114TH CONGRESS 

2D SESSION H. R. 5293 

AN ACT 

Making appropriations for the Department of Defense for 

the fiscal year ending September 30, 2017, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
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1 That the following sums are appropriated, out of any 

2 money in the Treasury not otherwise appropriated, for the 

3 fiscal year ending September 30, 2017, for military func4 tions administered by the Department of Defense and for 

5 other purposes, namely: 

6 TITLE I 

7 MILITARY PERSONNEL 

8 MILITARY PERSONNEL, ARMY

9 For pay, allowances, individual clothing, subsistence, 

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

13 between permanent duty stations, for members of the 

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

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

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

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

20 $39,986,962,000. 

21 MILITARY PERSONNEL, NAVY

22 For pay, allowances, individual clothing, subsistence, 

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

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

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

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

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

7 of Defense Military Retirement Fund, $27,774,605,000 

8 (reduced by $2,000,000) (increased by $2,000,000). 

9 MILITARY PERSONNEL, MARINE CORPS

10 For pay, allowances, individual clothing, subsistence, 

11 interest on deposits, gratuities, permanent change of sta12 tion travel (including all expenses thereof for organiza13 tional movements), and expenses of temporary duty travel 

14 between permanent duty stations, for members of the Ma15 rine Corps on active duty (except members of the Reserve 

16 provided for elsewhere); and for payments pursuant to sec17 tion 156 of Public Law 97–377, as amended (42 U.S.C. 

18 402 note), and to the Department of Defense Military Re19 tirement Fund, $12,701,412,000. 

20 MILITARY PERSONNEL, AIR FORCE

21 For pay, allowances, individual clothing, subsistence, 

22 interest on deposits, gratuities, permanent change of sta23 tion travel (including all expenses thereof for organiza24 tional movements), and expenses of temporary duty travel 

25 between permanent duty stations, for members of the Air 
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1 Force on active duty (except members of reserve compo2 nents provided for elsewhere), cadets, and aviation cadets; 

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

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

5 377, as amended (42 U.S.C. 402 note), and to the Depart6 ment of Defense Military Retirement Fund, 

7 $27,794,615,000. 

8 RESERVE PERSONNEL, ARMY

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

10 travel, and related expenses for personnel of the Army Re11 serve on active duty under sections 10211, 10302, and 

12 3038 of title 10, United States Code, or while serving on 

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

14 States Code, in connection with performing duty specified 

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

16 while undergoing reserve training, or while performing 

17 drills or equivalent duty or other duty, and expenses au18 thorized by section 16131 of title 10, United States Code; 

19 and for payments to the Department of Defense Military 

20 Retirement Fund, $4,458,963,000. 

21 RESERVE PERSONNEL, NAVY

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

23 travel, and related expenses for personnel of the Navy Re24 serve on active duty under section 10211 of title 10, 

25 United States Code, or while serving on active duty under 
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1 section 12301(d) of title 10, United States Code, in con2 nection with performing duty specified in section 12310(a) 

3 of title 10, United States Code, or while undergoing re4 serve training, or while performing drills or equivalent 

5 duty, and expenses authorized by section 16131 of title 

6 10, United States Code; and for payments to the Depart7 ment of Defense Military Retirement Fund, 

8 $1,898,825,000. 

9 RESERVE PERSONNEL, MARINE CORPS

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

11 travel, and related expenses for personnel of the Marine 

12 Corps Reserve on active duty under section 10211 of title 

13 10, United States Code, or while serving on active duty 

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

15 in connection with performing duty specified in section 

16 12310(a) of title 10, United States Code, or while under17 going reserve training, or while performing drills or equiv18 alent duty, and for members of the Marine Corps platoon 

19 leaders class, and expenses authorized by section 16131 

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

21 Department of Defense Military Retirement Fund, 

22 $736,305,000. 

23 RESERVE PERSONNEL, AIR FORCE

24 For pay, allowances, clothing, subsistence, gratuities, 

25 travel, and related expenses for personnel of the Air Force 
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1 Reserve on active duty under sections 10211, 10305, and 

2 8038 of title 10, United States Code, or while serving on 

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

4 States Code, in connection with performing duty specified 

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

6 while undergoing reserve training, or while performing 

7 drills or equivalent duty or other duty, and expenses au8 thorized by section 16131 of title 10, United States Code; 

9 and for payments to the Department of Defense Military 

10 Retirement Fund, $1,718,126,000. 

11 NATIONAL GUARD PERSONNEL, ARMY

12 For pay, allowances, clothing, subsistence, gratuities, 

13 travel, and related expenses for personnel of the Army Na14 tional Guard while on duty under sections 10211, 10302, 

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

16 States Code, or while serving on duty under section 

17 12301(d) of title 10 or section 502(f) of title 32, United 

18 States Code, in connection with performing duty specified 

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

20 while undergoing training, or while performing drills or 

21 equivalent duty or other duty, and expenses authorized by 

22 section 16131 of title 10, United States Code; and for pay23 ments to the Department of Defense Military Retirement 

24 Fund, $7,827,440,000. 
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1 NATIONAL GUARD PERSONNEL, AIR FORCE

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

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

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

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

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

8 in connection with performing duty specified in section 

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

11 duty or other duty, and expenses authorized by section 

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

13 to the Department of Defense Military Retirement Fund, 

14 $3,271,215,000. 

15 TITLE II 

16 OPERATION AND MAINTENANCE 

17 OPERATION AND MAINTENANCE, ARMY

18 For expenses, not otherwise provided for, necessary 

19 for the operation and maintenance of the Army, as author20 ized by law, $34,436,295,000 (reduced by $5,600,000): 

21 Provided, That not to exceed $12,478,000 can be used for 

22 emergencies and extraordinary expenses, to be expended 

23 on the approval or authority of the Secretary of the Army, 

24 and payments may be made on his certificate of necessity 

25 for confidential military purposes. 
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1 OPERATION AND MAINTENANCE, NAVY

2 For expenses, not otherwise provided for, necessary 

3 for the operation and maintenance of the Navy and the 

4 Marine Corps, as authorized by law, $40,213,485,000 (re5 duced by $6,086,000) (increased by $6,086,000): Pro6 vided, That not to exceed $15,055,000 can be used for 

7 emergencies and extraordinary expenses, to be expended 

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

9 and payments may be made on his certificate of necessity 

10 for confidential military purposes. 

11 OPERATION AND MAINTENANCE, MARINE CORPS

12 For expenses, not otherwise provided for, necessary 

13 for the operation and maintenance of the Marine Corps, 

14 as authorized by law, $6,246,366,000. 

15 OPERATION AND MAINTENANCE, AIR FORCE

16 For expenses, not otherwise provided for, necessary 

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

18 authorized by law, $38,209,602,000: Provided, That not 

19 to exceed $7,699,000 can be used for emergencies and ex20 traordinary expenses, to be expended on the approval or 

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

22 may be made on his certificate of necessity for confidential 

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

2 (INCLUDING TRANSFER OF FUNDS)

3 For expenses, not otherwise provided for, necessary 

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

6 departments), as authorized by law, $32,263,224,000 (re7 duced by $20,000,000) (reduced by $40,000,000) (in8 creased by $5,000,000) (reduced by $1,000,000) (in9 creased by $1,000,000) (reduced by $5,000,000) (in10 creased by $5,000,000) (reduced by $5,000,000) (in11 creased by $5,000,000) (reduced by $10,000,000) (re12 duced by $7,000,000) (reduced by $17,000,000) (reduced 

13 by $5,000,000) (reduced by $5,500,000) (reduced by 

14 $5,000,000) (reduced by $1,000,000) (reduced by 

15 $5,000,000) (reduced by $8,000,000) (reduced by 

16 $2,000,000) (reduced by $7,800,000) (reduced by 

17 $2,000,000) (reduced by $25,000,000) (reduced by 

18 $80,000,000): Provided, That not more than $15,000,000 

19 may be used for the Combatant Commander Initiative 

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

21 States Code: Provided further, That not to exceed 

22 $36,000,000 can be used for emergencies and extraor23 dinary expenses, to be expended on the approval or author24 ity of the Secretary of Defense, and payments may be 

25 made on his certificate of necessity for confidential mili-
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1 tary purposes: Provided further, That of the funds pro2 vided under this heading, not less than $35,045,000 shall 

3 be made available for the Procurement Technical Assist4 ance Cooperative Agreement Program, of which not less 

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

6 10 U.S.C. 2411(1)(D): Provided further, That none of the 

7 funds appropriated or otherwise made available by this 

8 Act may be used to plan or implement the consolidation 

9 of a budget or appropriations liaison office of the Office 

10 of the Secretary of Defense, the office of the Secretary 

11 of a military department, or the service headquarters of 

12 one of the Armed Forces into a legislative affairs or legis13 lative liaison office: Provided further, That $8,023,000, to 

14 remain available until expended, is available only for ex15 penses relating to certain classified activities, and may be 

16 transferred as necessary by the Secretary of Defense to 

17 operation and maintenance appropriations or research, de18 velopment, test and evaluation appropriations, to be 

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

20 as the appropriations to which transferred: Provided fur21 ther, That any ceiling on the investment item unit cost 

22 of items that may be purchased with operation and main23 tenance funds shall not apply to the funds described in 

24 the preceding proviso: Provided further, That the transfer 
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1 authority provided under this heading is in addition to any 

2 other transfer authority provided elsewhere in this Act. 

3 OPERATION AND MAINTENANCE, ARMY RESERVE

4 For expenses, not otherwise provided for, necessary 

5 for the operation and maintenance, including training, or6 ganization, and administration, of the Army Reserve; re7 pair of facilities and equipment; hire of passenger motor 

8 vehicles; travel and transportation; care of the dead; re9 cruiting; procurement of services, supplies, and equip10 ment; and communications, $2,767,471,000. 

11 OPERATION AND MAINTENANCE, NAVY RESERVE

12 For expenses, not otherwise provided for, necessary 

13 for the operation and maintenance, including training, or14 ganization, and administration, of the Navy Reserve; re15 pair of facilities and equipment; hire of passenger motor 

16 vehicles; travel and transportation; care of the dead; re17 cruiting; procurement of services, supplies, and equip18 ment; and communications, $975,724,000. 

19 OPERATION AND MAINTENANCE, MARINE CORPS

20 RESERVE

21 For expenses, not otherwise provided for, necessary 

22 for the operation and maintenance, including training, or23 ganization, and administration, of the Marine Corps Re24 serve; repair of facilities and equipment; hire of passenger 

25 motor vehicles; travel and transportation; care of the dead; 
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1 recruiting; procurement of services, supplies, and equip2 ment; and communications, $320,066,000. 

3 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

4 For expenses, not otherwise provided for, necessary 

5 for the operation and maintenance, including training, or6 ganization, and administration, of the Air Force Reserve; 

7 repair of facilities and equipment; hire of passenger motor 

8 vehicles; travel and transportation; care of the dead; re9 cruiting; procurement of services, supplies, and equip10 ment; and communications, $3,106,066,000. 

11 OPERATION AND MAINTENANCE, ARMY NATIONAL

12 GUARD

13 For expenses of training, organizing, and admin14 istering the Army National Guard, including medical and 

15 hospital treatment and related expenses in non-Federal 

16 hospitals; maintenance, operation, and repairs to struc17 tures and facilities; hire of passenger motor vehicles; per18 sonnel services in the National Guard Bureau; travel ex19 penses (other than mileage), as authorized by law for 

20 Army personnel on active duty, for Army National Guard 

21 division, regimental, and battalion commanders while in22 specting units in compliance with National Guard Bureau 

23 regulations when specifically authorized by the Chief, Na24 tional Guard Bureau; supplying and equipping the Army 

25 National Guard as authorized by law; and expenses of re-
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1 pair, modification, maintenance, and issue of supplies and 

2 equipment (including aircraft), $6,923,595,000. 

3 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

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

6 hospital treatment and related expenses in non-Federal 

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

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

11 modification, maintenance, and issue of supplies and 

12 equipment, including those furnished from stocks under 

13 the control of agencies of the Department of Defense; 

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

15 authorized by law for Air National Guard personnel on 

16 active Federal duty, for Air National Guard commanders 

17 while inspecting units in compliance with National Guard 

18 Bureau regulations when specifically authorized by the 

19 Chief, National Guard Bureau, $6,708,200,000. 

20 UNITED STATES COURT OF APPEALS FOR THE ARMED

21 FORCES

22 For salaries and expenses necessary for the United 

23 States Court of Appeals for the Armed Forces, 

24 $14,194,000, of which not to exceed $5,000 may be used 

25 for official representation purposes. 
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1 ENVIRONMENTAL RESTORATION, ARMY

2 (INCLUDING TRANSFER OF FUNDS)

3 For the Department of the Army, $170,167,000 (re4 duced by $1,000,000), to remain available until trans5 ferred: Provided, That the Secretary of the Army shall, 

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

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

10 transfer the funds made available by this appropriation 

11 to other appropriations made available to the Department 

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

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

14 appropriations to which transferred: Provided further, 

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

16 transferred from this appropriation are not necessary for 

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

19 the transfer authority provided under this heading is in 

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

22 ENVIRONMENTAL RESTORATION, NAVY

23 (INCLUDING TRANSFER OF FUNDS)

24 For the Department of the Navy, $289,262,000, to 

25 remain available until transferred: Provided, That the Sec-
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1 retary of the Navy shall, upon determining that such 

2 funds are required for environmental restoration, reduc3 tion and recycling of hazardous waste, removal of unsafe 

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

5 for similar purposes, transfer the funds made available by 

6 this appropriation to other appropriations made available 

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

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

9 time period as the appropriations to which transferred: 

10 Provided further, That upon a determination that all or 

11 part of the funds transferred from this appropriation are 

12 not necessary for the purposes provided herein, such 

13 amounts may be transferred back to this appropriation: 

14 Provided further, That the transfer authority provided 

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

17 ENVIRONMENTAL RESTORATION, AIR FORCE

18 (INCLUDING TRANSFER OF FUNDS)

19 For the Department of the Air Force, $371,521,000, 

20 to remain available until transferred: Provided, That the 

21 Secretary of the Air Force shall, upon determining that 

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

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

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

3 merged with and to be available for the same purposes 

4 and for the same time period as the appropriations to 

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

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

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

11 other transfer authority provided elsewhere in this Act. 

12 ENVIRONMENTAL RESTORATION, DEFENSE-WIDE

13 (INCLUDING TRANSFER OF FUNDS)

14 For the Department of Defense, $9,009,000, to re15 main available until transferred: Provided, That the Sec16 retary of Defense shall, upon determining that such funds 

17 are required for environmental restoration, reduction and 

18 recycling of hazardous waste, removal of unsafe buildings 

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

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

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

3 may be transferred back to this appropriation: Provided 

4 further, That the transfer authority provided under this 

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

7 ENVIRONMENTAL RESTORATION, FORMERLY USED

8 DEFENSE SITES

9 (INCLUDING TRANSFER OF FUNDS)

10 For the Department of the Army, $222,084,000, to 

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

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

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

17 appropriation to other appropriations made available to 

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

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

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

22 of the funds transferred from this appropriation are not 

23 necessary for the purposes provided herein, such amounts 

24 may be transferred back to this appropriation: Provided 

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

3 OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

4 For expenses relating to the Overseas Humanitarian, 

5 Disaster, and Civic Aid programs of the Department of 

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

8 United States Code), $108,125,000, to remain available 

9 until September 30, 2018. 

10 COOPERATIVE THREAT REDUCTION ACCOUNT

11 For assistance, including assistance provided by con12 tract or by grants, under programs and activities of the 

13 Department of Defense Cooperative Threat Reduction 

14 Program authorized under the Department of Defense Co15 operative Threat Reduction Act, $325,604,000, to remain 

16 available until September 30, 2019. 

17 TITLE III 

18 PROCUREMENT 

19 AIRCRAFT PROCUREMENT, ARMY

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

22 ordnance, ground handling equipment, spare parts, and 

23 accessories therefor; specialized equipment and training 

24 devices; expansion of public and private plants, including 

25 the land necessary therefor, for the foregoing purposes, 
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1 and such lands and interests therein, may be acquired, 

2 and construction prosecuted thereon prior to approval of 

3 title; and procurement and installation of equipment, ap4 pliances, and machine tools in public and private plants; 

5 reserve plant and Government and contractor-owned 

6 equipment layaway; and other expenses necessary for the 

7 foregoing purposes, $4,628,697,000, to remain available 

8 for obligation until September 30, 2019. 

9 MISSILE PROCUREMENT, ARMY

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

12 ordnance, ground handling equipment, spare parts, and 

13 accessories therefor; specialized equipment and training 

14 devices; expansion of public and private plants, including 

15 the land necessary therefor, for the foregoing purposes, 

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

17 and construction prosecuted thereon prior to approval of 

18 title; and procurement and installation of equipment, ap19 pliances, and machine tools in public and private plants; 

20 reserve plant and Government and contractor-owned 

21 equipment layaway; and other expenses necessary for the 

22 foregoing purposes, $1,502,377,000, to remain available 

23 for obligation until September 30, 2019. 
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1 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

2 VEHICLES, ARMY

3 For construction, procurement, production, and 

4 modification of weapons and tracked combat vehicles, 

5 equipment, including ordnance, spare parts, and acces6 sories therefor; specialized equipment and training devices; 

7 expansion of public and private plants, including the land 

8 necessary therefor, for the foregoing purposes, and such 

9 lands and interests therein, may be acquired, and con10 struction prosecuted thereon prior to approval of title; and 

11 procurement and installation of equipment, appliances, 

12 and machine tools in public and private plants; reserve 

13 plant and Government and contractor-owned equipment 

14 layaway; and other expenses necessary for the foregoing 

15 purposes, $2,244,547,000, to remain available for obliga16 tion until September 30, 2019. 

17 PROCUREMENT OF AMMUNITION, ARMY

18 For construction, procurement, production, and 

19 modification of ammunition, and accessories therefor; spe20 cialized equipment and training devices; expansion of pub21 lic and private plants, including ammunition facilities, au22 thorized by section 2854 of title 10, United States Code, 

23 and the land necessary therefor, for the foregoing pur24 poses, and such lands and interests therein, may be ac25 quired, and construction prosecuted thereon prior to ap-
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1 proval of title; and procurement and installation of equip2 ment, appliances, and machine tools in public and private 

3 plants; reserve plant and Government and contractor4 owned equipment layaway; and other expenses necessary 

5 for the foregoing purposes, $1,513,157,000 (increased by 

6 $20,000,000), to remain available for obligation until Sep7 tember 30, 2019. 

8 OTHER PROCUREMENT, ARMY

9 For construction, procurement, production, and 

10 modification of vehicles, including tactical, support, and 

11 non-tracked combat vehicles; the purchase of passenger 

12 motor vehicles for replacement only; communications and 

13 electronic equipment; other support equipment; spare 

14 parts, ordnance, and accessories therefor; specialized 

15 equipment and training devices; expansion of public and 

16 private plants, including the land necessary therefor, for 

17 the foregoing purposes, and such lands and interests 

18 therein, may be acquired, and construction prosecuted 

19 thereon prior to approval of title; and procurement and 

20 installation of equipment, appliances, and machine tools 

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

23 expenses necessary for the foregoing purposes, 

24 $6,081,856,000, to remain available for obligation until 

25 September 30, 2019. 
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1 AIRCRAFT PROCUREMENT, NAVY

2 For construction, procurement, production, modifica3 tion, and modernization of aircraft, equipment, including 

4 ordnance, spare parts, and accessories therefor; specialized 

5 equipment; expansion of public and private plants, includ6 ing the land necessary therefor, and such lands and inter7 ests therein, may be acquired, and construction prosecuted 

8 thereon prior to approval of title; and procurement and 

9 installation of equipment, appliances, and machine tools 

10 in public and private plants; reserve plant and Govern11 ment and contractor-owned equipment layaway, 

12 $15,900,093,000, to remain available for obligation until 

13 September 30, 2019. 

14 WEAPONS PROCUREMENT, NAVY

15 For construction, procurement, production, modifica16 tion, and modernization of missiles, torpedoes, other weap17 ons, and related support equipment including spare parts, 

18 and accessories therefor; expansion of public and private 

19 plants, including the land necessary therefor, and such 

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

22 procurement and installation of equipment, appliances, 

23 and machine tools in public and private plants; reserve 

24 plant and Government and contractor-owned equipment 
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1 layaway, $3,102,544,000, to remain available for obliga2 tion until September 30, 2019. 

3 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

4 CORPS

5 For construction, procurement, production, and 

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

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

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

17 for the foregoing purposes, $601,563,000, to remain avail18 able for obligation until September 30, 2019. 

19 SHIPBUILDING AND CONVERSION, NAVY

20 For expenses necessary for the construction, acquisi21 tion, or conversion of vessels as authorized by law, includ22 ing armor and armament thereof, plant equipment, appli23 ances, and machine tools and installation thereof in public 

24 and private plants; reserve plant and Government and con25 tractor-owned equipment layaway; procurement of critical, 
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1 long lead time components and designs for vessels to be 

2 constructed or converted in the future; and expansion of 

3 public and private plants, including land necessary there4 for, and such lands and interests therein, may be acquired, 

5 and construction prosecuted thereon prior to approval of 

6 title, as follows: 

7 Ohio Replacement Submarine, $773,138,000; 

8 Carrier Replacement Program, $1,271,205,000; 

9 Carrier Replacement Program, (AP), 

10 $1,370,784,000; 

11 Virginia Class Submarine, $3,187,985,000; 

12 Virginia Class Submarine (AP), 

13 $1,742,134,000; 

14 CVN Refueling Overhauls, $1,689,920,000; 

15 CVN Refueling Overhauls (AP), $248,599,000; 

16 DDG–1000 Program, $271,756,000; 

17 DDG–51 Destroyer, $3,211,292,000; 

18 Littoral Combat Ship, $1,439,192,000; 

19 LHA Replacement, $1,559,189,000; 

20 TAO Fleet Oiler, $73,079,000; 

21 Moored Training Ship, $624,527,000; 

22 Ship to Shore Connector, $128,067,000; 

23 Service Craft, $65,192,000; 

24 LCAC Service Life Extension Program, 

25 $1,774,000; 
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1 YP Craft Maintenance/ROH/SLEP, 

2 $21,363,000; 

3 For outfitting, post delivery, conversions, and 

4 first destination transportation, $645,054,000; and 

5 Completion of Prior Year Shipbuilding Pro6 grams, $160,274,000. 

7 In all: $18,484,524,000, to remain available for obli8 gation until September 30, 2021, of which $160,274,000 

9 shall remain available until September 30, 2017, to fund 

10 completion of prior year shipbuilding programs: Provided, 

11 That additional obligations may be incurred after Sep12 tember 30, 2021, for engineering services, tests, evalua13 tions, and other such budgeted work that must be per14 formed in the final stage of ship construction: Provided 

15 further, That none of the funds provided under this head16 ing for the construction or conversion of any naval vessel 

17 to be constructed in shipyards in the United States shall 

18 be expended in foreign facilities for the construction of 

19 major components of such vessel: Provided further, That 

20 none of the funds provided under this heading shall be 

21 used for the construction of any naval vessel in foreign 

22 shipyards. 

