. 

22 SEC. 8113. (a) None of the funds made available in 

23 this Act may be used to maintain or establish a computer 

24 network unless such network is designed to block access 

25 to pornography websites. 


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1 (b) Nothing in subsection (a) shall limit the use of 

2 funds necessary for any Federal, State, tribal, or local law 

3 enforcement agency or any other entity carrying out crimi4 nal investigations, prosecution, or adjudication activities, 

5 or for any activity necessary for the national defense, in6 cluding intelligence activities. 

7 SEC. 8114. Notwithstanding any other provision of 

8 law, any transfer of funds appropriated or otherwise made 

9 available by this Act to the Global Engagement Center es10 tablished by section 1287 of the National Defense Author11 ization Act for Fiscal Year 2017 (Public Law 114–328; 

12 130 Stat. 22 U.S.C. 2656 note) shall be made in accord13 ance with section 8005 or 9002 of this Act, as applicable. 

14 SEC. 8115. In addition to amounts provided else15 where in this Act, there is appropriated $270,000,000, for 

16 an additional amount for ‘‘Operation and Maintenance, 

17 Defense-Wide’’, to remain available until expended: Pro18 vided, That such funds shall only be available to the Sec19 retary of Defense, acting through the Office of Economic 

20 Adjustment of the Department of Defense, or for transfer 

21 to the Secretary of Education, notwithstanding any other 

22 provision of law, to make grants, conclude cooperative 

23 agreements, or supplement other Federal funds to con24 struct, renovate, repair, or expand elementary and sec25 ondary public schools on military installations in order to 


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1 address capacity or facility condition deficiencies at such 

2 schools: Provided further, That in making such funds 

3 available, the Office of Economic Adjustment or the Sec4 retary of Education shall give priority consideration to 

5 those military installations with schools having the most 

6 serious capacity or facility condition deficiencies as deter7 mined by the Secretary of Defense: Provided further, That 

8 as a condition of receiving funds under this section a local 

9 educational agency or State shall provide a matching share 

10 as described in the notice titled ‘‘Department of Defense 

11 Program for Construction, Renovation, Repair or Expan12 sion of Public Schools Located on Military Installations’’ 

13 published by the Department of Defense in the Federal 

14 Register on September 9, 2011 (76 Fed. Reg. 55883 et 

15 seq.): Provided further, That these provisions apply to 

16 funds provided under this section, and to funds previously 

17 provided by Congress to construct, renovate, repair, or ex18 pand elementary and secondary public schools on military 

19 installations in order to address capacity or facility condi20 tion deficiencies at such schools to the extent such funds 

21 remain unobligated on the date of enactment of this sec22 tion. 

23 SEC. 8116. In carrying out the program described in 

24 the memorandum on the subject of ‘‘Policy for Assisted 

25 Reproductive Services for the Benefit of Seriously or SeVerDate Sep 11 2014 22:31 May 23, 2019 Jkt 089200 PO 00000 Frm 00114 Fmt 6652 Sfmt 6201 E:\BILLS\H2968.RH H2968

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1 verely Ill/Injured (Category II or III) Active Duty Service 

2 Members’’ issued by the Assistant Secretary of Defense 

3 for Health Affairs on April 3, 2012, and the guidance 

4 issued to implement such memorandum, the Secretary of 

5 Defense shall apply such policy and guidance, except 

6 that— 

7 (1) the limitation on periods regarding embryo 

8 cryopreservation and storage set forth in part III(G) 

9 and in part IV(H) of such memorandum shall not 

10 apply; and 

11 (2) the term ‘‘assisted reproductive technology’’ 

12 shall include embryo cryopreservation and storage 

13 without limitation on the duration of such 

14 cryopreservation and storage. 

15 SEC. 8117. None of the funds made available by this 

16 Act may be used to provide arms, training, or other assist17 ance to the Azov Battalion. 

18 SEC. 8118. None of the funds provided for, or other19 wise made available, in this or any other Act, may be obli20 gated or expended by the Secretary of Defense to provide 

21 motorized vehicles, aviation platforms, munitions other 

22 than small arms and munitions appropriate for customary 

23 ceremonial honors, operational military units, or oper24 ational military platforms if the Secretary determines that 

25 providing such units, platforms, or equipment would unVerDate Sep 11 2014 22:31 May 23, 2019 Jkt 089200 PO 00000 Frm 00115 Fmt 6652 Sfmt 6201 E:\BILLS\H2968.RH H2968

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1 dermine the readiness of such units, platforms, or equip2 ment. 

3 SEC. 8119. The Secretary of Defense may obligate 

4 and expend funds made available under this Act for pro5 curement or for research, development, test and evaluation 

6 for the F–35 Joint Strike Fighter to modify up to six F– 

7 35 aircraft, including up to two F–35 aircraft of each vari8 ant, to a test configuration: Provided, That the Secretary 

9 of Defense shall, with the concurrence of the Secretary 

10 of the Air Force and the Secretary of the Navy, notify 

11 the congressional defense committees not fewer than 30 

12 days prior to obligating and expending funds under this 

13 section: Provided further, That any transfer of funds pur14 suant to the authority provided in this section shall be 

15 made in accordance with sections 8005 or 9002 of this 

16 Act, as appropriate, if applicable: Provided further, That 

17 aircraft referred to previously in this section are not addi18 tional to aircraft referred to in section 8135 of the Depart19 ment of Defense Appropriations Act, 2019. 

20 SEC. 8120. Amounts appropriated for ‘‘Defense 

21 Health Program’’ in this Act and hereafter may be obli22 gated to make death gratuity payments, as authorized in 

23 subchapter II of chapter 75 of title 10, United States 

24 Code, if no appropriation for ‘‘Military Personnel’’ is avail25 able for obligation for such payments: Provided, That such 


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1 obligations may subsequently be recorded against appro2 priations available for ‘‘Military Personnel’’. 

3 SEC. 8121. (a) None of the funds made available by 

4 this or any other Act may be used to enter into a contract, 

5 memorandum of understanding, or cooperative agreement 

6 with, make a grant to, or provide a loan or loan guarantee 

7 to any corporation that has any unpaid Federal tax liabil8 ity that has been assessed, for which all judicial and ad9 ministrative remedies have been exhausted or have lapsed, 

10 and that is not being paid in a timely manner pursuant 

11 to an agreement with the authority responsible for col12 lecting such tax liability, provided that the applicable Fed13 eral agency is aware of the unpaid Federal tax liability. 

14 (b) Subsection (a) shall not apply if the applicable 

15 Federal agency has considered suspension or debarment 

16 of the corporation described in such subsection and has 

17 made a determination that such suspension or debarment 

18 is not necessary to protect the interests of the Federal 

19 Government. 

20 SEC. 8122. None of the funds made available by this 

21 Act may be used in contravention of— 

22 (1) Executive Order No. 13175 (65 Fed. Reg. 

23 67249; relating to consultation and coordination 

24 with Indian Tribal governments); or 


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1 (2) section 1501.2(d)(2) of title 40, Code of 

2 Federal Regulations. 

3 SEC. 8123. Funds appropriated for the Next Genera4 tion Aerial Refueling Aircraft (KC–46), Missile Segment 

5 Enhancement (MSE) Missile, and Trident missile pro6 grams by the Department of Defense Appropriations Act, 

7 2014 (division C of Public Law 113–76) and the Depart8 ment of Defense Appropriations Act, 2015 (division C of 

9 Public Law 113–235) are to remain available through fis10 cal year 2024 for the liquidation of valid obligations in11 curred for the programs specified in this section as of Sep12 tember 30, 2016. 

13 SEC. 8124. During fiscal year 2020, any advance bill14 ing for background investigation services and related serv15 ices purchased from activities financed using Defense 

16 Working Capital Funds shall be excluded from the calcula17 tion of cumulative advance billings under section 

18 2208(l)(3) of title 10, United States Code. 