23 OTHER PROCUREMENT, NAVY

24 For procurement, production, and modernization of 

25 support equipment and materials not otherwise provided 
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1 for, Navy ordnance (except ordnance for new aircraft, new 

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

3 of passenger motor vehicles for replacement only; expan4 sion of public and private plants, including the land nec5 essary therefor, and such lands and interests therein, may 

6 be acquired, and construction prosecuted thereon prior to 

7 approval of title; and procurement and installation of 

8 equipment, appliances, and machine tools in public and 

9 private plants; reserve plant and Government and con10 tractor-owned equipment layaway, $6,099,326,000, to re11 main available for obligation until September 30, 2019. 

12 PROCUREMENT, MARINE CORPS

13 For expenses necessary for the procurement, manu14 facture, and modification of missiles, armament, military 

15 equipment, spare parts, and accessories therefor; plant 

16 equipment, appliances, and machine tools, and installation 

17 thereof in public and private plants; reserve plant and 

18 Government and contractor-owned equipment layaway; ve19 hicles for the Marine Corps, including the purchase of pas20 senger motor vehicles for replacement only; and expansion 

21 of public and private plants, including land necessary 

22 therefor, and such lands and interests therein, may be ac23 quired, and construction prosecuted thereon prior to ap24 proval of title, $1,213,872,000, to remain available for ob25 ligation until September 30, 2019. 
27 

•HR 5293 EH

1 AIRCRAFT PROCUREMENT, AIR FORCE

2 For construction, procurement, and modification of 

3 aircraft and equipment, including armor and armament, 

4 specialized ground handling equipment, and training de5 vices, spare parts, and accessories therefor; specialized 

6 equipment; expansion of public and private plants, Gov7 ernment-owned equipment and installation thereof in such 

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

9 the foregoing purposes, and such lands and interests 

10 therein, may be acquired, and construction prosecuted 

11 thereon prior to approval of title; reserve plant and Gov12 ernment and contractor-owned equipment layaway; and 

13 other expenses necessary for the foregoing purposes in14 cluding rents and transportation of things, 

15 $14,325,117,000 (increased by $7,000,000) (increased by 

16 $80,000,000), to remain available for obligation until Sep17 tember 30, 2019. 

18 MISSILE PROCUREMENT, AIR FORCE

19 For construction, procurement, and modification of 

20 missiles, rockets, and related equipment, including spare 

21 parts and accessories therefor; ground handling equip22 ment, and training devices; expansion of public and pri23 vate plants, Government-owned equipment and installa24 tion thereof in such plants, erection of structures, and ac25 quisition of land, for the foregoing purposes, and such 
28 

•HR 5293 EH

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

6 things, $2,288,772,000, to remain available for obligation 

7 until September 30, 2019. 

8 SPACE PROCUREMENT, AIR FORCE

9 For construction, procurement, and modification of 

10 spacecraft, rockets, and related equipment, including 

11 spare parts and accessories therefor; ground handling 

12 equipment, and training devices; expansion of public and 

13 private plants, Government-owned equipment and installa14 tion thereof in such plants, erection of structures, and ac15 quisition of land, for the foregoing purposes, and such 

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

21 things, $2,538,152,000, to remain available for obligation 

22 until September 30, 2019. 

23 PROCUREMENT OF AMMUNITION, AIR FORCE

24 For construction, procurement, production, and 

25 modification of ammunition, and accessories therefor; spe-
29 

•HR 5293 EH

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

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

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

11 for the foregoing purposes, $1,609,719,000, to remain 

12 available for obligation until September 30, 2019. 

13 OTHER PROCUREMENT, AIR FORCE

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

16 and ground electronic and communication equipment), 

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

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

23 the foregoing purposes, and such lands and interests 

24 therein, may be acquired, and construction prosecuted 

25 thereon, prior to approval of title; reserve plant and Gov-
30 

•HR 5293 EH

1 ernment and contractor-owned equipment layaway, 

2 $17,342,313,000, to remain available for obligation until 

3 September 30, 2019. 

4 PROCUREMENT, DEFENSE-WIDE

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

7 necessary for procurement, production, and modification 

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

10 motor vehicles for replacement only; expansion of public 

11 and private plants, equipment, and installation thereof in 

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

13 for the foregoing purposes, and such lands and interests 

14 therein, may be acquired, and construction prosecuted 

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

17 $4,649,876,000 (increased by $5,000,000) (reduced by 

18 $10,000,000) (increased by $12,500,000), to remain avail19 able for obligation until September 30, 2019. 

20 DEFENSE PRODUCTION ACT PURCHASES

21 For activities by the Department of Defense pursuant 

22 to sections 108, 301, 302, and 303 of the Defense Produc23 tion Act of 1950 (50 U.S.C. 4518, 4531, 4532, and 4533), 

24 $74,065,000 (increased by $25,000,000), to remain avail25 able until expended. 
31 

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1 TITLE IV 

2 RESEARCH, DEVELOPMENT, TEST AND 

3 EVALUATION 

4 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

5 ARMY

6 For expenses necessary for basic and applied sci7 entific research, development, test and evaluation, includ8 ing maintenance, rehabilitation, lease, and operation of fa9 cilities and equipment, $7,864,517,000 (increased by 

10 $17,000,000) (increased by $5,000,000) (reduced by 

11 $1,000,000) (increased by $1,000,000), to remain avail12 able for obligation until September 30, 2018. 

13 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

14 NAVY

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, $16,831,290,000 (reduced by 

19 $2,000,000) (increased by $2,000,000) (increased by 

20 $29,800,000), to remain available for obligation until Sep21 tember 30, 2018: Provided, That funds appropriated in 

22 this paragraph which are available for the V–22 may be 

23 used to meet unique operational requirements of the Spe24 cial Operations Forces. 
32 

•HR 5293 EH

1 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

2 AIR FORCE

3 For expenses necessary for basic and applied sci4 entific research, development, test and evaluation, includ5 ing maintenance, rehabilitation, lease, and operation of fa6 cilities and equipment, $27,106,851,000 (reduced by 

7 $5,000,000), to remain available for obligation until Sep8 tember 30, 2018. 

9 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

10 DEFENSE-WIDE

11 (INCLUDING TRANSFER OF FUNDS)

12 For expenses of activities and agencies of the Depart13 ment of Defense (other than the military departments), 

14 necessary for basic and applied scientific research, devel15 opment, test and evaluation; advanced research projects 

16 as may be designated and determined by the Secretary 

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

18 lease, and operation of facilities and equipment, 

19 $18,311,236,000 (increased by $5,000,000) (increased by 

20 $5,000,000) (increased by $12,500,000) (reduced by 

21 $25,000,000) (increased by $5,000,000) (reduced by 

22 $33,900,000), to remain available for obligation until Sep23 tember 30, 2018: Provided, That, of the funds made avail24 able in this paragraph, $250,000,000 for the Defense 

25 Rapid Innovation Program shall only be available for ex-
33 

•HR 5293 EH

1 penses, not otherwise provided for, to include program 

2 management and oversight, to conduct research, develop3 ment, test and evaluation to include proof of concept dem4 onstration; engineering, testing, and validation; and tran5 sition to full-scale production: Provided further, That the 

6 Secretary of Defense may transfer funds provided herein 

7 for the Defense Rapid Innovation Program to appropria8 tions for research, development, test and evaluation to ac9 complish the purpose provided herein: Provided further, 

10 That this transfer authority is in addition to any other 

11 transfer authority available to the Department of Defense: 

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

13 fewer than 30 days prior to making transfers from this 

14 appropriation, notify the congressional defense committees 

15 in writing of the details of any such transfer. 

16 OPERATIONAL TEST AND EVALUATION, DEFENSE

17 For expenses, not otherwise provided for, necessary 

18 for the independent activities of the Director, Operational 

19 Test and Evaluation, in the direction and supervision of 

20 operational test and evaluation, including initial oper21 ational test and evaluation which is conducted prior to, 

22 and in support of, production decisions; joint operational 

23 testing and evaluation; and administrative expenses in 

24 connection therewith, $178,994,000, to remain available 

25 for obligation until September 30, 2018. 
34 

•HR 5293 EH

1 TITLE V 

2 REVOLVING AND MANAGEMENT FUNDS 

3 DEFENSE WORKING CAPITAL FUNDS

4 For the Defense Working Capital Funds, 

5 $1,371,613,000. 

6 TITLE VI 

7 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

8 DEFENSE HEALTH PROGRAM

9 For expenses, not otherwise provided for, for medical 

10 and health care programs of the Department of Defense 

11 as authorized by law, $33,576,563,000 (increased by 

12 $32,000,000) (increased by $1,000,000) (increased by 

13 $5,000,000) (increased by $1,000,000) (increased by 

14 $5,000,000) (increased by $8,000,000) (increased by 

15 $2,000,000) (increased by $2,000,000) (increased by 

16 $10,000,000); of which $31,696,337,000 (increased by 

17 $32,000,000) shall be for operation and maintenance, of 

18 which not to exceed 1 percent shall remain available for 

19 obligation until September 30, 2018, and of which up to 

20 $15,523,832,000 (increased by $32,000,000) may be 

21 available for contracts entered into under the TRICARE 

22 program; of which $413,219,000, to remain available for 

23 obligation until September 30, 2019, shall be for procure24 ment; and of which $1,467,007,000 (increased by 

25 $1,000,000) (increased by $5,000,000) (increased by 
35 

•HR 5293 EH

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

2 $8,000,000) (increased by $2,000,000) (increased by 

3 $2,000,000) (increased by $10,000,000), to remain avail4 able for obligation until September 30, 2018, shall be for 

5 research, development, test and evaluation: Provided, 

6 That, notwithstanding any other provision of law, of the 

7 amount made available under this heading for research, 

8 development, test and evaluation, not less than 

9 $8,000,000 shall be available for HIV prevention edu10 cational activities undertaken in connection with United 

11 States military training, exercises, and humanitarian as12 sistance activities conducted primarily in African nations: 

13 Provided further, That of the funds provided under this 

14 heading for research, development, test and evaluation, 

15 not less than $644,100,000 shall be made available to the 

16 United States Army Medical Research and Materiel Com17 mand to carry out the congressionally directed medical re18 search programs. 

19 CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, 

20 DEFENSE

21 For expenses, not otherwise provided for, necessary 

22 for the destruction of the United States stockpile of lethal 

23 chemical agents and munitions in accordance with the pro24 visions of section 1412 of the Department of Defense Au25 thorization Act, 1986 (50 U.S.C. 1521), and for the de-
36 

•HR 5293 EH

1 struction of other chemical warfare materials that are not 

2 in the chemical weapon stockpile, $551,023,000, of which 

3 $147,282,000 shall be for operation and maintenance, of 

4 which no less than $49,533,000 shall be for the Chemical 

5 Stockpile Emergency Preparedness Program, consisting of 

6 $20,368,000 for activities on military installations and 

7 $29,165,000, to remain available until September 30, 

8 2018, to assist State and local governments, not more 

9 than $30,000,000, to remain available until September 30, 

10 2018, shall be for the destruction of eight United States11 origin chemical munitions in the Republic of Panama, to 

12 the extent authorized by law; $15,132,000 shall be for pro13 curement, to remain available until September 30, 2019, 

14 of which $15,132,000 shall be for the Chemical Stockpile 

15 Emergency Preparedness Program to assist State and 

16 local governments; and $388,609,000, to remain available 

17 until September 30, 2018, shall be for research, develop18 ment, test and evaluation, of which $380,892,000 shall 

19 only be for the Assembled Chemical Weapons Alternatives 

20 program. 

21 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

22 DEFENSE

23 (INCLUDING TRANSFER OF FUNDS)

24 For drug interdiction and counter-drug activities of 

25 the Department of Defense, for transfer to appropriations 
37 

•HR 5293 EH

1 available to the Department of Defense for military per2 sonnel of the reserve components serving under the provi3 sions of title 10 and title 32, United States Code; for oper4 ation and maintenance; for procurement; and for research, 

5 development, test and evaluation, $908,800,000, of which 

6 $631,087,000 shall be for counter-narcotics support; 

7 $118,713,000 shall be for the drug demand reduction pro8 gram; and $159,000,000 shall be for the National Guard 

9 counter-drug program: Provided, That the funds appro10 priated under this heading shall be available for obligation 

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

12 appropriation to which transferred: Provided further, That 

13 upon a determination that all or part of the funds trans14 ferred from this appropriation are not necessary for the 

15 purposes provided herein, such amounts may be trans16 ferred back to this appropriation: Provided further, That 

17 the transfer authority provided under this heading is in 

18 addition to any other transfer authority contained else19 where in this Act. 

20 OFFICE OF THE INSPECTOR GENERAL

21 For expenses and activities of the Office of the In22 spector General in carrying out the provisions of the In23 spector General Act of 1978, as amended, $322,035,000, 

24 of which $318,882,000 shall be for operation and mainte25 nance, of which not to exceed $700,000 is available for 
38 

•HR 5293 EH

1 emergencies and extraordinary expenses to be expended on 

2 the approval or authority of the Inspector General, and 

3 payments may be made on the Inspector General’s certifi4 cate of necessity for confidential military purposes; and 

5 of which $3,153,000, to remain available until September 

6 30, 2018, shall be for research, development, test and eval7 uation. 

8 TITLE VII 

9 RELATED AGENCIES 

10 CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

11 DISABILITY SYSTEM FUND

12 For payment to the Central Intelligence Agency Re13 tirement and Disability System Fund, to maintain the 

14 proper funding level for continuing the operation of the 

15 Central Intelligence Agency Retirement and Disability 

16 System, $514,000,000. 

17 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

18 For necessary expenses of the Intelligence Commu19 nity Management Account, $483,596,000. 

20 TITLE VIII 

21 GENERAL PROVISIONS 

22 SEC. 8001. No part of any appropriation contained 

23 in this Act shall be used for publicity or propaganda pur24 poses not authorized by the Congress. 
39 

•HR 5293 EH

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

2 of law prohibiting the payment of compensation to, or em3 ployment of, any person not a citizen of the United States 

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

5 Provided, That salary increases granted to direct and indi6 rect hire foreign national employees of the Department of 

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

8 of the percentage increase authorized by law for civilian 

9 employees of the Department of Defense whose pay is 

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

11 United States Code, or at a rate in excess of the percent12 age increase provided by the appropriate host nation to 

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

14 That this section shall not apply to Department of De15 fense foreign service national employees serving at United 

16 States diplomatic missions whose pay is set by the Depart17 ment of State under the Foreign Service Act of 1980: Pro18 vided further, That the limitations of this provision shall 

19 not apply to foreign national employees of the Department 

20 of Defense in the Republic of Turkey. 

21 SEC. 8003. No part of any appropriation contained 

22 in this Act shall remain available for obligation beyond 

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

24 SEC. 8004. No more than 20 percent of the appro25 priations in this Act which are limited for obligation dur-
40 

•HR 5293 EH

1 ing the current fiscal year shall be obligated during the 

2 last 2 months of the fiscal year: Provided, That this sec3 tion shall not apply to obligations for support of active 

4 duty training of reserve components or summer camp 

5 training of the Reserve Officers’ Training Corps. 

6 (TRANSFER OF FUNDS)

7 SEC. 8005. Upon determination by the Secretary of 

8 Defense that such action is necessary in the national inter9 est, he may, with the approval of the Office of Manage10 ment and Budget, transfer not to exceed $4,500,000,000 

11 of working capital funds of the Department of Defense 

12 or funds made available in this Act to the Department 

13 of Defense for military functions (except military con14 struction) between such appropriations or funds or any 

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

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

17 the appropriation or fund to which transferred: Provided, 

18 That such authority to transfer may not be used unless 

19 for higher priority items, based on unforeseen military re20 quirements, than those for which originally appropriated 

21 and in no case where the item for which funds are re22 quested has been denied by the Congress: Provided further, 

23 That the Secretary of Defense shall notify the Congress 

24 promptly of all transfers made pursuant to this authority 

25 or any other authority in this Act: Provided further, That 
41 

•HR 5293 EH

1 no part of the funds in this Act shall be available to pre2 pare or present a request to the Committees on Appropria3 tions for reprogramming of funds, unless for higher pri4 ority items, based on unforeseen military requirements, 

5 than those for which originally appropriated and in no 

6 case where the item for which reprogramming is requested 

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

8 a request for multiple reprogrammings of funds using au9 thority provided in this section shall be made prior to June 

10 30, 2017: Provided further, That transfers among military 

11 personnel appropriations shall not be taken into account 

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

13 may be transferred under this section. 

14 SEC. 8006. (a) With regard to the list of specific pro15 grams, projects, and activities (and the dollar amounts 

16 and adjustments to budget activities corresponding to 

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

18 tables titled Explanation of Project Level Adjustments in 

19 the explanatory statement regarding this Act, the obliga20 tion and expenditure of amounts appropriated or other21 wise made available in this Act for those programs, 

22 projects, and activities for which the amounts appro23 priated exceed the amounts requested are hereby required 

24 by law to be carried out in the manner provided by such 
42 

•HR 5293 EH

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

2 in the text of this Act. 

3 (b) Amounts specified in the referenced tables de4 scribed in subsection (a) shall not be treated as subdivi5 sions of appropriations for purposes of section 8005 of this 

6 Act: Provided, That section 8005 shall apply when trans7 fers of the amounts described in subsection (a) occur be8 tween appropriation accounts. 

9 SEC. 8007. (a) Not later than 60 days after enact10 ment of this Act, the Department of Defense shall submit 

11 a report to the congressional defense committees to estab12 lish the baseline for application of reprogramming and 

13 transfer authorities for fiscal year 2017: Provided, That 

14 the report shall include— 

15 (1) a table for each appropriation with a sepa16 rate column to display the President’s budget re17 quest, adjustments made by Congress, adjustments 

18 due to enacted rescissions, if appropriate, and the 

19 fiscal year enacted level; 

20 (2) a delineation in the table for each appro21 priation both by budget activity and program, 

22 project, and activity as detailed in the Budget Ap23 pendix; and 

24 (3) an identification of items of special congres25 sional interest. 
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1 (b) Notwithstanding section 8005 of this Act, none 

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

3 reprogramming or transfer until the report identified in 

4 subsection (a) is submitted to the congressional defense 

5 committees, unless the Secretary of Defense certifies in 

6 writing to the congressional defense committees that such 

7 reprogramming or transfer is necessary as an emergency 

8 requirement: Provided, That this subsection shall not 

9 apply to transfers from the following appropriations ac10 counts: 

11 (1) Environmental Restoration, Army; 

12 (2) Environmental Restoration, Navy; 

13 (3) Environmental Restoration, Air Force; 

14 (4) Environmental Restoration, Defense-wide; 

15 (5) Environmental Restoration, Formerly Used 

16 Defense Sites; and 

17 (6) Drug Interdiction and Counter-drug Activi18 ties, Defense. 

19 (TRANSFER OF FUNDS)

20 SEC. 8008. During the current fiscal year, cash bal21 ances in working capital funds of the Department of De22 fense established pursuant to section 2208 of title 10, 

23 United States Code, may be maintained in only such 

24 amounts as are necessary at any time for cash disburse25 ments to be made from such funds: Provided, That trans-
44 

•HR 5293 EH

1 fers may be made between such funds: Provided further, 

2 That transfers may be made between working capital 

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

4 appropriation and the ‘‘Operation and Maintenance’’ ap5 propriation accounts in such amounts as may be deter6 mined by the Secretary of Defense, with the approval of 

7 the Office of Management and Budget, except that such 

8 transfers may not be made unless the Secretary of Defense 

9 has notified the Congress of the proposed transfer: Pro10 vided further, That except in amounts equal to the 

11 amounts appropriated to working capital funds in this Act, 

12 no obligations may be made against a working capital fund 

13 to procure or increase the value of war reserve material 

14 inventory, unless the Secretary of Defense has notified the 

15 Congress prior to any such obligation. 

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

17 be used to initiate a special access program without prior 

18 notification 30 calendar days in advance to the congres19 sional defense committees. 

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

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

22 employs economic order quantity procurement in excess of 

23 $20,000,000 in any one year of the contract or that in24 cludes an unfunded contingent liability in excess of 

25 $20,000,000; or (2) a contract for advance procurement 
45 

•HR 5293 EH

1 leading to a multiyear contract that employs economic 

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

3 any one year, unless the congressional defense committees 

4 have been notified at least 30 days in advance of the pro5 posed contract award: Provided, That no part of any ap6 propriation contained in this Act shall be available to ini7 tiate a multiyear contract for which the economic order 

8 quantity advance procurement is not funded at least to 

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

10 That no part of any appropriation contained in this Act 

11 shall be available to initiate multiyear procurement con12 tracts for any systems or component thereof if the value 

13 of the multiyear contract would exceed $500,000,000 un14 less specifically provided in this Act: Provided further, 

15 That no multiyear procurement contract can be termi16 nated without 30-day prior notification to the congres17 sional defense committees: Provided further, That the exe18 cution of multiyear authority shall require the use of a 

19 present value analysis to determine lowest cost compared 

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

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

22 contract executed after the date of the enactment of this 

23 Act unless in the case of any such contract— 

24 (1) the Secretary of Defense has submitted to 

25 Congress a budget request for full funding of units 
46 

•HR 5293 EH

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

2 of a contract for procurement of aircraft, that in3 cludes, for any aircraft unit to be procured through 

4 the contract for which procurement funds are re5 quested in that budget request for production be6 yond advance procurement activities in the fiscal 

7 year covered by the budget, full funding of procure8 ment of such unit in that fiscal year; 

9 (2) cancellation provisions in the contract do 

10 not include consideration of recurring manufacturing 

11 costs of the contractor associated with the produc12 tion of unfunded units to be delivered under the con13 tract; 

14 (3) the contract provides that payments to the 

15 contractor under the contract shall not be made in 

16 advance of incurred costs on funded units; and 

17 (4) the contract does not provide for a price ad18 justment based on a failure to award a follow-on 

19 contract. 

20 SEC. 8011. Within the funds appropriated for the op21 eration and maintenance of the Armed Forces, funds are 

22 hereby appropriated pursuant to section 401 of title 10, 

23 United States Code, for humanitarian and civic assistance 

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

25 Such funds may also be obligated for humanitarian and 
47 

•HR 5293 EH

1 civic assistance costs incidental to authorized operations 

2 and pursuant to authority granted in section 401 of chap3 ter 20 of title 10, United States Code, and these obliga4 tions shall be reported as required by section 401(d) of 

5 title 10, United States Code: Provided, That funds avail6 able for operation and maintenance shall be available for 

7 providing humanitarian and similar assistance by using 

8 Civic Action Teams in the Trust Territories of the Pacific 

9 Islands and freely associated states of Micronesia, pursu10 ant to the Compact of Free Association as authorized by 

11 Public Law 99–239: Provided further, That upon a deter12 mination by the Secretary of the Army that such action 

13 is beneficial for graduate medical education programs con14 ducted at Army medical facilities located in Hawaii, the 

15 Secretary of the Army may authorize the provision of med16 ical services at such facilities and transportation to such 

17 facilities, on a nonreimbursable basis, for civilian patients 

18 from American Samoa, the Commonwealth of the North19 ern Mariana Islands, the Marshall Islands, the Federated 

20 States of Micronesia, Palau, and Guam. 

21 SEC. 8012. (a) During fiscal year 2017, the civilian 

22 personnel of the Department of Defense may not be man23 aged on the basis of any end-strength, and the manage24 ment of such personnel during that fiscal year shall not 

25 be subject to any constraint or limitation (known as an 
48 

•HR 5293 EH

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

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

3 (b) The fiscal year 2018 budget request for the De4 partment of Defense as well as all justification material 

5 and other documentation supporting the fiscal year 2018 

6 Department of Defense budget request shall be prepared 

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

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

9 year 2018. 

10 (c) As required by section 1107 of the National De11 fense Authorization Act for Fiscal Year 2014 (Public Law 

12 113–66; 10 U.S.C. 2358 note) civilian personnel at the 

13 Department of Army Science and Technology Reinvention 

14 Laboratories may not be managed on the basis of the 

15 Table of Distribution and Allowances, and the manage16 ment of the workforce strength shall be done in a manner 

17 consistent with the budget available with respect to such 

18 Laboratories. 

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

20 to military (civilian) technicians. 

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

22 Act shall be used in any way, directly or indirectly, to in23 fluence congressional action on any legislation or appro24 priation matters pending before the Congress. 
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1 SEC. 8014. None of the funds appropriated by this 

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

3 any member of the Army participating as a full-time stu4 dent and receiving benefits paid by the Secretary of Vet5 erans Affairs from the Department of Defense Education 

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

7 credited toward completion of a service commitment: Pro8 vided, That this section shall not apply to those members 

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

10 1987: Provided further, That this section applies only to 

11 active components of the Army. 

12 (TRANSFER OF FUNDS)

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

14 for the Department of Defense Pilot Mentor-Protege Pro15 gram may be transferred to any other appropriation con16 tained in this Act solely for the purpose of implementing 

17 a Mentor-Protege Program developmental assistance 

18 agreement pursuant to section 831 of the National De19 fense Authorization Act for Fiscal Year 1991 (Public Law 

20 101–510; 10 U.S.C. 2302 note), as amended, under the 

21 authority of this provision or any other transfer authority 

22 contained in this Act. 

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

24 available for the purchase by the Department of Defense 

25 (and its departments and agencies) of welded shipboard 
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1 anchor and mooring chain 4 inches in diameter and under 

2 unless the anchor and mooring chain are manufactured 

3 in the United States from components which are substan4 tially manufactured in the United States: Provided, That 

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

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

7 of chain and welding (including the forging and shot blast8 ing process): Provided further, That for the purpose of this 

9 section substantially all of the components of anchor and 

10 mooring chain shall be considered to be produced or manu11 factured in the United States if the aggregate cost of the 

12 components produced or manufactured in the United 

13 States exceeds the aggregate cost of the components pro14 duced or manufactured outside the United States: Pro15 vided further, That when adequate domestic supplies are 

16 not available to meet Department of Defense requirements 

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

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

20 on Appropriations that such an acquisition must be made 

21 in order to acquire capability for national security pur22 poses. 

23 SEC. 8017. None of the funds available to the De24 partment of Defense may be used to demilitarize or dis25 pose of M–1 Carbines, M–1 Garand rifles, M–14 rifles, 
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1 .22 caliber rifles, .30 caliber rifles, or M–1911 pistols, or 

2 to demilitarize or destroy small arms ammunition or am3 munition components that are not otherwise prohibited 

4 from commercial sale under Federal law, unless the small 

5 arms ammunition or ammunition components are certified 

6 by the Secretary of the Army or designee as unserviceable 

7 or unsafe for further use. 

8 SEC. 8018. No more than $500,000 of the funds ap9 propriated or made available in this Act shall be used dur10 ing a single fiscal year for any single relocation of an orga11 nization, unit, activity or function of the Department of 

12 Defense into or within the National Capital Region: Pro13 vided, That the Secretary of Defense may waive this re14 striction on a case-by-case basis by certifying in writing 

15 to the congressional defense committees that such a relo16 cation is required in the best interest of the Government. 

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

18 $15,000,000 shall be available for incentive payments au19 thorized by section 504 of the Indian Financing Act of 

20 1974 (25 U.S.C. 1544): Provided, That a prime contractor 

21 or a subcontractor at any tier that makes a subcontract 

22 award to any subcontractor or supplier as defined in sec23 tion 1544 of title 25, United States Code, or a small busi24 ness owned and controlled by an individual or individuals 

25 defined under section 4221(9) of title 25, United States 
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1 Code, shall be considered a contractor for the purposes 

2 of being allowed additional compensation under section 

3 504 of the Indian Financing Act of 1974 (25 U.S.C. 

4 1544) whenever the prime contract or subcontract amount 

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

6 appropriated by an Act making appropriations for the De7 partment of Defense with respect to any fiscal year: Pro8 vided further, That notwithstanding section 1906 of title 

9 41, United States Code, this section shall be applicable 

10 to any Department of Defense acquisition of supplies or 

11 services, including any contract and any subcontract at 

12 any tier for acquisition of commercial items produced or 

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

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

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

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

17 of title 25, United States Code. 

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

19 Defense Media Activity shall not be used for any national 

20 or international political or psychological activities. 

21 SEC. 8021. During the current fiscal year, the De22 partment of Defense is authorized to incur obligations of 

23 not to exceed $350,000,000 for purposes specified in sec24 tion 2350j(c) of title 10, United States Code, in anticipa25 tion of receipt of contributions, only from the Government 
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1 of Kuwait, under that section: Provided, That, upon re2 ceipt, such contributions from the Government of Kuwait 

3 shall be credited to the appropriations or fund which in4 curred such obligations. 

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

6 Act, not less than $40,021,000 shall be available for the 

7 Civil Air Patrol Corporation, of which— 

8 (1) $28,000,000 shall be available from ‘‘Oper9 ation and Maintenance, Air Force’’ to support Civil 

10 Air Patrol Corporation operation and maintenance, 

11 readiness, counter-drug activities, and drug demand 

12 reduction activities involving youth programs; 

13 (2) $10,337,000 shall be available from ‘‘Air14 craft Procurement, Air Force’’; and 

15 (3) $1,684,000 shall be available from ‘‘Other 

16 Procurement, Air Force’’ for vehicle procurement. 

17 (b) The Secretary of the Air Force should waive reim18 bursement for any funds used by the Civil Air Patrol for 

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

20 local government agencies. 

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

22 Act are available to establish a new Department of De23 fense (department) federally funded research and develop24 ment center (FFRDC), either as a new entity, or as a 

25 separate entity administrated by an organization man-
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1 aging another FFRDC, or as a nonprofit membership cor2 poration consisting of a consortium of other FFRDCs and 

3 other nonprofit entities. 

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

5 Overseers, Advisory Group, Special Issues Panel, Visiting 

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

7 and no paid consultant to any defense FFRDC, except 

8 when acting in a technical advisory capacity, may be com9 pensated for his or her services as a member of such enti10 ty, or as a paid consultant by more than one FFRDC in 

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

12 referred to previously in this subsection shall be allowed 

13 travel expenses and per diem as authorized under the Fed14 eral Joint Travel Regulations, when engaged in the per15 formance of membership duties. 

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

17 of the funds available to the department from any source 

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

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

20 construction of new buildings not located on a military in21 stallation, for payment of cost sharing for projects funded 

22 by Government grants, for absorption of contract over23 runs, or for certain charitable contributions, not to include 

24 employee participation in community service and/or devel25 opment: Provided, That up to 1 percent of funds provided 
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1 in this Act for support of defense FFRDCs may be used 

2 for planning and design of scientific or engineering facili3 ties: Provided further, That the Secretary of Defense shall 

4 notify the congressional defense committees 15 days in ad5 vance of exercising the authority in the previous proviso. 

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

7 the funds available to the department during fiscal year 

8 2017, not more than 5,750 staff years of technical effort 

9 (staff years) may be funded for defense FFRDCs: Pro10 vided, That, of the specific amount referred to previously 

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

12 be funded for the defense studies and analysis FFRDCs: 

13 Provided further, That this subsection shall not apply to 

14 staff years funded in the National Intelligence Program 

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

16 (e) The Secretary of Defense shall, with the submis17 sion of the department’s fiscal year 2018 budget request, 

18 submit a report presenting the specific amounts of staff 

19 years of technical effort to be allocated for each defense 

20 FFRDC during that fiscal year and the associated budget 

21 estimates. 

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

23 the total amount appropriated in this Act for FFRDCs 

24 is hereby reduced by $126,800,000. 
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1 SEC. 8024. 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. 8025. For the purposes of this Act, the term 

23 ‘‘congressional defense committees’’ means the Armed 

24 Services Committee of the House of Representatives, the 

25 Armed Services Committee of the Senate, the Sub-
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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. 8026. 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 A– 

17 76 shall not apply to competitions conducted under this 

18 section. 

19 SEC. 8027. (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 2017. 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. 8028. 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. 8029. (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. 479a– 

9 1). 

10 SEC. 8030. During the current fiscal year, appropria11 tions which are available to the Department of Defense 

12 for operation and maintenance may be used to purchase 

13 items having an investment item unit cost of not more 

14 than $250,000. 

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

16 Act may be used to— 

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

18 Senior Reserve Officers’ Training Corps program in 

19 accordance with Department of Defense Instruction 

20 Number 1215.08, dated June 26, 2006; or 

21 (2) close, downgrade from host to extension 

22 center, or place on probation a Senior Reserve Offi23 cers’ Training Corps program in accordance with the 

24 information paper of the Department of the Army 

25 titled ‘‘Army Senior Reserve Officers’ Training 
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1 Corps (SROTC) Program Review and Criteria’’, 

2 dated January 27, 2014. 

3 SEC. 8032. The Secretary of Defense shall issue reg4 ulations to prohibit the sale of any tobacco or tobacco5 related products in military resale outlets in the United 

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

7 most competitive price in the local community: Provided, 

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

11 for military retail system stores located in the United 

12 States. 

13 SEC. 8033. (a) During the current fiscal year, none 

14 of the appropriations or funds available to the Department 

15 of Defense Working Capital Funds shall be used for the 

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

19 customers of the Department of Defense Working Capital 

20 Funds if such an item would not have been chargeable 

21 to the Department of Defense Business Operations Fund 

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

23 investment item would be chargeable during the current 

24 fiscal year to appropriations made to the Department of 

25 Defense for procurement. 
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1 (b) The fiscal year 2018 budget request for the De2 partment of Defense as well as all justification material 

3 and other documentation supporting the fiscal year 2018 

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

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

8 budgeted for in a proposed fiscal year 2018 procurement 

9 appropriation and not in the supply management business 

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

11 Defense Working Capital Funds. 

12 SEC. 8034. None of the funds appropriated by this 

13 Act for programs of the Central Intelligence Agency shall 

14 remain available for obligation beyond the current fiscal 

15 year, except for funds appropriated for the Reserve for 

16 Contingencies, which shall remain available until Sep17 tember 30, 2018: Provided, That funds appropriated, 

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

20 during this or any prior or subsequent fiscal year shall 

21 remain available until expended: Provided further, That 

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

2 remain available until September 30, 2018. 

3 SEC. 8035. Notwithstanding any other provision of 

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

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

10 SEC. 8036. Of the funds appropriated to the Depart11 ment of Defense under the heading ‘‘Operation and Main12 tenance, Defense-Wide’’, not less than $12,000,000 shall 

13 be made available only for the mitigation of environmental 

14 impacts, including training and technical assistance to 

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

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

20 SEC. 8037. (a) None of the funds appropriated in this 

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

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

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

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

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

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

5 in America, the Secretary shall determine, in accordance 

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

8 the Department of Defense. 

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

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

13 only American-made equipment and products, provided 

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

16 fashion. 

17 SEC. 8038. None of the funds appropriated by this 

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

20 competition on the basis of an unsolicited proposal unless 

21 the head of the activity responsible for the procurement 

22 determines— 

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

24 only one source is found fully qualified to perform 

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

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

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

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

11 not apply to contracts in an amount of less than 

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

16 Senate, determines that the award of such contract 

17 is in the interest of the national defense. 

18 SEC. 8039. (a) Except as provided in subsections (b) 

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

20 be used— 

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

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

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

2 of duty remains at the location of that headquarters. 

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

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

6 and certifies to the Committees on Appropriations of the 

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

9 or the financial requirements of the department. 

10 (c) This section does not apply to— 

11 (1) field operating agencies funded within the 

12 National Intelligence Program; 

13 (2) an Army field operating agency established 

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

16 Secretary of the Army, other similar threats; 

17 (3) an Army field operating agency established 

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

20 technologies throughout the Department of Defense; 

21 or 

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

24 Program and Mortuary Operations for the Depart25 ment of Defense and authorized Federal entities. 
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1 SEC. 8040. (a) None of the funds appropriated by 

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

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

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

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

10 by such activity or function; 

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

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

16 to the Department of Defense by an amount that 

17 equals or exceeds the lesser of— 

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

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

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

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

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

2 health insurance plan available to the workers 

3 who are to be employed in the performance of 

4 that activity or function under the contract; or 

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

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

9 that is paid by the Department of Defense for 

10 health benefits for civilian employees under 

11 chapter 89 of title 5, United States Code. 

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

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

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

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

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

19 Defense that— 

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

23 Code); 

24 (B) is planned to be converted to performance 

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

3 (C) is planned to be converted to performance 

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

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

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

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

11 or contracts for depot maintenance as provided in sections 

12 2469 and 2474 of title 10, United States Code. 

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

14 Department of Defense under the authority provided by 

15 this section shall be credited toward any competitive or 

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

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

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

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

22 (RESCISSIONS)

23 SEC. 8041. Of the funds appropriated in Department 

24 of Defense Appropriations Acts, the following funds are 

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

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

6 Budget or the Balanced Budget and Emergency Deficit 

7 Control Act of 1985, as amended: 

8 (1) ‘‘Aircraft Procurement, Army’’, 2015/2017, 

9 $15,000,000; 

10 (2) ‘‘Other Procurement, Army’’, 2015/2017, 

11 $30,000,000; 

12 (3) ‘‘Aircraft Procurement, Navy’’, 2015/2017, 

13 $150,000,000; 

14 (4) ‘‘Weapons Procurement, Navy’’, 2015/2017, 

15 $16,698,000; 

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

17 Marine Corps’’, 2015/2017, $43,600,000; 

18 (6) ‘‘Aircraft Procurement, Air Force’’, 2015/ 

19 2017, $65,800,000; 

20 (7) ‘‘Procurement of Ammunition, Army’’, 

21 2016/2018, $13,000,000; 

22 (8) ‘‘Other Procurement, Army’’, 2016/2018, 

23 $58,000,000; 

24 (9) ‘‘Aircraft Procurement, Navy’’, 2016/2018, 

25 $6,755,000; 
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1 (10) ‘‘Weapons Procurement, Navy’’, 2016/ 

2 2018, $15,413,000; 

3 (11) ‘‘Procurement of Ammunition, Navy and 

4 Marine Corps’’, 2016/2018, $1,000,000; 

5 (12) ‘‘Shipbuilding and Conversion, Navy’’, 

6 2016/2020, $276,906,000; 

7 (13) ‘‘Other Procurement, Navy’’, 2016/2018, 

8 $54,394,000; 

9 (14) ‘‘Aircraft Procurement, Air Force’’, 2016/ 

10 2018, $178,300,000; 

11 (15) ‘‘Other Procurement, Air Force’’, 2016/ 

12 2018, $23,250,000; 

13 (16) ‘‘Procurement, Defense-wide’’, 2016/2018, 

14 $2,600,000; 

15 (17) ‘‘Research, Development, Test and Evalua16 tion, Army’’, 2016/2017, $73,000,000; 

17 (18) ‘‘Research, Development, Test and Evalua18 tion, Navy’’, 2016/2017, $75,000,000; 

19 (19) ‘‘Research, Development, Test and Evalua20 tion, Air Force’’, 2016/2017, $181,700,000; and 

21 (20) ‘‘Research, Development, Test and Evalua22 tion, Defense-wide’’, 2016/2017, $3,000,000. 

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

24 may be used to reduce the authorized positions for mili25 tary technicians (dual status) of the Army National 
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1 Guard, Air National Guard, Army Reserve and Air Force 

2 Reserve for the purpose of applying any administratively 

3 imposed civilian personnel ceiling, freeze, or reduction on 

4 military technicians (dual status), unless such reductions 

5 are a direct result of a reduction in military force struc6 ture. 

7 SEC. 8043. None of the funds appropriated or other8 wise made available in this Act may be obligated or ex9 pended for assistance to the Democratic People’s Republic 

10 of Korea unless specifically appropriated for that purpose. 

11 SEC. 8044. Funds appropriated in this Act for oper12 ation and maintenance of the Military Departments, Com13 batant Commands and Defense Agencies shall be available 

14 for reimbursement of pay, allowances and other expenses 

15 which would otherwise be incurred against appropriations 

16 for the National Guard and Reserve when members of the 

17 National Guard and Reserve provide intelligence or coun18 terintelligence support to Combatant Commands, Defense 

19 Agencies and Joint Intelligence Activities, including the 

20 activities and programs included within the National Intel21 ligence Program and the Military Intelligence Program: 

22 Provided, That nothing in this section authorizes deviation 

23 from established Reserve and National Guard personnel 

24 and training procedures. 
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1 SEC. 8045. (a) None of the funds available to the 

2 Department of Defense for any fiscal year for drug inter3 diction or counter-drug activities may be transferred to 

4 any other department or agency of the United States ex5 cept as specifically provided in an appropriations law. 

6 (b) None of the funds available to the Central Intel7 ligence Agency for any fiscal year for drug interdiction or 

8 counter-drug activities may be transferred to any other de9 partment or agency of the United States except as specifi10 cally provided in an appropriations law. 

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

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

13 bearings other than those produced by a domestic source 

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

15 the military department responsible for such procurement 

16 may waive this restriction on a case-by-case basis by certi17 fying in writing to the Committees on Appropriations of 

18 the House of Representatives and the Senate, that ade19 quate domestic supplies are not available to meet Depart20 ment of Defense requirements on a timely basis and that 

21 such an acquisition must be made in order to acquire ca22 pability for national security purposes: Provided further, 

23 That this restriction shall not apply to the purchase of 

24 ‘‘commercial items’’, as defined by section 103 of title 41, 
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1 United States Code, except that the restriction shall apply 

2 to ball or roller bearings purchased as end items. 

3 SEC. 8047. None of the funds made available by this 

4 Act for Evolved Expendable Launch Vehicle service com5 petitive procurements may be used unless the competitive 

6 procurements are open for award to all certified providers 

7 of Evolved Expendable Launch Vehicle-class systems: Pro8 vided, That the award shall be made to the provider that 

9 offers the best value to the government. 

10 SEC. 8048. In addition to the amounts appropriated 

11 or otherwise made available elsewhere in this Act, 

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

13 Defense: Provided, That upon the determination of the 

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

18 SEC. 8049. None of the funds in this Act may be 

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

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

23 capability for national security purposes that is not avail24 able from United States manufacturers. 
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1 SEC. 8050. Notwithstanding any other provision in 

2 this Act, the Small Business Innovation Research program 

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

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

6 extramural budget. 