19 SEC. 8125. None of the funds appropriated or other20 wise made available by this Act may be obligated or ex21 pended by the Department of Defense for the Space De22 velopment Agency (SDA), and not more than 50 percent 

23 of the funds appropriated or otherwise made available by 

24 this Act may be obligated or expended by the Department 

25 of Defense for the Next Generation Overhead Persistent 


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1 Infrared program (PE 1206442F) until a period of 90 

2 days has elapsed following the date on which the Secretary 

3 of Defense, in consultation with the Secretary of the Air 

4 Force and the Under Secretary of Defense for Research 

5 and Engineering, submits to the congressional defense 

6 committees— 

7 (1) the proposed plan to establish the SDA, and 

8 a description of the programs and projects the SDA 

9 plans to carry out over the next three years, includ10 ing associated funding requirements; 

11 (2) a description of how the Air Force and the 

12 SDA will coordinate and cooperate to develop an 

13 agreed-upon integrated space architecture that will 

14 guide both SDA and Air Force investments; 

15 (3) the process by which the SDA and the Air 

16 Force will cooperate in demonstrating and proto17 typing new capabilities, and transition to programs 

18 of record; 

19 (4) the proposed physical location of the SDA 

20 and the proposed number of government and con21 tractor personnel expected to comprise the SDA in 

22 the first three years; and 

23 (5) a plan to transition the SDA into the Air 

24 Force not later than fiscal year 2022, or into a 

25 Space Force. 


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1 SEC. 8126. None of the funds appropriated or other2 wise made available by this or any other Act may be used 

3 to transfer any element, personnel, property, or resources 

4 of the intelligence community, as defined in section 3 of 

5 the National Security Act of 1947 (50 U.S.C. 3003), to 

6 the Space Force. 

7 SEC. 8127. None of the funds appropriated or other8 wise made available by this Act or any prior appropria9 tions Acts may be used to construct a wall, fence, border 

10 barriers, or border security infrastructure along the south11 ern land border of the United States. 

12 TITLE IX 

13 OVERSEAS CONTINGENCY OPERATIONS 

14 MILITARY PERSONNEL 

15 MILITARY PERSONNEL, ARMY

16 For an additional amount for ‘‘Military Personnel, 

17 Army’’, $2,743,132,000: Provided, That such amount is 

18 designated by the Congress for Overseas Contingency Op19 erations/Global War on Terrorism pursuant to section 

20 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

21 Deficit Control Act of 1985. 

22 MILITARY PERSONNEL, NAVY

23 For an additional amount for ‘‘Military Personnel, 

24 Navy’’, $356,392,000: Provided, That such amount is des25 ignated by the Congress for Overseas Contingency OperVerDate Sep 11 2014 22:31 May 23, 2019 Jkt 089200 PO 00000 Frm 00120 Fmt 6652 Sfmt 6201 E:\BILLS\H2968.RH H2968

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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 MILITARY PERSONNEL, MARINE CORPS

5 For an additional amount for ‘‘Military Personnel, 

6 Marine Corps’’, $104,213,000: Provided, That such 

7 amount is designated by the Congress for Overseas Con8 tingency Operations/Global War on Terrorism pursuant to 

9 section 251(b)(2)(A)(ii) of the Balanced Budget and 

10 Emergency Deficit Control Act of 1985. 

11 MILITARY PERSONNEL, AIR FORCE

12 For an additional amount for ‘‘Military Personnel, 

13 Air Force’’, $1,007,594,000: Provided, That such amount 

14 is designated by the Congress for Overseas Contingency 

15 Operations/Global War on Terrorism pursuant to section 

16 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

17 Deficit Control Act of 1985. 

18 RESERVE PERSONNEL, ARMY

19 For an additional amount for ‘‘Reserve Personnel, 

20 Army’’, $34,812,000: Provided, That such amount is des21 ignated by the Congress for Overseas Contingency Oper22 ations/Global War on Terrorism pursuant to section 

23 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

24 Deficit Control Act of 1985. 


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1 RESERVE PERSONNEL, NAVY

2 For an additional amount for ‘‘Reserve Personnel, 

3 Navy’’, $11,370,000: Provided, That such amount is des4 ignated by the Congress for Overseas Contingency Oper5 ations/Global War on Terrorism pursuant to section 

6 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

7 Deficit Control Act of 1985. 

8 RESERVE PERSONNEL, MARINE CORPS

9 For an additional amount for ‘‘Reserve Personnel, 

10 Marine Corps’’, $3,599,000: Provided, That such amount 

11 is designated by the Congress for Overseas Contingency 

12 Operations/Global War on Terrorism pursuant to section 

13 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

14 Deficit Control Act of 1985. 

15 RESERVE PERSONNEL, AIR FORCE

16 For an additional amount for ‘‘Reserve Personnel, 

17 Air Force’’, $16,428,000: Provided, That such amount is 

18 designated by the Congress for Overseas Contingency Op19 erations/Global War on Terrorism pursuant to section 

20 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

21 Deficit Control Act of 1985. 

22 NATIONAL GUARD PERSONNEL, ARMY

23 For an additional amount for ‘‘National Guard Per24 sonnel, Army’’, $202,644,000: Provided, That such 

25 amount is designated by the Congress for Overseas ConVerDate Sep 11 2014 22:31 May 23, 2019 Jkt 089200 PO 00000 Frm 00122 Fmt 6652 Sfmt 6201 E:\BILLS\H2968.RH H2968

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1 tingency Operations/Global War on Terrorism pursuant to 

2 section 251(b)(2)(A)(ii) of the Balanced Budget and 

3 Emergency Deficit Control Act of 1985. 

4 NATIONAL GUARD PERSONNEL, AIR FORCE

5 For an additional amount for ‘‘National Guard Per6 sonnel, Air Force’’, $5,624,000: Provided, That such 

7 amount is designated by the Congress for Overseas Con8 tingency Operations/Global War on Terrorism pursuant to 

9 section 251(b)(2)(A)(ii) of the Balanced Budget and 

10 Emergency Deficit Control Act of 1985. 

11 OPERATION AND MAINTENANCE 

12 OPERATION AND MAINTENANCE, ARMY

13 For an additional amount for ‘‘Operation and Main14 tenance, Army’’, $18,507,827,000: Provided, That such 

15 amount is designated by the Congress for Overseas Con16 tingency Operations/Global War on Terrorism pursuant to 

17 section 251(b)(2)(A)(ii) of the Balanced Budget and 

18 Emergency Deficit Control Act of 1985. 

19 OPERATION AND MAINTENANCE, NAVY

20 For an additional amount for ‘‘Operation and Main21 tenance, Navy’’, $6,561,650,000, of which up to 

22 $190,000,000 may be transferred to the Coast Guard 

23 ‘‘Operating Expenses’’ account: Provided, That such 

24 amount is designated by the Congress for Overseas Con25 tingency Operations/Global War on Terrorism pursuant to 


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1 section 251(b)(2)(A)(ii) of the Balanced Budget and 

2 Emergency Deficit Control Act of 1985. 

3 OPERATION AND MAINTENANCE, MARINE CORPS

4 For an additional amount for ‘‘Operation and Main5 tenance, Marine Corps’’, $1,124,791,000: Provided, That 

6 such amount is designated by the Congress for Overseas 

7 Contingency Operations/Global War on Terrorism pursu8 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

9 and Emergency Deficit Control Act of 1985. 

10 OPERATION AND MAINTENANCE, AIR FORCE

11 For an additional amount for ‘‘Operation and Main12 tenance, Air Force’’, $9,314,379,000: Provided, That such 

13 amount is designated by the Congress for Overseas Con14 tingency Operations/Global War on Terrorism pursuant to 

15 section 251(b)(2)(A)(ii) of the Balanced Budget and 

16 Emergency Deficit Control Act of 1985. 

17 OPERATION AND MAINTENANCE, DEFENSE-WIDE

18 For an additional amount for ‘‘Operation and Main19 tenance, Defense-Wide’’, $8,105,206,000: Provided, That 

20 of the funds provided under this heading, not to exceed 

21 $450,000,000, to remain available until September 30, 

22 2021, shall be for payments to reimburse key cooperating 

23 nations for logistical, military, and other support, includ24 ing access, provided to United States military and stability 

25 operations in Afghanistan and to counter the Islamic 


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1 State of Iraq and Syria: Provided further, That such reim2 bursement payments may be made in such amounts as the 

3 Secretary of Defense, with the concurrence of the Sec4 retary of State, and in consultation with the Director of 

5 the Office of Management and Budget, may determine, 

6 based on documentation determined by the Secretary of 

7 Defense to adequately account for the support provided, 

8 and such determination is final and conclusive upon the 

9 accounting officers of the United States, and 15 days fol10 lowing written notification to the appropriate congres11 sional committees: Provided further, That these funds may 