7 SEC. 8051. None of the funds available to the De8 partment of Defense under this Act shall be obligated or 

9 expended to pay a contractor under a contract with the 

10 Department of Defense for costs of any amount paid by 

11 the contractor to an employee when— 

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

13 excess of the normal salary paid by the contractor 

14 to the employee; and 

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

17 (INCLUDING TRANSFER OF FUNDS)

18 SEC. 8052. During the current fiscal year, no more 

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

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

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

23 be available for the same time period as the appropriations 

24 to which transferred, to be used in support of such per25 sonnel in connection with support and services for eligible 
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1 organizations and activities outside the Department of De2 fense pursuant to section 2012 of title 10, United States 

3 Code. 

4 SEC. 8053. During the current fiscal year, in the case 

5 of an appropriation account of the Department of Defense 

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

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

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

11 to any current appropriation account for the same purpose 

12 as the expired or closed account if— 

13 (1) the obligation would have been properly 

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

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

17 (2) the obligation is not otherwise properly 

18 chargeable to any current appropriation account of 

19 the Department of Defense; and 

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

22 of the Department of Defense under the provisions 

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

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

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

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

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

10 of the total appropriation for that account. 

11 SEC. 8054. (a) Notwithstanding any other provision 

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

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

16 Bureau shall establish the amount of reimbursement for 

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

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

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

21 associated with the use of equipment of the project under 

22 that subsection. Such funds shall be available for such 

23 purposes without fiscal year limitation. 
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1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 8055. Of the funds appropriated in this Act 

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

5 and expansion of the Sexual Assault Special Victims’ 

6 Counsel Program: Provided, That the funds are made 

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

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

9 Force: Provided further, That funds transferred shall be 

10 merged with and available for the same purposes and for 

11 the same time period as the appropriations to which the 

12 funds are transferred: Provided further, That this transfer 

13 authority is in addition to any other transfer authority 

14 provided in this Act. 

15 SEC. 8056. None of the funds appropriated in title 

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

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

20 prototyping, and test activities preceding and leading to 

21 acceptance for operational use: Provided further, That this 

22 restriction does not apply to programs funded within the 

23 National Intelligence Program: Provided further, That the 

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

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

3 so. 

4 SEC. 8057. (a) The Secretary of Defense may, on a 

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

6 each limitation on the procurement of defense items from 

7 foreign sources provided in law if the Secretary determines 

8 that the application of the limitation with respect to that 

9 country would invalidate cooperative programs entered 

10 into between the Department of Defense and the foreign 

11 country, or would invalidate reciprocal trade agreements 

12 for the procurement of defense items entered into under 

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

14 country does not discriminate against the same or similar 

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

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

18 (1) contracts and subcontracts entered into on 

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

20 (2) options for the procurement of items that 

21 are exercised after such date under contracts that 

22 are entered into before such date if the option prices 

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

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

5 Schedule of the United States and products classified 

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

7 6505, 7019, 7218 through 7229, 7304.41 through 

8 7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109, 

9 8211, 8215, and 9404. 

10 SEC. 8058. None of the funds appropriated or other11 wise made available by this or other Department of De12 fense Appropriations Acts may be obligated or expended 

13 for the purpose of performing repairs or maintenance to 

14 military family housing units of the Department of De15 fense, including areas in such military family housing 

16 units that may be used for the purpose of conducting offi17 cial Department of Defense business. 

18 SEC. 8059. Notwithstanding any other provision of 

19 law, funds appropriated in this Act under the heading 

20 ‘‘Research, Development, Test and Evaluation, Defense21 Wide’’ for any new start advanced concept technology 

22 demonstration project or joint capability demonstration 

23 project may only be obligated 45 days after a report, in24 cluding a description of the project, the planned acquisi25 tion and transition strategy and its estimated annual and 
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1 total cost, has been provided in writing to the congres2 sional defense committees: Provided, That the Secretary 

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

4 basis by certifying to the congressional defense committees 

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

6 SEC. 8060. The Secretary of Defense shall continue 

7 to provide a classified quarterly report to the House and 

8 Senate Appropriations Committees, Subcommittees on 

9 Defense on certain matters as directed in the classified 

10 annex accompanying this Act. 

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

12 10, United States Code, a Reserve who is a member of 

13 the National Guard serving on full-time National Guard 

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

15 may perform duties in support of the ground-based ele16 ments of the National Ballistic Missile Defense System. 

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

18 may be used to transfer to any nongovernmental entity 

19 ammunition held by the Department of Defense that has 

20 a center-fire cartridge and a United States military no21 menclature designation of ‘‘armor penetrator’’, ‘‘armor 

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

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

24 entity performing demilitarization services for the Depart25 ment of Defense under a contract that requires the entity 
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1 to demonstrate to the satisfaction of the Department of 

2 Defense that armor piercing projectiles are either: 

3 (1) rendered incapable of reuse by the demili4 tarization process; or 

5 (2) used to manufacture ammunition pursuant 

6 to a contract with the Department of Defense or the 

7 manufacture of ammunition for export pursuant to 

8 a License for Permanent Export of Unclassified 

9 Military Articles issued by the Department of State. 

10 SEC. 8063. Notwithstanding any other provision of 

11 law, the Chief of the National Guard Bureau, or his des12 ignee, may waive payment of all or part of the consider13 ation that otherwise would be required under section 2667 

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

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

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

17 United States Code, or any other youth, social, or fra18 ternal nonprofit organization as may be approved by the 

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

20 a case-by-case basis. 

21 (INCLUDING TRANSFER OF FUNDS)

22 SEC. 8064. Of the amounts appropriated in this Act 

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

24 $75,950,170 shall remain available until expended: Pro25 vided, That, notwithstanding any other provision of law, 
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1 the Secretary of Defense is authorized to transfer such 

2 funds to other activities of the Federal Government: Pro3 vided further, That the Secretary of Defense is authorized 

4 to enter into and carry out contracts for the acquisition 

5 of real property, construction, personal services, and oper6 ations related to projects carrying out the purposes of this 

7 section: Provided further, That contracts entered into 

8 under the authority of this section may provide for such 

9 indemnification as the Secretary determines to be nec10 essary: Provided further, That projects authorized by this 

11 section shall comply with applicable Federal, State, and 

12 local law to the maximum extent consistent with the na13 tional security, as determined by the Secretary of Defense. 

14 SEC. 8065. (a) None of the funds appropriated in this 

15 or any other Act may be used to take any action to mod16 ify— 

17 (1) the appropriations account structure for the 

18 National Intelligence Program budget, including 

19 through the creation of a new appropriation or new 

20 appropriation account; 

21 (2) how the National Intelligence Program 

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

23 R–1, and O–1 documents supporting the Depart24 ment of Defense budget request; 
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1 (3) the process by which the National Intel2 ligence Program appropriations are apportioned to 

3 the executing agencies; or 

4 (4) the process by which the National Intel5 ligence Program appropriations are allotted, obli6 gated and disbursed. 

7 (b) Nothing in section (a) shall be construed to pro8 hibit the merger of programs or changes to the National 

9 Intelligence Program budget at or below the Expenditure 

10 Center level, provided such change is otherwise in accord11 ance with paragraphs (a)(1)–(3). 

12 (c) The Director of National Intelligence and the Sec13 retary of Defense may jointly, only for the purposes of 

14 achieving auditable financial statements and improving 

15 fiscal reporting, study and develop detailed proposals for 

16 alternative financial management processes. Such study 

17 shall include a comprehensive counterintelligence risk as18 sessment to ensure that none of the alternative processes 

19 will adversely affect counterintelligence. 

20 (d) Upon development of the detailed proposals de21 fined under subsection (c), the Director of National Intel22 ligence and the Secretary of Defense shall— 

23 (1) provide the proposed alternatives to all af24 fected agencies; 
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1 (2) receive certification from all affected agen2 cies attesting that the proposed alternatives will help 

3 achieve auditability, improve fiscal reporting, and 

4 will not adversely affect counterintelligence; and 

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

6 necessary certifications under paragraph (2), present 

7 the proposed alternatives and certifications to the 

8 congressional defense and intelligence committees. 

9 (e) This section shall not be construed to alter or af10 fect the application of section 1633 of the National De11 fense Authorization Act for Fiscal Year 2016 to the 

12 amounts made available by this Act. 

13 SEC. 8066. In addition to amounts provided else14 where in this Act, $5,000,000 (increased by $5,000,000) 

15 is hereby appropriated to the Department of Defense, to 

16 remain available for obligation until expended: Provided, 

17 That notwithstanding any other provision of law, that 

18 upon the determination of the Secretary of Defense that 

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

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

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

22 Fisher Houses to meet the needs of military family mem23 bers when confronted with the illness or hospitalization of 

24 an eligible military beneficiary. 
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1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 8067. Of the amounts appropriated in this Act 

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

4 ‘‘Research, Development, Test and Evaluation, Defense5 Wide’’, $600,735,000 (increased by $10,000,000) (in6 creased by $25,000,000) shall be for the Israeli Coopera7 tive Programs: Provided, That of this amount, 

8 $62,000,000 (increased by $10,000,000) shall be for the 

9 Secretary of Defense to provide to the Government of 

10 Israel for the procurement of the Iron Dome defense sys11 tem to counter short-range rocket threats, subject to the 

12 U.S.-Israel Iron Dome Procurement Agreement, as 

13 amended; $266,511,000 shall be for the Short Range Bal14 listic Missile Defense (SRBMD) program, including cruise 

15 missile defense research and development under the 

16 SRBMD program, of which $150,000,000 shall be for co17 production activities of SRBMD missiles in the United 

18 States and in Israel to meet Israel’s defense requirements 

19 consistent with each nation’s laws, regulations, and proce20 dures, of which not more than $90,000,000, subject to 

21 previously established transfer procedures, may be obli22 gated or expended until establishment of a U.S.-Israeli co23 production agreement for SRBMD; $204,893,000 shall be 

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

25 Architecture, of which $120,000,000 shall be for co-pro-
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1 duction activities of Arrow 3 Upper Tier missiles in the 

2 United States and in Israel to meet Israel’s defense re3 quirements consistent with each nation’s laws, regulations, 

4 and procedures, of which not more than $70,000,000, sub5 ject to previously established transfer procedures, may be 

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

7 co-production agreement for Arrow 3 Upper Tier; and 

8 $67,331,000 shall be for the Arrow System Improvement 

9 Program including development of a long range, ground 

10 and airborne, detection suite: Provided further, That the 

11 transfer authority provided under this provision is in addi12 tion to any other transfer authority contained in this Act. 

13 (INCLUDING TRANSFER OF FUNDS)

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

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

16 $160,274,000 shall be available until September 30, 2017, 

17 to fund prior year shipbuilding cost increases: Provided, 

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

19 Navy shall transfer funds to the following appropriations 

20 in the amounts specified: Provided further, That the 

21 amounts transferred shall be merged with and be available 

22 for the same purposes as the appropriations to which 

23 transferred to: 
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1 (1) Under the heading ‘‘Shipbuilding and Con2 version, Navy’’, 2012/2017: LPD–17 Amphibious 

3 Transport Dock Program $45,060,000; 

4 (2) Under the heading ‘‘Shipbuilding and Con5 version, Navy’’, 2011/2017: DDG–51 Destroyer 

6 $15,959,000; 

7 (3) Under the heading ‘‘Shipbuilding and Con8 version, Navy’’, 2012/2017: Littoral Combat Ship 

9 $3,600,000; 

10 (4) Under the heading ‘‘Shipbuilding and Con11 version, Navy’’, 2013/2017: Littoral Combat Ship 

12 $82,400,000; 

13 (5) Under the heading ‘‘Shipbuilding and Con14 version, Navy’’, 2012/2017: Expeditionary Fast 

15 Transport $6,710,000; and 

16 (6) Under the heading ‘‘Shipbuilding and Con17 version, Navy’’, 2013/2017: Expeditionary Fast 

18 Transport $6,545,000. 

19 SEC. 8069. Funds appropriated by this Act, or made 

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

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

24 year 2017 until the enactment of the Intelligence Author25 ization Act for Fiscal Year 2017. 
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1 SEC. 8070. None of the funds provided in this Act 

2 shall be available for obligation or expenditure through a 

3 reprogramming of funds that creates or initiates a new 

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

5 or activity must be undertaken immediately in the interest 

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

8 SEC. 8071. The budget of the President for fiscal 

9 year 2018 submitted to the Congress pursuant to section 

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

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

14 and Maintenance accounts, the Procurement accounts, 

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

19 Reserve components, and for each appropriations account: 

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

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

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

25 component, and estimates of the major weapons systems 
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1 deployed in support of each contingency: Provided further, 

2 That these documents shall include budget exhibits OP– 

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

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

6 years. 

7 SEC. 8072. None of the funds in this Act may be 

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

10 missile defense system. 

11 SEC. 8073. Notwithstanding any other provision of 

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

14 is hereby reduced by $573,400,000. 

15 SEC. 8074. 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. 8075. None of the funds provided in this Act 

25 shall be available for integration of foreign intelligence in-
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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. 8076. (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. 8077. Up to $15,000,000 of the funds appro19 priated under the heading ‘‘Operation and Maintenance, 

20 Navy’’ may be made available for the Asia Pacific Re21 gional Initiative Program for the purpose of enabling the 

22 Pacific Command to execute Theater Security Cooperation 

23 activities such as humanitarian assistance, and payment 

24 of incremental and personnel costs of training and exer25 cising with foreign security forces: Provided, That funds 
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1 made available for this purpose may be used, notwith2 standing any other funding authorities for humanitarian 

3 assistance, security assistance or combined exercise ex4 penses: Provided further, That funds may not be obligated 

5 to provide assistance to any foreign country that is other6 wise prohibited from receiving such type of assistance 

7 under any other provision of law. 

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

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

10 Intelligence shall remain available for obligation beyond 

11 the current fiscal year, except for funds appropriated for 

12 research and technology, which shall remain available until 

13 September 30, 2018. 

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

15 31, United States Code, any subdivision of appropriations 

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

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

18 purpose as any subdivision under the heading ‘‘Ship19 building and Conversion, Navy’’ appropriations in any 

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

21 to the total amount of the appropriation. 

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

23 of enactment of this Act, the Director of National Intel24 ligence shall submit a report to the congressional intel25 ligence committees to establish the baseline for application 
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1 of reprogramming and transfer authorities for fiscal year 

2 2017: Provided, That the report shall include— 

3 (1) a table for each appropriation with a sepa4 rate column to display the President’s budget re5 quest, adjustments made by Congress, adjustments 

6 due to enacted rescissions, if appropriate, and the 

7 fiscal year enacted level; 

8 (2) a delineation in the table for each appro9 priation by Expenditure Center and project; and 

10 (3) an identification of items of special congres11 sional interest. 

12 (b) None of the funds provided for the National Intel13 ligence Program in this Act shall be available for re14 programming or transfer until the report identified in sub15 section (a) is submitted to the congressional intelligence 

16 committees, unless the Director of National Intelligence 

17 certifies in writing to the congressional intelligence com18 mittees that such reprogramming or transfer is necessary 

19 as an emergency requirement. 

20 SEC. 8081. None of the funds made available by this 

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

22 Contracting Command—New Jersey or make dispropor23 tionate personnel reductions at any Army Contracting 

24 Command—New Jersey sites without 30-day prior notifi25 cation to the congressional defense committees. 
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1 SEC. 8082. None of the funds made available by this 

2 Act for excess defense articles, assistance under section 

3 2282 of title 10, United States Code, or peacekeeping op4 erations for the countries designated annually to be in vio5 lation of the standards of the Child Soldiers Prevention 

6 Act of 2008 (Public Law 110–457; 22 U.S.C. 2370c et 

7 seq.) may be used to support any military training or oper8 ation that includes child soldiers, as defined by the Child 

9 Soldiers Prevention Act of 2008, unless such assistance 

10 is otherwise permitted under section 404 of the Child Sol11 diers Prevention Act of 2008. 

12 (INCLUDING TRANSFER OF FUNDS)

13 SEC. 8083. Of the funds appropriated in the Intel14 ligence Community Management Account for the Program 

15 Manager for the Information Sharing Environment, 

16 $17,000,000 is available for transfer by the Director of 

17 National Intelligence to other departments and agencies 

18 for purposes of Government-wide information sharing ac19 tivities: Provided, That funds transferred under this provi20 sion are to be merged with and available for the same pur21 poses and time period as the appropriation to which trans22 ferred: Provided further, That the Office of Management 

23 and Budget must approve any transfers made under this 

24 provision. 
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•HR 5293 EH

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

2 National Intelligence Program in this or any prior appro3 priations Act shall be available for obligation or expendi4 ture through a reprogramming or transfer of funds in ac5 cordance with section 102A(d) of the National Security 

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

7 (1) creates a new start effort; 

8 (2) terminates a program with appropriated 

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

10 (3) transfers funding into or out of the Na11 tional Intelligence Program; or 

12 (4) transfers funding between appropriations, 

13 unless the congressional intelligence committees are 

14 notified 30 days in advance of such reprogramming 

15 of funds; this notification period may be reduced for 

16 urgent national security requirements. 

17 (b) None of the funds provided for the National Intel18 ligence Program in this or any prior appropriations Act 

19 shall be available for obligation or expenditure through a 

20 reprogramming or transfer of funds in accordance with 

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

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

23 decrease of the levels specified in the classified annex ac24 companying the Act unless the congressional intelligence 

25 committees are notified 30 days in advance of such re-
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1 programming of funds; this notification period may be re2 duced for urgent national security requirements. 

3 SEC. 8085. The Director of National Intelligence 

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

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

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

7 Code, a future-years intelligence program (including asso8 ciated annexes) reflecting the estimated expenditures and 

9 proposed appropriations included in that budget. Any such 

10 future-years intelligence program shall cover the fiscal 

11 year with respect to which the budget is submitted and 

12 at least the four succeeding fiscal years. 

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

14 ‘‘congressional intelligence committees’’ means the Perma15 nent Select Committee on Intelligence of the House of 

16 Representatives, the Select Committee on Intelligence of 

17 the Senate, the Subcommittee on Defense of the Com18 mittee on Appropriations of the House of Representatives, 

19 and the Subcommittee on Defense of the Committee on 

20 Appropriations of the Senate. 

21 SEC. 8087. The Department of Defense shall con22 tinue to report incremental contingency operations costs 

23 for Operation Inherent Resolve, Operation Freedom’s Sen24 tinel, and any named successor operations, on a monthly 

25 basis and any other operation designated and identified 
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1 by the Secretary of Defense for the purposes of section 

2 127a of title 10, United States Code, on a semi-annual 

3 basis in the Cost of War Execution Report as prescribed 

4 in the Department of Defense Financial Management 

5 Regulation Department of Defense Instruction 7000.14, 

6 Volume 12, Chapter 23 ‘‘Contingency Operations’’, Annex 

7 1, dated September 2005. 

8 (INCLUDING TRANSFER OF FUNDS)

9 SEC. 8088. During the current fiscal year, not to ex10 ceed $11,000,000 from each of the appropriations made 

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

12 Army’’, ‘‘Operation and Maintenance, Navy’’, and ‘‘Oper13 ation and Maintenance, Air Force’’ may be transferred by 

14 the military department concerned to its central fund es15 tablished for Fisher Houses and Suites pursuant to sec16 tion 2493(d) of title 10, United States Code. 

17 (INCLUDING TRANSFER OF FUNDS)

18 SEC. 8089. Funds appropriated by this Act may be 

19 available for the purpose of making remittances and trans20 fers to the Defense Acquisition Workforce Development 

21 Fund in accordance with section 1705 of title 10, United 

22 States Code. 

23 SEC. 8090. (a) Any agency receiving funds made 

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

25 (c), post on the public Web site of that agency any report 
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1 required to be submitted by the Congress in this or any 

2 other Act, upon the determination by the head of the agen3 cy that it shall serve the national interest. 

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

5 (1) the public posting of the report com6 promises national security; or 

7 (2) the report contains proprietary information. 

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

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

10 the requesting Committee or Committees of Congress for 

11 no less than 45 days. 

12 SEC. 8091. (a) None of the funds appropriated or 

13 otherwise made available by this Act may be expended for 

14 any Federal contract for an amount in excess of 

15 $1,000,000, unless the contractor agrees not to— 

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

17 employees or independent contractors that requires, 

18 as a condition of employment, that the employee or 

19 independent contractor agree to resolve through ar20 bitration any claim under title VII of the Civil 

21 Rights Act of 1964 or any tort related to or arising 

22 out of sexual assault or harassment, including as23 sault and battery, intentional infliction of emotional 

24 distress, false imprisonment, or negligent hiring, su25 pervision, or retention; or 
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1 (2) take any action to enforce any provision of 

2 an existing agreement with an employee or inde3 pendent contractor that mandates that the employee 

4 or independent contractor resolve through arbitra5 tion any claim under title VII of the Civil Rights Act 

6 of 1964 or any tort related to or arising out of sex7 ual assault or harassment, including assault and 

8 battery, intentional infliction of emotional distress, 

9 false imprisonment, or negligent hiring, supervision, 

10 or retention. 

11 (b) None of the funds appropriated or otherwise 

12 made available by this Act may be expended for any Fed13 eral contract unless the contractor certifies that it requires 

14 each covered subcontractor to agree not to enter into, and 

15 not to take any action to enforce any provision of, any 

16 agreement as described in paragraphs (1) and (2) of sub17 section (a), with respect to any employee or independent 

18 contractor performing work related to such subcontract. 

19 For purposes of this subsection, a ‘‘covered subcon20 tractor’’ is an entity that has a subcontract in excess of 

21 $1,000,000 on a contract subject to subsection (a). 

22 (c) The prohibitions in this section do not apply with 

23 respect to a contractor’s or subcontractor’s agreements 

24 with employees or independent contractors that may not 

25 be enforced in a court of the United States. 
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1 (d) The Secretary of Defense may waive the applica2 tion of subsection (a) or (b) to a particular contractor or 

3 subcontractor for the purposes of a particular contract or 

4 subcontract if the Secretary or the Deputy Secretary per5 sonally determines that the waiver is necessary to avoid 

6 harm to national security interests of the United States, 

7 and that the term of the contract or subcontract is not 

8 longer than necessary to avoid such harm. The determina9 tion shall set forth with specificity the grounds for the 

10 waiver and for the contract or subcontract term selected, 

11 and shall state any alternatives considered in lieu of a 

12 waiver and the reasons each such alternative would not 

13 avoid harm to national security interests of the United 

14 States. The Secretary of Defense shall transmit to Con15 gress, and simultaneously make public, any determination 

16 under this subsection not less than 15 business days be17 fore the contract or subcontract addressed in the deter18 mination may be awarded. 

19 (INCLUDING TRANSFER OF FUNDS)

20 SEC. 8092. From within the funds appropriated for 

21 operation and maintenance for the Defense Health Pro22 gram in this Act, up to $122,375,000, shall be available 

23 for transfer to the Joint Department of Defense-Depart24 ment of Veterans Affairs Medical Facility Demonstration 

25 Fund in accordance with the provisions of section 1704 
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1 of the National Defense Authorization Act for Fiscal Year 

2 2010, Public Law 111–84: Provided, That for purposes 

3 of section 1704(b), the facility operations funded are oper4 ations of the integrated Captain James A. Lovell Federal 

5 Health Care Center, consisting of the North Chicago Vet6 erans Affairs Medical Center, the Navy Ambulatory Care 

7 Center, and supporting facilities designated as a combined 

8 Federal medical facility as described by section 706 of 

9 Public Law 110–417: Provided further, That additional 

10 funds may be transferred from funds appropriated for op11 eration and maintenance for the Defense Health Program 

12 to the Joint Department of Defense-Department of Vet13 erans Affairs Medical Facility Demonstration Fund upon 

14 written notification by the Secretary of Defense to the 

15 Committees on Appropriations of the House of Represent16 atives and the Senate. 

17 SEC. 8093. Appropriations available to the Depart18 ment of Defense may be used for the purchase of heavy 

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

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

23 vehicles. 

24 SEC. 8094. None of the funds appropriated or other25 wise made available by this Act may be used by the De-
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1 partment of Defense or a component thereof in contraven2 tion of the provisions of section 130h of title 10, United 

3 States Code. 

4 (INCLUDING TRANSFER OF FUNDS)

5 SEC. 8095. Upon a determination by the Director of 

6 National Intelligence that such action is necessary and in 

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

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

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

10 Act for the National Intelligence Program: Provided, That 

11 such authority to transfer may not be used unless for 

12 higher priority items, based on unforeseen intelligence re13 quirements, than those for which originally appropriated 

14 and in no case where the item for which funds are re15 quested has been denied by the Congress: Provided further, 

16 That a request for multiple reprogrammings of funds 

17 using authority provided in this section shall be made 

18 prior to June 30, 2017. 

19 SEC. 8096. None of the funds appropriated or other20 wise made available in this or any other Act may be used 

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

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

23 Khalid Sheikh Mohammed or any other detainee who— 

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

25 of the Armed Forces of the United States; and 
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1 (2) is or was held on or after June 24, 2009, 

2 at United States Naval Station, Guantanamo Bay, 

3 Cuba, by the Department of Defense. 

4 SEC. 8097. (a) None of the funds appropriated or 

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

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

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

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

9 detention or imprisonment in the custody or under the ef10 fective control of the Department of Defense. 

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

12 to any modification of facilities at United States Naval 

13 Station, Guantanamo Bay, Cuba. 

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

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

16 States Naval Station, Guantanamo Bay, Cuba, and who— 

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

18 member of the Armed Forces of the United States; 

19 and 

20 (2) is— 

21 (A) in the custody or under the effective 

22 control of the Department of Defense; or 

23 (B) otherwise under detention at United 

24 States Naval Station, Guantanamo Bay, Cuba. 
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1 SEC. 8098. None of the funds appropriated or other2 wise made available in this Act may be used to transfer 

3 any individual detained at United States Naval Station 

4 Guantanamo Bay, Cuba, to the custody or control of the 

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

6 or any other foreign entity except in accordance with sec7 tion 1034 of the National Defense Authorization Act for 

8 Fiscal Year 2016 (Public Law 114–92) and section 1034 

9 of the National Defense Authorization Act for Fiscal Year 

10 2017. 

11 SEC. 8099. None of the funds made available by this 

12 Act may be used in contravention of the War Powers Res13 olution (50 U.S.C. 1541 et seq.). 

14 SEC. 8100. None of the funds made available by this 

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

16 other Federal agency to lease or purchase new light duty 

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

18 inventory, except in accordance with Presidential Memo19 randum-Federal Fleet Performance, dated May 24, 2011. 

20 SEC. 8101. (a) None of the funds appropriated or 

21 otherwise made available by this or any other Act may 

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

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

24 contract, memorandum of understanding, or cooperative 

25 agreement with, or make a grant to, or provide a loan 
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1 or loan guarantee to Rosoboronexport or any subsidiary 

2 of Rosoboronexport. 

3 (b) The Secretary of Defense may waive the limita4 tion in subsection (a) if the Secretary, in consultation with 

5 the Secretary of State and the Director of National Intel6 ligence, determines that it is in the vital national security 

7 interest of the United States to do so, and certifies in writ8 ing to the congressional defense committees that, to the 

9 best of the Secretary’s knowledge: 

10 (1) Rosoboronexport has ceased the transfer of 

11 lethal military equipment to, and the maintenance of 

12 existing lethal military equipment for, the Govern13 ment of the Syrian Arab Republic; 

14 (2) The armed forces of the Russian Federation 

15 have withdrawn from Crimea, other than armed 

16 forces present on military bases subject to agree17 ments in force between the Government of the Rus18 sian Federation and the Government of Ukraine; 

19 and 

20 (3) Agents of the Russian Federation have 

21 ceased taking active measures to destabilize the con22 trol of the Government of Ukraine over eastern 

23 Ukraine. 

24 (c) The Inspector General of the Department of De25 fense shall conduct a review of any action involving 
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1 Rosoboronexport with respect to a waiver issued by the 

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

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

4 is issued by the Secretary of Defense, the Inspector Gen5 eral shall submit to the congressional defense committees 

6 a report containing the results of the review conducted 

7 with respect to such waiver. 

8 SEC. 8102. None of the funds made available in this 

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

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

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

12 States Code. 

13 SEC. 8103. (a) Of the funds appropriated in this Act 

14 for the Department of Defense, amounts may be made 

15 available, under such regulations as the Secretary of De16 fense may prescribe, to local military commanders ap17 pointed by the Secretary, or by an officer or employee des18 ignated by the Secretary, to provide at their discretion ex 

19 gratia payments in amounts consistent with subsection (d) 

20 of this section for damage, personal injury, or death that 

21 is incident to combat operations of the Armed Forces in 

22 a foreign country. 

23 (b) An ex gratia payment under this section may be 

24 provided only if— 
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1 (1) the prospective foreign civilian recipient is 

2 determined by the local military commander to be 

3 friendly to the United States; 

4 (2) a claim for damages would not be compen5 sable under chapter 163 of title 10, United States 

6 Code (commonly known as the ‘‘Foreign Claims 

7 Act’’); and 

8 (3) the property damage, personal injury, or 

9 death was not caused by action by an enemy. 

10 (c) NATURE OF PAYMENTS.—Any payments provided 

11 under a program under subsection (a) shall not be consid12 ered an admission or acknowledgement of any legal obliga13 tion to compensate for any damage, personal injury, or 

14 death. 

15 (d) AMOUNT OF PAYMENTS.—If the Secretary of De16 fense determines a program under subsection (a) to be ap17 propriate in a particular setting, the amounts of pay18 ments, if any, to be provided to civilians determined to 

19 have suffered harm incident to combat operations of the 

20 Armed Forces under the program should be determined 

21 pursuant to regulations prescribed by the Secretary and 

22 based on an assessment, which should include such factors 

23 as cultural appropriateness and prevailing economic condi24 tions. 
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1 (e) LEGAL ADVICE.—Local military commanders 

2 shall receive legal advice before making ex gratia pay3 ments under this subsection. The legal advisor, under reg4 ulations of the Department of Defense, shall advise on 

5 whether an ex gratia payment is proper under this section 

6 and applicable Department of Defense regulations. 

7 (f) WRITTEN RECORD.—A written record of any ex 

8 gratia payment offered or denied shall be kept by the local 

9 commander and on a timely basis submitted to the appro10 priate office in the Department of Defense as determined 

11 by the Secretary of Defense. 

12 (g) REPORT.—The Secretary of Defense shall report 

13 to the congressional defense committees on an annual 

14 basis the efficacy of the ex gratia payment program in15 cluding the number of types of cases considered, amounts 

16 offered, the response from ex gratia payment recipients, 

17 and any recommended modifications to the program. 

18 SEC. 8104. None of the funds available in this Act 

19 to the Department of Defense, other than appropriations 

20 made for necessary or routine refurbishments, upgrades 

21 or maintenance activities, shall be used to reduce or to 

22 prepare to reduce the number of deployed and non-de23 ployed strategic delivery vehicles and launchers below the 

24 levels set forth in the report submitted to Congress in ac-
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1 cordance with section 1042 of the National Defense Au2 thorization Act for Fiscal Year 2012. 

3 SEC. 8105. The Secretary of Defense shall post grant 

4 awards on a public Web site in a searchable format. 

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

6 Act may be used to fund the performance of a flight dem7 onstration team at a location outside of the United States: 

8 Provided, That this prohibition applies only if a perform9 ance of a flight demonstration team at a location within 

10 the United States was canceled during the current fiscal 

11 year due to insufficient funding. 

12 SEC. 8107. None of the funds made available by this 

13 Act may be used by the National Security Agency to— 

14 (1) conduct an acquisition pursuant to section 

15 702 of the Foreign Intelligence Surveillance Act of 

16 1978 for the purpose of targeting a United States 

17 person; or 

18 (2) acquire, monitor, or store the contents (as 

19 such term is defined in section 2510(8) of title 18, 

20 United States Code) of any electronic communica21 tion of a United States person from a provider of 

22 electronic communication services to the public pur23 suant to section 501 of the Foreign Intelligence Sur24 veillance Act of 1978. 
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1 SEC. 8108. None of the funds made available by this 

2 Act may be obligated or expended to implement the Arms 

3 Trade Treaty until the Senate approves a resolution of 

4 ratification for the Treaty. 

5 SEC. 8109. None of the funds made available in this 

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

7 officer or employee of any agency funded by this Act who 

8 approves or implements the transfer of administrative re9 sponsibilities or budgetary resources of any program, 

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

11 of another Federal agency not financed by this Act with12 out the express authorization of Congress: Provided, That 

13 this limitation shall not apply to transfers of funds ex14 pressly provided for in Defense Appropriations Acts, or 

15 provisions of Acts providing supplemental appropriations 

16 for the Department of Defense. 

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

18 Act may be obligated for activities authorized under sec19 tion 1208 of the Ronald W. Reagan National Defense Au20 thorization Act for Fiscal Year 2005 (Public Law 112– 

21 81; 125 Stat. 1621) to initiate support for, or expand sup22 port to, foreign forces, irregular forces, groups, or individ23 uals unless the congressional defense committees are noti24 fied in accordance with the direction contained in the clas25 sified annex accompanying this Act, not less than 15 days 
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1 before initiating such support: Provided, That none of the 

2 funds made available in this Act may be used under sec3 tion 1208 for any activity that is not in support of an 

4 ongoing military operation being conducted by United 

5 States Special Operations Forces to combat terrorism: 

6 Provided further, That the Secretary of Defense may waive 

7 the prohibitions in this section if the Secretary determines 

8 that such waiver is required by extraordinary cir9 cumstances and, by not later than 72 hours after making 

10 such waiver, notifies the congressional defense committees 

11 of such waiver. 

12 SEC. 8111. None of the funds made available by this 

13 Act may be used with respect to Iraq in contravention of 

14 the War Powers Resolution (50 U.S.C. 1541 et seq.), in15 cluding for the introduction of United States armed forces 

16 into hostilities in Iraq, into situations in Iraq where immi17 nent involvement in hostilities is clearly indicated by the 

18 circumstances, or into Iraqi territory, airspace, or waters 

19 while equipped for combat, in contravention of the con20 gressional consultation and reporting requirements of sec21 tions 3 and 4 of such Resolution (50 U.S.C. 1542 and 

22 1543). 

23 SEC. 8112. None of the funds made available by this 

24 Act may be used to divest, retire, transfer, or place in stor25 age or on backup aircraft inventory status, or prepare to 
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1 divest, retire, transfer, or place in storage or on backup 

2 aircraft inventory status, any A–10 aircraft, or to dises3 tablish any units of the active or reserve component associ4 ated with such aircraft. 

5 SEC. 8113. Of the funds provided for ‘‘Research, De6 velopment, Test and Evaluation, Defense-Wide’’ in this 

7 Act, not less than $2,800,000 shall be used to support 

8 the Department’s activities related to the implementation 

9 of the Digital Accountability and Transparency Act (Pub10 lic Law 113–101; 31 U.S.C. 6101 note) and to support 

11 the implementation of a uniform procurement instrument 

12 identifier as described in subpart 4.16 of Title 48, Code 

13 of Federal Regulations, to include changes in business 

14 processes, workforce, or information technology. 

15 SEC. 8114. None of the funds provided in this Act 

16 for the T–AO(X) program shall be used to award a new 

17 contract that provides for the acquisition of the following 

18 components unless those components are manufactured in 

19 the United States: Auxiliary equipment (including pumps) 

20 for shipboard services; propulsion equipment (including 

21 engines, reduction gears, and propellers); shipboard 

22 cranes; and spreaders for shipboard cranes. 

23 SEC. 8115. The amount appropriated in title II for 

24 ‘‘Operation and Maintenance, Army’’ is hereby reduced by 
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1 $336,000,000 to reflect excess cash balances in Depart2 ment of Defense Working Capital Funds. 

3 SEC. 8116. Notwithstanding any other provision of 

4 this Act, to reflect savings due to lower than anticipated 

5 fuel costs, the total amount appropriated in title II of this 

6 Act is hereby reduced by $1,493,000,000. 

7 SEC. 8117. None of the funds made available by this 

8 Act may be used to divest or retire, or to prepare to divest 

9 or retire, KC–10 aircraft. 

10 SEC. 8118. None of the funds made available by this 

11 Act may be used to divest, retire, transfer, or place in stor12 age or on backup aircraft inventory status, or prepare to 

13 divest, retire, transfer, or place in storage or on backup 

14 aircraft inventory status, any EC–130H aircraft. 

15 SEC. 8119. None of the funds made available by this 

16 Act may be used for Government Travel Charge Card ex17 penses by military or civilian personnel of the Department 

18 of Defense for gaming, or for entertainment that includes 

19 topless or nude entertainers or participants, as prohibited 

20 by Department of Defense FMR, Volume 9, Chapter 3 

21 and Department of Defense Instruction 1015.10 (enclo22 sure 3, 14a and 14b). 

23 SEC. 8120. None of the funds made available by this 

24 Act may be used to propose, plan for, or execute a new 
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1 or additional Base Realignment and Closure (BRAC) 

2 round. 

3 SEC. 8121. Funds appropriated in title III of this Act 

4 may be used for a multiyear procurement contract as fol5 lows: AH–64E Apache Helicopter and UH–60M 

6 Blackhawk Helicopter. 

7 SEC. 8122. Of the amounts appropriated in this Act 

8 for ‘‘Operation and Maintenance, Navy’’, $274,524,000, 

9 to remain available until expended, may be used for any 

10 purposes related to the National Defense Reserve Fleet 

11 established under section 11 of the Merchant Ship Sales 

12 Act of 1946 (50 U.S.C. 4405): Provided, That such 

13 amounts are available for reimbursements to the Ready 

14 Reserve Force, Maritime Administration account of the 

15 United States Department of Transportation for pro16 grams, projects, activities, and expenses related to the Na17 tional Defense Reserve Fleet. 

18 (INCLUDING TRANSFER OF FUNDS)

19 SEC. 8123. Of the funds previously appropriated for 

20 the ‘‘Ship Modernization, Operations and Sustainment 

21 Fund’’, the Secretary of the Navy may transfer such funds 

22 to appropriations for research, development, test and eval23 uation; and procurement, only for the purposes of sus24 taining, equipping, and modernizing the Ticonderoga-class 

25 guided missile cruisers CG–63, CG–64, CG–65, CG–66, 
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1 CG–67, CG–68, CG–69, CG–70, CG–71, CG–72, CG–73, 

2 and the Whidbey Island-class dock landing ships LSD– 

3 41, LSD–42, and LSD–46: Provided, That funds trans4 ferred shall be merged with and be available for the same 

5 purposes and for the same time period as the appropria6 tion to which they are transferred: Provided further, That 

7 the transfer authority provided herein shall be in addition 

8 to any other transfer authority provided in the Act: Pro9 vided further, That the Secretary of the Navy shall, not 

10 less than 30 days prior to making any transfer from the 

11 ‘‘Ship Modernization, Operations and Sustainment 

12 Fund’’, notify the congressional defense committees in 

13 writing of the details of such transfer: Provided further, 

14 That the Secretary of the Navy shall transfer and obligate 

15 funds from the ‘‘Ship Modernization, Operations and 

16 Sustainment Fund’’ for modernization of not more than 

17 two Ticonderoga-class guided missile cruisers: Provided 

18 further, That no more than six Ticonderoga-class guided 

19 missile cruisers shall be in a phased modernization at any 

20 time: Provided further, That the Secretary of the Navy 

21 shall contract for the required modernization equipment 

22 in the year prior to inducting a Ticonderoga-class cruiser 

23 for modernization: Provided further, That the prohibition 

24 in section 2244a(a) of title 10, United States Code, shall 
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1 not apply to the use of any funds transferred pursuant 

2 to this section. 

3 SEC. 8124. The Secretary of Defense may use up to 

4 $95,000,000 appropriated in titles II and IV of this Act 

5 to develop, replace, and sustain Federal Government secu6 rity and suitability background investigation information 

7 technology systems of the Office of Personnel Manage8 ment: Provided, That such funds shall supplement, not 

9 supplant any other amounts made available to other Fed10 eral agencies for such purposes. 

11 SEC. 8125. None of the funds made available by this 

12 Act for the Joint Surveillance Target Attack Radar Sys13 tem recapitalization program may be obligated or ex14 pended for pre-milestone B activities after December 31, 

15 2017. 

16 SEC. 8126. Of the amounts made available by this 

17 Act for ‘‘Defense Working Capital Funds’’ that are pro18 vided for the Defense Working Capital Fund, Defense 

19 Commissary Agency (DeCA), not less than $48,000,000 

20 shall be used to support the transportation of fresh fruits 

21 and vegetables to commissaries in Asia and the Pacific. 

22 SEC. 8127. None of the funds provided in this Act 

23 shall be used for the acceptance of fresh fruits and vegeta24 bles at any commissary in Asia and the Pacific unless such 

25 fresh fruits and vegetables were grown within the country 
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1 in which the commissary was located or were accepted for 

2 use by the Defense Commissary Agency at a location in 

3 the continental United States. 

4 SEC. 8128. None of the funds made available in this 

5 Act or any other Act making appropriations for the De6 partment of Defense may be used to close, in part or in 

7 whole, or transfer, in part or in whole, from the jurisdic8 tion of the Department of Defense of the United States, 

9 Naval Station Guantanamo Bay. 

10 (INCLUDING TRANSFER OF FUNDS)

11 SEC. 8129. In addition to amounts provided else12 where in this Act for military personnel pay, including ac13 tive duty, reserve and National Guard personnel, 

14 $340,000,000 is hereby appropriated to the Department 

15 of Defense and made available for transfer only to military 

16 personnel accounts: Provided, That the transfer authority 

17 provided under this heading is in addition to any other 

18 transfer authority provided elsewhere in this Act. 

19 SEC. 8130. None of the funds made available by this 

20 Act may be used to enforce section 526 of the Energy 

21 Independence and Security Act of 2007 (Public Law 110– 

22 140; 42 U.S.C. 17142). 

23 (INCLUDING TRANSFER OF FUNDS)

24 SEC. 8131. Additional readiness funds made available 

25 in title II of this Act for ‘‘Operation and Maintenance, 
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1 Army’’, ‘‘Operation and Maintenance, Navy’’, ‘‘Operation 

2 and Maintenance, Marine Corps’’, and ‘‘Operation and 

3 Maintenance, Air Force’’ may be transferred to and 

4 merged with any appropriation of the Department of De5 fense for activities related to the Zika virus in order to 

6 provide health support for the full range of military oper7 ations and sustain the health of the members of the Armed 

8 Forces, civilian employees of the Department of Defense, 

9 and their families, to include: research and development, 

10 disease surveillance, vaccine development, rapid detection, 

11 vector controls and surveillance, training, and outbreak re12 sponse: Provided, That the authority provided in this sec13 tion is subject to the same terms and conditions as the 

14 authority provided in section 8005 of this Act. 

15 SEC. 8132. (a) The Secretary of Defense may provide 

16 from funds appropriated in title II of this Act up to 

17 $5,000,000 for financial support for military service me18 morials and museums in the acquisition, installation, and 

19 maintenance of exhibits, facilities, and programs that 

20 highlight the role of women in the military. 

21 (b)(1) Subject to paragraph (2), the Secretary may 

22 carry out subsection (a) by entering into contracts with 

23 nonprofit organizations under which such an organization 

24 shall carry out the activities described in such subsection. 
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1 (2) The Secretary may not enter into a contract 

2 under paragraph (1) until the congressional defense com3 mittees have received a report from the Secretary that de4 scribes how the use of such a contract will help educate 

5 and inform the public on the history and mission of the 

6 military, or support training and leadership development 

7 of military personnel, and is in the best interests of the 

8 Department of Defense. 

9 SEC. 8133. (a) None of the funds made available in 

10 this Act may be used to maintain or establish a computer 

11 network unless such network blocks the viewing, 

12 downloading, and exchanging of pornography. 

13 (b) Nothing in subsection (a) shall limit the use of 

14 funds necessary for any Federal, State, tribal, or local law 

15 enforcement agency or any other entity carrying out crimi16 nal investigations, prosecution, or adjudication activities, 

17 or for any activity necessary for the national defense, in18 cluding intelligence activities. 