12 be used for the purpose of providing specialized training 

13 and procuring supplies and specialized equipment and pro14 viding such supplies and loaning such equipment on a non15 reimbursable basis to coalition forces supporting United 

16 States military and stability operations in Afghanistan 

17 and to counter the Islamic State of Iraq and Syria, and 

18 15 days following written notification to the appropriate 

19 congressional committees: Provided further, That these 

20 funds may be used to support the Government of Jordan 

21 in such amounts as the Secretary of Defense may deter22 mine, to enhance the ability of the armed forces of Jordan 

23 to increase or sustain security along its borders, upon 15 

24 days prior written notification to the congressional defense 

25 committees outlining the amounts intended to be provided 


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1 and the nature of the expenses incurred: Provided further, 

2 That of the funds provided under this heading, not to ex3 ceed $749,178,000 to remain available until September 

4 30, 2021, shall be available to provide support and assist5 ance to foreign security forces or other groups or individ6 uals to conduct, support or facilitate counterterrorism, cri7 sis response, or other Department of Defense security co8 operation programs: Provided further, That the Secretary 

9 of Defense shall provide quarterly reports to the congres10 sional defense committees on the use of funds provided 

11 in this paragraph: Provided further, That such amount is 

12 designated by the Congress for Overseas Contingency Op13 erations/Global War on Terrorism pursuant to section 

14 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

15 Deficit Control Act of 1985. 

16 OPERATION AND MAINTENANCE, ARMY RESERVE

17 For an additional amount for ‘‘Operation and Main18 tenance, Army Reserve’’, $37,592,000: Provided, That 

19 such amount is designated by the Congress for Overseas 

20 Contingency Operations/Global War on Terrorism pursu21 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

22 and Emergency Deficit Control Act of 1985. 

23 OPERATION AND MAINTENANCE, NAVY RESERVE

24 For an additional amount for ‘‘Operation and Main25 tenance, Navy Reserve’’, $23,036,000: Provided, That 


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1 such amount is designated by the Congress for Overseas 

2 Contingency Operations/Global War on Terrorism pursu3 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

4 and Emergency Deficit Control Act of 1985. 

5 OPERATION AND MAINTENANCE, MARINE CORPS

6 RESERVE

7 For an additional amount for ‘‘Operation and Main8 tenance, Marine Corps Reserve’’, $8,707,000: Provided, 

9 That such amount is designated by the Congress for Over10 seas Contingency Operations/Global War on Terrorism 

11 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

12 Budget and Emergency Deficit Control Act of 1985. 

13 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

14 For an additional amount for ‘‘Operation and Main15 tenance, Air Force Reserve’’, $29,758,000: Provided, That 

16 such amount is designated by the Congress for Overseas 

17 Contingency Operations/Global War on Terrorism pursu18 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

19 and Emergency Deficit Control Act of 1985. 

20 OPERATION AND MAINTENANCE, ARMY NATIONAL

21 GUARD

22 For an additional amount for ‘‘Operation and Main23 tenance, Army National Guard’’, $83,291,000: Provided, 

24 That such amount is designated by the Congress for Over25 seas Contingency Operations/Global War on Terrorism 


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1 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

2 Budget and Emergency Deficit Control Act of 1985. 

3 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

4 For an additional amount for ‘‘Operation and Main5 tenance, Air National Guard’’, $176,909,000: Provided, 

6 That such amount is designated by the Congress for Over7 seas Contingency Operations/Global War on Terrorism 

8 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

9 Budget and Emergency Deficit Control Act of 1985. 

10 AFGHANISTAN SECURITY FORCES FUND

11 For the ‘‘Afghanistan Security Forces Fund’’, 

12 $4,503,978,000, to remain available until September 30, 

13 2021: Provided, That such funds shall be available to the 

14 Secretary of Defense for the purpose of allowing the Com15 mander, Combined Security Transition Command—Af16 ghanistan, or the Secretary’s designee, to provide assist17 ance, with the concurrence of the Secretary of State, to 

18 the security forces of Afghanistan, including the provision 

19 of equipment, supplies, services, training, facility and in20 frastructure repair, renovation, construction, and funding: 

21 Provided further, That the Secretary of Defense may obli22 gate and expend funds made available to the Department 

23 of Defense in this title for additional costs associated with 

24 existing projects previously funded with amounts provided 

25 under the heading ‘‘Afghanistan Infrastructure Fund’’ in 


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1 prior Acts: Provided further, That such costs shall be lim2 ited to contract changes resulting from inflation, market 

3 fluctuation, rate adjustments, and other necessary con4 tract actions to complete existing projects, and associated 

5 supervision and administration costs and costs for design 

6 during construction: Provided further, That the Secretary 

7 may not use more than $50,000,000 under the authority 

8 provided in this section: Provided further, That the Sec9 retary shall notify in advance such contract changes and 

10 adjustments in annual reports to the congressional defense 

11 committees: Provided further, That the authority to pro12 vide assistance under this heading is in addition to any 

13 other authority to provide assistance to foreign nations: 

14 Provided further, That contributions of funds for the pur15 poses provided herein from any person, foreign govern16 ment, or international organization may be credited to this 

17 Fund, to remain available until expended, and used for 

18 such purposes: Provided further, That the Secretary of De19 fense shall notify the congressional defense committees in 

20 writing upon the receipt and upon the obligation of any 

21 contribution, delineating the sources and amounts of the 

22 funds received and the specific use of such contributions: 

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

24 fewer than 15 days prior to obligating from this appro25 priation account, notify the congressional defense commitVerDate Sep 11 2014 22:31 May 23, 2019 Jkt 089200 PO 00000 Frm 00129 Fmt 6652 Sfmt 6201 E:\BILLS\H2968.RH H2968

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1 tees in writing of the details of any such obligation: Pro2 vided further, That the Secretary of Defense shall notify 

3 the congressional defense committees in writing and not 

4 fewer than 15 days prior to obligating funds for any pro5 posed new projects or transfer of funds between budget 

6 sub-activity groups in excess of $20,000,000: Provided fur7 ther, That the United States may accept equipment pro8 cured using funds provided under this heading in this or 

9 prior Acts that was transferred to the security forces of 

10 Afghanistan and returned by such forces to the United 

11 States: Provided further, That equipment procured using 

12 funds provided under this heading in this or prior Acts, 

13 and not yet transferred to the security forces of Afghani14 stan or transferred to the security forces of Afghanistan 

15 and returned by such forces to the United States, may 

16 be treated as stocks of the Department of Defense upon 

17 written notification to the congressional defense commit18 tees: Provided further, That of the funds provided under 

19 this heading, not less than $10,000,000 shall be for re20 cruitment and retention of women in the Afghanistan Na21 tional Security Forces, and the recruitment and training 

22 of female security personnel: Provided further, That funds 

23 appropriated under this heading and made available for 

24 the salaries and benefits of personnel of the Afghanistan 

25 Security Forces may only be used for personnel who are 


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1 enrolled in the Afghanistan Personnel and Pay System: 

2 Provided further, That such amount is designated by the 

3 Congress for Overseas Contingency Operations/Global 

4 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

5 the Balanced Budget and Emergency Deficit Control Act 

6 of 1985. 