19 SEC. 8134. None of the funds made available by this 

20 Act may be used to carry out the changes to the Joint 

21 Travel Regulations of the Department of Defense de22 scribed in the memorandum of the Per Diem Travel and 

23 Transportation Allowance Committee titled ‘‘UTD/CTD 

24 for MAP 118–13/CAP 118–13—Flat Rate Per Diem for 

25 Long Term TDY’’ and dated October 1, 2014. 
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1 TITLE IX 

2 OVERSEAS CONTINGENCY OPERATIONS/GLOBAL 

3 WAR ON TERRORISM 

4 MILITARY PERSONNEL 

5 MILITARY PERSONNEL, ARMY

6 For an additional amount for ‘‘Military Personnel, 

7 Army’’, $2,426,130,000: Provided, That such amount is 

8 designated by the Congress for Overseas Contingency Op9 erations/Global War on Terrorism pursuant to section 

10 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

11 Deficit Control Act of 1985: Provided further, That of the 

12 amount provided under this heading, $1,154,828,000 shall 

13 be made available to support base budget requirements as 

14 detailed in the appropriate account table included under 

15 the heading ‘‘Title IX – Overseas Contingency Operations/ 

16 Global War on Terrorism’’ in the report accompanying 

17 this Act. 

18 MILITARY PERSONNEL, NAVY

19 For an additional amount for ‘‘Military Personnel, 

20 Navy’’, $257,501,000: 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: Provided further, That of the 

25 amount provided under this heading, $63,500,000 shall be 
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1 made available to support base budget requirements as de2 tailed in the appropriate account table included under the 

3 heading ‘‘Title IX – Overseas Contingency Operations/ 

4 Global War on Terrorism’’ in the report accompanying 

5 this Act. 

6 MILITARY PERSONNEL, MARINE CORPS

7 For an additional amount for ‘‘Military Personnel, 

8 Marine Corps’’, $453,542,000: 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: Provided further, 

13 That of the amount provided under this heading, 

14 $349,000,000 shall be made available to support base 

15 budget requirements as detailed in the appropriate ac16 count table included under the heading ‘‘Title IX – Over17 seas Contingency Operations/Global War on Terrorism’’ in 

18 the report accompanying this Act. 

19 MILITARY PERSONNEL, AIR FORCE

20 For an additional amount for ‘‘Military Personnel, 

21 Air Force’’, $591,792,000: Provided, That such amount 

22 is designated by the Congress for Overseas Contingency 

23 Operations/Global War on Terrorism pursuant to section 

24 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

25 Deficit Control Act of 1985: Provided further, That of the 
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1 amount provided under this heading, $145,000,000 shall 

2 be made available to support base budget requirements as 

3 detailed in the appropriate account table included under 

4 the heading ‘‘Title IX – Overseas Contingency Operations/ 

5 Global War on Terrorism’’ in the report accompanying 

6 this Act. 

7 RESERVE PERSONNEL, ARMY

8 For an additional amount for ‘‘Reserve Personnel, 

9 Army’’, $203,174,000: Provided, That such amount is 

10 designated by the Congress for Overseas Contingency Op11 erations/Global War on Terrorism pursuant to section 

12 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

13 Deficit Control Act of 1985: Provided further, That of the 

14 amount provided under this heading, $172,362,000 shall 

15 be made available to support base budget requirements as 

16 detailed in the appropriate account table included under 

17 the heading ‘‘Title IX – Overseas Contingency Operations/ 

18 Global War on Terrorism’’ in the report accompanying 

19 this Act. 

20 RESERVE PERSONNEL, NAVY

21 For an additional amount for ‘‘Reserve Personnel, 

22 Navy’’, $7,905,000: Provided, That such amount is des23 ignated by the Congress for Overseas Contingency Oper24 ations/Global War on Terrorism pursuant to section 
123 

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1 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

2 Deficit Control Act of 1985. 

3 RESERVE PERSONNEL, MARINE CORPS

4 For an additional amount for ‘‘Reserve Personnel, 

5 Marine Corps’’, $3,087,000: Provided, That such amount 

6 is designated by the Congress for Overseas Contingency 

7 Operations/Global War on Terrorism pursuant to section 

8 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

9 Deficit Control Act of 1985. 

10 RESERVE PERSONNEL, AIR FORCE

11 For an additional amount for ‘‘Reserve Personnel, 

12 Air Force’’, $15,979,000: Provided, That such amount is 

13 designated by the Congress for Overseas Contingency Op14 erations/Global War on Terrorism pursuant to section 

15 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

16 Deficit Control Act of 1985. 

17 NATIONAL GUARD PERSONNEL, ARMY

18 For an additional amount for ‘‘National Guard Per19 sonnel, Army’’, $436,968,000: Provided, That such 

20 amount is designated by the Congress for Overseas Con21 tingency Operations/Global War on Terrorism pursuant to 

22 section 251(b)(2)(A)(ii) of the Balanced Budget and 

23 Emergency Deficit Control Act of 1985: Provided further, 

24 That of the amount provided under this heading, 

25 $316,454,000 shall be made available to support base 
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1 budget requirements as detailed in the appropriate ac2 count table included under the heading ‘‘Title IX – Over3 seas Contingency Operations/Global War on Terrorism’’ in 

4 the report accompanying this Act. 

5 NATIONAL GUARD PERSONNEL, AIR FORCE

6 For an additional amount for ‘‘National Guard Per7 sonnel, Air Force’’, $4,125,000: Provided, That such 

8 amount is designated by the Congress for Overseas Con9 tingency Operations/Global War on Terrorism pursuant to 

10 section 251(b)(2)(A)(ii) of the Balanced Budget and 

11 Emergency Deficit Control Act of 1985. 

12 OPERATION AND MAINTENANCE 

13 OPERATION AND MAINTENANCE, ARMY

14 For an additional amount for ‘‘Operation and Main15 tenance, Army’’, $12,582,680,000: Provided, That such 

16 amount is designated by the Congress for Overseas Con17 tingency Operations/Global War on Terrorism pursuant to 

18 section 251(b)(2)(A)(ii) of the Balanced Budget and 

19 Emergency Deficit Control Act of 1985: Provided further, 

20 That of the amount provided under this heading, 

21 $2,186,672,000 shall be made available to support base 

22 budget requirements as detailed in the appropriate ac23 count table included under the heading ‘‘Title IX – Over24 seas Contingency Operations/Global War on Terrorism’’ in 

25 the report accompanying this Act. 
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1 OPERATION AND MAINTENANCE, NAVY

2 (INCLUDING TRANSFER OF FUNDS)

3 For an additional amount for ‘‘Operation and Main4 tenance, Navy’’, $5,029,252,000, of which up to 

5 $162,692,000 may be transferred to the Coast Guard 

6 ‘‘Operating Expenses’’ account: 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: Provided further, 

11 That of the amount provided under this heading, 

12 $1,082,170,000 shall be made available to support base 

13 budget requirements as detailed in the appropriate ac14 count table included under the heading ‘‘Title IX – Over15 seas Contingency Operations/Global War on Terrorism’’ in 

16 the report accompanying this Act. 

17 OPERATION AND MAINTENANCE, MARINE CORPS

18 For an additional amount for ‘‘Operation and Main19 tenance, Marine Corps’’, $916,496,000: 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: Provided fur24 ther, That of the amount provided under this heading, 

25 $166,900,000 shall be made available to support base 
126 

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1 budget requirements as detailed in the appropriate ac2 count table included under the heading ‘‘Title IX – Over3 seas Contingency Operations/Global War on Terrorism’’ in 

4 the report accompanying this Act. 

5 OPERATION AND MAINTENANCE, AIR FORCE

6 For an additional amount for ‘‘Operation and Main7 tenance, Air Force’’, $6,870,406,000: Provided, That such 

8 amount is designated by the Congress for Overseas Con9 tingency Operations/Global War on Terrorism pursuant to 

10 section 251(b)(2)(A)(ii) of the Balanced Budget and 

11 Emergency Deficit Control Act of 1985: Provided further, 

12 That of the amount provided under this heading, 

13 $960,626,000 shall be made available to support base 

14 budget requirements as detailed in the appropriate ac15 count table included under the heading ‘‘Title IX – Over16 seas Contingency Operations/Global War on Terrorism’’ in 

17 the report accompanying this Act. 

18 OPERATION AND MAINTENANCE, DEFENSE-WIDE

19 For an additional amount for ‘‘Operation and Main20 tenance, Defense-Wide’’, $3,895,434,000: Provided, That 

21 of the funds provided under this heading, not to exceed 

22 $1,100,000,000, to remain available until September 30, 

23 2018, shall be for payments to reimburse key cooperating 

24 nations for logistical, military, and other support, includ25 ing access, provided to United States military and stability 
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1 operations in Afghanistan and to counter the Islamic 

2 State of Iraq and the Levant: Provided further, That such 

3 reimbursement payments may be made in such amounts 

4 as the Secretary of Defense, with the concurrence of the 

5 Secretary of State, and in consultation with the Director 

6 of the Office of Management and Budget, may determine, 

7 based on documentation determined by the Secretary of 

8 Defense to adequately account for the support provided, 

9 and such determination is final and conclusive upon the 

10 accounting officers of the United States, and 15 days fol11 lowing notification to the appropriate congressional com12 mittees: Provided further, That these funds may be used 

13 for the purpose of providing specialized training and pro14 curing supplies and specialized equipment and providing 

15 such supplies and loaning such equipment on a non-reim16 bursable basis to coalition forces supporting United States 

17 military and stability operations in Afghanistan and to 

18 counter the Islamic State of Iraq and the Levant, and 15 

19 days following notification to the appropriate congres20 sional committees: Provided further, That these funds may 

21 be used to support the Government of Jordan, in such 

22 amounts as the Secretary of Defense may determine, to 

23 enhance the ability of the armed forces of Jordan to in24 crease or sustain security along its borders, upon 15 days 

25 prior written notification to the congressional defense 
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1 committees outlining the amounts intended to be provided 

2 and the nature of the expenses incurred: Provided further, 

3 That of the funds provided under this heading, up to 

4 $30,000,000 shall be for Operation Observant Compass: 

5 Provided further, That the Secretary of Defense shall pro6 vide quarterly reports to the congressional defense com7 mittees on the use of funds provided in this paragraph: 

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: Provided further, That of the amount provided 

13 under this heading, $351,000,000 shall be made available 

14 to support base budget requirements as detailed in the ap15 propriate account table included under the heading ‘‘Title 

16 IX – Overseas Contingency Operations/Global War on 

17 Terrorism’’ in the report accompanying this Act. 

18 OPERATION AND MAINTENANCE, ARMY RESERVE

19 For an additional amount for ‘‘Operation and Main20 tenance, Army Reserve’’, $272,047,000: Provided, That 

21 such amount is designated by the Congress for Overseas 

22 Contingency Operations/Global War on Terrorism pursu23 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

24 and Emergency Deficit Control Act of 1985: Provided fur25 ther, That of the amount provided under this heading, 
129 

•HR 5293 EH

1 $186,381,000 shall be made available to support base 

2 budget requirements as detailed in the appropriate ac3 count table included under the heading ‘‘Title IX – Over4 seas Contingency Operations/Global War on Terrorism’’ in 

5 the report accompanying this Act. 

6 OPERATION AND MAINTENANCE, NAVY RESERVE

7 For an additional amount for ‘‘Operation and Main8 tenance, Navy Reserve’’, $138,019,000: Provided, That 

9 such amount is designated by the Congress for Overseas 

10 Contingency Operations/Global War on Terrorism pursu11 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

12 and Emergency Deficit Control Act of 1985: Provided fur13 ther, That of the amount provided under this heading, 

14 $112,350,000 shall be made available to support base 

15 budget requirements as detailed in the appropriate ac16 count table included under the heading ‘‘Title IX – Over17 seas Contingency Operations/Global War on Terrorism’’ in 

18 the report accompanying this Act. 

19 OPERATION AND MAINTENANCE, MARINE CORPS

20 RESERVE

21 For an additional amount for ‘‘Operation and Main22 tenance, Marine Corps Reserve’’, $29,628,000: Provided, 

23 That such amount is designated by the Congress for Over24 seas Contingency Operations/Global War on Terrorism 

25 pursuant to section 251(b)(2)(A)(ii) of the Balanced 
130 

•HR 5293 EH

1 Budget and Emergency Deficit Control Act of 1985: Pro2 vided further, That of the amount provided under this 

3 heading, $24,550,000 shall be made available to support 

4 base budget requirements as detailed in the appropriate 

5 account table included under the heading ‘‘Title IX – 

6 Overseas Contingency Operations/Global War on Ter7 rorism’’ in the report accompanying this Act. 

8 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

9 For an additional amount for ‘‘Operation and Main10 tenance, Air Force Reserve’’, $72,723,000: Provided, That 

11 such amount is designated by the Congress for Overseas 

12 Contingency Operations/Global War on Terrorism pursu13 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

14 and Emergency Deficit Control Act of 1985: Provided fur15 ther, That of the amount provided under this heading, 

16 $27,550,000 shall be made available to support base budg17 et requirements as detailed in the appropriate account 

18 table included under the heading ‘‘Title IX – Overseas 

19 Contingency Operations/Global War on Terrorism’’ in the 

20 report accompanying this Act. 

21 OPERATION AND MAINTENANCE, ARMY NATIONAL

22 GUARD

23 For an additional amount for ‘‘Operation and Main24 tenance, Army National Guard’’, $380,221,000: Provided, 

25 That such amount is designated by the Congress for Over-
131 

•HR 5293 EH

1 seas Contingency Operations/Global War on Terrorism 

2 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

3 Budget and Emergency Deficit Control Act of 1985: Pro4 vided further, That of the amount provided under this 

5 heading, $237,880,000 shall be made available to support 

6 base budget requirements as detailed in the appropriate 

7 account table included under the heading ‘‘Title IX – 

8 Overseas Contingency Operations/Global War on Ter9 rorism’’ in the report accompanying this Act. 

10 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

11 For an additional amount for ‘‘Operation and Main12 tenance, Air National Guard’’, $279,036,000: Provided, 

13 That such amount is designated by the Congress for Over14 seas Contingency Operations/Global War on Terrorism 

15 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

16 Budget and Emergency Deficit Control Act of 1985: Pro17 vided further, That of the amount provided under this 

18 heading, $247,950,000 shall be made available to support 

19 base budget requirements as detailed in the appropriate 

20 account table included under the heading ‘‘Title IX – 

21 Overseas Contingency Operations/Global War on Ter22 rorism’’ in the report accompanying this Act. 
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•HR 5293 EH

1 COUNTERTERRORISM PARTNERSHIPS FUND

2 (INCLUDING TRANSFER OF FUNDS)

3 For the ‘‘Counterterrorism Partnerships Fund’’, 

4 $750,000,000, to remain available until September 30, 

5 2018: Provided, That such funds shall be available to pro6 vide support and assistance to foreign security forces or 

7 other groups or individuals to conduct, support, or facili8 tate counterterrorism and crisis response activities: Pro9 vided further, That the Secretary of Defense shall transfer 

10 the funds provided herein to other appropriations provided 

11 for in this Act to be merged with and to be available for 

12 the same purposes and subject to the same authorities and 

13 for the same time period as the appropriation to which 

14 transferred: Provided further, That the transfer authority 

15 under this heading is in addition to any other transfer au16 thority provided elsewhere in this Act: Provided further, 

17 That the funds available under this heading are available 

18 for transfer only to the extent that the Secretary of De19 fense submits a prior approval reprogramming request to 

20 the congressional defense committees: Provided further, 

21 That upon a determination by the Secretary of Defense 

22 that all or part of the funds transferred from this appro23 priation are not necessary for the purposes herein, such 

24 amounts may be transferred back to the appropriation and 

25 shall be available for the same purposes and for the same 
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•HR 5293 EH

1 time period as originally appropriated: Provided further, 

2 That the amount provided under this heading is des3 ignated by the Congress for Overseas Contingency Oper4 ations/Global War on Terrorism pursuant to section 

5 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

6 Deficit Control Act of 1985. 

7 AFGHANISTAN SECURITY FORCES FUND

8 For the ‘‘Afghanistan Security Forces Fund’’, 

9 $3,448,715,000, to remain available until September 30, 

10 2018: Provided, That such funds shall be available to the 

11 Secretary of Defense, notwithstanding any other provision 

12 of law, for the purpose of allowing the Commander, Com13 bined Security Transition Command—Afghanistan, or the 

14 Secretary’s designee, to provide assistance, with the con15 currence of the Secretary of State, to the security forces 

16 of Afghanistan, including the provision of equipment, sup17 plies, services, training, facility and infrastructure repair, 

18 renovation, construction, and funding: Provided further, 

19 That the authority to provide assistance under this head20 ing is in addition to any other authority to provide assist21 ance to foreign nations: Provided further, That contribu22 tions of funds for the purposes provided herein from any 

23 person, foreign government, or international organization 

24 may be credited to this Fund, to remain available until 

25 expended, and used for such purposes: Provided further, 
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•HR 5293 EH

1 That the Secretary of Defense shall notify the congres2 sional defense committees in writing upon the receipt and 

3 upon the obligation of any contribution, delineating the 

4 sources and amounts of the funds received and the specific 

5 use of such contributions: Provided further, That the Sec6 retary of Defense shall, not fewer than 15 days prior to 

7 obligating from this appropriation account, notify the con8 gressional defense committees in writing of the details of 

9 any such obligation: Provided further, That the Secretary 

10 of Defense shall notify the congressional defense commit11 tees of any proposed new projects or transfer of funds be12 tween budget sub-activity groups in excess of 

13 $20,000,000: Provided further, That the United States 

14 may accept equipment procured using funds provided 

15 under this heading in this or prior Acts that was trans16 ferred to the security forces of Afghanistan and returned 

17 by such forces to the United States: Provided further, That 

18 equipment procured using funds provided under this head19 ing in this or prior Acts, and not yet transferred to the 

20 security forces of Afghanistan or transferred to the secu21 rity forces of Afghanistan and returned by such forces to 

22 the United States, may be treated as stocks of the Depart23 ment of Defense upon written notification to the congres24 sional defense committees: Provided further, That of the 

25 funds provided under this heading, not more than 
135 

•HR 5293 EH

1 $25,000,000 shall be for recruitment and retention of 

2 women in the Afghanistan National Security Forces, and 

3 the recruitment and training of female security personnel: 

4 Provided further, That such amount is designated by the 

5 Congress for Overseas Contingency Operations/Global 

6 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

7 the Balanced Budget and Emergency Deficit Control Act 

8 of 1985. 

9 COUNTER-ISLAMIC STATE OF IRAQ AND THE LEVANT

10 TRAIN AND EQUIP FUND

11 For the ‘‘Counter-Islamic State of Iraq and the Le12 vant Train and Equip Fund’’, $880,000,000, to remain 

13 available until September 30, 2018: Provided, That such 

14 funds shall be available to the Secretary of Defense, in 

15 coordination with the Secretary of State, to provide assist16 ance, including training; equipment; logistics support, sup17 plies, and services; funding, including payments and sti18 pends; infrastructure repair, renovation, and sustainment, 

19 to military and other security forces of or associated with 

20 the Government of Iraq, including Kurdish and tribal se21 curity forces or other foreign security forces, irregular 

22 forces, or groups with a security mission, to counter the 

23 Islamic State of Iraq and the Levant, and their affiliated 

24 or associated groups: Provided further, That the Secretary 

25 of Defense shall, not fewer than 15 days prior to obli-
136 

•HR 5293 EH

1 gating from this appropriation account, notify the congres2 sional defense committees in writing of the details of any 

3 such obligation: Provided further, That the Secretary of 

4 Defense shall notify the congressional defense committees 

5 of any proposed new projects or transfer of funds between 

6 budget sub-activity groups in excess of $20,000,000: Pro7 vided further, That the United States may accept equip8 ment procured using funds provided under this heading, 

9 or under the heading ‘‘Iraq Train and Equip Fund’’ in 

10 prior Acts, that was transferred to security forces, irreg11 ular forces, or groups participating, or preparing to par12 ticipate in activities to counter the Islamic State of Iraq 

13 and the Levant and returned by such forces or groups to 

14 the United States, may be treated as stocks of the Depart15 ment of Defense upon written notification to the congres16 sional defense committees: Provided further, That equip17 ment procured using funds provided under this heading, 

18 or under the heading, ‘‘Iraq Train and Equip Fund’’ in 

19 prior Acts, and not yet transferred to security forces, ir20 regular forces, or groups participating or preparing to par21 ticipate in activities to counter the Islamic State of Iraq 

22 and the Levant may be treated as stocks of the Depart23 ment of Defense when determined by the Secretary to no 

24 longer be required for transfer to such forces or groups 

25 and upon written notification to the congressional defense 
137 

•HR 5293 EH

1 committees: Provided further, That amounts made avail2 able under this heading shall be available to provide assist3 ance only for activities in a country designated by the Sec4 retary of Defense, with the concurrence of the Secretary 

5 of State, as having a security mission to counter the Is6 lamic State of Iraq and the Levant, and following written 

7 notification to the congressional defense committees with8 in 15 days of such designation: Provided further, That the 

9 authority to provide assistance under this heading is in 

10 addition to any other authority to provide assistance to 

11 foreign security forces, irregular forces, or groups: Pro12 vided further, That the Secretary of Defense shall ensure 

13 that prior to providing assistance to elements of any forces 

14 such elements are appropriately vetted, including, at a 

15 minimum, by assessing such elements for associations with 

16 terrorist groups or groups associated with the Government 

17 of Iran; and receiving commitments from such elements 

18 to promote respect for human rights and the rule of law: 

19 Provided further, That the Secretary of Defense may ac20 cept and retain contributions, including assistance in-kind, 

21 from foreign governments, including the Government of 

22 Iraq and other entities, to carry out assistance authorized 

23 under this heading: Provided further, That contributions 

24 of funds for the purposes provided herein from any foreign 

25 government or other entities may be credited to this Fund, 
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•HR 5293 EH

1 to remain available until expended, and used for such pur2 poses: Provided further, That not more than 25 percent 

3 of the funds appropriated under this heading may be obli4 gated or expended until not fewer than 15 days after: (1) 

5 the Secretary of Defense submits a report to the appro6 priate congressional committees, describing the plan for 

7 the provision of such training and assistance and the 

8 forces designated to receive such assistance; and (2) the 

9 President submits a report to the appropriate congres10 sional committees on how assistance provided under this 

11 heading supports a larger regional strategy: Provided fur12 ther, That of the amount provided under this heading, not 

13 more than 60 percent may be obligated or expended until 

14 not fewer than 15 days after the date on which the Sec15 retary of Defense certifies to the appropriate congressional 

16 committees that an amount equal to not less than 40 per17 cent of the amount provided under this heading has been 

18 contributed by other countries and entities for the pur19 poses for which funds are provided under this heading, 

20 of which at least 35 percent shall have been contributed 

21 or provided by the Government of Iraq: Provided further, 

22 That the limitation in the preceding proviso shall not 

23 apply if the Secretary of Defense determines, in writing, 

24 that the national security objectives of the United States 

25 will be compromised by the application of the limitation 
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•HR 5293 EH

1 to such assistance, and notifies the appropriate congres2 sional committees not less than 15 days in advance of the 

3 exemption taking effect, including a justification for the 

4 Secretary’s determination and a description of the assist5 ance to be exempted from the application of such limita6 tion: Provided further, That the Secretary of Defense may 

7 waive a provision of law relating to the acquisition of items 

8 and support services or sections 40 and 40A of the Arms 

9 Export Control Act (22 U.S.C. 2780 and 2785) if the Sec10 retary determines such provisions of law would prohibit, 

11 restrict, delay or otherwise limit the provision of such as12 sistance and a notice of and justification for such waiver 

13 is submitted to the appropriate congressional committees: 

14 Provided further, That the Secretary of Defense shall pro15 vide quarterly reports to the congressional defense com16 mittees on the use of funds provided under this heading. 

17 The reports shall include claimed numbers of members in 

18 each organization, as previously defined; numbers of ac19 tual fighters trained; ideology; status of relationship for 

20 each group; the areas of operation for each group and the 

21 scope of support provided for each group, and a listing 

22 of the countries, groups, and individuals providing assist23 ance: Provided further, That the term ‘‘appropriate con24 gressional committees’’ under this heading means the con25 gressional defense committees, the Committees on Appro-
140 

•HR 5293 EH

1 priations and Foreign Relations of the Senate and the 

2 Committees on Appropriations and Foreign Affairs of the 

3 House of Representatives: Provided further, That amounts 

4 made available under this heading are designated by the 

5 Congress for Overseas Contingency Operations/Global 

6 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

7 the Balanced Budget and Emergency Deficit Control Act 

8 of 1985. 

9 PROCUREMENT 

10 AIRCRAFT PROCUREMENT, ARMY

11 For an additional amount for ‘‘Aircraft Procurement, 

12 Army’’, $795,071,000, to remain available until Sep13 tember 30, 2019: Provided, That such amount is des14 ignated by the Congress for Overseas Contingency Oper15 ations/Global War on Terrorism pursuant to section 

16 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

17 Deficit Control Act of 1985: Provided further, That of the 

18 amount provided under this heading, $481,900,000 shall 

19 be made available to support base budget requirements as 

20 detailed in the appropriate account table included under 

21 the heading ‘‘Title IX – Overseas Contingency Operations/ 

22 Global War on Terrorism’’ in the report accompanying 

23 this Act. 
141 

•HR 5293 EH

1 MISSILE PROCUREMENT, ARMY

2 For an additional amount for ‘‘Missile Procurement, 

3 Army’’, $828,917,000, to remain available until Sep4 tember 30, 2019: Provided, That such amount is des5 ignated by the Congress for Overseas Contingency Oper6 ations/Global War on Terrorism pursuant to section 

7 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

8 Deficit Control Act of 1985: Provided further, That of the 

9 amount provided under this heading, $196,100,000 shall 

10 be made available to support base budget requirements as 

11 detailed in the appropriate account table included under 

12 the heading ‘‘Title IX – Overseas Contingency Operations/ 

13 Global War on Terrorism’’ in the report accompanying 

14 this Act. 

15 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

16 VEHICLES, ARMY

17 For an additional amount for ‘‘Procurement of Weap18 ons and Tracked Combat Vehicles, Army’’, $610,544,000, 

19 to remain available until September 30, 2019: Provided, 

20 That such amount is designated by the Congress for Over21 seas Contingency Operations/Global War on Terrorism 

22 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

23 Budget and Emergency Deficit Control Act of 1985: Pro24 vided further, That of the amount provided under this 

25 heading, $212,000,000 shall be made available to support 
142 

•HR 5293 EH

1 base budget requirements as detailed in the appropriate 

2 account table included under the heading ‘‘Title IX – 

3 Overseas Contingency Operations/Global War on Ter4 rorism’’ in the report accompanying this Act. 

5 PROCUREMENT OF AMMUNITION, ARMY

6 For an additional amount for ‘‘Procurement of Am7 munition, Army’’, $541,723,000, to remain available until 

8 September 30, 2019: Provided, That such amount is des9 ignated by the Congress for Overseas Contingency Oper10 ations/Global War on Terrorism pursuant to section 

11 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

12 Deficit Control Act of 1985: Provided further, That of the 

13 amount provided under this heading, $240,200,000 shall 

14 be made available to support base budget requirements as 

15 detailed in the appropriate account table included under 

16 the heading ‘‘Title IX – Overseas Contingency Operations/ 

17 Global War on Terrorism’’ in the report accompanying 

18 this Act. 

19 OTHER PROCUREMENT, ARMY

20 For an additional amount for ‘‘Other Procurement, 

21 Army’’, $1,381,410,000, to remain available until Sep22 tember 30, 2019: Provided, That such amount is des23 ignated by the Congress for Overseas Contingency Oper24 ations/Global War on Terrorism pursuant to section 

25 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
143 

•HR 5293 EH

1 Deficit Control Act of 1985: Provided further, That of the 

2 amount provided under this heading, $8,400,000 shall be 

3 made available to support base budget requirements as de4 tailed in the appropriate account table included under the 

5 heading ‘‘Title IX – Overseas Contingency Operations/ 

6 Global War on Terrorism’’ in the report accompanying 

7 this Act. 

8 AIRCRAFT PROCUREMENT, NAVY

9 For an additional amount for ‘‘Aircraft Procurement, 

10 Navy’’, $971,037,000, to remain available until September 

11 30, 2019: Provided, That such amount is designated by 

12 the Congress for Overseas Contingency Operations/Global 

13 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

14 the Balanced Budget and Emergency Deficit Control Act 

15 of 1985: Provided further, That of the amount provided 

16 under this heading, $626,714,000 shall be made available 

17 to support base budget requirements as detailed in the ap18 propriate account table included under the heading ‘‘Title 

19 IX – Overseas Contingency Operations/Global War on 

20 Terrorism’’ in the report accompanying this Act. 

21 WEAPONS PROCUREMENT, NAVY

22 For an additional amount for ‘‘Weapons Procure23 ment, Navy’’, $183,700,000, to remain available until 

24 September 30, 2019: Provided, That such amount is des25 ignated by the Congress for Overseas Contingency Oper-
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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: Provided further, That of the 

4 amount provided under this heading, $175,100,000 shall 

5 be made available to support base budget requirements as 

6 detailed in the appropriate account table included under 

7 the heading ‘‘Title IX – Overseas Contingency Operations/ 

8 Global War on Terrorism’’ in the report accompanying 

9 this Act. 

10 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

11 CORPS

12 For an additional amount for ‘‘Procurement of Am13 munition, Navy and Marine Corps’’, $120,540,000, to re14 main available until September 30, 2019: Provided, That 

15 such amount is designated by the Congress for Overseas 

16 Contingency Operations/Global War on Terrorism pursu17 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

18 and Emergency Deficit Control Act of 1985: Provided fur19 ther, That of the amount provided under this heading, 

20 $58,000,000 shall be made available to support base budg21 et requirements as detailed in the appropriate account 

22 table included under the heading ‘‘Title IX – Overseas 

23 Contingency Operations/Global War on Terrorism’’ in the 

24 report accompanying this Act. 
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1 SHIPBUILDING AND CONVERSION, NAVY

2 For an additional amount for ‘‘Shipbuilding and Con3 version, Navy’’, $3,086,300,000, to remain available until 

4 September 30, 2021, to be provided to the following pro5 grams: Carrier Replacement Program, (AP), 

6 $263,000,000; DDG–51 Destroyer, $433,000,000; Am7 phibious Ship Replacement LXR, $1,550,000,000; Ship to 

8 Shore Connector, $160,000,000; LCAC Service Life Ex9 tension Program, $80,300,000; and Classified Programs, 

10 $600,000,000: Provided, That such amount is designated 

11 by the Congress for Overseas Contingency Operations/ 

12 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: Provided further, That of the 

15 amount provided under this heading, $3,086,300,000 shall 

16 be made available to support base budget requirements as 

17 detailed in the appropriate account table included under 

18 the heading ‘‘Title IX – Overseas Contingency Operations/ 

19 Global War on Terrorism’’ in the report accompanying 

20 this Act. 

21 OTHER PROCUREMENT, NAVY

22 For an additional amount for ‘‘Other Procurement, 

23 Navy’’, $214,081,000, to remain available until September 

24 30, 2019: Provided, That such amount is designated by 

25 the Congress for Overseas Contingency Operations/Global 
146 

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1 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

2 the Balanced Budget and Emergency Deficit Control Act 

3 of 1985: Provided further, That of the amount provided 

4 under this heading, $102,530,000 shall be made available 

5 to support base budget requirements as detailed in the ap6 propriate account table included under the heading ‘‘Title 

7 IX – Overseas Contingency Operations/Global War on 

8 Terrorism’’ in the report accompanying this Act. 

9 PROCUREMENT, MARINE CORPS

10 For an additional amount for ‘‘Procurement, Marine 

11 Corps’’, $213,667,000, to remain available until Sep12 tember 30, 2019: Provided, That such amount is des13 ignated by the Congress for Overseas Contingency Oper14 ations/Global War on Terrorism pursuant to section 

15 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

16 Deficit Control Act of 1985: Provided further, That of the 

17 amount provided under this heading, $107,463,000 shall 

18 be made available to support base budget requirements as 

19 detailed in the appropriate account table included under 

20 the heading ‘‘Title IX – Overseas Contingency Operations/ 

21 Global War on Terrorism’’ in the report accompanying 

22 this Act. 

23 AIRCRAFT PROCUREMENT, AIR FORCE

24 For an additional amount for ‘‘Aircraft Procurement, 

25 Air Force’’, $2,005,549,000 (reduced by $100,000,000) 
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1 (increased by $100,000,000), to remain available until 

2 September 30, 2019: Provided, That such amount is des3 ignated by the Congress for Overseas Contingency Oper4 ations/Global War on Terrorism pursuant to section 

5 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

6 Deficit Control Act of 1985: Provided further, That of the 

7 amount provided under this heading, $1,295,716,000 shall 

8 be made available to support base budget requirements as 

9 detailed in the appropriate account table included under 

10 the heading ‘‘Title IX – Overseas Contingency Operations/ 

11 Global War on Terrorism’’ in the report accompanying 

12 this Act. 

13 MISSILE PROCUREMENT, AIR FORCE

14 For an additional amount for ‘‘Missile Procurement, 

15 Air Force’’, $335,795,000, to remain available until Sep16 tember 30, 2019: Provided, That such amount is des17 ignated by the Congress for Overseas Contingency Oper18 ations/Global War on Terrorism pursuant to section 

19 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

20 Deficit Control Act of 1985: Provided further, That of the 

21 amount provided under this heading, $194,420,000 shall 

22 be made available to support base budget requirements as 

23 detailed in the appropriate account table included under 

24 the heading ‘‘Title IX – Overseas Contingency Operations/ 
148 

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1 Global War on Terrorism’’ in the report accompanying 

2 this Act. 

3 PROCUREMENT OF AMMUNITION, AIR FORCE

4 For an additional amount for ‘‘Procurement of Am5 munition, Air Force’’, $478,158,000, to remain available 

6 until September 30, 2019: Provided, That such amount 

7 is designated by the Congress for Overseas Contingency 

8 Operations/Global War on Terrorism pursuant to section 

9 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

10 Deficit Control Act of 1985: Provided further, That of the 

11 amount provided under this heading, $323,000,000 shall 

12 be made available to support base budget requirements as 

13 detailed in the appropriate account table included under 

14 the heading ‘‘Title IX – Overseas Contingency Operations/ 

15 Global War on Terrorism’’ in the report accompanying 

16 this Act. 

17 OTHER PROCUREMENT, AIR FORCE

18 For an additional amount for ‘‘Other Procurement, 

19 Air Force’’, $3,479,781,000, to remain available until 

20 September 30, 2019: 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 PROCUREMENT, DEFENSE-WIDE

2 For an additional amount for ‘‘Procurement, De3 fense-Wide’’, $389,134,000, to remain available until Sep4 tember 30, 2019: Provided, That such amount is des5 ignated by the Congress for Overseas Contingency Oper6 ations/Global War on Terrorism pursuant to section 

7 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

8 Deficit Control Act of 1985: Provided further, That of the 

9 amount provided under this heading, $170,000,000 shall 

10 be made available to support base budget requirements as 

11 detailed in the appropriate account table included under 

12 the heading ‘‘Title IX – Overseas Contingency Operations/ 

13 Global War on Terrorism’’ in the report accompanying 

14 this Act. 

15 NATIONAL GUARD AND RESERVE EQUIPMENT ACCOUNT

16 For procurement of rotary-wing aircraft; combat, tac17 tical and support vehicles; other weapons; and other pro18 curement items for the reserve components of the Armed 

19 Forces, $1,000,000,000, to remain available for obligation 

20 until September 30, 2019: Provided, That the Chiefs of 

21 National Guard and Reserve components shall, not later 

22 than 30 days after enactment of this Act, individually sub23 mit to the congressional defense committees the mod24 ernization priority assessment for their respective Na25 tional Guard or Reserve component: Provided further, 
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1 That none of the funds made available by this paragraph 

2 may be used to procure manned fixed wing aircraft, or 

3 procure or modify missiles, munitions, or ammunition: 

4 Provided further, That such amount is designated by the 

5 Congress for Overseas Contingency Operations/Global 

6 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

7 the Balanced Budget and Emergency Deficit Control Act 

8 of 1985. 

9 RESEARCH, DEVELOPMENT, TEST, AND 

10 EVALUATION 

11 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

12 ARMY

13 For an additional amount for ‘‘Research, Develop14 ment, Test and Evaluation, Army’’, $167,522,000, to re15 main available until September 30, 2018: Provided, That 

16 such amount is designated by the Congress for Overseas 

17 Contingency Operations/Global War on Terrorism pursu18 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

19 and Emergency Deficit Control Act of 1985: Provided fur20 ther, That of the amount provided under this heading, 

21 $67,000,000 shall be made available to support base budg22 et requirements as detailed in the appropriate account 

23 table included under the heading ‘‘Title IX – Overseas 

24 Contingency Operations/Global War on Terrorism’’ in the 

25 report accompanying this Act. 
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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’’, $106,323,000, to re5 main available until September 30, 2018: 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: Provided fur10 ther, That of the amount provided under this heading, 

11 $65,990,000 shall be made available to support base budg12 et requirements as detailed in the appropriate account 

13 table included under the heading ‘‘Title IX – Overseas 

14 Contingency Operations/Global War on Terrorism’’ in the 

15 report accompanying this Act. 

16 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

17 AIR FORCE

18 For an additional amount for ‘‘Research, Develop19 ment, Test and Evaluation, Air Force’’, $42,905,000, to 

20 remain available until September 30, 2018: Provided, 

21 That such amount is designated by the Congress for Over22 seas Contingency Operations/Global War on Terrorism 

23 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

24 Budget and Emergency Deficit Control Act of 1985: Pro25 vided further, That of the amount provided under this 
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1 heading, $10,000,000 shall be made available to support 

2 base budget requirements as detailed in the appropriate 

3 account table included under the heading ‘‘Title IX – 

4 Overseas Contingency Operations/Global War on Ter5 rorism’’ in the report accompanying this Act. 

6 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

7 DEFENSE-WIDE

8 For an additional amount for ‘‘Research, Develop9 ment, Test and Evaluation, Defense-Wide’’, 

10 $179,919,000, to remain available until September 30, 

11 2018: Provided, That such amount is designated by the 

12 Congress for Overseas Contingency Operations/Global 

13 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

14 the Balanced Budget and Emergency Deficit Control Act 

15 of 1985: Provided further, That of the amount provided 

16 under this heading, $20,000,000 shall be made available 

17 to support base budget requirements as detailed in the ap18 propriate account table included under the heading ‘‘Title 

19 IX – Overseas Contingency Operations/Global War on 

20 Terrorism’’ in the report accompanying this Act. 

21 REVOLVING AND MANAGEMENT FUNDS 

22 DEFENSE WORKING CAPITAL FUNDS

23 For an additional amount for ‘‘Defense Working 

24 Capital Funds’’, $140,633,000: Provided, That such 

25 amount is designated by the Congress for Overseas Con-
153 

•HR 5293 EH

1 tingency Operations/Global War on Terrorism pursuant to 

2 section 251(b)(2)(A)(ii) of the Balanced Budget and 

3 Emergency Deficit Control Act of 1985. 

4 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

5 DEFENSE HEALTH PROGRAM

6 For an additional amount for ‘‘Defense Health Pro7 gram’’, $781,764,000, which shall be for operation and 

8 maintenance: Provided, That such amount is designated 

9 by the Congress for Overseas Contingency Operations/ 

10 Global War on Terrorism pursuant to section 

11 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

12 Deficit Control Act of 1985: Provided further, That of the 

13 amount provided under this heading, $450,000,000 shall 

14 be made available to support base budget requirements as 

15 detailed in the appropriate account table included under 

16 the heading ‘‘Title IX – Overseas Contingency Operations/ 

17 Global War on Terrorism’’ in the report accompanying 

18 this Act. 

19 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

20 DEFENSE

21 For an additional amount for ‘‘Drug Interdiction and 

22 Counter-Drug Activities, Defense’’, $215,333,000: Pro23 vided, That such amount is designated by the Congress 

24 for Overseas Contingency Operations/Global War on Ter-
154 

•HR 5293 EH

1 rorism pursuant to section 251(b)(2)(A)(ii) of the Bal2 anced Budget and Emergency Deficit Control Act of 1985. 

3 JOINT IMPROVISED-THREAT DEFEAT FUND

4 (INCLUDING TRANSFER OF FUNDS)

5 For the ‘‘Joint Improvised-Threat Defeat Fund’’, 

6 $408,272,000, to remain available until September 30, 

7 2019: Provided, That such funds shall be available to the 

8 Secretary of Defense, notwithstanding any other provision 

9 of law, for the purpose of allowing the Director of the 

10 Joint Improvised Explosive Device Defeat Organization to 

11 investigate, develop and provide equipment, supplies, serv12 ices, training, facilities, personnel and funds to assist 

13 United States forces in the defeat of improvised explosive 

14 devices: Provided further, That the Secretary of Defense 

15 may transfer funds provided herein to appropriations for 

16 military personnel; operation and maintenance; procure17 ment; research, development, test and evaluation; and de18 fense working capital funds to accomplish the purpose pro19 vided herein: Provided further, That this transfer author20 ity is in addition to any other transfer authority available 

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

22 Secretary of Defense shall, not fewer than 15 days prior 

23 to making transfers from this appropriation, notify the 

24 congressional defense committees in writing of the details 

25 of any such transfer: Provided further, That such amount 
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1 is designated by the Congress for Overseas Contingency 

2 Operations/Global War on Terrorism pursuant to section 

3 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

4 Deficit Control Act of 1985. 

5 OFFICE OF THE INSPECTOR GENERAL

6 For an additional amount for the ‘‘Office of the In7 spector General’’, $22,062,000: Provided, That such 

8 amount is designated by the Congress for Overseas Con9 tingency Operations/Global War on Terrorism pursuant to 

10 section 251(b)(2)(A)(ii) of the Balanced Budget and 

11 Emergency Deficit Control Act of 1985. 

12 GENERAL PROVISIONS—THIS TITLE 

13 SEC. 9001. Notwithstanding any other provision of 

14 law, funds made available in this title are in addition to 

15 amounts appropriated or otherwise made available for the 

16 Department of Defense for fiscal year 2017. 

17 (INCLUDING TRANSFER OF FUNDS)

18 SEC. 9002. Upon the determination of the Secretary 

19 of Defense that such action is necessary in the national 

20 interest, the Secretary may, with the approval of the Of21 fice of Management and Budget, transfer up to 

22 $4,500,000,000 between the appropriations or funds made 

23 available to the Department of Defense in this title: Pro24 vided, That the Secretary shall notify the Congress 

25 promptly of each transfer made pursuant to the authority 
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•HR 5293 EH

1 in this section: Provided further, That the authority pro2 vided in this section is in addition to any other transfer 

3 authority available to the Department of Defense and is 

4 subject to the same terms and conditions as the authority 

5 provided in section 8005 of this Act. 

6 SEC. 9003. Supervision and administration costs and 

7 costs for design during construction associated with a con8 struction project funded with appropriations available for 

9 operation and maintenance or the ‘‘Afghanistan Security 

10 Forces Fund’’ provided in this Act and executed in direct 

11 support of overseas contingency operations in Afghani12 stan, may be obligated at the time a construction contract 

13 is awarded: Provided, That, for the purpose of this section, 

14 supervision and administration costs and costs for design 

15 during construction include all in-house Government costs. 