7 COUNTER-ISIS TRAIN AND EQUIP FUND

8 For the ‘‘Counter-Islamic State of Iraq and Syria 

9 Train and Equip Fund’’, $1,295,000,000, to remain avail10 able until September 30, 2021: Provided, That such funds 

11 shall be available to the Secretary of Defense in coordina12 tion with the Secretary of State, to provide assistance, in13 cluding training; equipment; logistics support, supplies, 

14 and services; stipends; infrastructure repair and renova15 tion; and sustainment, to foreign security forces, irregular 

16 forces, groups, or individuals participating, or preparing 

17 to participate in activities to counter the Islamic State of 

18 Iraq and Syria, and their affiliated or associated groups: 

19 Provided further, That these funds may be used in such 

20 amounts as the Secretary of Defense may determine to 

21 enhance the border security of nations adjacent to conflict 

22 areas including Jordan, Lebanon, Egypt, and Tunisia re23 sulting from actions of the Islamic State of Iraq and 

24 Syria: Provided further, That amounts made available 

25 under this heading shall be available to provide assistance 


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1 only for activities in a country designated by the Secretary 

2 of Defense, in coordination with the Secretary of State, 

3 as having a security mission to counter the Islamic State 

4 of Iraq and Syria, and following written notification to the 

5 congressional defense committees of such designation: 

6 Provided further, That the Secretary of Defense shall en7 sure that prior to providing assistance to elements of any 

8 forces or individuals, such elements or individuals are ap9 propriately vetted, including at a minimum, assessing such 

10 elements for associations with terrorist groups or groups 

11 associated with the Government of Iran; and receiving 

12 commitments from such elements to promote respect for 

13 human rights and the rule of law: Provided further, That 

14 the Secretary of Defense shall, not fewer than 15 days 

15 prior to obligating from this appropriation account, notify 

16 the congressional defense committees in writing of the de17 tails of any such obligation: Provided further, That the 

18 Secretary of Defense may accept and retain contributions, 

19 including assistance in-kind, from foreign governments, 

20 including the Government of Iraq and other entities, to 

21 carry out assistance authorized under this heading: Pro22 vided further, That contributions of funds for the purposes 

23 provided herein from any foreign government or other en24 tity may be credited to this Fund, to remain available until 

25 expended, and used for such purposes: Provided further, 


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1 That the Secretary of Defense may waive a provision of 

2 law relating to the acquisition of items and support serv3 ices or sections 40 and 40A of the Arms Export Control 

4 Act (22 U.S.C. 2780 and 2785) if the Secretary deter5 mines that such provision of law would prohibit, restrict, 

6 delay or otherwise limit the provision of such assistance 

7 and a notice of and justification for such waiver is sub8 mitted to the congressional defense committees, the Com9 mittees on Appropriations and Foreign Relations of the 

10 Senate and the Committees on Appropriations and For11 eign Affairs of the House of Representatives: Provided fur12 ther, That the United States may accept equipment pro13 cured using funds provided under this heading, or under 

14 the heading, ‘‘Iraq Train and Equip Fund’’ in prior Acts, 

15 that was transferred to security forces, irregular forces, 

16 or groups participating, or preparing to participate in ac17 tivities to counter the Islamic State of Iraq and Syria and 

18 returned by such forces or groups to the United States, 

19 and such equipment may be treated as stocks of the De20 partment of Defense upon written notification to the con21 gressional defense committees: Provided further, That 

22 equipment procured using funds provided under this head23 ing, or under the heading, ‘‘Iraq Train and Equip Fund’’ 

24 in prior Acts, and not yet transferred to security forces, 

25 irregular forces, or groups participating, or preparing to 


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1 participate in activities to counter the Islamic State of 

2 Iraq and Syria may be treated as stocks of the Depart3 ment of Defense when determined by the Secretary to no 

4 longer be required for transfer to such forces or groups 

5 and upon written notification to the congressional defense 

6 committees: Provided further, That the Secretary of De7 fense shall provide quarterly reports to the congressional 

8 defense committees on the use of funds provided under 

9 this heading, including, but not limited to, the number of 

10 individuals trained, the nature and scope of support and 

11 sustainment provided to each group or individual, the area 

12 of operations for each group, and the contributions of 

13 other countries, groups, or individuals: Provided further, 

14 That such amount is designated by the Congress for Over15 seas Contingency Operations/Global War on Terrorism 

16 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

17 Budget and Emergency Deficit Control Act of 1985. 

18 PROCUREMENT 

19 AIRCRAFT PROCUREMENT, ARMY

20 For an additional amount for ‘‘Aircraft Procurement, 

21 Army’’, $482,091,000, to remain available until Sep22 tember 30, 2022: Provided, That such amount is des23 ignated by the Congress for Overseas Contingency Oper24 ations/Global War on Terrorism pursuant to section 


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1 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

2 Deficit Control Act of 1985. 

3 MISSILE PROCUREMENT, ARMY

4 For an additional amount for ‘‘Missile Procurement, 

5 Army’’, $1,414,218,000, to remain available until Sep6 tember 30, 2022: Provided, That such amount is des7 ignated by the Congress for Overseas Contingency Oper8 ations/Global War on Terrorism pursuant to section 

9 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

10 Deficit Control Act of 1985. 

11 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

12 VEHICLES, ARMY

13 For an additional amount for ‘‘Procurement of Weap14 ons and Tracked Combat Vehicles, Army’’, $353,454,000, 

15 to remain available until September 30, 2022: Provided, 

16 That such amount is designated by the Congress for Over17 seas Contingency Operations/Global War on Terrorism 

18 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

19 Budget and Emergency Deficit Control Act of 1985. 

20 PROCUREMENT OF AMMUNITION, ARMY

21 For an additional amount for ‘‘Procurement of Am22 munition, Army’’, $148,682,000, to remain available until 

23 September 30, 2022: Provided, That such amount is des24 ignated by the Congress for Overseas Contingency Oper25 ations/Global War on Terrorism pursuant to section 


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1 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

2 Deficit Control Act of 1985. 

3 OTHER PROCUREMENT, ARMY

4 For an additional amount for ‘‘Other Procurement, 

5 Army’’, $1,105,850,000, to remain available until Sep6 tember 30, 2022: Provided, That such amount is des7 ignated by the Congress for Overseas Contingency Oper8 ations/Global War on Terrorism pursuant to section 

9 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

10 Deficit Control Act of 1985. 

11 AIRCRAFT PROCUREMENT, NAVY

12 For an additional amount for ‘‘Aircraft Procurement, 

13 Navy’’, $119,045,000, to remain available until September 

14 30, 2022: Provided, That such amount is designated by 

15 the 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 WEAPONS PROCUREMENT, NAVY

20 For an additional amount for ‘‘Weapons Procure21 ment, Navy’’, $116,429,000, to remain available until 

22 September 30, 2022: Provided, That such amount is des23 ignated by the Congress for Overseas Contingency Oper24 ations/Global War on Terrorism pursuant to section 


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1 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

2 Deficit Control Act of 1985. 

3 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

4 CORPS

5 For an additional amount for ‘‘Procurement of Am6 munition, Navy and Marine Corps’’, $204,814,000, to re7 main available until September 30, 2022: Provided, That 

8 such amount is designated by the Congress for Overseas 

9 Contingency Operations/Global War on Terrorism pursu10 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

11 and Emergency Deficit Control Act of 1985. 

12 OTHER PROCUREMENT, NAVY

13 For an additional amount for ‘‘Other Procurement, 

14 Navy’’, $351,300,000, to remain available until September 

15 30, 2022: Provided, That such amount is designated by 

16 the Congress for Overseas Contingency Operations/Global 

17 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

18 the Balanced Budget and Emergency Deficit Control Act 

19 of 1985. 

20 PROCUREMENT, MARINE CORPS

21 For an additional amount for ‘‘Procurement, Marine 

22 Corps’’, $20,589,000, to remain available until September 

23 30, 2022: Provided, That such amount is designated by 

24 the Congress for Overseas Contingency Operations/Global 

25 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 


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1 the Balanced Budget and Emergency Deficit Control Act 

2 of 1985. 

3 AIRCRAFT PROCUREMENT, AIR FORCE

4 For an additional amount for ‘‘Aircraft Procurement, 

5 Air Force’’, $513,310,000, to remain available until Sep6 tember 30, 2022: Provided, That such amount is des7 ignated by the Congress for Overseas Contingency Oper8 ations/Global War on Terrorism pursuant to section 

9 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

10 Deficit Control Act of 1985. 

11 MISSILE PROCUREMENT, AIR FORCE

12 For an additional amount for ‘‘Missile Procurement, 

13 Air Force’’, $201,671,000, to remain available until Sep14 tember 30, 2022: Provided, That such amount is des15 ignated by the Congress for Overseas Contingency Oper16 ations/Global War on Terrorism pursuant to section 

17 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

18 Deficit Control Act of 1985. 

19 PROCUREMENT OF AMMUNITION, AIR FORCE

20 For an additional amount for ‘‘Procurement of Am21 munition, Air Force’’, $939,433,000 to remain available 

22 until September 30, 2022: Provided, That such amount 

23 is designated by the Congress for Overseas Contingency 

24 Operations/Global War on Terrorism pursuant to section 


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1 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

2 Deficit Control Act of 1985. 

3 OTHER PROCUREMENT, AIR FORCE

4 For an additional amount for ‘‘Other Procurement, 

5 Air Force’’, $4,011,201,000, to remain available until 

6 September 30, 2022: Provided, That such amount is des7 ignated by the Congress for Overseas Contingency Oper8 ations/Global War on Terrorism pursuant to section 

9 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

10 Deficit Control Act of 1985. 

11 PROCUREMENT, DEFENSE-WIDE

12 For an additional amount for ‘‘Procurement, De13 fense-Wide’’, $465,987,000, to remain available until Sep14 tember 30, 2022: Provided, That such amount is des15 ignated by the Congress for Overseas Contingency Oper16 ations/Global War on Terrorism pursuant to section 

17 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

18 Deficit Control Act of 1985. 

19 NATIONAL GUARD AND RESERVE EQUIPMENT ACCOUNT

20 For procurement of rotary-wing aircraft; combat, tac21 tical and support vehicles; other weapons; and other pro22 curement items for the reserve components of the Armed 

23 Forces, $1,300,000,000, to remain available for obligation 

24 until September 30, 2022: Provided, That the Chiefs of 

25 National Guard and Reserve components shall, not later 


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1 than 30 days after enactment of this Act, individually sub2 mit to the congressional defense committees the mod3 ernization priority assessment for their respective Na4 tional Guard or Reserve component: Provided further, 

5 That none of the funds made available by this paragraph 

6 may be used to procure manned fixed wing aircraft, or 

7 procure or modify missiles, munitions, or ammunition: 

8 Provided further, That such amount is designated by the 

9 Congress for Overseas Contingency Operations/Global 

10 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

11 the Balanced Budget and Emergency Deficit Control Act 

12 of 1985. 

13 RESEARCH, DEVELOPMENT, TEST AND 

14 EVALUATION 

15 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

16 ARMY

17 For an additional amount for ‘‘Research, Develop18 ment, Test and Evaluation, Army’’, $169,074,000, to re19 main available until September 30, 2021: Provided, That 

20 such amount is designated by the Congress for Overseas 

21 Contingency Operations/Global War on Terrorism pursu22 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

23 and Emergency Deficit Control Act of 1985. 


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1 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

2 NAVY

3 For an additional amount for ‘‘Research, Develop4 ment, Test and Evaluation, Navy’’, $164,410,000, to re5 main available until September 30, 2021: Provided, That 

6 such amount is designated by the Congress for Overseas 

7 Contingency Operations/Global War on Terrorism pursu8 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

9 and Emergency Deficit Control Act of 1985. 

10 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

11 AIR FORCE

12 For an additional amount for ‘‘Research, Develop13 ment, Test and Evaluation, Air Force’’, $128,248,000, to 

14 remain available until September 30, 2021: Provided, 

15 That such amount is designated by the Congress for Over16 seas Contingency Operations/Global War on Terrorism 

17 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

18 Budget and Emergency Deficit Control Act of 1985. 

19 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

20 DEFENSE-WIDE

21 For an additional amount for ‘‘Research, Develop22 ment, Test and Evaluation, Defense-Wide’’, $382,636,000 

23 , to remain available until September 30, 2021: Provided, 

24 That such amount is designated by the Congress for Over25 seas Contingency Operations/Global War on Terrorism 


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1 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

2 Budget and Emergency Deficit Control Act of 1985. 

3 REVOLVING AND MANAGEMENT FUNDS 

4 DEFENSE WORKING CAPITAL FUNDS

5 For an additional amount for ‘‘Defense Working 

6 Capital Funds’’, $20,100,000: Provided, That such 

7 amount is designated by the Congress for Overseas Con8 tingency Operations/Global War on Terrorism pursuant to 

9 section 251(b)(2)(A)(ii) of the Balanced Budget and 

10 Emergency Deficit Control Act of 1985. 

11 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

12 DEFENSE HEALTH PROGRAM

13 For an additional amount for ‘‘Defense Health Pro14 gram’’, $347,746,000, which shall be for operation and 

15 maintenance: Provided, That such amount is designated 

16 by the Congress for Overseas Contingency Operations/ 

17 Global War on Terrorism pursuant to section 

18 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

19 Deficit Control Act of 1985. 

20 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

21 DEFENSE

22 For an additional amount for ‘‘Drug Interdiction and 

23 Counter-Drug Activities, Defense’’, $153,100,000: Pro24 vided, That the transfer authority contained in section 

25 9002 in title IX of this Act shall not apply to amounts 


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1 made available under this heading: Provided further, That 

2 such amount is designated by the Congress for Overseas 

3 Contingency Operations/Global War on Terrorism pursu4 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

5 and Emergency Deficit Control Act of 1985. 

6 OFFICE OF THE INSPECTOR GENERAL

7 For an additional amount for the ‘‘Office of the In8 spector General’’, $24,254,000: Provided, That such 

9 amount is designated by the Congress for Overseas Con10 tingency Operations/Global War on Terrorism pursuant to 

11 section 251(b)(2)(A)(ii) of the Balanced Budget and 

12 Emergency Deficit Control Act of 1985. 

13 GENERAL PROVISIONS—THIS TITLE 

14 SEC. 9001. Notwithstanding any other provision of 

15 law, funds made available in this title are in addition to 

16 amounts appropriated or otherwise made available for the 

17 Department of Defense for fiscal year 2020. 

18 (INCLUDING TRANSFER OF FUNDS)

19 SEC. 9002. Upon the determination of the Secretary 

20 of Defense that such action is necessary in the national 

21 interest, the Secretary may, with the approval of the Of22 fice of Management and Budget, transfer up to 

23 $500,000,000 between the appropriations or funds made 

24 available to the Department of Defense in this title: Pro25 vided, That the Secretary shall notify the Congress 


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1 promptly of each transfer made pursuant to the authority 

2 in this section: Provided further, That the authority pro3 vided in this section is in addition to any other transfer 

4 authority available to the Department of Defense and is 

5 subject to the same terms and conditions as the authority 

6 provided in section 8005 of this Act. 

7 SEC. 9003. Supervision and administration costs and 

8 costs for design during construction associated with a con9 struction project funded with appropriations available for 

10 operation and maintenance or the ‘‘Afghanistan Security 

11 Forces Fund’’ provided in this Act and executed in direct 

12 support of overseas contingency operations in Afghani13 stan, may be obligated at the time a construction contract 

14 is awarded: Provided, That, for the purpose of this section, 

15 supervision and administration costs and costs for design 

16 during construction include all in-house Government costs. 

17 SEC. 9004. From funds made available in this title, 

18 the Secretary of Defense may purchase for use by military 

19 and civilian employees of the Department of Defense in 

20 the United States Central Command area of responsi21 bility: (1) passenger motor vehicles up to a limit of 

22 $75,000 per vehicle; and (2) heavy and light armored vehi23 cles for the physical security of personnel or for force pro24 tection purposes up to a limit of $450,000 per vehicle, notVerDate Sep 11 2014 22:31 May 23, 2019 Jkt 089200 PO 00000 Frm 00144 Fmt 6652 Sfmt 6201 E:\BILLS\H2968.RH H2968

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1 withstanding price or other limitations applicable to the 

2 purchase of passenger carrying vehicles. 

3 SEC. 9005. Not to exceed $5,000,000 of the amounts 

4 appropriated by this title under the heading ‘‘Operation 

5 and Maintenance, Army’’ may be used, notwithstanding 

6 any other provision of law, to fund the Commanders’ 

7 Emergency Response Program (CERP), for the purpose 

8 of enabling military commanders in Afghanistan to re9 spond to urgent, small-scale, humanitarian relief and re10 construction requirements within their areas of responsi11 bility: Provided, That each project (including any ancillary 

12 or related elements in connection with such project) exe13 cuted under this authority shall not exceed $2,000,000: 

14 Provided further, That not later than 45 days after the 

15 end of each 6 months of the fiscal year, the Secretary of 

16 Defense shall submit to the congressional defense commit17 tees a report regarding the source of funds and the alloca18 tion and use of funds during that 6-month period that 

19 were made available pursuant to the authority provided 

20 in this section or under any other provision of law for the 

21 purposes described herein: Provided further, That, not 

22 later than 30 days after the end of each fiscal year quar23 ter, the Army shall submit to the congressional defense 

24 committees quarterly commitment, obligation, and expend25 iture data for the CERP in Afghanistan: Provided further, 


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1 That, not less than 15 days before making funds available 

2 pursuant to the authority provided in this section or under 

3 any other provision of law for the purposes described here4 in for a project with a total anticipated cost for completion 

5 of $500,000 or more, the Secretary shall submit to the 

6 congressional defense committees a written notice con7 taining each of the following: 

8 (1) The location, nature and purpose of the 

9 proposed project, including how the project is in10 tended to advance the military campaign plan for 

11 the country in which it is to be carried out. 