16 SEC. 9004. From funds made available in this title, 

17 the Secretary of Defense may purchase for use by military 

18 and civilian employees of the Department of Defense in 

19 the United States Central Command area of responsi20 bility: (1) passenger motor vehicles up to a limit of 

21 $75,000 per vehicle; and (2) heavy and light armored vehi22 cles for the physical security of personnel or for force pro23 tection purposes up to a limit of $450,000 per vehicle, not24 withstanding price or other limitations applicable to the 

25 purchase of passenger carrying vehicles. 
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1 SEC. 9005. Not to exceed $5,000,000 of the amounts 

2 appropriated by this title under the heading ‘‘Operation 

3 and Maintenance, Army’’ may be used, notwithstanding 

4 any other provision of law, to fund the Commanders’ 

5 Emergency Response Program (CERP), for the purpose 

6 of enabling military commanders in Afghanistan to re7 spond to urgent, small-scale, humanitarian relief and re8 construction requirements within their areas of responsi9 bility: Provided, That each project (including any ancillary 

10 or related elements in connection with such project) exe11 cuted under this authority shall not exceed $2,000,000: 

12 Provided further, That not later than 45 days after the 

13 end of each 6 months of the fiscal year, the Secretary of 

14 Defense shall submit to the congressional defense commit15 tees a report regarding the source of funds and the alloca16 tion and use of funds during that 6-month period that 

17 were made available pursuant to the authority provided 

18 in this section or under any other provision of law for the 

19 purposes described herein: Provided further, That, not 

20 later than 30 days after the end of each fiscal year quar21 ter, the Army shall submit to the congressional defense 

22 committees quarterly commitment, obligation, and expend23 iture data for the CERP in Afghanistan: Provided further, 

24 That, not less than 15 days before making funds available 

25 pursuant to the authority provided in this section or under 
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•HR 5293 EH

1 any other provision of law for the purposes described here2 in for a project with a total anticipated cost for completion 

3 of $500,000 or more, the Secretary shall submit to the 

4 congressional defense committees a written notice con5 taining each of the following: 

6 (1) The location, nature and purpose of the 

7 proposed project, including how the project is in8 tended to advance the military campaign plan for 

9 the country in which it is to be carried out. 

10 (2) The budget, implementation timeline with 

11 milestones, and completion date for the proposed 

12 project, including any other CERP funding that has 

13 been or is anticipated to be contributed to the com14 pletion of the project. 

15 (3) A plan for the sustainment of the proposed 

16 project, including the agreement with either the host 

17 nation, a non-Department of Defense agency of the 

18 United States Government or a third-party contrib19 utor to finance the sustainment of the activities and 

20 maintenance of any equipment or facilities to be pro21 vided through the proposed project. 

22 SEC. 9006. Funds available to the Department of De23 fense for operation and maintenance may be used, not24 withstanding any other provision of law, to provide sup25 plies, services, transportation, including airlift and sealift, 
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1 and other logistical support to coalition forces supporting 

2 military and stability operations in Afghanistan and to 

3 counter the Islamic State of Iraq and the Levant: Pro4 vided, That the Secretary of Defense shall provide quar5 terly reports to the congressional defense committees re6 garding support provided under this section. 

7 SEC. 9007. None of the funds appropriated or other8 wise made available by this or any other Act shall be obli9 gated or expended by the United States Government for 

10 a purpose as follows: 

11 (1) To establish any military installation or 

12 base for the purpose of providing for the permanent 

13 stationing of United States Armed Forces in Iraq. 

14 (2) To exercise United States control over any 

15 oil resource of Iraq. 

16 (3) To establish any military installation or 

17 base for the purpose of providing for the permanent 

18 stationing of United States Armed Forces in Af19 ghanistan. 

20 SEC. 9008. None of the funds made available in this 

21 Act may be used in contravention of the following laws 

22 enacted or regulations promulgated to implement the 

23 United Nations Convention Against Torture and Other 

24 Cruel, Inhuman or Degrading Treatment or Punishment 

25 (done at New York on December 10, 1984): 
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•HR 5293 EH

1 (1) Section 2340A of title 18, United States 

2 Code. 

3 (2) Section 2242 of the Foreign Affairs Reform 

4 and Restructuring Act of 1998 (division G of Public 

5 Law 105–277; 112 Stat. 2681–822; 8 U.S.C. 1231 

6 note) and regulations prescribed thereto, including 

7 regulations under part 208 of title 8, Code of Fed8 eral Regulations, and part 95 of title 22, Code of 

9 Federal Regulations. 

10 (3) Sections 1002 and 1003 of the Department 

11 of Defense, Emergency Supplemental Appropriations 

12 to Address Hurricanes in the Gulf of Mexico, and 

13 Pandemic Influenza Act, 2006 (Public Law 109– 

14 148). 

15 SEC. 9009. None of the funds provided for the ‘‘Af16 ghanistan Security Forces Fund’’ (ASFF) may be obli17 gated prior to the approval of a financial and activity plan 

18 by the Afghanistan Resources Oversight Council (AROC) 

19 of the Department of Defense: Provided, That the AROC 

20 must approve the requirement and acquisition plan for any 

21 service requirements in excess of $50,000,000 annually 

22 and any non-standard equipment requirements in excess 

23 of $100,000,000 using ASFF: Provided further, That the 

24 Department of Defense must certify to the congressional 

25 defense committees that the AROC has convened and ap-
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•HR 5293 EH

1 proved a process for ensuring compliance with the require2 ments in the preceding proviso and accompanying report 

3 language for the ASFF. 

4 SEC. 9010. Funds made available in this title to the 

5 Department of Defense for operation and maintenance 

6 may be used to purchase items having an investment unit 

7 cost of not more than $250,000: Provided, That, upon de8 termination by the Secretary of Defense that such action 

9 is necessary to meet the operational requirements of a 

10 Commander of a Combatant Command engaged in contin11 gency operations overseas, such funds may be used to pur12 chase items having an investment item unit cost of not 

13 more than $500,000. 

14 SEC. 9011. From funds made available to the De15 partment of Defense in this title under the heading ‘‘Oper16 ation and Maintenance, Air Force’’, up to $60,000,000 

17 may be used by the Secretary of Defense, notwithstanding 

18 any other provision of law, to support United States Gov19 ernment transition activities in Iraq by funding the oper20 ations and activities of the Office of Security Cooperation 

21 in Iraq and security assistance teams, including life sup22 port, transportation and personal security, and facilities 

23 renovation and construction, and site closeout activities 

24 prior to returning sites to the Government of Iraq: Pro25 vided, That to the extent authorized under the National 
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1 Defense Authorization Act for Fiscal Year 2017, the oper2 ations and activities that may be carried out by the Office 

3 of Security Cooperation in Iraq may, with the concurrence 

4 of the Secretary of State, include non-operational training 

5 activities in support of Iraqi Minister of Defense and 

6 Counter Terrorism Service personnel in an institutional 

7 environment to address capability gaps, integrate proc8 esses relating to intelligence, air sovereignty, combined 

9 arms, logistics and maintenance, and to manage and inte10 grate defense-related institutions: Provided further, That 

11 not later than 30 days following the enactment of this Act, 

12 the Secretary of Defense and the Secretary of State shall 

13 submit to the congressional defense committees a plan for 

14 transitioning any such training activities that they deter15 mine are needed after the end of fiscal year 2017, to exist16 ing or new contracts for the sale of defense articles or 

17 defense services consistent with the provisions of the Arms 

18 Export Control Act (22 U.S.C. 2751 et seq.): Provided 

19 further, That, not less than 15 days before making funds 

20 available pursuant to the authority provided in this sec21 tion, the Secretary of Defense shall submit to the congres22 sional defense committees a written notice containing a 

23 detailed justification and timeline for the operations and 

24 activities of the Office of Security Cooperation in Iraq at 

25 each site where such operations and activities will be con-
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•HR 5293 EH

1 ducted during fiscal year 2017: Provided further, That 

2 amounts made available by this section are designated by 

3 the 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 SEC. 9012. Up to $500,000,000 of funds appro8 priated by this Act for the Counterterrorism Partnerships 

9 Fund may be used to provide assistance to the Govern10 ment of Jordan to support the armed forces of Jordan 

11 and to enhance security along its borders. 

12 SEC. 9013. None of the funds made available by this 

13 Act under the heading ‘‘Counter-Islamic State of Iraq and 

14 the Levant Train and Equip Fund’’ may be used to pro15 cure or transfer man-portable air defense systems. 

16 SEC. 9014. For the ‘‘Ukraine Security Assistance Ini17 tiative’’, $150,000,000 is hereby appropriated, to remain 

18 available until September 30, 2017: Provided, That such 

19 funds shall be available to the Secretary of Defense, in 

20 coordination with the Secretary of State, to provide assist21 ance, including training; equipment; lethal weapons of a 

22 defensive nature; logistics support, supplies and services; 

23 sustainment; and intelligence support to the military and 

24 national security forces of Ukraine, and for replacement 

25 of any weapons or defensive articles provided to the Gov-
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•HR 5293 EH

1 ernment of Ukraine from the inventory of the United 

2 States: Provided further, That the Secretary of Defense 

3 shall, not less than 15 days prior to obligating funds pro4 vided under this heading, notify the congressional defense 

5 committees in writing of the details of any such obligation: 

6 Provided further, That the United States may accept 

7 equipment procured using funds provided under this head8 ing in this or prior Acts that was transferred to the secu9 rity forces of Ukraine and returned by such forces to the 

10 United States: Provided further, That equipment procured 

11 using funds provided under this heading in this or prior 

12 Acts, and not yet transferred to the military or National 

13 Security Forces of Ukraine or returned by such forces to 

14 the United States, may be treated as stocks of the Depart15 ment of Defense upon written notification to the congres16 sional defense committees: Provided further, That amounts 

17 made available by this section are designated by the Con18 gress for Overseas Contingency Operations/Global War on 

19 Terrorism pursuant to section 251(b)(2)(A)(ii) of the Bal20 anced Budget and Emergency Deficit Control Act of 1985. 

21 SEC. 9015. Funds appropriated in this title shall be 

22 available for replacement of funds for items provided to 

23 the Government of Ukraine from the inventory of the 

24 United States to the extent specifically provided for in sec25 tion 9014 of this Act. 
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•HR 5293 EH

1 SEC. 9016. None of the funds made available by this 

2 Act under section 9014 for ‘‘Assistance and Sustainment 

3 to the Military and National Security Forces of Ukraine’’ 

4 may be used to procure or transfer man-portable air de5 fense systems. 

6 SEC. 9017. (a) None of the funds appropriated or 

7 otherwise made available by this Act under the heading 

8 ‘‘Operation and Maintenance, Defense-Wide’’ for pay9 ments under section 1233 of Public Law 110–181 for re10 imbursement to the Government of Pakistan may be made 

11 available unless the Secretary of Defense, in coordination 

12 with the Secretary of State, certifies to the congressional 

13 defense committees that the Government of Pakistan is— 

14 (1) cooperating with the United States in 

15 counterterrorism efforts against the Haqqani Net16 work, the Quetta Shura Taliban, Lashkar e-Tayyiba, 

17 Jaish-e-Mohammed, Al Qaeda, and other domestic 

18 and foreign terrorist organizations, including taking 

19 steps to end support for such groups and prevent 

20 them from basing and operating in Pakistan and 

21 carrying out cross border attacks into neighboring 

22 countries; 

23 (2) not supporting terrorist activities against 

24 United States or coalition forces in Afghanistan, and 

25 Pakistan’s military and intelligence agencies are not 
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•HR 5293 EH

1 intervening extra-judicially into political and judicial 

2 processes in Pakistan; 

3 (3) dismantling improvised explosive device 

4 (IED) networks and interdicting precursor chemicals 

5 used in the manufacture of IEDs; 

6 (4) preventing the proliferation of nuclear-re7 lated material and expertise; 

8 (5) implementing policies to protect judicial 

9 independence and due process of law; 

10 (6) issuing visas in a timely manner for United 

11 States visitors engaged in counterterrorism efforts 

12 and assistance programs in Pakistan; and 

13 (7) providing humanitarian organizations access 

14 to detainees, internally displaced persons, and other 

15 Pakistani civilians affected by the conflict. 

16 (b) The Secretary of Defense, in coordination with 

17 the Secretary of State, may waive the restriction in sub18 section (a) on a case-by-case basis by certifying in writing 

19 to the congressional defense committees that it is in the 

20 national security interest to do so: Provided, That if the 

21 Secretary of Defense, in coordination with the Secretary 

22 of State, exercises such waiver authority, the Secretaries 

23 shall report to the congressional defense committees on 

24 both the justification for the waiver and on the require25 ments of this section that the Government of Pakistan was 
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1 not able to meet: Provided further, That such report may 

2 be submitted in classified form if necessary. 

3 (INCLUDING TRANSFER OF FUNDS)

4 SEC. 9018. In addition to amounts otherwise made 

5 available in this Act, $500,000,000 is hereby appropriated 

6 to the Department of Defense and made available for 

7 transfer only to the operation and maintenance, military 

8 personnel, and procurement accounts, to improve the intel9 ligence, surveillance, and reconnaissance capabilities of the 

10 Department of Defense: Provided, That the transfer au11 thority provided in this section is in addition to any other 

12 transfer authority provided elsewhere in this Act: Provided 

13 further, That not later than 30 days prior to exercising 

14 the transfer authority provided in this section, the Sec15 retary of Defense shall submit a report to the congres16 sional defense committees on the proposed uses of these 

17 funds: Provided further, That the funds provided in this 

18 section may not be transferred to any program, project, 

19 or activity specifically limited or denied by this Act: Pro20 vided further, That amounts made available by this section 

21 are designated by the Congress for Overseas Contingency 

22 Operations/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: Provided further, That the 
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1 authority to provide funding under this section shall termi2 nate on September 30, 2017. 

3 SEC. 9019. None of the funds made available by this 

4 Act may be used with respect to Syria in contravention 

5 of the War Powers Resolution (50 U.S.C. 1541 et seq.), 

6 including for the introduction of United States armed or 

7 military forces into hostilities in Syria, into situations in 

8 Syria where imminent involvement in hostilities is clearly 

9 indicated by the circumstances, or into Syrian territory, 

10 airspace, or waters while equipped for combat, in con11 travention of the congressional consultation and reporting 

12 requirements of sections 3 and 4 of that law (50 U.S.C. 

13 1542 and 1543). 

14 (RESCISSIONS)

15 SEC. 9020. Of the funds appropriated in Department 

16 of Defense Appropriations Acts, the following funds are 

17 hereby rescinded from the following accounts and pro18 grams in the specified amounts: Provided, That such 

19 amounts are 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, as amended: 

23 (1) ‘‘Operation and Maintenance, Defense24 Wide, DSCA Coalition Support Fund’’, 2016/2017, 

25 $300,000,000; 
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1 (2) ‘‘Counterterrorism Partnership Fund’’, 

2 2016/2017, $200,000,000; and 

3 (3) ‘‘Other Procurement, Air Force’’, 2016/ 

4 2018, $169,000,000. 

5 SEC. 9021. Each amount designated in this Act by 

6 the Congress for Overseas Contingency Operations/Global 

7 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

8 the Balanced Budget and Emergency Deficit Control Act 

9 of 1985 shall be available only if the President subse10 quently so designates all such amounts and transmits such 

11 designations to the Congress. 

12 TITLE X—ADDITIONAL GENERAL PROVISIONS 

13 SEC. 10001. (a) Congress finds that— 

14 (1) the United States has been engaged in mili15 tary operations against the Islamic State of Iraq and 

16 the Levant (ISIL) for more than 20 months; 

17 (2) President Obama submitted an authoriza18 tion for the use of military force against ISIL in 

19 February 2015; and 

20 (3) under article 1, section 8 of the Constitu21 tion, Congress has the authority to ‘‘declare war’’. 

22 (b) Therefore, Congress has a constitutional duty to 

23 debate and determine whether or not to authorize the use 

24 of military force against ISIL. 
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1 SEC. 10002. None of the funds made available by this 

2 Act may be used to provide arms, training, or other assist3 ance to the Azov Battalion. 

4 SPENDING REDUCTION ACCOUNT

5 SEC. 10003. The amount by which the applicable al6 location of new budget authority made by the Committee 

7 on Appropriations of the House of Representatives under 

8 section 302(b) of the Congressional Budget Act of 1974 

9 exceeds the amount of proposed new budget authority is 

10 $0. 

11 SEC. 10004. None of the funds made available by this 

12 Act may be used to promulgate Directive 293, issued De13 cember 16, 2010, by the Office of Federal Contract Com14 pliance Programs. 

15 SEC. 10005. None of the funds made available by this 

16 Act may be used to enter into a contract with any offeror 

17 or any of its principals if the offeror certifies, as required 

18 by the Federal Acquisition Regulation, that the offeror or 

19 any of its principals— 

20 (1) within a 3-year period preceding the offer 

21 has been convicted of or had a civil judgment ren22 dered against it for commission of fraud or a crimi23 nal offense in connection with obtaining, attempting 

24 to obtain, or performing a public (Federal, State, or 

25 local) contract or subcontract; violation of Federal or 
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1 State antitrust statutes relating to the submission of 

2 offers; or commission of embezzlement, theft, for3 gery, bribery, falsification or destruction of records, 

4 making false statements, tax evasion, violating Fed5 eral criminal tax laws, or receiving stolen property; 

6 (2) is presently indicted for, or otherwise crimi7 nally or civilly charged by a governmental entity 

8 with, commission of any of the offenses enumerated 

9 above in paragraph (1); or 

10 (3) within a 3-year period preceding the offer, 

11 has been notified of any delinquent Federal taxes in 

12 an amount that exceeds $3,000 for which the liabil13 ity remains unsatisfied. 

14 SEC. 10006. None of the funds made available by this 

15 Act may be used to designate or expand a heritage asset 

16 under division A of subtitle III of title 54, United States 

17 Code (commonly referred to as the ‘‘National Historic 

18 Preservation Act’’), in any of Baca, Bent, Crowley, 

19 Huerfano, Kiowa, Las Animas, Otero, Prowers, and Pueb20 lo counties, Colorado. 

21 SEC. 10007. None of the funds made available in this 

22 Act may be used to transfer any individual detained at 

23 United States Naval Station, Guantanamo Bay, Cuba, to 

24 any other location. 
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1 SEC. 10008. None of the funds made available by this 

2 Act may be used to carry out Executive Order No. 13688 

3 entitled ‘‘Federal Support for Local Law Enforcement 

4 Equipment Acquisition’’. 

5 SEC. 10009. None of the funds appropriated by this 

6 Act may be used to plan for, begin, continue, complete, 

7 process, or approve a public-private competition under the 

8 Office of Management and Budget Circular A–76. 

9 SEC. 10010. None of the funds made available by this 

10 Act may be used for performances by a military musical 

11 unit (as defined in section 974 of title 10, United States 

12 Code) described in paragraph (2)(B) or (3) of subsection 

13 (a) of such section. 

14 SEC. 10011. None of the funds appropriated or other15 wise made available in this Act may be used for a contract 

16 under section 2922a of title 10, United States Code, for 

17 energy or fuel for a military installation that is procured 

18 from the Russian Federation. 

19 SEC. 10012. None of the funds made available by this 

20 Act may be used to revise the DoD Food Service Program 

21 Manual (Number 1338.10 and dated December 2, 2014) 

22 to exclude meat. 

23 SEC. 10013. None of the funds appropriated or other24 wise made available in this Act may be used to implement 
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1 Department of Defense Directive 4715.21 on Climate 

2 Change Adaptation and Resilience. 

3 SEC. 10014. None of the funds made available by this 

4 Act may be used to modify a military installation in the 

5 United States, including construction or modification of 

6 a facility on a military installation, to provide temporary 

7 housing for unaccompanied alien children. 

8 SEC. 10015. None of the funds made available by this 

9 Act may be used to carry out or in response to the memo10 randum of the Deputy Assistant Secretary of Defense for 

11 Homeland Defense Integration and Defense Support of 

12 Civil Authorities titled ‘‘Memorandum for Secretaries of 

13 the Military Departments Director, Joint Staff’’ and dated 

14 November 25, 2015. 

15 SEC. 10016. None of the funds made available by this 

16 Act may be used by the Department of Defense to survey, 

17 assess, or review potential locations in the United States 

18 to detain any individual detained at United States Naval 

19 Station, Guantanamo Bay, Cuba, as of the date of the 

20 enactment of this Act. 

21 SEC. 10017. None of the funds appropriated or other22 wise made available in this Act may be used to carry out 

23 any of the following: 

24 (1) Section 2, 3, 4, 5, 6(b)(iii), or 6(c) of Exec25 utive Order No. 13653 (78 Fed. Reg. 66817). 
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1 (2) Section 2, 3, 7, 8, 9, 10, 11, 12, 13, 14, 

2 or 15(b) of Executive Order No. 13693 (80 Fed. 

3 Reg. 15869). 

4 (3) Paragraph (4), (9), (10), or (12) of sub5 section (c) or subsection (e) of section 2911 of title 

6 10, United States Code. 

7 (4) Section 400AA or 400FF of the Energy 

8 Policy and Conservation Act (42 U.S.C. 6374, 

9 6374e). 

10 (5) Section 303 of the Energy Policy Act of 

11 1992 (42 U.S.C. 13212). 

12 (6) Section 203 of the Energy Policy Act of 

13 2005 (42 U.S.C. 15852). 

14 SEC. 10018. None of the funds appropriated or other15 wise made available in this Act may be used to pay for 

16 any salaries or expenses of the office or position of the 

17 Special Envoy for Guantanamo Detention Closure or the 

18 Principal Director, Detainee Policy. 

19 SEC. 10019. None of the funds made available in this 

20 Act may be used to enforce, implement, or carry out the 

21 second proviso in the paragraph designated ‘‘Afghanistan 

22 Security Forces Fund’’ in Public Law 114–113. 
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1 This Act may be cited as the ‘‘Department of Defense 

2 Appropriations Act, 2017’’. 

Passed the House of Representatives June 16, 2016. 

Attest: 

Clerk. 
114TH CONGRESS 

2D SESSION H. R. 5293 

AN ACT 

Making appropriations for the Department of De2017, and for other purposes. fense for the fiscal year ending September 30,