12 (2) The budget, implementation timeline with 

13 milestones, and completion date for the proposed 

14 project, including any other CERP funding that has 

15 been or is anticipated to be contributed to the com16 pletion of the project. 

17 (3) A plan for the sustainment of the proposed 

18 project, including the agreement with either the host 

19 nation, a non-Department of Defense agency of the 

20 United States Government or a third-party contrib21 utor to finance the sustainment of the activities and 

22 maintenance of any equipment or facilities to be pro23 vided through the proposed project. 

24 SEC. 9006. Funds available to the Department of De25 fense for operation and maintenance may be used, notVerDate Sep 11 2014 22:31 May 23, 2019 Jkt 089200 PO 00000 Frm 00146 Fmt 6652 Sfmt 6201 E:\BILLS\H2968.RH H2968

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1 withstanding any other provision of law, to provide sup2 plies, services, transportation, including airlift and sealift, 

3 and other logistical support to allied forces participating 

4 in a combined operation with the armed forces of the 

5 United States and coalition forces supporting military and 

6 stability operations in Afghanistan and to counter the Is7 lamic State of Iraq and Syria: Provided, That the Sec8 retary of Defense shall provide quarterly reports to the 

9 congressional defense committees regarding support pro10 vided under this section. 

11 SEC. 9007. None of the funds appropriated or other12 wise made available by this or any other Act shall be obli13 gated or expended by the United States Government for 

14 a purpose as follows: 

15 (1) To establish any military installation or 

16 base for the purpose of providing for the permanent 

17 stationing of United States Armed Forces in Iraq. 

18 (2) To exercise United States control over any 

19 oil resource of Iraq. 

20 (3) To establish any military installation or 

21 base for the purpose of providing for the permanent 

22 stationing of United States Armed Forces in Af23 ghanistan. 

24 SEC. 9008. None of the funds made available in this 

25 Act may be used in contravention of the following laws 


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1 enacted or regulations promulgated to implement the 

2 United Nations Convention Against Torture and Other 

3 Cruel, Inhuman or Degrading Treatment or Punishment 

4 (done at New York on December 10, 1984): 

5 (1) Section 2340A of title 18, United States 

6 Code. 

7 (2) Section 2242 of the Foreign Affairs Reform 

8 and Restructuring Act of 1998 (division G of Public 

9 Law 105–277; 112 Stat. 2681–822; 8 U.S.C. 1231 

10 note) and regulations prescribed thereto, including 

11 regulations under part 208 of title 8, Code of Fed12 eral Regulations, and part 95 of title 22, Code of 

13 Federal Regulations. 

14 (3) Sections 1002 and 1003 of the Department 

15 of Defense, Emergency Supplemental Appropriations 

16 to Address Hurricanes in the Gulf of Mexico, and 

17 Pandemic Influenza Act, 2006 (Public Law 109– 

18 148). 

19 SEC. 9009. None of the funds provided for the ‘‘Af20 ghanistan Security Forces Fund’’ (ASFF) may be obli21 gated prior to the approval of a financial and activity plan 

22 by the Afghanistan Resources Oversight Council (AROC) 

23 of the Department of Defense: Provided, That the AROC 

24 must approve the requirement and acquisition plan for any 

25 service requirements in excess of $50,000,000 annually 


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1 and any non-standard equipment requirements in excess 

2 of $100,000,000 using ASFF: Provided further, That the 

3 Department of Defense must certify to the congressional 

4 defense committees that the AROC has convened and ap5 proved a process for ensuring compliance with the require6 ments in the preceding proviso and accompanying report 

7 language for the ASFF. 

8 SEC. 9010. Funds made available in this title to the 

9 Department of Defense for operation and maintenance 

10 may be used to purchase items having an investment unit 

11 cost of not more than $250,000: Provided, That, upon de12 termination by the Secretary of Defense that such action 

13 is necessary to meet the operational requirements of a 

14 Commander of a Combatant Command engaged in contin15 gency operations overseas, such funds may be used to pur16 chase items having an investment item unit cost of not 

17 more than $500,000. 

18 SEC. 9011. Up to $500,000,000 of funds appro19 priated by this Act for the Defense Security Cooperation 

20 Agency in ‘‘Operation and Maintenance, Defense-Wide’’ 

21 may be used to provide assistance to the Government of 

22 Jordan to support the armed forces of Jordan and to en23 hance security along its borders. 

24 SEC. 9012. None of the funds made available by this 

25 Act under the heading ‘‘Counter-ISIS Train and Equip 


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1 Fund’’ may be used to procure or transfer man-portable 

2 air defense systems. 

3 SEC. 9013. For the ‘‘Ukraine Security Assistance Ini4 tiative’’, $250,000,000 is hereby appropriated, to remain 

5 available until September 30, 2020: Provided, That such 

6 funds shall be available to the Secretary of Defense, in 

7 coordination with the Secretary of State, to provide assist8 ance, including training; equipment; lethal assistance; lo9 gistics support, supplies and services; sustainment; and in10 telligence support to the military and national security 

11 forces of Ukraine, and for replacement of any weapons 

12 or articles provided to the Government of Ukraine from 

13 the inventory of the United States: Provided further, That 

14 of the amounts made available in this section, 

15 $50,000,000 shall be available only for lethal assistance 

16 described in paragraphs (2) and (3) of section 1250(b) 

17 of the National Defense Authorization Act for Fiscal Year 

18 2016 (Public Law 114–92; 129 Stat. 1068): Provided fur19 ther, That the Secretary of Defense shall, not less than 

20 15 days prior to obligating funds provided under this 

21 heading, notify the congressional defense committees in 

22 writing of the details of any such obligation: Provided fur23 ther, That the United States may accept equipment pro24 cured using funds provided under this heading in this or 

25 prior Acts that was transferred to the security forces of 


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1 Ukraine and returned by such forces to the United States: 

2 Provided further, That equipment procured using funds 

3 provided under this heading in this or prior Acts, and not 

4 yet transferred to the military or National Security Forces 

5 of Ukraine or returned by such forces to the United 

6 States, may be treated as stocks of the Department of De7 fense upon written notification to the congressional de8 fense committees: Provided further, That amounts made 

9 available by this section are designated by the Congress 

10 for Overseas Contingency Operations/Global War on Ter11 rorism pursuant to section 251(b)(2)(A)(ii) of the Bal12 anced Budget and Emergency Deficit Control Act of 1985. 

13 SEC. 9014. Funds appropriated in this title shall be 

14 available for replacement of funds for items provided to 

15 the Government of Ukraine from the inventory of the 

16 United States to the extent specifically provided for in sec17 tion 9013 of this Act. 

18 SEC. 9015. None of the funds made available by this 

19 Act under section 9013 may be used to procure or transfer 

20 man-portable air defense systems. 

21 SEC. 9016. Equipment procured using funds provided 

22 in prior Acts under the heading ‘‘Counterterrorism Part23 nerships Fund’’ for the program authorized by section 

24 1209 of the Carl Levin and Howard P. ‘‘Buck’’ McKeon 

25 National Defense Authorization Act for Fiscal Year 2015 


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1 (Public Law 113–291), and not yet transferred to author2 ized recipients may be transferred to foreign security 

3 forces, irregular forces, groups, or individuals, authorized 

4 to receive assistance using amounts provided under the 

5 heading ‘‘Counter-ISIS Train and Equip Fund’’ in this 

6 Act: Provided, That such equipment may be transferred 

7 15 days following written notification to the congressional 

8 defense committees. 

9 SEC. 9017. (a) None of the funds appropriated or 

10 otherwise made available by this Act under the heading 

11 ‘‘Operation and Maintenance, Defense-Wide’’ for pay12 ments under section 1233 of Public Law 110–181 for re13 imbursement to the Government of Pakistan may be made 

14 available unless the Secretary of Defense, in coordination 

15 with the Secretary of State, certifies to the congressional 

16 defense committees that the Government of Pakistan is— 

17 (1) cooperating with the United States in 

18 counterterrorism efforts against the Haqqani Net19 work, the Quetta Shura Taliban, Lashkar e-Tayyiba, 

20 Jaish-e-Mohammed, Al Qaeda, and other domestic 

21 and foreign terrorist organizations, including taking 

22 steps to end support for such groups and prevent 

23 them from basing and operating in Pakistan and 

24 carrying out cross border attacks into neighboring 

25 countries; 


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1 (2) not supporting terrorist activities against 

2 United States or coalition forces in Afghanistan, and 

3 Pakistan’s military and intelligence agencies are not 

4 intervening extra-judicially into political and judicial 

5 processes in Pakistan; 

6 (3) dismantling improvised explosive device 

7 (IED) networks and interdicting precursor chemicals 

8 used in the manufacture of IEDs; 

9 (4) preventing the proliferation of nuclear-re10 lated material and expertise; 

11 (5) implementing policies to protect judicial 

12 independence and due process of law; 

13 (6) issuing visas in a timely manner for United 

14 States visitors engaged in counterterrorism efforts 

15 and assistance programs in Pakistan; and 

16 (7) providing humanitarian organizations access 

17 to detainees, internally displaced persons, and other 

18 Pakistani civilians affected by the conflict. 

19 (b) The Secretary of Defense, in coordination with 

20 the Secretary of State, may waive the restriction in sub21 section (a) on a case-by-case basis by certifying in writing 

22 to the congressional defense committees that it is in the 

23 national security interest to do so: Provided, That if the 

24 Secretary of Defense, in coordination with the Secretary 

25 of State, exercises such waiver authority, the Secretaries 


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1 shall report to the congressional defense committees on 

2 both the justification for the waiver and on the require3 ments of this section that the Government of Pakistan was 

4 not able to meet: Provided further, That such report may 

5 be submitted in classified form if necessary. 

6 (INCLUDING TRANSFER OF FUNDS)

7 SEC. 9018. In addition to amounts otherwise made 

8 available in this Act, $500,000,000 is hereby appropriated 

9 to the Department of Defense and made available for 

10 transfer only to the operation and maintenance, military 

11 personnel, and procurement accounts, to improve near12 term intelligence, surveillance, and reconnaissance capa13 bilities and related processing, exploitation, and dissemi14 nation functions of the Department of Defense: Provided, 

15 That the transfer authority provided in this section is in 

16 addition to any other transfer authority provided else17 where in this Act: Provided further, That not later than 

18 30 days prior to exercising the transfer authority provided 

19 in this section, the Secretary of Defense shall submit a 

20 report to the congressional defense committees on the pro21 posed uses of these funds: Provided further, That the 

22 funds provided in this section may not be transferred to 

23 any program, project, or activity specifically limited or de24 nied by this Act: Provided further, That such funds may 

25 not be obligated for new start efforts: Provided further, 


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1 That amounts made available by this section are des2 ignated by the Congress for Overseas Contingency Oper3 ations/Global War on Terrorism pursuant to section 

4 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

5 Deficit Control Act of 1985: Provided further, That the 

6 authority to provide funding under this section shall termi7 nate on September 30, 2020. 

8 SEC. 9019. None of the funds made available by this 

9 Act may be used with respect to Syria in contravention 

10 of the War Powers Resolution (50 U.S.C. 1541 et seq.), 

11 including for the introduction of United States armed or 

12 military forces into hostilities in Syria, into situations in 

13 Syria where imminent involvement in hostilities is clearly 

14 indicated by the circumstances, or into Syrian territory, 

15 airspace, or waters while equipped for combat, in con16 travention of the congressional consultation and reporting 

17 requirements of sections 3 and 4 of that law (50 U.S.C. 

18 1542 and 1543). 

19 SEC. 9020. None of the funds in this Act may be 

20 made available for the transfer of additional C–130 cargo 

21 aircraft to the Afghanistan National Security Forces or 

22 the Afghanistan Air Force until the Department of De23 fense provides a report to the congressional defense com24 mittees of the Afghanistan Air Force’s medium airlift re25 quirements. The report should identify Afghanistan’s abilVerDate Sep 11 2014 22:31 May 23, 2019 Jkt 089200 PO 00000 Frm 00155 Fmt 6652 Sfmt 6201 E:\BILLS\H2968.RH H2968

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1 ity to utilize and maintain existing medium lift aircraft 

2 in the inventory and the best alternative platform, if nec3 essary, to provide additional support to the Afghanistan 

4 Air Force’s current medium airlift capacity. 

5 SEC. 9021. Funds available for the Afghanistan Se6 curity Forces Fund may be used to provide limited train7 ing, equipment, and other assistance that would otherwise 

8 be prohibited by 10 U.S.C. 362 to a unit of the security 

9 forces of Afghanistan only if the Secretary certifies to the 

10 congressional defense committees, within 30 days of a de11 cision to provide such assistance, that (1) a denial of such 

12 assistance would present significant risk to U.S. or coali13 tion forces or significantly undermine United States na14 tional security objectives in Afghanistan; and (2) the Sec15 retary has sought a commitment by the Government of 

16 Afghanistan to take all necessary corrective steps: Pro17 vided, That such certification shall be accompanied by a 

18 report describing: (1) the information relating to the gross 

19 violation of human rights; (2) the circumstances that ne20 cessitated the provision of such assistance; (3) the Afghan 

21 security force unit involved; (4) the assistance provided 

22 and the assistance withheld; and (5) the corrective steps 

23 to be taken by the Government of Afghanistan: Provided 

24 further, That every 120 days after the initial report an 

25 additional report shall be submitted detailing the status 


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1 of any corrective steps taken by the Government of Af2 ghanistan: Provided further, That if the Government of Af3 ghanistan has not initiated necessary corrective steps 

4 within one year of the certification, the authority under 

5 this section to provide assistance to such unit shall no 

6 longer apply: Provided further, That the Secretary shall 

7 submit a report to such committees detailing the final dis8 position of the case by the Government of Afghanistan. 

9 SEC. 9022. None of the funds made available by this 

10 Act may be used to pay the expenses of any member of 

11 the Taliban to participate in any meeting that does not 

12 include the participation of members of the Government 

13 of Afghanistan or that restricts the participation of 

14 women. 

15 (RESCISSIONS)

16 SEC. 9023. Of the funds appropriated in Department 

17 of Defense Appropriations Acts, the following funds are 

18 hereby rescinded from the following accounts and pro19 grams in the specified amounts: Provided, That such 

20 amounts are designated by the Congress for Overseas 

21 Contingency Operations/Global War on Terrorism pursu22 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

23 and Emergency Deficit Control Act of 1985: 

24 ‘‘Operation and Maintenance, Defense-Wide: Defense 

25 Security Cooperation Account’’, 2019/2020, $7,000,000; 


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1 ‘‘Afghanistan Security Forces Fund’’, 2019/2020, 

2 $30,000,000; 

3 ‘‘Counter-ISIS Train and Equip Fund’’, 2019/2020, 

4 $13,000,000; and 

5 ‘‘Procurement of Ammunition, Navy and Marine 

6 Corps’’, 2019/2021, $16,574,000. 

7 SEC. 9024. Each amount designated in this Act by 

8 the Congress for Overseas Contingency Operations/Global 

9 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

10 the Balanced Budget and Emergency Deficit Control Act 

11 of 1985 shall be available (or rescinded, if applicable) only 

12 if the President subsequently so designates all such 

13 amounts and transmits such designations to the Congress. 

14 SEC. 9025. (a) The Authorization for Use of Military 

15 Force (Public Law 107–40; 50 U.S.C. 1541 note) is here16 by repealed. 

17 (b) The repeal contained in subsection (a)— 

18 (1) takes effect on the date that is 240 days 

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

20 (2) applies with respect to each operation or 

21 other action that is being carried out pursuant to 

22 the Authorization for Use of Military Force initiated 

23 before such effective date. 

24 SEC. 9026. Nothing in this Act may be construed as 

25 authorizing the use of force against Iran. 


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1 TITLE X—TO DIRECT THE RE2 MOVAL OF UNITED STATES 

3 ARMED FORCES FROM HOS4 TILITIES IN THE REPUBLIC 

5 OF YEMEN THAT HAVE NOT 

6 BEEN AUTHORIZED BY CON7 GRESS 

8 SEC. 10001. FINDINGS. 

9 Congress makes the following findings: 

10 (1) Congress has the sole power to declare war 

11 under article I, section 8, clause 11 of the United 

12 States Constitution. 

13 (2) Congress has not declared war with respect 

14 to, or provided a specific statutory authorization for, 

15 the conflict between military forces led by Saudi 

16 Arabia, including forces from the United Arab Emir17 ates, Bahrain, Kuwait, Egypt, Jordan, Morocco, 

18 Senegal, and Sudan (the Saudi-led coalition), 

19 against the Houthis, also known as Ansar Allah, in 

20 the Republic of Yemen. 

21 (3) Since March 2015, members of the United 

22 States Armed Forces have been introduced into hos23 tilities between the Saudi-led coalition and the 

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1 tion aerial targeting assistance, intelligence sharing, 

2 and mid-flight aerial refueling. 

3 (4) The United States has established a Joint 

4 Combined Planning Cell with Saudi Arabia, in which 

5 members of the United States Armed Forces assist 

6 in aerial targeting and help to coordinate military 

7 and intelligence activities. 

8 (5) In December 2017, Secretary of Defense 

9 James N. Mattis stated, ‘‘We have gone in to be 

10 very—to be helpful where we can in identifying how 

11 you do target analysis and how you make certain 

12 you hit the right thing.’’. 

13 (6) The conflict between the Saudi-led coalition 

14 and the Houthis constitutes, within the meaning of 

15 section 4(a) of the War Powers Resolution (50 

16 U.S.C. 1543(a)), either hostilities or a situation 

17 where imminent involvement in hostilities is clearly 

18 indicated by the circumstances into which United 

19 States Armed Forces have been introduced. 

20 (7) Section 5(c) of the War Powers Resolution 

21 (50 U.S.C. 1544(c)) states that ‘‘at any time that 

22 United States Armed Forces are engaged in hos23 tilities outside the territory of the United States, its 

24 possessions and territories without a declaration of 

25 war or specific statutory authorization, such forces 


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1 shall be removed by the President if the Congress so 

2 directs’’. 

3 (8) Section 8(c) of the War Powers Resolution 

4 (50 U.S.C. 1547(c)) defines the introduction of 

5 United States Armed Forces to include ‘‘the assign6 ment of members of such armed forces to command, 

7 coordinate, participate in the movement of, or ac8 company the regular or irregular military forces of 

9 any foreign country or government when such mili10 tary forces are engaged, or there exists an imminent 

11 threat that such forces will become engaged, in hos12 tilities,’’ and activities that the United States is con13 ducting in support of the Saudi-led coalition, includ14 ing aerial refueling and targeting assistance, fall 

15 within this definition. 

16 (9) Section 1013 of the Department of State 

17 Authorization Act, Fiscal Years 1984 and 1985 (50 

18 U.S.C. 1546a) provides that any joint resolution or 

19 bill to require the removal of United States Armed 

20 Forces engaged in hostilities without a declaration of 

21 war or specific statutory authorization shall be con22 sidered in accordance with the expedited procedures 

23 of section 601(b) of the International Security and 

24 Arms Export Control Act of 1976 (Public Law 94– 

25 329; 90 Stat. 765). 


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1 (10) No specific statutory authorization for the 

2 use of United States Armed Forces with respect to 

3 the conflict between the Saudi-led coalition and the 

4 Houthis in Yemen has been enacted, and no provi5 sion of law explicitly authorizes the provision of tar6 geting assistance or of midair refueling services to 

7 warplanes of Saudi Arabia or the United Arab Emir8 ates that are engaged in such conflict. 

9 SEC. 10002. REMOVAL OF UNITED STATES ARMED FORCES 

10 FROM HOSTILITIES IN THE REPUBLIC OF 

11 YEMEN THAT HAVE NOT BEEN AUTHORIZED 

12 BY CONGRESS. 

13 Pursuant to section 1013 of the Department of State 

14 Authorization Act, Fiscal Years 1984 and 1985 (50 

15 U.S.C. 1546a) and in accordance with the provisions of 

16 section 601(b) of the International Security Assistance 

17 and Arms Export Control Act of 1976 (Public Law 94– 

18 329; 90 Stat. 765), Congress hereby directs the President 

19 to remove United States Armed Forces from hostilities in 

20 or affecting the Republic of Yemen, except United States 

21 Armed Forces engaged in operations directed at al Qaeda 

22 or associated forces, by not later than the date that is 

23 30 days after the date of the enactment of this Act (unless 

24 the President requests and Congress authorizes a later 

25 date), and unless and until a declaration of war or specific 


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1 authorization for such use of United States Armed Forces 

2 has been enacted. For purposes of this title, in this sec3 tion, the term ‘‘hostilities’’ includes in-flight refueling of 

4 non-United States aircraft conducting missions as part of 

5 the ongoing civil war in Yemen. 

6 SEC. 10003. RULE OF CONSTRUCTION REGARDING CONTIN7 UED MILITARY OPERATIONS AND COOPERA8 TION WITH ISRAEL. 

9 Nothing in this title shall be construed to influence 

10 or disrupt any military operations and cooperation with 

11 Israel. 

12 SEC. 10004. RULE OF CONSTRUCTION REGARDING INTEL13 LIGENCE SHARING. 

14 Nothing in this title may be construed to influence 

15 or disrupt any intelligence, counterintelligence, or inves16 tigative activities relating to threats in or emanating from 

17 Yemen conducted by, or in conjunction with, the United 

18 States Government involving— 

19 (1) the collection of intelligence; 

20 (2) the analysis of intelligence; or 

21 (3) the sharing of intelligence between the 

22 United States and any coalition partner if the Presi23 dent determines such sharing is appropriate and in 

24 the national security interests of the United States. 


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1 SEC. 10005. REPORT ON RISKS POSED BY CEASING SAUDI 

2 ARABIA SUPPORT OPERATIONS. 

3 Not later than 90 days after the date of the enact4 ment of this Act, the President shall submit to Congress 

5 a report assessing the risks posed to United States citizens 

6 and the civilian population of Saudi Arabia and the risk 

7 of regional humanitarian crises if the United States were 

8 to cease support operations with respect to the conflict be9 tween the Saudi-led coalition and the Houthis in Yemen. 

10 SEC. 10006. REPORT ON INCREASED RISK OF TERRORIST 

11 ATTACKS TO UNITED STATES ARMED FORCES 

12 ABROAD, ALLIES, AND THE CONTINENTAL 

13 UNITED STATES IF SAUDI ARABIA CEASES 

14 YEMEN-RELATED INTELLIGENCE SHARING 

15 WITH THE UNITED STATES. 

16 Not later than 90 days after the date of the enact17 ment of this Act, the President shall submit to Congress 

18 a report assessing the increased risk of terrorist attacks 

19 on United States Armed Forces abroad, allies, and to the 

20 continental United States if the Government of Saudi Ara21 bia were to cease Yemen-related intelligence sharing with 

22 the United States. 


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1 SEC. 10007. RULE OF CONSTRUCTION REGARDING NO AU2 THORIZATION FOR USE OF MILITARY FORCE. 

3 Consistent with section 8(a)(1) of the War Powers 

4 Resolution (50 U.S.C. 1547(a)(1)), nothing in this title 

5 may be construed as authorizing the use of military force. 

6 This Act may be cited as the ‘‘Department of Defense 

7 Appropriations Act, 2020’’. 


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Union Calendar No. 59 

116TH CONGRESS 

1ST SESSION H. R. 2968 

[Report No. 116–84] 

A BILL 

Making appropriations for the Department of De2020, and for other purposes. fense for the fiscal year ending September 30, 

MAY 23, 2019 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


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